Regards state agencies' authority to adopt administrative rules

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 775

2025-2026

Representatives Callender, Dovilla

Cosponsors: Representatives Fischer,
Ray, Demetriou, Fowler Arthur, John, Thomas, D., Mathews, A.

To
amend sections 9.46, 9.79, 9.821, 101.15, 101.34, 101.78, 101.98,
102.05, 103.0511, 105.41, 107.56, 109.08, 109.36, 109.361, 109.541,
109.57, 109.68, 111.15, 111.18, 111.47, 113.21, 113.51, 113.60,
119.01, 119.03, 120.03, 120.06, 120.521, 121.36, 121.41, 121.68,
122.075, 122.076, 122.077, 122.081, 122.083, 122.086, 122.087,
122.09, 122.154, 122.16, 122.17, 122.171, 122.175, 122.177, 122.179,
122.1710, 122.18, 122.25, 122.291, 122.38, 122.4020, 122.4077,
122.631, 122.632, 122.633, 122.6511, 122.6512, 122.74, 122.851,
122.86, 122.91, 122.922, 122.924, 122.925, 122.9511, 123.01, 123.04,
123.08, 123.201, 123.21, 123.22, 124.17, 124.74, 125.14, 125.84,
125.87, 125.88, 128.63, 131.024, 131.33, 135.182, 135.22, 135.45,
135.46, 135.61, 145.038, 145.09, 145.092, 145.196, 145.28, 145.2913,
145.2914, 145.311, 145.323, 145.381, 145.391, 145.401, 145.43,
145.58, 145.583, 145.584, 145.62, 145.65, 145.81, 145.814, 145.97,
147.62, 148.04, 149.331, 153.71, 156.05, 163.58, 166.02, 166.12,
166.17, 169.09, 173.02, 173.27, 173.38, 173.381, 173.42, 173.43,
173.45, 173.46, 173.502, 173.52, 173.522, 173.524, 173.543, 173.60,
175.05, 175.12, 175.15, 175.16, 175.17, 184.02, 184.116, 307.05,
321.46, 329.12, 340.03, 340.034, 340.08, 718.80, 718.83, 742.013,
742.10, 742.102, 742.161, 742.214, 742.27, 742.31, 742.3721, 742.38,
742.43, 742.443, 742.45, 742.451, 901.50, 901.61, 901.70, 901.72,
903.10, 903.16, 904.03, 905.01, 905.07, 905.51, 905.59, 905.63,
905.64, 907.10, 907.43, 909.03, 909.04, 909.10, 909.13, 909.14,
909.18, 909.99, 911.06, 911.19, 911.34, 913.28, 913.99, 915.12,
915.16, 915.17, 915.23, 918.04, 918.12, 918.25, 918.42, 918.44,
918.99, 921.16, 921.26, 923.43, 923.50, 924.02, 924.20, 924.21,
924.211, 924.22, 924.24, 924.25, 924.29, 924.41, 924.42, 924.44,
924.45, 924.52, 924.53, 925.07, 925.08, 926.01, 926.02, 926.05,
926.16, 926.19, 926.20, 926.22, 926.26, 926.29, 926.32, 927.52,
927.682, 927.69, 927.701, 927.71, 928.03, 935.17, 936.02, 939.02,
939.04, 940.02, 940.31, 941.01, 941.03, 941.99, 943.03, 943.07,
943.14, 943.24, 947.06, 947.99, 955.52, 956.03, 956.041, 1112.08,
1112.24, 1115.05, 1115.06, 1115.24, 1123.02, 1181.08, 1181.21,
1181.23, 1306.21, 1315.27, 1321.37, 1321.42, 1321.43, 1321.46,
1321.54, 1321.702, 1321.77, 1322.05, 1322.56, 1327.46, 1327.50,
1327.52, 1333.21, 1346.08, 1347.05, 1347.99, 1349.30, 1349.32,
1349.34, 1349.43, 1506.02, 1506.04, 1506.34, 1509.03, 1509.061,
1509.222, 1513.02, 1513.07, 1513.16, 1513.171, 1513.18, 1513.35,
1513.37, 1513.372, 1517.23, 1520.03, 1521.062, 1521.063, 1521.13,
1521.21, 1531.01, 1531.06, 1531.08, 1531.101, 1531.40, 1533.081,
1533.102, 1533.103, 1533.11, 1533.111, 1533.112, 1533.113, 1533.12,
1533.131, 1533.191, 1533.32, 1533.321, 1533.45, 1533.55, 1533.731,
1533.74, 1533.77, 1533.84, 1533.88, 1546.04, 1546.10, 1546.18,
1546.99, 1547.38, 1548.02, 1561.03, 1561.05, 1561.07, 1567.35,
1571.18, 1707.20, 1707.471, 1711.06, 1711.11, 1733.22, 1733.41,
1739.05, 1739.18, 1751.72, 1753.09, 1753.31, 1753.32, 1753.33,
1753.34, 1753.35, 1753.36, 1753.37, 1753.40, 1753.41, 1753.42,
1761.04, 1761.13, 1761.16, 2108.23, 2133.25, 2151.412, 2743.02,
2915.08, 2919.271, 2927.27, 2950.08, 2950.13, 2950.131, 2950.14,
2953.26, 3107.01, 3107.033, 3107.035, 3107.0611, 3107.10, 3107.101,
3109.16, 3109.179, 3111.02, 3111.65, 3115.401, 3119.33, 3119.36,
3119.37, 3119.371, 3119.94, 3121.50, 3121.89, 3123.22, 3123.63,
3123.82, 3123.88, 3123.90, 3129.01, 3301.07, 3301.0728, 3301.53,
3301.80, 3301.94, 3302.03, 3304.29, 3304.41, 3305.031, 3305.032,
3307.04, 3307.041, 3307.35, 3307.353, 3307.39, 3307.393, 3307.461,
3307.501, 3307.67, 3307.671, 3307.6913, 3307.6914, 3307.701,
3307.711, 3307.765, 3307.77, 3309.04, 3309.041, 3309.27, 3309.30,
3309.301, 3309.34, 3309.345, 3309.363, 3309.374, 3309.375, 3309.3712,
3309.39, 3309.392, 3309.472, 3309.473, 3309.474, 3309.69, 3309.692,
3309.731, 3309.81, 3310.031, 3310.17, 3310.41, 3310.64, 3313.377,
3313.616, 3313.6111, 3313.902
,

3317.072,
3318.60, 3323.02, 3323.08, 3324.11, 3328.12, 3328.13, 3332.031,
3332.09, 3333.04, 3333.052, 3333.073, 3333.125, 3333.126, 3333.127,
3333.13, 3333.136, 3333.168, 3333.28, 3333.37, 3333.391, 3333.61,
3333.70, 3333.72, 3333.88, 3333.90, 3345.024, 3345.27, 3345.28,
3345.31, 3345.351, 3345.481, 3345.57, 3349.03, 3352.07, 3365.034,
3375.01, 3375.04, 3379.04, 3517.10, 3517.106, 3517.23, 3701.021,
3701.132, 3701.136, 3701.144, 3701.145, 3701.241, 3701.31, 3701.341,
3701.508, 3701.54, 3701.615, 3701.84, 3701.87, 3701.922, 3701.936,
3701.937, 3701.938, 3702.301, 3702.3012, 3702.57, 3702.71, 3702.74,
3702.91, 3702.965, 3703.21, 3704.03, 3704.031, 3704.034, 3704.035,
3704.036, 3704.037, 3704.038, 3704.039, 3704.04, 3704.05, 3704.11,
3704.13, 3704.14, 3704.161, 3705.02, 3705.24, 3706.25, 3710.02,
3711.12, 3713.04, 3714.052, 3714.071, 3715.022, 3715.502, 3715.873,
3716.03, 3717.221, 3717.33, 3719.28, 3719.81, 3719.811, 3721.02,
3721.022, 3721.026, 3721.032, 3721.04, 3721.041, 3721.121, 3721.122,
3721.26, 3721.29, 3721.30, 3721.60, 3721.63, 3721.68, 3722.06,
3723.09, 3725.02, 3725.03, 3725.04, 3725.05, 3726.14, 3727.131,
3727.19, 3727.23, 3727.25, 3727.31, 3727.33, 3727.36, 3727.38,
3727.381, 3727.39, 3727.70, 3727.72, 3730.10, 3731.02, 3731.03,
3734.02, 3734.021, 3734.026, 3734.05, 3734.058, 3734.123, 3734.124,
3734.40, 3734.41, 3734.42, 3734.43, 3734.57, 3734.574, 3734.74,
3734.902, 3734.904, 3734.99, 3737.07, 3737.17, 3737.82, 3737.842,
3737.88, 3737.90, 3738.09, 3739.11, 3739.13, 3739.16, 3740.01,
3740.03, 3740.10, 3740.11, 3742.03, 3742.08, 3742.09, 3742.50,
3743.08, 3743.21, 3743.22, 3743.25, 3743.48, 3743.56, 3743.60,
3743.61, 3745.11, 3746.04, 3750.02, 3750.11, 3751.02, 3751.03,
3751.05, 3751.07, 3751.08, 3751.09, 3751.10, 3752.03, 3752.13,
3753.01, 3753.03, 3753.04, 3753.05, 3769.082, 3769.083, 3769.10,
3770.02, 3770.03, 3770.24, 3772.03, 3772.37, 3774.01, 3774.02,
3774.03, 3774.04, 3774.09, 3775.16, 3776.03, 3780.03, 3780.04,
3780.07, 3780.10, 3780.20, 3780.24, 3781.10, 3781.105, 3781.21,
3783.05, 3794.07, 3796.03, 3796.061, 3796.16, 3797.08, 3901.041,
3901.042, 3901.074, 3901.212, 3901.31, 3901.321, 3901.352, 3901.382,
3901.383, 3901.3814, 3901.41, 3901.80, 3901.83, 3902.30, 3902.36,
3902.53, 3902.54, 3902.61, 3903.07, 3903.81, 3903.82, 3903.83,
3903.84, 3903.85, 3903.86, 3903.87, 3903.89, 3903.91, 3903.92,
3905.01, 3905.04, 3905.06, 3905.064, 3905.065, 3905.066, 3905.067,
3905.068, 3905.26, 3905.471, 3905.71, 3905.72, 3905.78, 3905.83,
3905.84, 3905.851, 3905.87, 3905.89, 3905.921, 3905.932, 3906.03,
3906.15, 3911.011, 3913.01, 3915.073, 3915.09, 3916.03, 3916.05,
3916.20, 3918.12, 3923.041, 3923.332, 3924.49, 3924.72, 3929.44,
3935.10, 3937.43, 3953.32, 3956.10, 3959.04, 3959.111, 3959.12,
3961.01, 3961.05, 3961.08, 3963.02, 3964.07, 3964.19, 3965.09,
3965.11, 4111.05, 4111.06, 4111.08, 4117.02, 4121.61, 4123.32,
4123.35, 4123.351, 4125.02, 4133.02, 4141.06, 4141.13, 4141.29,
4141.43, 4141.431, 4141.50, 4167.07, 4167.08, 4167.11, 4301.03,
4301.102, 4303.202, 4303.208, 4303.209, 4303.234, 4303.251, 4303.271,
4307.04, 4501.02, 4501.022, 4501.271, 4501.81, 4503.03, 4503.036,
4503.10, 4503.101, 4503.102, 4503.111, 4503.29, 4503.51, 4503.64,
4503.642, 4505.01, 4505.02, 4505.20, 4506.11, 4506.17, 4507.061,
4507.18, 4507.21, 4507.233, 4507.49, 4508.01, 4508.02, 4509.03,
4509.101, 4510.10, 4510.108, 4510.45, 4511.76, 4511.81, 4513.52,
4517.17, 4517.22, 4517.32, 4519.20, 4519.51, 4521.10, 4561.05,
4561.32, 4701.03, 4703.02, 4703.06, 4707.19, 4709.05, 4713.08,
4715.03, 4715.031, 4715.372, 4715.42, 4715.436, 4715.57, 4715.66,
4717.04, 4723.07, 4723.114, 4723.26, 4723.351, 4723.50, 4723.69,
4723.79, 4723.88, 4723.89, 4725.09, 4725.16, 4725.19, 4725.33,
4725.44, 4725.51, 4727.13, 4729.10, 4729.12, 4729.16, 4729.28,
4729.382, 4729.39, 4729.391, 4729.41, 4729.47, 4729.51, 4729.52,
4729.53, 4729.531, 4729.54, 4729.552, 4729.554, 4729.56, 4729.57,
4729.62, 4729.69, 4729.70, 4729.84, 4729.94, 4730.141, 4730.39,
4730.49, 4731.05, 4731.053, 4731.151, 4731.16, 4731.19, 4731.22,
4731.228, 4731.255, 4731.283, 4731.291, 4731.293, 4731.295, 4731.297,
4731.298, 4731.301, 4731.573, 4732.06, 4733.07, 4734.25, 4734.27,
4734.282, 4734.284, 4734.42, 4735.10, 4737.045, 4738.11, 4740.04,
4741.03, 4741.221, 4741.45, 4741.51, 4743.041, 4743.09, 4745.04,
4747.04, 4749.02, 4749.08, 4751.03, 4751.10, 4751.15, 4751.20,
4751.21, 4751.24, 4751.25, 4751.30, 4751.31, 4751.32, 4751.45,
4752.17, 4753.05, 4753.06, 4757.10, 4757.22, 4757.23, 4757.27,
4757.28, 4758.20, 4758.21, 4759.05, 4759.051, 4759.064, 4760.062,
4761.03, 4761.032, 4761.062, 4762.062, 4763.03, 4763.06, 4763.07,
4763.12, 4765.11, 4765.431, 4765.45, 4766.03, 4768.03, 4771.05,
4771.07, 4771.08, 4772.13, 4772.19, 4773.08, 4774.062, 4774.11,
4775.04, 4778.03, 4778.072, 4778.12, 4779.08, 4779.32, 4781.04,
4783.03, 4785.08, 4796.30, 4905.06, 4905.301, 4905.72, 4905.79,
4905.81, 4905.84, 4906.03, 4909.172, 4921.25, 4921.30, 4927.03,
4927.06, 4928.06, 4928.10, 4928.11, 4928.12, 4928.13, 4928.14,
4928.16, 4928.17, 4928.31, 4928.34, 4928.35, 4928.37, 4928.543,
4928.62, 4928.70, 4928.73, 4929.221, 4935.04, 4939.07, 4981.14,
5101.11, 5101.16, 5101.214, 5101.24, 5101.241, 5101.244, 5101.33,
5101.35, 5101.37, 5101.46, 5101.461, 5101.47, 5101.48, 5101.49,
5101.544, 5101.61, 5101.71, 5101.741, 5101.801, 5101.83, 5101.971,
5103.03, 5103.035, 5103.037, 5103.038, 5103.0310, 5103.0312,
5103.0316, 5103.0323, 5103.0329, 5103.05, 5103.053, 5103.07, 5103.18,
5103.181, 5104.013, 5104.015, 5104.017, 5104.018, 5104.019, 5104.041,
5104.043, 5104.30, 5104.38, 5104.53, 5116.06, 5117.02, 5119.141,
5119.181, 5119.185, 5119.19, 5119.20, 5119.21, 5119.211, 5119.22,
5119.221, 5119.25, 5119.36, 5119.368, 5119.39, 5119.51, 5120.01,
5120.031, 5120.04, 5120.103, 5120.19, 5120.27, 5120.28, 5120.53,
5120.55, 5120.56, 5120.65, 5122.33, 5123.022, 5123.025, 5123.026,
5123.04, 5123.0420, 5123.081, 5123.09, 5123.093, 5123.19, 5123.194,
5123.196, 5123.35, 5123.351, 5123.40, 5123.42, 5123.43, 5123.44,
5123.45, 5123.54, 5123.65, 5124.01, 5124.08, 5124.10, 5124.105,
5124.109, 5124.15, 5124.152, 5124.153, 5124.17, 5124.19, 5124.191,
5124.192, 5124.193, 5124.21, 5124.23, 5124.24, 5124.26, 5124.29,
5124.34, 5124.38, 5124.516, 5124.53, 5126.0220, 5126.04, 5126.08,
5126.081, 5126.11, 5126.131, 5126.25, 5139.04, 5139.281, 5139.33,
5139.34, 5139.43, 5145.03, 5145.14, 5145.15, 5145.161, 5147.30,
5149.101, 5149.31, 5153.111, 5153.113, 5153.124, 5153.16, 5153.163,
5160.052, 5160.10, 5160.12, 5160.20, 5160.34, 5160.37, 5160.43,
5160.48, 5161.02, 5161.30, 5162.01, 5162.021, 5162.031, 5162.10,
5162.21, 5162.23, 5162.364, 5162.41, 5162.66, 5163.01, 5163.02,
5163.063, 5163.098, 5163.20, 5163.21, 5163.30, 5163.31, 5164.02,
5164.061, 5164.071, 5164.072, 5164.092, 5164.16, 5164.291, 5164.31,
5164.32, 5164.33, 5164.34, 5164.341, 5164.342, 5164.36, 5164.46,
5164.74, 5164.741, 5164.755, 5164.758, 5164.76, 5164.89, 5164.93,
5164.95, 5164.96, 5165.01, 5165.04, 5165.082, 5165.10, 5165.105,
5165.109, 5165.153, 5165.154, 5165.156, 5165.17, 5165.191, 5165.192,
5165.193, 5165.38, 5165.48, 5165.516, 5165.53, 5165.61, 5165.62,
5165.64, 5165.771, 5165.78, 5165.81, 5166.02, 5166.04, 5166.121,
5166.23, 5166.30, 5166.301, 5166.303, 5166.308, 5166.409, 5167.031,
5167.101, 5167.173, 5167.20, 5167.31, 5167.33, 5167.35, 5167.40,
5167.41, 5167.47, 5168.02, 5168.26, 5168.56, 5168.71, 5168.75,
5168.78, 5168.90, 5180.02, 5180.21, 5180.278, 5180.32, 5180.404,
5180.42, 5180.422, 5180.427, 5180.4211, 5180.4214, 5180.43, 5180.453,
5180.52, 5180.53, 5180.71, 5180.72, 5301.254, 5315.02, 5501.311,
5501.51, 5502.011, 5502.22, 5502.26, 5502.27, 5502.271, 5502.65,
5502.703, 5503.10, 5503.11, 5505.07, 5505.17, 5505.174, 5505.177,
5505.18, 5505.28, 5505.281, 5505.41, 5505.50, 5505.54, 5515.08,
5516.03, 5516.14, 5526.06, 5531.09, 5531.14, 5531.30, 5537.29,
5595.12, 5703.021, 5703.49, 5703.56, 5703.76, 5703.77, 5703.94,
5705.341, 5709.112, 5709.67, 5713.012, 5715.29, 5725.33, 5725.36,
5726.10, 5726.31, 5726.58, 5727.88, 5728.06, 5729.19, 5731.011,
5733.07, 5733.121, 5733.42, 5735.05, 5735.062, 5736.03, 5739.05,
5739.121, 5739.36, 5741.06, 5741.071, 5741.072, 5743.15, 5743.51,
5745.15, 5747.026, 5747.063, 5747.064, 5747.065, 5747.12, 5747.121,
5747.123, 5747.18, 5747.38, 5747.73, 5747.83, 5747.85, 5749.14,
5751.013, 5751.07, 5753.09, 5902.05, 5911.011, 5919.23, 5922.04,
5922.05, 5922.07, 6109.04, 6109.072, 6109.121, 6111.035, 6111.043,
6111.047, 6111.049, 6111.32, 6111.451, and 6115.51; to enact section
121.96; and to repeal sections 109.366, 121.50, 125.90, 135.48,
145.80, 173.434, 173.49, 191.40, 905.05, 905.61, 915.22, 925.06,
943.15, 1112.28, 1315.14, 1322.02, 1322.55, 1322.57, 1349.33,
1349.36, 1506.021, 1531.09, 1531.10, 1546.15, 1716.13, 1751.48,
1753.43, 3111.35, 3111.67, 3119.51, 3121.8911, 3123.121, 3123.823,
3307.80, 3309.80, 3328.50, 3333.137, 3333.374, 3333.87, 3701.9314,
3702.79, 3702.86, 3702.961, 3702.981, 3704.141, 3706.29, 3715.69,
3715.82, 3715.91, 3721.11, 3721.67, 3727.15, 3727.40, 3727.79,
3734.47, 3749.02, 3753.02, 3901.044, 3901.077, 3901.3813, 3901.833,
3903.93, 3905.0611, 3905.79, 3905.95, 3938.09, 3960.12, 3961.09,
3963.08, 3964.21, 3965.10, 3970.08, 4506.22, 4729.26, 4730.07,
4734.10, 4744.28, 4751.04, 4760.19, 4762.19, 5101.222, 5119.397,
5120.657, 5124.03, 5160.02, 5162.02, 5165.02, 5165.61, 5167.02,
5168.86, 5180.536, 5502.25, 5703.16, 5709.24, 5709.912, 5920.02,
5921.10, and 5922.02 of the Revised Code
regarding
state agencies' general authority to adopt administrative rules and
to amend the version of section 3313.902 of the Revised Code that is
scheduled to take effect on July 1, 2026, to continue the change on
and after that date.

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

Section
1.
That
sections 9.46, 9.79, 9.821, 101.15, 101.34, 101.78, 101.98, 102.05,
103.0511, 105.41, 107.56, 109.08, 109.36, 109.361, 109.541, 109.57,
109.68, 111.15, 111.18, 111.47, 113.21, 113.51, 113.60, 119.01,
119.03, 120.03, 120.06, 120.521, 121.36, 121.41, 121.68, 122.075,
122.076, 122.077, 122.081, 122.083, 122.086, 122.087, 122.09,
122.154, 122.16, 122.17, 122.171, 122.175, 122.177, 122.179,
122.1710, 122.18, 122.25, 122.291, 122.38, 122.4020, 122.4077,
122.631, 122.632, 122.633, 122.6511, 122.6512, 122.74, 122.851,
122.86, 122.91, 122.922, 122.924, 122.925, 122.9511, 123.01, 123.04,
123.08, 123.201, 123.21, 123.22, 124.17, 124.74, 125.14, 125.84,
125.87, 125.88, 128.63, 131.024, 131.33, 135.182, 135.22, 135.45,
135.46, 135.61, 145.038, 145.09, 145.092, 145.196, 145.28, 145.2913,
145.2914, 145.311, 145.323, 145.381, 145.391, 145.401, 145.43,
145.58, 145.583, 145.584, 145.62, 145.65, 145.81, 145.814, 145.97,
147.62, 148.04, 149.331, 153.71, 156.05, 163.58, 166.02, 166.12,
166.17, 169.09, 173.02, 173.27, 173.38, 173.381, 173.42, 173.43,
173.45, 173.46, 173.502, 173.52, 173.522, 173.524, 173.543, 173.60,
175.05, 175.12, 175.15, 175.16, 175.17, 184.02, 184.116, 307.05,
321.46, 329.12, 340.03, 340.034, 340.08, 718.80, 718.83, 742.013,
742.10, 742.102, 742.161, 742.214, 742.27, 742.31, 742.3721, 742.38,
742.43, 742.443, 742.45, 742.451, 901.50, 901.61, 901.70, 901.72,
903.10, 903.16, 904.03, 905.01, 905.07, 905.51, 905.59, 905.63,
905.64, 907.10, 907.43, 909.03, 909.04, 909.10, 909.13, 909.14,
909.18, 909.99, 911.06, 911.19, 911.34, 913.28, 913.99, 915.12,
915.16, 915.17, 915.23, 918.04, 918.12, 918.25, 918.42, 918.44,
918.99, 921.16, 921.26, 923.43, 923.50, 924.02, 924.20, 924.21,
924.211, 924.22, 924.24, 924.25, 924.29, 924.41, 924.42, 924.44,
924.45, 924.52, 924.53, 925.07, 925.08, 926.01, 926.02, 926.05,
926.16, 926.19, 926.20, 926.22, 926.26, 926.29, 926.32, 927.52,
927.682, 927.69, 927.701, 927.71, 928.03, 935.17, 936.02, 939.02,
939.04, 940.02, 940.31, 941.01, 941.03, 941.99, 943.03, 943.07,
943.14, 943.24, 947.06, 947.99, 955.52, 956.03, 956.041, 1112.08,
1112.24, 1115.05, 1115.06, 1115.24, 1123.02, 1181.08, 1181.21,
1181.23, 1306.21, 1315.27, 1321.37, 1321.42, 1321.43, 1321.46,
1321.54, 1321.702, 1321.77, 1322.05, 1322.56, 1327.46, 1327.50,
1327.52, 1333.21, 1346.08, 1347.05, 1347.99, 1349.30, 1349.32,
1349.34, 1349.43, 1506.02, 1506.04, 1506.34, 1509.03, 1509.061,
1509.222, 1513.02, 1513.07, 1513.16, 1513.171, 1513.18, 1513.35,
1513.37, 1513.372, 1517.23, 1520.03, 1521.062, 1521.063, 1521.13,
1521.21, 1531.01, 1531.06, 1531.08, 1531.101, 1531.40, 1533.081,
1533.102, 1533.103, 1533.11, 1533.111, 1533.112, 1533.113, 1533.12,
1533.131, 1533.191, 1533.32, 1533.321, 1533.45, 1533.55, 1533.731,
1533.74, 1533.77, 1533.84, 1533.88, 1546.04, 1546.10, 1546.18,
1546.99, 1547.38, 1548.02, 1561.03, 1561.05, 1561.07, 1567.35,
1571.18, 1707.20, 1707.471, 1711.06, 1711.11, 1733.22, 1733.41,
1739.05, 1739.18, 1751.72, 1753.09, 1753.31, 1753.32, 1753.33,
1753.34, 1753.35, 1753.36, 1753.37, 1753.40, 1753.41, 1753.42,
1761.04, 1761.13, 1761.16, 2108.23, 2133.25, 2151.412, 2743.02,
2915.08, 2919.271, 2927.27, 2950.08, 2950.13, 2950.131, 2950.14,
2953.26, 3107.01, 3107.033, 3107.035, 3107.0611, 3107.10, 3107.101,
3109.16, 3109.179, 3111.02, 3111.65, 3115.401, 3119.33, 3119.36,
3119.37, 3119.371, 3119.94, 3121.50, 3121.89, 3123.22, 3123.63,
3123.82, 3123.88, 3123.90, 3129.01, 3301.07, 3301.0728, 3301.53,
3301.80, 3301.94, 3302.03, 3304.29, 3304.41, 3305.031, 3305.032,
3307.04, 3307.041, 3307.35, 3307.353, 3307.39, 3307.393, 3307.461,
3307.501, 3307.67, 3307.671, 3307.6913, 3307.6914, 3307.701,
3307.711, 3307.765, 3307.77, 3309.04, 3309.041, 3309.27, 3309.30,
3309.301, 3309.34, 3309.345, 3309.363, 3309.374, 3309.375, 3309.3712,
3309.39, 3309.392, 3309.472, 3309.473, 3309.474, 3309.69, 3309.692,
3309.731, 3309.81, 3310.031, 3310.17, 3310.41, 3310.64, 3313.377,
3313.616, 3313.6111, 3313.902, 3317.072, 3318.60, 3323.02, 3323.08,
3324.11, 3328.12, 3328.13, 3332.031, 3332.09, 3333.04, 3333.052,
3333.073, 3333.125, 3333.126, 3333.127, 3333.13, 3333.136, 3333.168,
3333.28, 3333.37, 3333.391, 3333.61, 3333.70, 3333.72, 3333.88,
3333.90, 3345.024, 3345.27, 3345.28, 3345.31, 3345.351, 3345.481,
3345.57, 3349.03, 3352.07, 3365.034, 3375.01, 3375.04, 3379.04,
3517.10, 3517.106, 3517.23, 3701.021, 3701.132, 3701.136, 3701.144,
3701.145, 3701.241, 3701.31, 3701.341, 3701.508, 3701.54, 3701.615,
3701.84, 3701.87, 3701.922, 3701.936, 3701.937, 3701.938, 3702.301,
3702.3012, 3702.57, 3702.71, 3702.74, 3702.91, 3702.965, 3703.21,
3704.03, 3704.031, 3704.034, 3704.035, 3704.036, 3704.037, 3704.038,
3704.039, 3704.04, 3704.05, 3704.11, 3704.13, 3704.14, 3704.161,
3705.02, 3705.24, 3706.25, 3710.02, 3711.12, 3713.04, 3714.052,
3714.071, 3715.022, 3715.502, 3715.873, 3716.03, 3717.221, 3717.33,
3719.28, 3719.81, 3719.811, 3721.02, 3721.022, 3721.026, 3721.032,
3721.04, 3721.041, 3721.121, 3721.122, 3721.26, 3721.29, 3721.30,
3721.60, 3721.63, 3721.68, 3722.06, 3723.09, 3725.02, 3725.03,
3725.04, 3725.05, 3726.14, 3727.131, 3727.19, 3727.23, 3727.25,
3727.31, 3727.33, 3727.36, 3727.38, 3727.381, 3727.39, 3727.70,
3727.72, 3730.10, 3731.02, 3731.03, 3734.02, 3734.021, 3734.026,
3734.05, 3734.058, 3734.123, 3734.124, 3734.40, 3734.41, 3734.42,
3734.43, 3734.57, 3734.574, 3734.74, 3734.902, 3734.904, 3734.99,
3737.07, 3737.17, 3737.82, 3737.842, 3737.88, 3737.90, 3738.09,
3739.11, 3739.13, 3739.16, 3740.01, 3740.03, 3740.10, 3740.11,
3742.03, 3742.08, 3742.09, 3742.50, 3743.08, 3743.21, 3743.22,
3743.25, 3743.48, 3743.56, 3743.60, 3743.61, 3745.11, 3746.04,
3750.02, 3750.11, 3751.02, 3751.03, 3751.05, 3751.07, 3751.08,
3751.09, 3751.10, 3752.03, 3752.13, 3753.01, 3753.03, 3753.04,
3753.05, 3769.082, 3769.083, 3769.10, 3770.02, 3770.03, 3770.24,
3772.03, 3772.37, 3774.01, 3774.02, 3774.03, 3774.04, 3774.09,
3775.16, 3776.03, 3780.03, 3780.04, 3780.07, 3780.10, 3780.20,
3780.24, 3781.10, 3781.105, 3781.21, 3783.05, 3794.07, 3796.03,
3796.061, 3796.16, 3797.08, 3901.041, 3901.042, 3901.074, 3901.212,
3901.31, 3901.321, 3901.352, 3901.382, 3901.383, 3901.3814, 3901.41,
3901.80, 3901.83, 3902.30, 3902.36, 3902.53, 3902.54, 3902.61,
3903.07, 3903.81, 3903.82, 3903.83, 3903.84, 3903.85, 3903.86,
3903.87, 3903.89, 3903.91, 3903.92, 3905.01, 3905.04, 3905.06,
3905.064, 3905.065, 3905.066, 3905.067, 3905.068, 3905.26, 3905.471,
3905.71, 3905.72, 3905.78, 3905.83, 3905.84, 3905.851, 3905.87,
3905.89, 3905.921, 3905.932, 3906.03, 3906.15, 3911.011, 3913.01,
3915.073, 3915.09, 3916.03, 3916.05, 3916.20, 3918.12, 3923.041,
3923.332, 3924.49, 3924.72, 3929.44, 3935.10, 3937.43, 3953.32,
3956.10, 3959.04, 3959.111, 3959.12, 3961.01, 3961.05, 3961.08,
3963.02, 3964.07, 3964.19, 3965.09, 3965.11, 4111.05, 4111.06,
4111.08, 4117.02, 4121.61, 4123.32, 4123.35, 4123.351, 4125.02,
4133.02, 4141.06, 4141.13, 4141.29, 4141.43, 4141.431, 4141.50,
4167.07, 4167.08, 4167.11, 4301.03, 4301.102, 4303.202, 4303.208,
4303.209, 4303.234, 4303.251, 4303.271, 4307.04, 4501.02, 4501.022,
4501.271, 4501.81, 4503.03, 4503.036, 4503.10, 4503.101, 4503.102,
4503.111, 4503.29, 4503.51, 4503.64, 4503.642, 4505.01, 4505.02,
4505.20, 4506.11, 4506.17, 4507.061, 4507.18, 4507.21, 4507.233,
4507.49, 4508.01, 4508.02, 4509.03, 4509.101, 4510.10, 4510.108,
4510.45, 4511.76, 4511.81, 4513.52, 4517.17, 4517.22, 4517.32,
4519.20, 4519.51, 4521.10, 4561.05, 4561.32, 4701.03, 4703.02,
4703.06, 4707.19, 4709.05, 4713.08, 4715.03, 4715.031, 4715.372,
4715.42, 4715.436, 4715.57, 4715.66, 4717.04, 4723.07, 4723.114,
4723.26, 4723.351, 4723.50, 4723.69, 4723.79, 4723.88, 4723.89,
4725.09, 4725.16, 4725.19, 4725.33, 4725.44, 4725.51, 4727.13,
4729.10, 4729.12, 4729.16, 4729.28, 4729.382, 4729.39, 4729.391,
4729.41, 4729.47, 4729.51, 4729.52, 4729.53, 4729.531, 4729.54,
4729.552, 4729.554, 4729.56, 4729.57, 4729.62, 4729.69, 4729.70,
4729.84, 4729.94, 4730.141, 4730.39, 4730.49, 4731.05, 4731.053,
4731.151, 4731.16, 4731.19, 4731.22, 4731.228, 4731.255, 4731.283,
4731.291, 4731.293, 4731.295, 4731.297, 4731.298, 4731.301, 4731.573,
4732.06, 4733.07, 4734.25, 4734.27, 4734.282, 4734.284, 4734.42,
4735.10, 4737.045, 4738.11, 4740.04, 4741.03, 4741.221, 4741.45,
4741.51, 4743.041, 4743.09, 4745.04, 4747.04, 4749.02, 4749.08,
4751.03, 4751.10, 4751.15, 4751.20, 4751.21, 4751.24, 4751.25,
4751.30, 4751.31, 4751.32, 4751.45, 4752.17, 4753.05, 4753.06,
4757.10, 4757.22, 4757.23, 4757.27, 4757.28, 4758.20, 4758.21,
4759.05, 4759.051, 4759.064, 4760.062, 4761.03, 4761.032, 4761.062,
4762.062, 4763.03, 4763.06, 4763.07, 4763.12, 4765.11, 4765.431,
4765.45, 4766.03, 4768.03, 4771.05, 4771.07, 4771.08, 4772.13,
4772.19, 4773.08, 4774.062, 4774.11, 4775.04, 4778.03, 4778.072,
4778.12, 4779.08, 4779.32, 4781.04, 4783.03, 4785.08, 4796.30,
4905.06, 4905.301, 4905.72, 4905.79, 4905.81, 4905.84, 4906.03,
4909.172, 4921.25, 4921.30, 4927.03, 4927.06, 4928.06, 4928.10,
4928.11, 4928.12, 4928.13, 4928.14, 4928.16, 4928.17, 4928.31,
4928.34, 4928.35, 4928.37, 4928.543, 4928.62, 4928.70, 4928.73,
4929.221, 4935.04, 4939.07, 4981.14, 5101.11, 5101.16, 5101.214,
5101.24, 5101.241, 5101.244, 5101.33, 5101.35, 5101.37, 5101.46,
5101.461, 5101.47, 5101.48, 5101.49, 5101.544, 5101.61, 5101.71,
5101.741, 5101.801, 5101.83, 5101.971, 5103.03, 5103.035, 5103.037,
5103.038, 5103.0310, 5103.0312, 5103.0316, 5103.0323, 5103.0329,
5103.05, 5103.053, 5103.07, 5103.18, 5103.181, 5104.013, 5104.015,
5104.017, 5104.018, 5104.019, 5104.041, 5104.043, 5104.30, 5104.38,
5104.53, 5116.06, 5117.02, 5119.141, 5119.181, 5119.185, 5119.19,
5119.20, 5119.21, 5119.211, 5119.22, 5119.221, 5119.25, 5119.36,
5119.368, 5119.39, 5119.51, 5120.01, 5120.031, 5120.04, 5120.103,
5120.19, 5120.27, 5120.28, 5120.53, 5120.55, 5120.56, 5120.65,
5122.33, 5123.022, 5123.025, 5123.026, 5123.04, 5123.0420, 5123.081,
5123.09, 5123.093, 5123.19, 5123.194, 5123.196, 5123.35, 5123.351,
5123.40, 5123.42, 5123.43, 5123.44, 5123.45, 5123.54, 5123.65,
5124.01, 5124.08, 5124.10, 5124.105, 5124.109, 5124.15, 5124.152,
5124.153, 5124.17, 5124.19, 5124.191, 5124.192, 5124.193, 5124.21,
5124.23, 5124.24, 5124.26, 5124.29, 5124.34, 5124.38, 5124.516,
5124.53, 5126.0220, 5126.04, 5126.08, 5126.081, 5126.11, 5126.131,
5126.25, 5139.04, 5139.281, 5139.33, 5139.34, 5139.43, 5145.03,
5145.14, 5145.15, 5145.161, 5147.30, 5149.101, 5149.31, 5153.111,
5153.113, 5153.124, 5153.16, 5153.163, 5160.052, 5160.10, 5160.12,
5160.20, 5160.34, 5160.37, 5160.43, 5160.48, 5161.02, 5161.30,
5162.01, 5162.021, 5162.031, 5162.10, 5162.21, 5162.23, 5162.364,
5162.41, 5162.66, 5163.01, 5163.02, 5163.063, 5163.098, 5163.20,
5163.21, 5163.30, 5163.31, 5164.02, 5164.061, 5164.071, 5164.072,
5164.092, 5164.16, 5164.291, 5164.31, 5164.32, 5164.33, 5164.34,
5164.341, 5164.342, 5164.36, 5164.46, 5164.74, 5164.741, 5164.755,
5164.758, 5164.76, 5164.89, 5164.93, 5164.95, 5164.96, 5165.01,
5165.04, 5165.082, 5165.10, 5165.105, 5165.109, 5165.153, 5165.154,
5165.156, 5165.17, 5165.191, 5165.192, 5165.193, 5165.38, 5165.48,
5165.516, 5165.53, 5165.61, 5165.62, 5165.64, 5165.771, 5165.78,
5165.81, 5166.02, 5166.04, 5166.121, 5166.23, 5166.30, 5166.301,
5166.303, 5166.308, 5166.409, 5167.031, 5167.101, 5167.173, 5167.20,
5167.31, 5167.33, 5167.35, 5167.40, 5167.41, 5167.47, 5168.02,
5168.26, 5168.56, 5168.71, 5168.75, 5168.78, 5168.90, 5180.02,
5180.21, 5180.278, 5180.32, 5180.404, 5180.42, 5180.422, 5180.427,
5180.4211, 5180.4214, 5180.43, 5180.453, 5180.52, 5180.53, 5180.71,
5180.72, 5301.254, 5315.02, 5501.311, 5501.51, 5502.011, 5502.22,
5502.26, 5502.27, 5502.271, 5502.65, 5502.703, 5503.10, 5503.11,
5505.07, 5505.17, 5505.174, 5505.177, 5505.18, 5505.28, 5505.281,
5505.41, 5505.50, 5505.54, 5515.08, 5516.03, 5516.14, 5526.06,
5531.09, 5531.14, 5531.30, 5537.29, 5595.12, 5703.021, 5703.49,
5703.56, 5703.76, 5703.77, 5703.94, 5705.341, 5709.112, 5709.67,
5713.012, 5715.29, 5725.33, 5725.36, 5726.10, 5726.31, 5726.58,
5727.88, 5728.06, 5729.19, 5731.011, 5733.07, 5733.121, 5733.42,
5735.05, 5735.062, 5736.03, 5739.05, 5739.121, 5739.36, 5741.06,
5741.071, 5741.072, 5743.15, 5743.51, 5745.15, 5747.026, 5747.063,
5747.064, 5747.065, 5747.12, 5747.121, 5747.123, 5747.18, 5747.38,
5747.73, 5747.83, 5747.85, 5749.14, 5751.013, 5751.07, 5753.09,
5902.05, 5911.011, 5919.23, 5922.04, 5922.05, 5922.07, 6109.04,
6109.072, 6109.121, 6111.035, 6111.043, 6111.047, 6111.049, 6111.32,
6111.451, and 6115.51 be amended and section 121.96 of the Revised
Code be enacted to read as follows:

Sec.
9.46.
The
state and any political subdivisions shall grant employees leave from
employment to participate in olympic competition sanctioned by the
United States olympic committee. Any leave so granted shall not
exceed the time required for actual participation in the competition,
plus a reasonable time for travel to and return from the site of the
competition, and a reasonable time for precompetition training at the
site. The state or subdivision shall compensate the employee at

his
the
employee's

regular rate of pay during any leave granted for participation in
olympic competition. Pay for each week of leave shall not exceed the
amount the employee would receive for a standard work week as defined
in section 124.18 of the Revised Code, and the employee shall not be
paid for any day spent in olympic competition for which
he
the
employee

would not ordinarily receive pay as part of
his
the
employee's

regular employment.

The director of administrative services shall implement this act by
adopting appropriate rules.

Sec.
9.79.
(A)
As used in this section:

(1)
"License" means an authorization evidenced by a license,
certificate, registration, permit, card, or other authority that is
issued or conferred by a licensing authority to an individual by
which the individual has or claims the privilege to engage in a
profession, occupation, or occupational activity over which the
licensing authority has jurisdiction. "License" does not
include a registration under section 101.72, 101.92, or 121.62 of the
Revised Code.

(2)
"Licensing authority" means a state agency that issues
licenses under Title XLVII or any other provision of the Revised Code
to practice an occupation or profession.

(3)
"Offense of violence" has the same meaning as in section
2901.01 of the Revised Code.

(4)
"Sexually oriented offense" has the same meaning as in
section 2950.01 of the Revised Code.

(5)
"State agency" has the same meaning as in section 1.60 of
the Revised Code.

(6)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(7)
"Post-release control sanction" has the same meaning as in
section 2967.01 of the Revised Code.

(8)
"Fiduciary duty" means a duty to act for someone else's
benefit, while subordinating one's personal interest to that of the
other person.

(B)(1)
Notwithstanding any provision of the Revised Code to the contrary,
subject to division
(L)
(K)

of this section, for each type of license issued or conferred by a
licensing authority, the licensing authority shall establish within
one hundred eighty days after April 12, 2021, a list of specific
criminal offenses for which a conviction, judicial finding of guilt,
or plea of guilty may disqualify an individual from obtaining an
initial license. The licensing authority shall make the list
available to the public on the licensing authority's web site
pursuant to division (C) of section 9.78 of the Revised Code. The
licensing authority, in adopting the list, shall do both of the
following:

(a)
Identify each disqualifying offense by name or by the Revised Code
section number that creates the offense;

(b)
Include in the list only criminal offenses that are directly related
to the duties and responsibilities of the licensed occupation.

(2)
The licensing authority may include in the list established under
division (B)(1) of this section an existing or former municipal
ordinance or law of this or any other state or the United States that
is substantially equivalent to any section or offense included in the
list adopted under division (B)(1) of this section.

(C)(1)
Except as provided in division (C)(2) or (D) of this section and
subject to division
(L)
(K)

of this section, a licensing authority shall not refuse to issue an
initial license to an individual based on any of the following:

(a)
Solely or in part on a conviction of, judicial finding of guilt of,
or plea of guilty to an offense;

(b)
A criminal charge that does not result in a conviction, judicial
finding of guilt, or plea of guilty;

(c)
A nonspecific qualification such as "moral turpitude" or
lack of "moral character";

(d)
A disqualifying offense included in the list established under
division (B) of this section, if consideration of that offense occurs
after the time periods permitted in division (D) of this section.

(2)
If the individual was convicted of, found guilty pursuant to a
judicial finding of guilt of, or pleaded guilty to a disqualifying
offense included in the list established under division (B) of this
section for the license for which the individual applied, the
licensing authority may take the conviction, judicial finding of
guilt, or plea of guilty into consideration in accordance with
division (D) of this section.

(D)(1)
A licensing authority that may, under division (C)(2) of this
section, consider a conviction of, judicial finding of guilt of, or
plea of guilty to an offense in determining whether to refuse to
issue an initial license to an individual shall consider all of the
following factors and shall use a preponderance of the evidence
standard in evaluating those factors to determine whether the
conviction, judicial finding of guilt, or plea of guilty disqualifies
the individual from receiving the license:

(a)
The nature and seriousness of the offense for which the individual
was convicted, found guilty pursuant to a judicial finding of guilt,
or pleaded guilty;

(b)
The passage of time since the individual committed the offense;

(c)
The relationship of the offense to the ability, capacity, and fitness
required to perform the duties and discharge the responsibilities of
the occupation;

(d)
Any evidence of mitigating rehabilitation or treatment undertaken by
the individual, including whether the individual has been issued a
certificate of qualification for employment under section 2953.25 of
the Revised Code or a certificate of achievement and employability
under section 2961.22 of the Revised Code;

(e)
Whether the denial of a license is reasonably necessary to ensure
public safety.

(2)
A licensing authority may take a disqualifying offense included in
the list established under division (B) of this section into account
only during the following time periods:

(a)
For a conviction of, judicial finding of guilt of, or plea of guilty
to a disqualifying offense that does not involve a breach of
fiduciary duty and that is not an offense of violence or a sexually
oriented offense, whichever of the following is later, provided the
individual was not convicted of, found guilty pursuant to a judicial
finding of guilt of, and did not enter a plea of guilty to any other
offense during the applicable period:

(i)
Five years from the date of conviction, judicial finding of guilt, or
plea of guilty;

(ii)
Five years from the date of the release from incarceration;

(iii)
The time period specified in division (D)(3) of this section.

(b)
For a conviction of, judicial finding of guilt of, or plea of guilty
to a disqualifying offense that involves a breach of fiduciary duty
and that is not an offense of violence or a sexually oriented
offense, whichever of the following is later, provided the individual
was not convicted of, found guilty pursuant to a judicial finding of
guilt of, and did not enter a plea of guilty to any other offense
during the applicable period:

(i)
Ten years from the date of conviction, judicial finding of guilt, or
plea of guilty;

(ii)
Ten years from the date of the release from incarceration;

(iii)
The time period specified in division (D)(4) of this section.

(c)
For a conviction of, judicial finding of guilt of, or plea of guilty
to a disqualifying offense that is an offense of violence or a
sexually oriented offense, any time.

(3)
If an individual is subject to a community control sanction, parole,
or post-release control sanction based on a conviction of, judicial
finding of guilt of, or plea of guilty to a disqualifying offense
included in the list established under division (B) of this section
that is not an offense of violence or a sexually oriented offense, a
licensing authority may take the offense into account during the
following time periods:

(a)
If the community control sanction, parole, or post-release control
sanction was for a term of less than five years, the period of the
community control sanction, parole, or post-release control sanction
plus the number of years after the date of final discharge of the
community control sanction, parole, or post-release control sanction
necessary to equal five years;

(b)
If the community control sanction, parole, or post-release control
sanction was for a term of five years or more, the period of the
community control sanction, parole, or post-release control sanction.

(4)
If an individual is subject to a community control sanction, parole,
or post-release control sanction based on a conviction of, judicial
finding of guilt of, or plea of guilty to a disqualifying offense
included in the list established under division (B) of this section
that involved a breach of fiduciary duty and that is not an offense
of violence or a sexually oriented offense, a licensing authority may
take the offense into account during the following time periods:

(a)
If the community control sanction, parole, or post-release control
sanction was for a term of less than ten years, for the period of the
community control sanction, parole, or post-release control sanction
plus the number of years after the date of final discharge of the
community control sanction, parole, or post-release control sanction
necessary to equal ten years;

(b)
If the community control sanction, parole, or post-release control
sanction was for a term of ten years or more, the period of the
community control sanction, parole, or post-release control sanction.

(E)
If a licensing authority refuses to issue an initial license to an
individual pursuant to division (D) of this section, the licensing
authority shall notify the individual in writing of all of the
following:

(1)
The grounds and reasons for the refusal, including an explanation of
the licensing authority's application of the factors under division
(D) of this section to the evidence the licensing authority used to
reach the decision;

(2)
The individual's right to a hearing regarding the licensing
authority's decision under section 119.06 of the Revised Code;

(3)
The earliest date the individual may reapply for a license;

(4)
Notice that evidence of rehabilitation may be considered on
reapplication.

(F)
In an administrative hearing or civil action reviewing a licensing
authority's refusal under divisions (B) to
(K)
(J)

of this section to issue an initial license to an individual, the
licensing authority has the burden of proof on the question of
whether the individual's conviction of, judicial finding of guilt of,
or plea of guilty to an offense directly relates to the licensed
occupation.

(G)
A licensing authority that is authorized by law to limit or otherwise
place restrictions on a license may do so to comply with the terms
and conditions of a community control sanction, post-release control
sanction, or an intervention plan established in accordance with
section 2951.041 of the Revised Code.

(H)

Each
licensing authority shall adopt any rules that it determines are
necessary to implement divisions (B) to (F) of this section.

(I)

Divisions
(B) to
(K)
(J)

of this section do not apply to any of the following:

(1)
Any position for which appointment requires compliance with section
109.77 of the Revised Code or in which an individual may satisfy the
requirements for appointment or election by complying with that
section;

(2)
Any position for which federal law requires disqualification from
licensure or employment based on a conviction of, judicial finding of
guilt of, or plea of guilty to an offense;

(3)
Community-based long-term care services certificates and
community-based long-term care services contracts or grants issued
under section 173.381 of the Revised Code;

(4)
Certifications of a provider to provide community-based long-term
care services under section 173.391 of the Revised Code;

(5)
Certificates of authority to a health insuring corporation issued
under section 1751.05 of the Revised Code;

(6)
Licenses to operate a home or residential care facility issued under
section 3721.07 of the Revised Code;

(7)
Certificates of authority to make contracts of indemnity issued under
section 3931.10 of the Revised Code;

(8)
Supported living certificates issued under section 5123.161 of the
Revised Code;

(9)
Certificates to administer medications and perform health-related
activities under section 5123.45 of the Revised Code.

(J)
(I)

Nothing in divisions (B) to
(K)
(J)

of this section prohibits a licensing authority from considering
either of the following when making a determination whether to issue
a license to an individual:

(1)
Past disciplinary action taken by the licensing authority against the
individual;

(2)
Past disciplinary action taken against the individual by an authority
in another state that issues a license that is substantially similar
to the license for which the individual applies.

(K)
(J)

Notwithstanding any provision of the Revised Code to the contrary, if
a licensing authority issues a license to an individual after
considering a conviction of, judicial finding of guilt of, or plea of
guilty to an offense under division (D) of this section, the
licensing authority shall not refuse to renew the individual's
license based on that conviction, judicial finding of guilt, or plea
of guilty.

(L)(1)
(K)(1)

Notwithstanding any provision of the Revised Code to the contrary,
subject to division (G) of this section, during the period commencing
on
the
effective date of this amendment
April
4, 2023,
and
ending on

the date that is two years after the effective date of this amendment

April 4, 2025,
no
licensing authority shall refuse to issue a license to a person,
limit or otherwise place restrictions on a person's license, or
suspend or revoke a person's license under any provision of the
Revised Code that takes effect on or after
the
effective date of this amendment
April
4, 2023,
and
prior to
the
date that is two years after the effective date of this amendment

April
4, 2025,
and
that requires or authorizes such a refusal, limitation, restriction,
suspension, or revocation as a result of the person's conviction of,
judicial finding of guilt of, or plea of guilty to an offense.

(2)
Divisions (B) to (F), and (H) to
(K)
(J)
,
of this section do not apply with respect to any provision of the
Revised Code that takes effect on or after
the
effective date of this amendment
April
4, 2023,
and
prior to
the
date that is two years after the effective date of this amendment

April
4, 2025,
and
that requires or authorizes a licensing authority to refuse to issue
a license to a person, to limit or otherwise place restrictions on a
person's license, or to suspend or revoke a person's license as a
result of the person's conviction of, judicial finding of guilt of,
or plea of guilty to an offense.

Sec.
9.821.
(A)
The department of administrative services shall direct and manage for
state agencies all risk management and insurance programs authorized
under section 9.822 of the Revised Code.

(B)
The office of risk management is hereby established within the
department of administrative services. The director of administrative
services, or a deputy director appointed by the director, shall
control and supervise the office.

(C)
The office may take any of the following actions that it determines
to be in the best interests of the state:

(1)
Provide all insurance coverages for the state, including, but not
limited to, vehicle liability, casualty, property, public liability,
and fidelity bonding. The cost of insurance coverage shall be paid
from appropriations made to the state agencies that the office has
designated to receive the coverage.

(2)
Provide coverage of legal expenses that are necessary and related to
the legal defense of claims against the state;

(3)
Purchase insurance policies consistent with sections 125.01 to
125.111 of the Revised Code, develop and administer self-insurance
programs, or do both;

(4)
Consolidate and combine state insurance coverages;

(5)
Provide technical services in risk management and insurance to state
agencies
;

(6)
Adopt and publish, in accordance with section 111.15 of the Revised
Code, necessary rules and procedures governing the administration of
the state's insurance and risk management activities
.

(D)
No state agency, except a state agency exempted under section 125.02
or 125.04 of the Revised Code from the department's purchasing
authority, shall purchase any insurance described in this section
except as authorized by the department, when the office of risk
management determines that the purchase is in the best interest of
the state pursuant to division (C)(1) of this section, and in
accordance with terms, conditions, and procurement methods
established by the department.

(E)
With respect to any civil action, demand, or claim against the state
that could be filed in the court of claims, nothing in sections 9.82
to 9.823 of the Revised Code shall be interpreted to permit the
settlement or compromise of those civil actions, demands, or claims,
except in the manner provided in Chapter 2743. of the Revised Code.

(F)
The department of administrative services and the office of risk
management, while acting pursuant to the responsibilities prescribed
in sections 9.82 to 9.83 of the Revised Code, are performing a public
duty, as defined in section 2743.01 of the Revised Code.

(G)
The office of the attorney general or counsel appointed by the office
of the attorney general, including any legal representatives thereof,
shall provide and share communications and documents that are made
for the purpose of seeking or providing legal advice or counsel in
connection with actual or potential litigation, liability claims,
contract disputes, risk management issues, and other matters
involving the programs of the office of risk management with the
office. All such communications and documents shared between the
office, a state agency, and the office of the attorney general or
counsel appointed by the office of the attorney general, including
any legal representatives thereof, are privileged and confidential.

Sec.
101.15.
(A)
As used in this section:

(1)
"Caucus" means all of the members of either house of the
general assembly who are members of the same political party.

(2)
"Committee" means any committee of either house of the
general assembly, a joint committee of both houses of the general
assembly, including a committee of conference, or a subcommittee of
any committee listed in division (A)(2) of this section.

(3)
"Meeting" means any prearranged discussion of the public
business of a committee by a majority of its members.

(B)
Except as otherwise provided in division (F) of this section, all
meetings of any committee are declared to be public meetings open to
the public at all times. The secretary assigned to the chairperson of
the committee shall prepare, file, and maintain the minutes of every
regular or special meeting of a committee. The committee, at its next
regular or special meeting, shall approve the minutes prepared,
filed, and maintained by the secretary, or, if the minutes prepared,
filed, and maintained by the secretary require correction before
their approval, the committee shall correct and approve the minutes
at the next following regular or special meeting. The committee shall
make the minutes available for public inspection not later than seven
days after the meeting the minutes reflect or not later than the
committee's next regular or special meeting, whichever occurs first.

(C)
Each committee shall establish a reasonable method whereby any person
may determine the time and place of all regularly scheduled meetings
and the time, place, and purpose of all special meetings. No
committee shall hold a regular or special meeting unless it gives at
least twenty-four hours' advance notice to the news media that have
requested notification.

The
method established by each committee shall provide that, upon request
and payment of a reasonable fee, any person may obtain reasonable
advance notification of all meetings at which any specific type of
public business will be discussed. Provisions for advance
notification may include, but are not limited to, mailing the agenda
of meetings to all subscribers on a mailing list or mailing notices
in self-addressed stamped envelopes provided by the person who
desires advance notification.

(D)
Any action of a committee relating to a bill or resolution, or any
other formal action of a committee, is invalid unless taken in an
open meeting of the committee. Any action of a committee relating to
a bill or resolution, or any other formal action of a committee,
taken in an open meeting is invalid if it results from deliberations
in a meeting not open to the public.

(E)(1)
Any person may bring an action to enforce this section. An action
under this division shall be brought within two years after the date
of the alleged violation or threatened violation. Upon proof of a
violation or threatened violation of this section in an action
brought by any person, the court of common pleas shall issue an
injunction to compel the members of the committee to comply with its
provisions.

(2)(a)
If the court of common pleas issues an injunction under division
(E)(1) of this section, the court shall order the committee that it
enjoins to pay a civil forfeiture of five hundred dollars to the
party that sought the injunction and shall award to that party all
court costs and, subject to reduction as described in this division,
reasonable attorney's fees. The court, in its discretion, may reduce
an award of attorney's fees to the party that sought the injunction
or not award attorney's fees to that party if the court determines
both of the following:

(i)
That, based on the ordinary application of statutory law and case law
as it existed at the time of the violation or threatened violation
that was the basis of the injunction, a well-informed committee
reasonably would believe that the committee was not violating or
threatening to violate this section;

(ii)
That a well-informed committee reasonably would believe that the
conduct or threatened conduct that was the basis of the injunction
would serve the public policy that underlies the authority that is
asserted as permitting that conduct or threatened conduct.

(b)
If the court of common pleas does not issue an injunction under
division (E)(1) of this section and the court determines at that time
that the bringing of the action was frivolous conduct as defined in
division (A) of section 2323.51 of the Revised Code, the court shall
award to the committee all court costs and reasonable attorney's
fees, as determined by the court.

(3)
Irreparable harm and prejudice to the party that sought the
injunction shall be conclusively and irrebuttably presumed upon proof
of a violation or threatened violation of this section.

(4)
A member of a committee who knowingly violates an injunction issued
under division (E)(1) of this section may be removed from office by
an action brought in the court of common pleas for that purpose by
the prosecuting attorney of Franklin county or by the attorney
general.

(5)
The remedies described in divisions (E)(1) to (4) of this section
shall be the exclusive remedies for a violation of this section.

(F)
This section does not apply to or affect either of the following:

(1)
All meetings of the joint legislative ethics committee created under
section 101.34 of the Revised Code other than a meeting that is held
for any of the following purposes:

(a)
To consider the adoption, amendment, or recission of any rule that
the joint legislative ethics committee is authorized to adopt
pursuant to
division
(B)(11) of section 101.34, division (E) of section 101.78,
division
(B) of section 102.02
,
or division (E) of section 121.68

of the Revised Code;

(b)
To discuss and consider changes to any administrative operation of
the joint legislative ethics committee other than any matter
described in division (G) of section 121.22 of the Revised Code;

(c)
To discuss pending or proposed legislation.

(2)
Meetings of a caucus.

(G)
For purposes of division (F)(1)(a) of this section, an advisory
opinion, written opinion, or decision relative to a complaint is not
a rule.

Sec.
101.34.
(A)
There is hereby created a joint legislative ethics committee to serve
the general assembly. The committee shall be composed of twelve
members, six each from the two major political parties, and each
member shall serve on the committee during the member's term as a
member of that general assembly. Six members of the committee shall
be members of the house of representatives appointed by the speaker
of the house of representatives, not more than three from the same
political party, and six members of the committee shall be members of
the senate appointed by the president of the senate, not more than
three from the same political party. A vacancy in the committee shall
be filled for the unexpired term in the same manner as an original
appointment. The members of the committee shall be appointed within
forty-five days after the first day of the first regular session of
each general assembly and the committee shall meet and proceed to
recommend an ethics code not later than sixty days after the first
day of the first regular session of each general assembly.

In
the first regular session of each general assembly, the speaker of
the house of representatives shall appoint the chairperson of the
committee from among the house members of the committee, and the
president of the senate shall appoint the vice-chairperson of the
committee from among the senate members of the committee. In the
second regular session of each general assembly, the president of the
senate shall appoint the chairperson of the committee from among the
senate members of the committee, and the speaker of the house of
representatives shall appoint the vice-chairperson of the committee
from among the house members of the committee. The chairperson,
vice-chairperson, and members of the committee shall serve until
their respective successors are appointed or until they are no longer
members of the general assembly.

The
committee shall meet at the call of the chairperson or upon the
written request of seven members of the committee.

(B)
The joint legislative ethics committee:

(1)
Shall recommend a code of ethics that is consistent with law to
govern all members and employees of each house of the general
assembly and all candidates for the office of member of each house;

(2)
May receive and hear any complaint that alleges a breach of any
privilege of either house, or misconduct of any member, employee, or
candidate, or any violation of the appropriate code of ethics;

(3)
May obtain information with respect to any complaint filed pursuant
to this section and to that end may enforce the attendance and
testimony of witnesses, and the production of books and papers;

(4)
May recommend whatever sanction is appropriate with respect to a
particular member, employee, or candidate as will best maintain in
the minds of the public a good opinion of the conduct and character
of members and employees of the general assembly;

(5)
May recommend legislation to the general assembly relating to the
conduct and ethics of members and employees of and candidates for the
general assembly;

(6)
Shall employ an executive director for the committee and may employ
other staff as the committee determines necessary to assist it in
exercising its powers and duties. The executive director and staff of
the committee shall be known as the office of legislative inspector
general. At least one member of the staff of the committee shall be
an attorney at law licensed to practice law in this state. The
appointment and removal of the executive director shall require the
approval of at least eight members of the committee.

(7)
May employ a special counsel to assist the committee in exercising
its powers and duties. The appointment and removal of a special
counsel shall require the approval of at least eight members of the
committee.

(8)
Shall act as an advisory body to the general assembly and to
individual members, candidates, and employees on questions relating
to ethics, possible conflicts of interest, and financial disclosure;

(9)
Shall provide for the proper forms on which a statement required
pursuant to section 102.02 or 102.021 of the Revised Code shall be
filed and instructions as to the filing of the statement;

(10)
May exercise the powers and duties prescribed under sections 101.70
to 101.79, sections 101.90 to 101.98, Chapter 102., and sections
121.60 to 121.69 of the Revised Code
;

(11)
May adopt, in accordance with section 111.15 of the Revised Code, any
rules that are necessary to implement and clarify Chapter 102. and
sections 2921.42 and 2921.43 of the Revised Code
.

(C)
There is hereby created in the state treasury the joint legislative
ethics committee fund. All money collected from registration fees and
late filing fees prescribed under sections 101.72, 101.92, and 121.62
of the Revised Code shall be deposited into the state treasury to the
credit of the fund. Money credited to the fund and any interest and
earnings from the fund shall be used solely for the operation of the
joint legislative ethics committee and the office of legislative
inspector general and for the purchase of data storage and
computerization facilities for the statements filed with the
committee under sections 101.73, 101.74, 101.93, 101.94, 121.63, and
121.64 of the Revised Code.

(D)
The chairperson of the joint legislative ethics committee shall issue
a written report, not later than the thirty-first day of January of
each year, to the speaker and minority leader of the house of
representatives and to the president and minority leader of the
senate that lists the number of committee meetings and investigations
the committee conducted during the immediately preceding calendar
year and the number of advisory opinions it issued during the
immediately preceding calendar year.

(E)
Any investigative report that contains facts and findings regarding a
complaint filed with the joint legislative ethics committee and that
is prepared by the staff of the committee or a special counsel to the
committee shall become a public record upon its acceptance by a vote
of the majority of the members of the committee, except for any names
of specific individuals and entities contained in the report. If the
committee recommends disciplinary action or reports its findings to
the appropriate prosecuting authority for proceedings in prosecution
of the violations alleged in the complaint, the investigatory report
regarding the complaint shall become a public record in its entirety.

(F)(1)
Any file obtained by or in the possession of the former house ethics
committee or former senate ethics committee shall become the property
of the joint legislative ethics committee. Any such file is
confidential if either of the following applies:

(a)
It is confidential under section 102.06 of the Revised Code or the
legislative code of ethics.

(b)
If the file was obtained from the former house ethics committee or
from the former senate ethics committee, it was confidential under
any statute or any provision of a code of ethics that governed the
file.

(2)
As used in this division, "file" includes, but is not
limited to, evidence, documentation, or any other tangible thing.

(G)
There is hereby created in the state treasury the joint legislative
ethics committee investigative and financial disclosure fund.
Investment earnings of the fund shall be credited to the fund. All
moneys credited to the fund shall be used solely for expenses related
to the investigative and financial disclosure functions of the
committee.

Sec.
101.78.
(A)
The joint legislative ethics committee shall keep on file the
statements required by sections 101.72, 101.73, and 101.74 of the
Revised Code. Those statements are public records and open to public
inspection, and the joint committee shall computerize them so that
the information contained in them is readily accessible to the
general public. The joint committee shall provide copies of the
statements to the general public upon request and may charge a
reasonable fee not to exceed the cost of copying and delivering each
statement.

(B)
The joint committee shall prescribe and make available an appropriate
form for filing the information required by sections 101.72, 101.73,
and 101.74 of the Revised Code. The form shall contain the following
notice in boldface type: "ANY PERSON WHO KNOWINGLY FILES A FALSE
STATEMENT IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE
REVISED CODE, WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."

(C)
The joint committee shall publish a handbook that explains in clear
and concise language sections 101.70 to 101.79 and 101.99 of the
Revised Code and make it available free of charge to members of the
general assembly, legislative agents, employers, and any other
interested persons.

(D)
Not later than the last day of February and October of each year, the
joint committee shall compile from registration statements filed with
it a complete and updated list of registered legislative agents and
their employers and distribute the list to each member of the general
assembly, each member of the controlling board who is not a member of
the general assembly, and the governor. The joint committee shall
provide copies of the list to the general public upon request and may
charge a reasonable fee not to exceed the cost of copying and
delivering the list.

(E)
The joint committee may adopt rules as necessary to implement
sections 101.70 to 101.79 of the Revised Code, and any such rules it
adopts shall be adopted in accordance with section 111.15 of the
Revised Code.

Sec.
101.98.
(A)
The joint legislative ethics committee shall keep on file the
statements required by sections 101.92, 101.93, and 101.94 of the
Revised Code. These statements are public records and open to public
inspection, and the joint committee shall computerize them so that
the information contained in them is readily accessible to the
general public. The joint committee shall provide copies of the
statements to the general public on request and may charge a
reasonable fee not to exceed the cost of copying and delivering the
statement.

(B)
Not later than the last day of February and October of each year, the
joint committee shall compile from the registration statements filed
with it a complete and updated list of registered retirement system
lobbyists and their employers, and distribute the list to each member
of the general assembly, elected executive official, and the director
of each retirement system, who shall distribute the list to the
appropriate personnel under the director's jurisdiction. The joint
committee shall provide copies of the list to the general public on
request and may charge a reasonable fee not to exceed the cost of
copying and delivering the list.

(C)
The joint committee shall prescribe and make available an appropriate
form for the filings required by sections 101.92, 101.93, and 101.94
of the Revised Code. The form shall contain the following notice in
boldface type: "ANY PERSON WHO KNOWINGLY FILES A FALSE STATEMENT
IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE,
WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."

(D)

The joint committee may adopt rules as necessary to implement
sections 101.90 to 101.98 of the Revised Code. The rules shall be
adopted in accordance with section 111.15 of the Revised Code.

(E)

The
joint committee shall publish a handbook that explains in clear and
concise language the provisions of sections 101.90 to 101.98 of the
Revised Code and make it available free of charge to retirement
system lobbyists, employers, and any other interested persons.

Sec.
102.05.
There
is hereby created the Ohio ethics commission consisting of six
members, three of whom shall be members of each of the two major
political parties, to be appointed by the governor with the advice
and consent of the senate. Within thirty days of
the
effective date of this section
January
1, 1974
,
the governor shall make initial appointments to the commission. Of
the initial appointments made to the commission, one shall be for a
term ending one year after
the
effective date of this section
January
1, 1974
,
and the other appointments shall be for terms ending two, three,
four, five, and six years, respectively, after
the
effective date of this section
January
1, 1974
.
Thereafter, terms of office shall be for six years, each term ending
on the same day of the same month of the year as did the term that it
succeeds. Each member shall hold office from the date of
his

appointment
until the end of the term for which
he
the
member

was appointed. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which
his
the
member's

predecessor was appointed shall hold office for the remainder of that
term.

No
person shall be appointed to the commission or shall continue to
serve as a member of the commission if the person is subject to
section 102.02 of the Revised Code other than by reason of
his

appointment
to the commission or if the person is a legislative agent registered
under sections 101.70 to 101.79 of the Revised Code or an executive
agency lobbyist registered under sections 121.60 to 121.69 of the
Revised Code. Each member shall be paid seventy-five dollars for each
meeting held in the discharge of
his

official
duties, except that no member shall be paid more than eighteen
hundred dollars in any fiscal year. Each member shall be reimbursed
for expenses actually and necessarily incurred in the performance of

his

official
duties.

The
commission shall meet within two weeks after all members have been
appointed, at a time and place determined by the governor. At its
first meeting, the commission shall elect a
chairman

chairperson

and
other officers that are necessary

and shall adopt rules for its procedures
.
After the first meeting, the commission shall meet at the call of the

chairman
chairperson

or upon the written request of a majority of the members. A majority
of the members of the commission constitutes a quorum. The commission
shall not take any action without the concurrence of a majority of
the members of the commission.

The
commission may appoint and fix the compensation of an executive
director and other technical, professional, and clerical employees
that are necessary to carry out the duties of the commission.

The
commission may appoint hearing examiners to conduct hearings pursuant
to section 102.06 of the Revised Code. The hearing examiners have the
same powers and authority in conducting the hearings as is granted to
the commission. Within thirty days after the hearing, the hearing
examiner shall submit to the commission a written report of
his
the
hearing examiner's

findings of fact and conclusions of law and a recommendation of the
action to be taken by the commission. The recommendation of the
hearing examiner may be approved, modified, or disapproved by the
commission, and no recommendation shall become the findings of the
commission until so ordered by the commission. The findings of the
commission shall have the same effect as if the hearing had been
conducted by the commission. Hearing examiners appointed pursuant to
this section shall possess the qualifications the commission
requires. Nothing contained in this section shall preclude the
commission from appointing a member of the commission to serve as a
hearing examiner.

Sec.
103.0511.
The
director of the legislative service commission shall establish and
maintain, and enhance and improve, an electronic rule-filing system
connecting:

(A)
The legislative service commission, the joint committee on agency
rule review, and the secretary of state;

(B)
The governor, the senate and house of representatives, and the clerks
of the senate and house of representatives;

(C)
Each agency that files rules and other rule-making and rule-related
documents with the legislative service commission, the joint
committee on agency rule review, the department of aging, the
governor, the secretary of state, the general assembly, or a
committee of the senate or house of representatives under section
106.02, 106.022, 106.024, 106.031, 107.54, 111.15, 117.20, 119.03,
119.0311, 119.04, 121.39, 121.82,
or

173.01
,
or 5117.02

of the Revised Code or any other statute;

(D)
The several publishers of the Administrative Code;

(E)
The common sense initiative office; and

(F)
Any other person or governmental officer or entity whose inclusion in
the system is required for the system to be a complete electronic
rule-filing system.

The
electronic rule-filing system is to enable rules and rule-making and
rule-related documents to be filed, and official responses to these
filings to be made, exclusively by electronic means.

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

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

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

(3)
Four members appointed by the governor, with the advice and consent
of the senate, not more than three of whom shall be members of the
same political party, one of whom shall be the chief of staff of the
governor's office, one of whom shall represent the Ohio arts council,
one of whom shall represent the Ohio history connection, and one of
whom shall represent the public at large;

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

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

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

(B)
All appointed members of the board serve at the pleasure of the
appointing authority and may be discharged from the board, by the
appointing authority, without cause. Terms of office of each member
appointed under divisions (A)(3), (4), and (5) of this section shall
be for three years unless discharged by the appointing authority
before the end of the term. Members of the general assembly appointed
to the board may be members of the board only so long as they are
members of the general assembly and the chief of staff of the
governor's office may be a member of the board only so long as the
appointing governor remains in office. In case of a vacancy occurring
on the board, the president of the senate, the speaker of the house
of representatives, or the governor, as the case may be, shall in the
same manner prescribed for the regular appointment to the commission,
fill the vacancy by appointing a member. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for which the
member's predecessor was appointed shall hold office for the
remainder of the term. Any appointed member may be reappointed,
provided the member continues to meet all other eligibility
requirements.

(C)
The board shall hold meetings in a manner and at times prescribed by
the rules adopted by the board. A majority of the board constitutes a
quorum, and no action shall be taken by the board unless approved by
at least six members or by at least seven members if a person is
appointed under division (A)(4) or (5) of this section. At its first
meeting, the board shall adopt rules for the conduct of its business
and the election of its officers, and shall organize by selecting
officers other than a chairperson as it considers necessary. In
odd-numbered years, the majority member from the senate shall serve
as chairperson; in even-numbered years, the majority member from the
house of representatives shall serve as chairperson. Board members
shall serve without compensation but shall be reimbursed for actual
and necessary expenses incurred in the performance of their duties.

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

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

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

(3)
Enter into an indefinite delivery indefinite quantity contract, under
section 153.013 of the Revised Code, for an architect or engineer;

(4)

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

(5)

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

(6)
(5)

Purchase a warehouse in which to store items of the capitol
collection trust and, whenever necessary, equipment or other property
of the board.

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

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

(2)
Operate the capitol square, and have sole authority to regulate all
uses of the capitol square. The uses shall include, but not be
limited to, the casual and recreational use of the capitol square.

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

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

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

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

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

(F)(1)
The board shall lease capital facilities improved by the department
of administrative services or financed by the treasurer of state
pursuant to Chapter 154. of the Revised Code for the use of the
board, and may enter into any other agreements with the department,
the Ohio public facilities commission, or any other authorized
governmental agency ancillary to improvement, financing, or leasing
of those capital facilities, including, but not limited to, any
agreement required by the applicable bond proceedings authorized by
Chapter 154. of the Revised Code. Any lease of capital facilities
authorized by this section shall be governed by Chapter 154. of the
Revised Code.

(2)
Fees, receipts, and revenues received by the board from the state
underground parking garage constitute available receipts as defined
in section 154.24 of the Revised Code, and may be pledged to the
payment of bond service charges on obligations issued by the
treasurer of state pursuant to Chapter 154. of the Revised Code to
improve, finance, or purchase capital facilities useful to the board.
The treasurer of state may, with the consent of the board, provide in
the bond proceedings for a pledge of all or a portion of those fees,
receipts, and revenues as the treasurer of state determines. The
treasurer of state may provide in the bond proceedings or by separate
agreement with the board for the transfer of those fees, receipts,
and revenues to the appropriate bond service fund or bond service
reserve fund as required to pay the bond service charges when due,
and any such provision for the transfer of those fees, receipts, and
revenues shall be controlling notwithstanding any other provision of
law pertaining to those fees, receipts, and revenues.

(3)
All moneys received by the treasurer of state on account of the board
and required by the applicable bond proceedings or by separate
agreement with the board to be deposited, transferred, or credited to
the bond service fund or bond service reserve fund established by the
bond proceedings shall be transferred by the treasurer of state to
such fund, whether or not it is in the custody of the treasurer of
state, without necessity for further appropriation.

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

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

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

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

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

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

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

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

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

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

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

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

Sec.
107.56.
(A)
As used in this section, "board or commission" means any of
the following:

(1)
The accountancy board;

(2)
The architects board;

(3)
The state cosmetology and barber board;

(4)
The board of embalmers and funeral directors;

(5)
The board of executives of long-term services and supports;

(6)
The crematory review board;

(7)
The motor vehicle dealers board;

(8)
The motor vehicle repair board;

(9)
The motor vehicle salvage dealer's licensing board;

(10)
The Ohio athletic commission;

(11)
The Ohio construction industry licensing board;

(12)
The Ohio landscape architects board;

(13)
The Ohio real estate commission;

(14)
The real estate appraiser board;

(15)
The state auctioneers commission;

(16)
The state speech and hearing professionals board;

(17)
The state board of education;

(18)
The state board of emergency medical, fire, and transportation
services;

(19)
The board of nursing;

(20)
The state board of pharmacy;

(21)
The state board of registration for professional engineers and
surveyors;

(22)
The state board of psychology;

(23)
The state chiropractic board;

(24)
The state dental board;

(25)
The state medical board;

(26)
The state veterinary medical licensing board;

(27)
The state vision professionals board;

(28)
The counselor, social worker, and marriage and family therapist
board;

(29)
The chemical dependency professionals board;

(30)
The Ohio occupational therapy, physical therapy, and athletic
trainers board;

(31)
Any other multi-member body created under state law that licenses or
otherwise regulates an occupation or industry to which one or more
members of the body belongs.

(B)
The common sense initiative office shall review an action taken or
proposed by a board or commission that is subject to review under
this section and that is referred to the office pursuant to division
(C) of this section.

(1)
The following actions are subject to review under this section:

(a)
Any action that directly or indirectly has an effect of any of the
following:

(i)
Fixing prices, limiting price competition, or increasing prices in
this state for the goods or services that are provided by the
occupation or industry regulated by the board or commission;

(ii)
Dividing, allocating, or assigning customers, potential customers, or
geographic markets in this state among members of the occupation or
industry regulated by the board or commission;

(iii)
Excluding present or potential competitors from the occupation or
industry regulated by the board or commission;

(iv)
Limiting the output or supply in this state of any good or service
provided by the members of the occupation or industry regulated by
the board or commission.

(b)
Any other activity that could be subject to state or federal
antitrust law if the action were undertaken by a private person or
combination of private persons.

(2)
Except as provided in division (H) of this section, the following
actions are not subject to review under this section:

(a)
Denying an application to obtain a license because the applicant has
violated or has not complied with the Ohio Revised Code or the Ohio
Administrative Code;

(b)
Taking disciplinary action against an individual or corporation that
is licensed by a board or commission for violations of the Ohio
Revised Code or the Ohio Administrative Code.

(C)(1)
The following persons or entities may refer an action to the office
for review under this section:

(a)
A board or commission that has taken or is proposing to take an
action;

(b)
A person who is affected by an action taken by a board or commission
or is likely to be affected by an action proposed by a board or
commission;

(c)
A person who has been granted a stay pursuant to division (G) of this
section.

(2)
A board or commission or person who refers an action to the office
shall prepare a brief statement explaining the action and its
consistency or inconsistency with state or federal antitrust law and
file the statement with the office. If the action is in writing, the
board or commission or person shall attach a copy of it to the
statement. The person shall transmit a copy of the statement to the
board or commission.

(3)
The referral of an action by a board or commission for review by the
office does not constitute an admission that the action violates any
state or federal law.

(4)
A person who is affected by an action taken by a board or commission
or is likely to be affected by an action proposed by a board or
commission shall refer the action to the office for review within
thirty days after receiving notice of the action or proposed action.

(5)
If an ongoing action or an action proposed by a board or commission
is referred to the office for review under this section, the board or
commission shall cease the ongoing action or not take the proposed
action until the office has approved of the action pursuant to
division (E) of this section and prepared and transmitted the
memorandum required under division (F) of this section.

(D)
The office shall determine whether an action referred to the office
under this section is supported by, and consistent with, a clearly
articulated state policy as expressed in the statutes creating the
board or commission or the statutes and rules setting forth the
board's or commission's powers, authority, and duties. If the office
finds this to be the case, the office shall determine whether the
clearly articulated state policy is merely a pretext by which the
board or commission enables the members of an occupation or industry
the board or commission regulates to engage in anticompetitive
conduct that could be subject to state or federal antitrust law if
the action were taken by a private person or combination of private
persons.

(E)
After making the determinations required under division (D) of this
section, the office shall take one of the following actions:

(1)
Approve the board or commission action if the office determines that
the action is pursuant to a clearly articulated state policy and that
the policy is not a pretext as described in division (D) of this
section. If the office approves the board's or commission's action,
the board or commission may proceed to take or may continue the
action.

(2)
Disapprove the board or commission action if the office determines
that the action is not pursuant to a clearly articulated state policy
or that if it is pursuant to a clearly articulated state policy, that
policy is a pretext as described in division (D) of this section. If
the office disapproves the board's or commission's action, the action
is void.

(F)
The office shall prepare a memorandum that explains the office's
approval or disapproval. The office shall transmit a copy of the
memorandum to the person and the board or commission or to the board
or commission if only the board or commission is involved. The office
shall post the memorandum on the web site maintained by the office.

(G)(1)
A person having standing to commence and prosecute a state or federal
antitrust action against a board or commission shall exhaust the
remedies provided by this section before commencing such an action.
This division shall not apply to the attorney general, a county
prosecuting attorney, or any assistant prosecutor designated to
assist a county prosecuting attorney.

(2)
The state, a board or commission, or a member of a board or
commission in the member's official capacity, may request a stay of
any lawsuit alleging that a board or commission engaged in
anticompetitive conduct by taking an action described in division
(B)(1) or (2) of this section that has not been previously reviewed
by the office under this section. If the lawsuit was initiated by a
person other than the attorney general, a county prosecuting
attorney, or any assistant prosecutor designated to assist a county
prosecuting attorney, the court shall grant the request. If the
lawsuit was initiated by the attorney general, a county prosecuting
attorney, or any assistant prosecutor designated to assist a county
prosecuting attorney, the court shall deny the request. Any stay
granted under this division will continue in effect until the office
has prepared and transmitted the memorandum required under division
(F) of this section.

(H)
The office shall review any action referred to the office by a party
who has been granted a stay pursuant to division (G) of this section.

(I)
Notwithstanding any provision of this section to the contrary, an
action taken by a board or commission is not subject to review under
this section if the members of the board or commission who are
members of the occupation or industry affected by the action are
prohibited by statute from hearing, considering, deciding, or
otherwise participating in the action.

(J)
The office shall adopt rules under Chapter 119. of the Revised Code
that are necessary for the implementation and administration of this
section.

Sec.
109.08.
The
attorney general may appoint and authorize special counsel to
represent the state and any political subdivision in connection with
all claims of whatsoever nature which are certified to the attorney
general for collection under any law or which the attorney general is
authorized to collect.

Such
special counsel shall be paid for their services from funds collected
by them in an amount approved by the attorney general. In addition to
the amount certified, the amounts paid to special counsel may be
assessed as collection costs consistent with section 131.02 of the
Revised Code and shall be fully recoverable from the party indebted.
The amounts assessed as collection costs under this section are in
addition to any amounts authorized under section 109.081 of the
Revised Code.

The
attorney general is authorized to provide to the special counsel the
official letterhead stationery of the attorney general. The attorney
general may authorize the special counsel to use the letterhead
stationery, but only in connection with the collection of such claims
arising out of amounts certified by the state and political
subdivisions.

The
attorney general may adopt rules under Chapter 119. of the Revised
Code as necessary for the implementation of this section and section
109.081 of the Revised Code.

Sec.
109.36.
As
used in this section and sections 109.361 to
109.366
109.365

of the Revised Code:

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

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

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

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

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

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

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

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

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

Sec.
109.361.
Upon
the receipt of a written request by any officer or employee, the
attorney general, except as provided in section 109.362 of the
Revised Code, except under the circumstances described in division
(E) of section 120.06 of the Revised Code, and except for civil
actions in which the state is the plaintiff, shall represent and
defend the officer or employee in any civil action instituted against
the officer or employee. All expenses and court costs, including the
reasonable compensation of special counsel, incurred by the attorney
general in the defense of an officer or employee shall be paid by the
employer that employed the officer or employee at the time the
alleged act or omission occurred.

The
defense of the officer or employee may be rendered by the attorney
general, an assistant attorney general, or any special counsel
appointed by the attorney general, who, in addition to providing the
defense of the officer or employee, may file counterclaims and
cross-claims and engage in third-party practice on behalf of the
officer or employee. If the officer or employee recovers any money
pursuant to any counterclaim or cross-claim so filed, the officer or
employee, to the extent of the recovery on the counterclaim or
cross-claim, shall reimburse the attorney general for all expenses
and court costs, including the reasonable compensation of assistant
attorneys general and special counsel, incurred in bringing the
counterclaim or cross-claim. The officer or employee shall cooperate
fully with the attorney general's defense. Sections 109.36 to

109.366
109.365

of the Revised Code do not deprive any officer or employee of the
right to select counsel of
his
the
officer's or employee's

own choice or settle
his
the

case at
his
the
officer's or employee's

own expense at any time, and, except under the circumstances
described in division (E) of section 120.06 of the Revised Code, do
not prohibit the attorney general from entering
his
an

appearance in a case to protect the interest of the state even though
no request for the appearance has been made by the officer or
employee.

Sec.
109.541.
(A)
As used in this section:

(1)
"Investigator" means an officer or employee of the bureau
of criminal identification and investigation described in section
109.54 of the Revised Code.

(2)
"Peace officer" has the same meaning as in section 2935.01
of the Revised Code.

(B)
An investigator, while providing assistance to a law enforcement
officer pursuant to division (B) of section 109.54 of the Revised
Code, has the same arrest authority as a peace officer of the law
enforcement agency served by the law enforcement officer requesting
the assistance. The investigator may exercise this arrest authority
only in connection with the investigation or activities for which the
investigator's assistance was requested.

(C)(1)
No state official shall command, order, or direct an investigator to
perform any duty or service that is not authorized by law. The power
and duties conferred by this section on the bureau of criminal
identification and investigation are supplementary to, and in no way
a limitation on, the power and duties of sheriffs or other peace
officers of the state or a political subdivision of the state.

(2)
An investigator, pursuant to the policy established by the
superintendent of the bureau of criminal identification and
investigation under division (D)(1) of this section, may render
emergency assistance to any peace officer who has arrest authority
under section 2935.03 of the Revised Code if both of the following
apply:

(a)
There is a threat of imminent physical harm to the peace officer, a
threat of physical harm to another person, or any serious emergency
situation.

(b)
The peace officer requests emergency assistance, or it appears to the
investigator that the peace officer is unable to request emergency
assistance and that the circumstances reasonably indicate that
emergency assistance is appropriate.

(D)(1)
The superintendent of the bureau of criminal identification and
investigation, not later than sixty days after the effective date of
this section, shall establish a policy specifying the manner and
procedures by which an investigator may render emergency assistance
to a peace officer pursuant to division (C)(2) of this section.

(2)
An investigator who renders assistance to a law enforcement officer
pursuant to division (B) of section 109.54 of the Revised Code or
renders emergency assistance to any peace officer pursuant to
division (C)(2) of this section and under the policy established
under division (D)(1) of this section shall be considered to be
engaged in the investigator's regular employment for the purpose of
compensation, retirement benefits, indemnification rights, workers'
compensation, and any other rights or benefits to which the
investigator may be entitled incident to the investigator's regular
employment.

(3)
An investigator who renders emergency assistance to a peace officer
pursuant to division (C)(2) of this section and under the policy
established under division (D)(1) of this section has the same
authority as the peace officer to whom the assistance is rendered.

(4)
An investigator who renders emergency assistance to a peace officer
pursuant to division (C)(2) of this section and under the policy
established under division (D)(1) of this section retains personal
immunity from liability as described in sections 9.85 to 9.87 of the
Revised Code, the right to defense under sections 109.36 to

109.366
109.365

of the Revised Code, and the right to indemnification under section
9.87 of the Revised Code. This section does not affect the provisions
of section 2743.02 of the Revised Code that pertain to the
commencement of a civil action against a state officer or employee.

Sec.
109.57.
(A)(1)
The superintendent of the bureau of criminal identification and
investigation shall procure from wherever procurable and file for
record photographs, pictures, descriptions, fingerprints,
measurements, and other information that may be pertinent of all
persons who have been convicted of committing within this state a
felony, any crime constituting a misdemeanor on the first offense and
a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code, of all children under eighteen years of age who have
been adjudicated delinquent children for committing within this state
an act that would be a felony or an offense of violence if committed
by an adult or who have been convicted of or pleaded guilty to
committing within this state a felony or an offense of violence, and
of all well-known and habitual criminals. The person in charge of any
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution and the person in charge of any state
institution having custody of a person suspected of having committed
a felony, any crime constituting a misdemeanor on the first offense
and a felony on subsequent offenses, or any misdemeanor described in
division (A)(1)(a), (A)(4)(a), or (A)(6)(a) of section 109.572 of the
Revised Code or having custody of a child under eighteen years of age
with respect to whom there is probable cause to believe that the
child may have committed an act that would be a felony or an offense
of violence if committed by an adult shall furnish such material to
the superintendent of the bureau. Fingerprints, photographs, or other
descriptive information of a child who is under eighteen years of
age, has not been arrested or otherwise taken into custody for
committing an act that would be a felony or an offense of violence
who is not in any other category of child specified in this division,
if committed by an adult, has not been adjudicated a delinquent child
for committing an act that would be a felony or an offense of
violence if committed by an adult, has not been convicted of or
pleaded guilty to committing a felony or an offense of violence, and
is not a child with respect to whom there is probable cause to
believe that the child may have committed an act that would be a
felony or an offense of violence if committed by an adult shall not
be procured by the superintendent or furnished by any person in
charge of any county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution, except as authorized in section 2151.313 of
the Revised Code.

(2)
Every clerk of a court of record in this state, other than the
supreme court or a court of appeals, shall send to the superintendent
of the bureau a weekly report containing a summary of each case
involving a felony, involving any crime constituting a misdemeanor on
the first offense and a felony on subsequent offenses, involving a
misdemeanor described in division (A)(1)(a), (A)(4)(a), or (A)(6)(a)
of section 109.572 of the Revised Code, or involving an adjudication
in a case in which a child under eighteen years of age was alleged to
be a delinquent child for committing an act that would be a felony or
an offense of violence if committed by an adult. The clerk of the
court of common pleas shall include in the report and summary the
clerk sends under this division all information described in
divisions (A)(2)(a) to (f) of this section regarding a case before
the court of appeals that is served by that clerk. The summary shall
be written on the standard forms furnished by the superintendent
pursuant to division (B) of this section and shall include the
following information:

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

(b)
The style and number of the case;

(c)
The date of arrest, offense, summons, or arraignment;

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

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

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

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

(3)
The superintendent shall cooperate with and assist sheriffs, chiefs
of police, and other law enforcement officers in the establishment of
a complete system of criminal identification and in obtaining
fingerprints and other means of identification of all persons
arrested on a charge of a felony, any crime constituting a
misdemeanor on the first offense and a felony on subsequent offenses,
or a misdemeanor described in division (A)(1)(a), (A)(4)(a), or
(A)(6)(a) of section 109.572 of the Revised Code and of all children
under eighteen years of age arrested or otherwise taken into custody
for committing an act that would be a felony or an offense of
violence if committed by an adult. The superintendent also shall file
for record the fingerprint impressions of all persons confined in a
county, multicounty, municipal, municipal-county, or
multicounty-municipal jail or workhouse, community-based correctional
facility, halfway house, alternative residential facility, or state
correctional institution for the violation of state laws and of all
children under eighteen years of age who are confined in a county,
multicounty, municipal, municipal-county, or multicounty-municipal
jail or workhouse, community-based correctional facility, halfway
house, alternative residential facility, or state correctional
institution or in any facility for delinquent children for committing
an act that would be a felony or an offense of violence if committed
by an adult, and any other information that the superintendent may
receive from law enforcement officials of the state and its political
subdivisions.

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

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

(6)
The superintendent shall, upon request, assist a county coroner in
the identification of a deceased person through the use of
fingerprint impressions obtained pursuant to division (A)(1) of this
section or collected pursuant to section 109.572 or 311.41 of the
Revised Code.

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

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

(2)
The superintendent or the superintendent's designee shall gather
information of the nature described in division (C)(1) of this
section that pertains to the offense and delinquency history of a
person who has been convicted of, pleaded guilty to, or been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense for inclusion in the state
registry of sex offenders and child-victim offenders maintained
pursuant to division (A)(1) of section 2950.13 of the Revised Code
and in the internet database operated pursuant to division

(A)(13)
(A)(12)

of that section and for possible inclusion in the internet database
operated pursuant to division
(A)(11)
(A)(10)

of that section.

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

(4)
The Ohio law enforcement gateway shall contain the name, confidential
address, and telephone number of program participants in the address
confidentiality program established under sections 111.41 to 111.47
of the Revised Code.

(5)
The attorney general may adopt rules under Chapter 119. of the
Revised Code establishing guidelines for the operation of and
participation in the Ohio law enforcement gateway. The rules may
include criteria for granting and restricting access to information
gathered and disseminated through the Ohio law enforcement gateway.
The attorney general shall adopt rules under Chapter 119. of the
Revised Code that grant access to information in the gateway
regarding an address confidentiality program participant under
sections 111.41 to 111.47 of the Revised Code to only chiefs of
police, village marshals, county sheriffs, county prosecuting
attorneys, and a designee of each of these individuals. The attorney
general shall permit an office of a county coroner, the state medical
board, and board of nursing to access and view, but not alter,
information gathered and disseminated through the Ohio law
enforcement gateway.

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

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

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

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

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

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

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

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

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

(b)
The adjudication or conviction was for a sexually oriented offense,
the juvenile court was required to classify the child a juvenile
offender registrant for that offense under section 2152.82, 2152.83,
or 2152.86 of the Revised Code, that classification has not been
removed, and the records of the adjudication or conviction have not
been sealed or expunged pursuant to sections 2151.355 to 2151.358 or
sealed or expunged pursuant to section 2953.32 of the Revised Code.

(3)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to the arrest of a person who is eighteen years
of age or older when the person has not been convicted as a result of
that arrest if any of the following applies:

(a)
The arrest was made outside of this state.

(b)
A criminal action resulting from the arrest is pending, and the
superintendent confirms that the criminal action has not been
resolved at the time the criminal records check is performed.

(c)
The bureau cannot reasonably determine whether a criminal action
resulting from the arrest is pending, and not more than one year has
elapsed since the date of the arrest.

(4)
A rule adopted under division (E)(1) of this section may provide for
the release of information gathered pursuant to division (A) of this
section that relates to an adjudication of a child as a delinquent
child if not more than five years have elapsed since the date of the
adjudication, the adjudication was for an act that would have been a
felony if committed by an adult, the records of the adjudication have
not been sealed or expunged pursuant to sections 2151.355 to 2151.358
of the Revised Code, and the request for information is made under
division (F) of this section or under section 109.572 of the Revised
Code. In the case of an adjudication for a violation of the terms of
community control or supervised release, the five-year period shall
be calculated from the date of the adjudication to which the
community control or supervised release pertains.

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

(2)(a)
In addition to or in conjunction with any request that is required to
be made under section 109.572, 2151.86, 3301.32, 3301.541, division
(C) of section 3310.58, or section 3319.39, 3319.391, 3327.10,
3740.11, 5103.053, 5104.013, 5123.081, or 5153.111 of the Revised
Code or that is made under section 3314.41, 3319.392, 3326.25, or
3328.20 of the Revised Code, the board of education of any school
district; the director of developmental disabilities; any county
board of developmental disabilities; any provider or subcontractor as
defined in section 5123.081 of the Revised Code; the chief
administrator of any chartered nonpublic school; the chief
administrator of a registered private provider that is not also a
chartered nonpublic school; the chief administrator of any home
health agency; the chief administrator of or person operating any
child care center, type A family child care home, or type B family
child care home licensed under Chapter 5104. of the Revised Code; the
chief administrator of or person operating any authorized private
before and after school care program; the chief administrator of any
head start agency; the executive director of a public children
services agency; the operator of a residential facility, as defined
in section 2151.46 of the Revised Code; a private company described
in section 3314.41, 3319.392, 3326.25, or 3328.20 of the Revised
Code; or an employer described in division (J)(2) of section 3327.10
of the Revised Code may request that the superintendent of the bureau
investigate and determine, with respect to any individual who has
applied for employment in any position after October 2, 1989, or any
individual wishing to apply for employment with a board of education
may request, with regard to the individual, whether the bureau has
any information gathered under division (A) of this section that
pertains to that individual. On receipt of the request, subject to
division (E)(2) of this section, the superintendent shall determine
whether that information exists and, upon request of the person,
board, or entity requesting information, also shall request from the
federal bureau of investigation any criminal records it has
pertaining to that individual. The superintendent or the
superintendent's designee also may request criminal history records
from other states or the federal government pursuant to the national
crime prevention and privacy compact set forth in section 109.571 of
the Revised Code. Within thirty days of the date that the
superintendent receives a request, subject to division (E)(2) of this
section, the superintendent shall send to the board, entity, or
person a report of any information that the superintendent determines
exists, including information contained in records that have been
sealed under section 2953.32 of the Revised Code, and, within thirty
days of its receipt, subject to division (E)(2) of this section,
shall send the board, entity, or person a report of any information
received from the federal bureau of investigation, other than
information the dissemination of which is prohibited by federal law.

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

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

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

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

(G)
In addition to or in conjunction with any request that is required to
be made under section 3712.09, 3721.121, or 3740.11 of the Revised
Code with respect to an individual who has applied for employment in
a position that involves providing direct care to an older adult or
adult resident, the chief administrator of a home health agency,
hospice care program, home licensed under Chapter 3721. of the
Revised Code, or adult day-care program operated pursuant to rules
adopted under section 3721.04 of the Revised Code may request that
the superintendent of the bureau investigate and determine, with
respect to any individual who has applied after January 27, 1997, for
employment in a position that does not involve providing direct care
to an older adult or adult resident, whether the bureau has any
information gathered under division (A) of this section that pertains
to that individual.

In
addition to or in conjunction with any request that is required to be
made under section 173.27 of the Revised Code with respect to an
individual who has applied for employment in a position that involves
providing ombudsman services to residents of long-term care
facilities or recipients of community-based long-term care services,
the state long-term care ombudsman, the director of aging, a regional
long-term care ombudsman program, or the designee of the ombudsman,
director, or program may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that does not involve providing such
ombudsman services, whether the bureau has any information gathered
under division (A) of this section that pertains to that applicant.

In
addition to or in conjunction with any request that is required to be
made under section 173.38 of the Revised Code with respect to an
individual who has applied for employment in a direct-care position,
the chief administrator of a provider, as defined in section 173.39
of the Revised Code, may request that the superintendent investigate
and determine, with respect to any individual who has applied for
employment in a position that is not a direct-care position, whether
the bureau has any information gathered under division (A) of this
section that pertains to that applicant.

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

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

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

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

(J)
As used in this section:

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

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

(3)
"Registered private provider" means a nonpublic school or
entity registered with the department of education and workforce
under section 3310.41 of the Revised Code to participate in the
autism scholarship program or section 3310.58 of the Revised Code to
participate in the Jon Peterson special needs scholarship program.

Sec.
109.68.
(A)
As used in this section, "victim" means a person from whom
a sexual assault examination kit was collected.

(B)
In consultation with the attorney general's advisory group on sexual
assault examination kit tracking, the attorney general shall develop
recommendations for establishing a statewide sexual assault
examination kit tracking system. Based on those recommendations, the
attorney general shall create, operate, and maintain the statewide
tracking system and shall identify and allocate money for that
purpose from the appropriate funds available to the attorney general.

(C)
The attorney general may contract with state or private entities,
including private software and technology providers, for the
creation, operation, and maintenance of the statewide tracking
system. The tracking system shall do all of the following:

(1)
Track the status of sexual assault examination kits from the
collection site through the criminal justice process, including the
initial collection at medical facilities, inventory and storage by
law enforcement agencies, analysis at crime laboratories, and storage
or destruction after completion of analysis;

(2)
Allow all entities that receive, maintain, store, or preserve sexual
assault examination kits to update the status and location of the
kits;

(3)
Allow individuals to anonymously access the statewide tracking system
regarding the location and status of their sexual assault examination
kit.

(D)(1)
A victim may request the following from the appropriate official with
custody of the kit:

(a)
Information regarding the testing date and results of the kit;

(b)
Whether a DNA profile was obtained from the kit;

(c)
Whether a match was found to that DNA profile in state or federal
databases;

(d)
The estimated destruction date of the kit.

The
victim is entitled to receive this information in writing, by
electronic mail, or by telephone, as designated by the victim.

(2)
A victim who has requested information regarding the tracking of the
victim's sexual assault examination kit shall be informed by the
appropriate official with custody of the kit when there is any change
in the status of the case, including if the case has been closed or
reopened.

(3)
A victim may request written notification from the appropriate
official with custody of the kit notice of the destruction or
disposal date of the kit and shall receive that notice not later than
sixty days before the date of the intended destruction or disposal.

(4)
A victim may request further preservation of the sexual assault
examination kit or its probative contents beyond the intended
destruction or disposal date as provided under section 2933.82 of the
Revised Code, for a period of up to thirty years.

(5)
In responding to a victim's request under divisions (D)(1) to (4) of
this section, the appropriate official with custody of the kit also
shall provide the victim with information about the victim's right to
apply for an award of reparations pursuant to section 2743.56 of the
Revised Code.

(E)
Not later than one year after creation of the statewide tracking
system, all entities in the chain of custody of sexual assault
examination kits shall participate in the system.

(F)

The
attorney general may adopt rules under Chapter 119. of the Revised
Code to facilitate the implementation of the statewide sexual assault
examination kit tracking system pursuant to this section.
Except
as provided in division (B)(3) of this section, information contained
in the statewide tracking system is confidential and not subject to
public disclosure.

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

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

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

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

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

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

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

An
agency that adopts or amends a rule that is subject to division (D)
of this section shall assign a review date to the rule that is not
later than five years after its effective date. If a review date
assigned to a rule exceeds the five-year maximum, the review date for
the rule is five years after its effective date. A rule with a review
date is subject to review under section 106.03 of the Revised Code.
This paragraph does not apply to a rule of a state college or
university, community college district, technical college district,
or state community college.

If
an agency in adopting a rule designates an effective date that is
later than the effective date provided for by division (B)(1) of this
section, the rule if filed as required by such division shall become
effective on the later date designated by the agency.

Any
rule that is required to be filed under division (B)(1) of this
section is also subject to division (D) of this section if not
exempted by that division.

If
a rule incorporates a text or other material by reference, the agency
shall comply with sections 121.71 to 121.75 of the Revised Code.

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

Except
as provided in section 107.43 of the Revised Code, an emergency rule
becomes invalid at the end of the one hundred twentieth day it is in
effect. Prior to that date, the agency may file the emergency rule as
a nonemergency rule in compliance with division (B)(1) of this
section. The agency may not refile the emergency rule in compliance
with division (B)(2) of this section so that, upon the emergency rule
becoming invalid under such division, the emergency rule will
continue in effect without interruption for another one hundred
twenty-day period.

The
adoption of an emergency rule under division (B)(2) of this section
in response to a state of emergency, as defined under section 107.42
of the Revised Code, may be invalidated by the general assembly, in
whole or in part, by adopting a concurrent resolution in accordance
with section 107.43 of the Revised Code.

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

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

(b)
The rule shall be prepared and submitted in compliance with section
103.05 of the Revised Code and the rule drafting manual of the
legislative service commission.

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

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

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

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

(D)
At least sixty-five days before a board, commission, department,
division, or bureau of the government of the state files a rule under
division (B)(1) of this section, it shall file the full text of the
proposed rule in electronic form with the joint committee on agency
rule review, and the proposed rule is subject to legislative review
and invalidation under section 106.021 of the Revised Code. If a
state board, commission, department, division, or bureau makes a
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department, division, or
bureau shall promptly file the full text of the proposed rule in its
revised form in electronic form with the joint committee. A state
board, commission, department, division, or bureau shall also file
the rule summary and fiscal analysis prepared under section 106.024
of the Revised Code in electronic form along with a proposed rule,
and along with a proposed rule in revised form, that is filed under
this division. If a proposed rule has an adverse impact on
businesses, the state board, commission, department, division, or
bureau also shall file the business impact analysis, any
recommendations received from the common sense initiative office, and
the associated memorandum of response, if any, in electronic form
along with the proposed rule, or the proposed rule in revised form,
that is filed under this division.

A
proposed rule that is subject to legislative review under this
division may not be adopted and filed in final form under division
(B)(1) of this section unless the proposed rule has been filed with
the joint committee on agency rule review under this division and the
time for the joint committee to review the proposed rule has expired
without recommendation of a concurrent resolution to invalidate the
proposed rule.

If
a proposed rule that is subject to legislative review under this
division implements a federal law or rule, the agency shall provide
to the joint committee a citation to the federal law or rule the
proposed rule implements and a statement as to whether the proposed
rule implements the federal law or rule in a manner that is more or
less stringent or burdensome than the federal law or rule requires.

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

This
division does not apply to any of the following:

(1)
A proposed rule of an emergency nature;

(2)
A rule proposed under section 1121.05, 1121.06,
1349.33,

1707.201, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.345,
4123.40, 4123.411, 4123.44, or 4123.442 of the Revised Code;

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

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

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

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

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

(6)
An initial rule proposed by the director of health to impose quality
standards on a health care facility as defined in section 3702.30 of
the Revised Code;

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

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

Whenever
a state board, commission, department, division, or bureau files a
proposed rule or a proposed rule in revised form under division (D)
of this section, it shall also file the full text of the same
proposed rule or proposed rule in revised form in electronic form
with the secretary of state and the director of the legislative
service commission. A state board, commission, department, division,
or bureau shall file the rule summary and fiscal analysis prepared
under section 106.024 of the Revised Code in electronic form along
with a proposed rule or proposed rule in revised form that is filed
with the secretary of state or the director of the legislative
service commission.

Sec.
111.18.
(A)
The secretary of state shall keep a record of all fees collected by
the secretary of state and, except as otherwise provided in the
Revised Code, shall pay them into the state treasury to the credit of
the corporate and uniform commercial code filing fund created by
section 1309.528 of the Revised Code.

(B)
The secretary of state may implement alternative payment programs
that permit payment of any fee charged by the secretary of state by
means other than cash, check, money order, or credit card; an
alternative payment program may include, but is not limited to, one
that permits a fee to be paid by electronic means of transmission.
Fees paid under an alternative payment program shall be deposited to
the credit of the secretary of state alternative payment program
fund, which is hereby created in the state treasury. Any investment
income of the secretary of state alternative payment program fund
shall be credited to that fund and used to operate the alternative
payment program. Within two working days following the deposit of
funds to the credit of the secretary of state alternative payment
program fund, the secretary of state shall pay those funds to the
credit of the corporate and uniform commercial code filing fund,
subject to division (B) of section 1309.401 of the Revised Code and
except as otherwise provided in the Revised Code.

The
secretary of state shall adopt rules necessary to carry out the
purposes of this division.

Sec.
111.47.
(A)

Notwithstanding
division (A)(3) of section 2743.02 of the Revised Code and except if
the performance or nonperformance was manifestly outside the scope of
the officer's or employee's office or employment or the officer or
employee acted with malicious purpose, in bad faith, or in a wanton
or reckless manner, the state is immune from liability in any civil
action or proceeding involving the performance or nonperformance of a
public duty under the address confidentiality program.

(B)
The secretary of state shall adopt rules under Chapter 119. of the
Revised Code to facilitate the administration of sections 111.41 to
111.46 of the Revised Code.

Sec.
113.21.
The
treasury education fund is hereby created in the state treasury. The
fund shall consist of gifts, grants, and contributions received by
the treasurer of state for the purposes of the fund. The fund shall
be used to support various education programs, which may include, but
are not limited to, programs on capital project financing, local
government investment, linked deposits, and other finance-related
topics. The fund shall be administered by the treasurer of state
,
who shall adopt rules for the distribution of fund moneys
.
Moneys in the fund shall not replace other moneys expended by local
programs for similar purposes.

Sec.
113.51.
(A)
The treasurer of state shall implement and administer a program under
the terms and conditions established under sections 113.50 to 113.56
of the Revised Code. For that purpose, the treasurer shall do all of
the following:

(1)
Develop and implement the program in a manner consistent with the
provisions of sections 113.50 to 113.56 of the Revised Code;

(2)
Engage the services of consultants on a contract basis for rendering
professional and technical assistance and advice;

(3)
Seek rulings and other guidance from the secretary and the internal
revenue service relating to the program;

(4)
Make modifications to the program as necessary for participants in
the program to qualify for the federal income tax benefits or
treatment provided under section 529A of the Internal Revenue Code or
rules adopted thereunder;

(5)
Impose and collect administrative fees and service charges in
connection with any agreement or transaction relating to the program;

(6)
Develop marketing plans and promotional materials to publicize the
program;

(7)
Establish the procedures by which funds held in program accounts
shall be disbursed;

(8)
Administer the issuance of interests by the Ohio ABLE savings program
trust fund to designated beneficiaries;

(9)
Establish the procedures by which funds held in program accounts
shall be allocated to pay for administrative costs;

(10)
Take any other action necessary to implement and administer the
program;

(11)

Adopt
rules in accordance with Chapter 119. of the Revised Code necessary
to implement and administer the program;

(12)

Notify
the secretary when a program account has been opened for a designated
beneficiary and submit other reports concerning the program as
required by the secretary or under section 529A of the Internal
Revenue Code.

(B)
The treasurer of state may enter into agreements with other states or
agencies of, subdivisions of, or residents of those states related to
the program or a similar ABLE account program established by another
state in accordance with section 529A of the Internal Revenue Code.

(C)
Any record of the treasurer of state indicating the identity of
account beneficiaries and the balances and activity in ABLE accounts
is not a public record under section 149.43 of the Revised Code.

(D)
The treasurer of state shall pay account fees associated with an ABLE
account on behalf of an Ohio account owner or beneficiary.

Sec.
113.60.
(A)
As used in this section and sections 113.61 and 113.62 of the Revised
Code:

(1)
"Service intermediary" means a person or entity that enters
into a pay for success contract under this section and sections
113.61 and 113.62 of the Revised Code. The service intermediary may
act as the service provider that delivers the services specified in
the contract or may contract with a separate service provider to
deliver those services.

(2)
"State agency" and "political subdivision" have
the same meanings as in section 9.23 of the Revised Code.

(B)
The treasurer of state shall administer the pay for success
contracting program, shall develop procedures for awarding pay for
success contracts, and may take any action necessary to implement and
administer the program. Under the program, the treasurer of state may
enter into a pay for success contract with a service intermediary for
the delivery of specified services that benefit the state, a
political subdivision, or a group of political subdivisions, such as
programs addressing education, public health, criminal justice, or
natural resource management. In the case of a contract for the
delivery of services that benefit the state, the treasurer of state
shall enter into the contract jointly with the director of
administrative services. The treasurer of state and, as applicable,
the director of administrative services, may enter into a pay for
success contract under either of the following circumstances:

(1)
Upon receiving an appropriation from the general assembly for the
purpose of entering into a pay for success contract;

(2)(a)
At the request of a state agency, a political subdivision, or a group
of state agencies or political subdivisions that the treasurer of
state and, as applicable, the director of administrative services,
enter into a pay for success contract on behalf of the requesting
state agency, political subdivision, or group. The requesting state
agency, political subdivision, or group shall deposit the cost of the
contract with the treasurer of state in the appropriate fund
established in section 113.62 of the Revised Code.

(b)
A political subdivision or group of political subdivisions that
requests the treasurer of state to enter into a pay for success
contract on behalf of the political subdivision or group shall not
use state funds to pay the cost of the contract.

(c)
The treasurer of state may apply for federal grant moneys on behalf
of a requesting state agency, political subdivision, or group to pay
the cost of all or part of the contract. The treasurer of state shall
not apply for federal grant moneys for the purpose of entering into a
pay for success contract without first entering into an agreement
with a requesting state agency, political subdivision, or group for
the treasurer of state to apply for those moneys.

(C)
The treasurer of state may adopt rules in accordance with Chapter
119. of the Revised Code to administer the pay for success
contracting program, including rules concerning the following:

(1)
The procedure for a state agency, political subdivision, or group of
state agencies or political subdivisions to request the treasurer of
state and, as applicable, the director of administrative services to
enter into a pay for success contract and to deposit the cost of the
contract with the treasurer of state;

(2)
The types of services that are appropriate for a service provider to
provide under a pay for success contract
;

(3)
Any other rule necessary for the implementation and administration of
section 113.60 to 113.62 of the Revised Code
.

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

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

Sections
119.01 to 119.13 of the Revised Code do not apply to the public
utilities commission. Sections 119.01 to 119.13 of the Revised Code
do not apply to the utility radiological safety board; to the
controlling board; to actions of the superintendent of financial
institutions and the superintendent of insurance in the taking
possession of, and rehabilitation or liquidation of, the business and
property of banks, savings and loan associations, savings banks,
credit unions, insurance companies, associations, reciprocal
fraternal benefit societies, and bond investment companies; to any
action taken by the division of securities under section 1707.201 of
the Revised Code; or to any action that may be taken by the
superintendent of financial institutions under section 1113.03,
1121.06, 1121.10, 1125.09, 1125.12, 1125.18,
1349.33,

1733.35, 1733.361, 1733.37, or 1761.03 of the Revised Code.

Sections
119.01 to 119.13 of the Revised Code do not apply to actions of the
industrial commission or the bureau of workers' compensation under
sections 4123.01 to 4123.94 of the Revised Code with respect to all
matters of adjudication, or to the actions of the industrial
commission, bureau of workers' compensation board of directors, and
bureau of workers' compensation under division (D) of section
4121.32, sections 4123.29, 4123.34, 4123.341, 4123.342, 4123.345,
4123.40, 4123.411, 4123.44,
4123.442,

4123.441,
4123.442,
4127.07,
divisions (B), (C), and (E) of section 4131.04, and divisions (B),
(C), and (E) of section 4131.14 of the Revised Code with respect to
all matters concerning the establishment of premium, contribution,
and assessment rates.

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

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

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

(B)
"License" means any license, permit, certificate,
commission, or charter issued by any agency. "License" does
not include any arrangement whereby a person or government entity
furnishes medicaid services under a provider agreement with the
department of medicaid.

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

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

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

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

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

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

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

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

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

The
public notice shall include:

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

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

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

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

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

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

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

If
the proposed rule, amendment, or rescission incorporates a text or
other material by reference, the agency shall comply with sections
121.71 to 121.75 of the Revised Code.

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

If
the agency files a revision in the text of the proposed rule,
amendment, or rescission, it shall also promptly file the full text
of the proposed rule, amendment, or rescission in its revised form in
electronic form with the secretary of state and with the director of
the legislative service commission.

The
agency shall file the rule summary and fiscal analysis prepared under
section 106.024 of the Revised Code in electronic form along with a
proposed rule, amendment, or rescission or proposed rule, amendment,
or rescission in revised form that is filed with the secretary of
state or the director of the legislative service commission.

The
agency shall file the hearing report relating to a proposed rule,
amendment, or rescission in electronic form with the secretary of
state and the director of the legislative service commission at the
same time the agency files the hearing report with the joint
committee on agency rule review.

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

(C)
When an agency files a proposed rule, amendment, or rescission under
division (B) of this section, it also shall file in electronic form
with the joint committee on agency rule review the full text of the
proposed rule, amendment, or rule to be rescinded in the same form
and the public notice required under division (A) of this section.
(If in compliance with this division an agency files more than one
proposed rule, amendment, or rescission at the same time, and has
given a public notice under division (A) of this section that applies
to more than one of the proposed rules, amendments, or rescissions,
the agency shall file only one notice with the joint committee for
all of the proposed rules, amendments, or rescissions to which the
notice applies.) The proposed rule, amendment, or rescission is
subject to legislative review and invalidation under sections 106.02,
106.021, and 106.022 of the Revised Code. If the agency makes a
revision in a proposed rule, amendment, or rescission after it is
filed with the joint committee, the agency promptly shall file the
full text of the proposed rule, amendment, or rescission in its
revised form in electronic form with the joint committee.

An
agency shall file the rule summary and fiscal analysis prepared under
section 106.024 of the Revised Code in electronic form along with a
proposed rule, amendment, or rescission, and along with a proposed
rule, amendment, or rescission in revised form, that is filed under
this division.

If
a proposed rule, amendment, or rescission has an adverse impact on
businesses, the agency also shall file the business impact analysis,
any recommendations received from the common sense initiative office,
and the agency's memorandum of response, if any, in electronic form
along with the proposed rule, amendment, or rescission, or along with
the proposed rule, amendment, or rescission in revised form, that is
filed under this division.

The
agency shall file the hearing report in electronic form with the
joint committee before the joint committee holds its public hearing
on the proposed rule, amendment, or rescission. The filing of a
hearing report does not constitute a revision of the proposed rule,
amendment, or rescission to which the hearing report relates.

If
the proposed rule, amendment, or rescission requires liability
insurance, a bond, or any other financial responsibility instrument
as a condition of licensure, the agency shall conduct a diligent
search to determine if the liability insurance, bond, or other
financial responsibility instrument is readily available in the
amounts required as a condition of licensure, and shall certify to
the joint committee that the search was conducted.

If
the proposed rule, amendment, or rescission implements a federal law
or rule, the agency shall provide to the joint committee a citation
to the federal law or rule the proposed rule, amendment, or
rescission implements and a statement as to whether the proposed rule
implements the federal law or rule in a manner that is more or less
stringent or burdensome than the federal law or rule requires.

A
proposed rule, amendment, or rescission that is subject to
legislative review under this division may not be adopted under
division (E) of this section or filed in final form under section
119.04 of the Revised Code unless the proposed rule, amendment, or
rescission has been filed with the joint committee on agency rule
review under this division and the time for legislative review of the
proposed rule, amendment, or rescission has expired without adoption
of a concurrent resolution to invalidate the proposed rule,
amendment, or rescission.

This
division does not apply to:

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

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

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

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

(3)
A proposed rule, amendment, or rescission that, as set forth in
section 3719.41 of the Revised Code, must be adopted by the state
board of pharmacy pursuant to federal law or rule, to become
effective within sixty days of adoption, so long as the proposed rule
contains a statement that it is proposed for the purpose of complying
with federal law or rule.

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

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

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

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

The
agency shall consider the positions, arguments, or contentions
presented at, or before or after, the hearing. The agency shall
prepare a hearing summary of the positions, arguments, or
contentions, and of the issues raised by the positions, arguments, or
contentions. The agency then shall prepare a hearing report
explaining, with regard to each issue, how it is reflected in the
rule, amendment, or rescission. If an issue is not reflected in the
rule, amendment, or rescission, the hearing report shall explain why
the issue is not reflected. The agency shall include the hearing
summary in the hearing report as an appendix thereto. And, in the
hearing report, the agency shall identify the proposed rule,
amendment, or rescission to which the hearing report relates.

(E)
After divisions (A), (B), (C), and (D) of this section have been
complied with, and when the time for legislative review under
sections 106.02, 106.022, and 106.023 of the Revised Code has expired
without adoption of a concurrent resolution to invalidate the
proposed rule, amendment, or rescission, the agency may issue an
order adopting the proposed rule or the proposed amendment or
rescission of the rule, consistent with the synopsis or general
statement included in the public notice. At that time the agency
shall designate the effective date of the rule, amendment, or
rescission, which shall not be earlier than the tenth day after the
rule, amendment, or rescission has been filed in its final form as
provided in section 119.04 of the Revised Code.

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

(G)(1)
If the governor, upon the request of an agency, determines that an
emergency requires the immediate adoption, amendment, or rescission
of a rule, the governor shall issue an order, the text of which shall
be filed in electronic form with the agency, the secretary of state,
the director of the legislative service commission, and the joint
committee on agency rule review, that the procedure prescribed by
this section with respect to the adoption, amendment, or rescission
of a specified rule is suspended. The agency may then adopt
immediately the emergency rule, amendment, or rescission and it
becomes effective on the date the rule, amendment, or rescission, in
final form and in compliance with division (A)(2) of section 119.04
of the Revised Code, is filed in electronic form with the secretary
of state, the director of the legislative service commission, and the
joint committee on agency rule review. The director shall publish the
full text of the emergency rule, amendment, or rescission in the
register of Ohio.

Except
as provided in division (G)(2) of this section, or section 107.43 of
the Revised Code, the emergency rule, amendment, or rescission shall
become invalid at the end of the one hundred twentieth day it is in
effect. Prior to that date the agency may adopt the emergency rule,
amendment, or rescission as a nonemergency rule, amendment, or
rescission by complying with the procedure prescribed by this section
for the adoption, amendment, and rescission of nonemergency rules.
The agency shall not use the procedure of division (G)(1) of this
section to readopt the emergency rule, amendment, or rescission so
that, upon the emergency rule, amendment, or rescission becoming
invalid under division (G)(1) of this section, the emergency rule,
amendment, or rescission will continue in effect without interruption
for another one-hundred-twenty-day period, except when section 106.02
of the Revised Code prevents the agency from adopting the emergency
rule, amendment, or rescission as a nonemergency rule, amendment, or
rescission within the one-hundred-twenty-day period.

Division
(G)(1) of this section does not apply to the adoption of any
emergency rule, amendment, or rescission by the
tax
commissioner
director
of development services
under
division (C)(2) of section 5117.02 of the Revised Code.

(2)
An emergency rule or amendment adding a substance to a controlled
substance schedule shall become invalid at the end of the one hundred
eightieth day it is in effect. Prior to that date, the state board of
pharmacy may adopt the emergency rule or amendment as a nonemergency
rule or amendment by complying with the procedure prescribed by this
section for adoption and amendment of nonemergency rules. The board
shall not use the procedure of division (G)(1) of this section to
readopt the emergency rule or amendment so that, upon the emergency
rule or amendment becoming invalid under division (G)(2) of this
section, the emergency rule or amendment will continue in effect
beyond the one-hundred-eighty-day period.

(3)
The general assembly, by adopting a concurrent resolution, and in
accordance with section 107.43 of the Revised Code, may do either of
the following:

(a)
Invalidate, in whole or in part, an emergency rule adopted or amended
by an agency in response to a state of emergency, as defined under
section 107.42 of the Revised Code, under division (G)(1) of this
section;

(b)
Authorize an agency to readopt, in whole or in part, a rule that was
rescinded in response to a state of emergency under division (G)(1)
of this section.

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

Sec.
120.03.
(A)
The Ohio public defender commission shall appoint the state public
defender, who shall serve at the pleasure of the commission.

(B)
The Ohio public defender commission shall establish rules for the
conduct of the offices of the county and joint county public
defenders and for the conduct of county appointed counsel systems in
the state. These rules shall include, but are not limited to, the
following:

(1)
Standards of indigency and minimum qualifications for legal
representation by a public defender or appointed counsel. In
establishing standards of indigency and determining who is eligible
for legal representation by a public defender or appointed counsel,
the commission shall consider an indigent person to be an individual
who at the time
his
the
person's

need is determined is unable to provide for the payment of an
attorney and all other necessary expenses of representation. Release
on bail shall not prevent a person from being determined to be
indigent.

(2)
Standards for the hiring of outside counsel;

(3)
Standards for contracts by a public defender with law schools, legal
aid societies, and nonprofit organizations for providing counsel;

(4)
Standards for the qualifications, training, and size of the legal and
supporting staff for a public defender, facilities, and other
requirements needed to maintain and operate an office of a public
defender;

(5)
Minimum caseload standards;

(6)
Procedures for the assessment and collection of the costs of legal
representation that is provided by public defenders or appointed
counsel;

(7)
Standards and guidelines for determining whether a client is able to
make an up-front contribution toward the cost of
his

the client's

legal representation;

(8)
Procedures for the collection of up-front contributions from clients
who are able to contribute toward the cost of their legal
representation, as determined pursuant to the standards and
guidelines developed under division (B)(7) of this section. All of
such up-front contributions shall be paid into the appropriate county
fund.

(9)
Standards for contracts between a board of county commissioners, a
county public defender commission, or a joint county public defender
commission and a municipal corporation for the legal representation
of indigent persons charged with violations of the ordinances of the
municipal corporation.

(C)
The Ohio public defender commission shall adopt rules prescribing
minimum qualifications of counsel appointed pursuant to this chapter
or appointed by the courts. Without limiting its general authority to
prescribe different qualifications for different categories of
appointed counsel, the commission shall prescribe, by rule, special
qualifications for counsel and co-counsel appointed in capital cases.

(D)
In administering the office of the Ohio public defender commission:

(1)
The commission shall do the following:

(a)
Approve an annual operating budget;

(b)
Make an annual report to the governor, the general assembly, and the
supreme court of Ohio on the operation of the state public defender's
office, the county appointed counsel systems, and the county and
joint county public defenders' offices.

(2)
The commission may do the following:

(a)
Accept the services of volunteer workers and consultants at no
compensation other than reimbursement of actual and necessary
expenses;

(b)
Prepare and publish statistical and case studies and other data
pertinent to the legal representation of indigent persons;

(c)
Conduct programs having a general objective of training and educating
attorneys and others in the legal representation of indigent persons.

(E)
There is hereby established in the state treasury the public defender
training fund for the deposit of fees received by the Ohio public
defender commission from educational seminars, and the sale of
publications, on topics concerning criminal law and procedure.
Expenditures from this fund shall be made only for the operation of
activities authorized by division (D)(2)(c) of this section.

(F)(1)
In accordance with sections 109.02, 109.07, and 109.361 to
109.366

109.365

of
the Revised Code, but subject to division (E) of section 120.06 of
the Revised Code, the attorney general shall represent or provide for
the representation of the Ohio public defender commission, the state
public defender, assistant state public defenders, and other
employees of the commission or the state public defender.

(2)
Subject to division (E) of section 120.06 of the Revised Code, the
attorney general shall represent or provide for the representation of
attorneys described in division (C) of section 120.41 of the Revised
Code in malpractice or other civil actions or proceedings that arise
from alleged actions or omissions related to responsibilities derived
pursuant to this chapter, or in civil actions that are based upon
alleged violations of the constitution or statutes of the United
States, including section 1983 of Title 42 of the United States Code,
93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that arise
from alleged actions or omissions related to responsibilities derived
pursuant to this chapter. For purposes of the representation,
sections 109.361 to
109.366
109.365

of the Revised Code shall apply to an attorney described in division
(C) of section 120.41 of the Revised Code as if
he
the
attorney

were an officer or employee, as defined in section 109.36 of the
Revised Code, and the Ohio public defender commission or the state
public defender, whichever contracted with the attorney, shall be
considered
his
the
attorney's

employer.

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

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

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

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

(5)(a)
Except as provided in division (A)(5)(b) of this section, the state
public defender, when designated by the court or requested by a
county public defender, joint county public defender, or the director
of rehabilitation and correction, shall provide legal representation
in parole and probation revocation matters or matters relating to the
revocation of community control or post-release control under a
community control sanction or post-release control sanction, unless
the state public defender finds that the alleged parole or probation
violator or alleged violator of a community control sanction or
post-release control sanction has the financial capacity to retain
the alleged violator's own counsel.

(b)
If the state public defender determines that the state public
defender does not have the capacity to provide the legal
representation described in division (A)(5)(a) of this section, the
state public defender may contract with private legal counsel to
provide the legal representation described in that division.

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

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

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

(D)(1)
When the state public defender is designated by the court or
requested by a county public defender or joint county public defender
to provide legal representation for an indigent person in any case,
other than pursuant to a contract entered into under authority of
division (C)(7) of section 120.04 of the Revised Code, the state
public defender shall send to the county in which the case is filed a
bill detailing the actual cost of the representation that separately
itemizes legal fees and expenses. The county, upon receipt of an
itemized bill from the state public defender pursuant to this
division, shall pay the state public defender one hundred per cent of
the amount identified as legal fees and expenses in the itemized
bill.

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

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

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

(5)
If the state public defender determines that the state public
defender does not have the capacity to provide the legal
representation described in division (A)(5)(a) of this section and
the state public defender contracts with private legal counsel to
provide the legal representation, the state public defender shall
directly pay private legal counsel's fees and expenses from the
indigent defense support fund pursuant to section 120.08 of the
Revised Code.

(E)(1)
Notwithstanding any contrary provision of sections 109.02, 109.07,
109.361 to
109.366
109.365
,
and 120.03 of the Revised Code that pertains to representation by the
attorney general, an assistant attorney general, or special counsel
of an officer or employee, as defined in section 109.36 of the
Revised Code, or of an entity of state government, the state public
defender may elect to contract with, and to have the state pay
pursuant to division (E)(2) of this section for the services of,
private legal counsel to represent the Ohio public defender
commission, the state public defender, assistant state public
defenders, other employees of the commission or the state public
defender, and attorneys described in division (C) of section 120.41
of the Revised Code in a malpractice or other civil action or
proceeding that arises from alleged actions or omissions related to
responsibilities derived pursuant to this chapter, or in a civil
action that is based upon alleged violations of the constitution or
statutes of the United States, including section 1983 of Title 42 of
the United States Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as
amended, and that arises from alleged actions or omissions related to
responsibilities derived pursuant to this chapter, if the state
public defender determines, in good faith, that the defendant in the
civil action or proceeding did not act manifestly outside the scope
of the defendant's employment or official responsibilities, with
malicious purpose, in bad faith, or in a wanton or reckless manner.
If the state public defender elects not to contract pursuant to this
division for private legal counsel in a civil action or proceeding,
then, in accordance with sections 109.02, 109.07, 109.361 to

109.366
109.365
,
and 120.03 of the Revised Code, the attorney general shall represent
or provide for the representation of the Ohio public defender
commission, the state public defender, assistant state public
defenders, other employees of the commission or the state public
defender, or attorneys described in division (C) of section 120.41 of
the Revised Code in the civil action or proceeding.

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

(i)
The private legal counsel shall file with the attorney general a copy
of the contract; a request for an award of legal fees, court costs,
and expenses earned or incurred in connection with the defense of the
Ohio public defender commission, the state public defender, an
assistant state public defender, an employee, or an attorney in a
specified civil action or proceeding; a written itemization of those
fees, costs, and expenses, including the signature of the state
public defender and the state public defender's attestation that the
fees, costs, and expenses were earned or incurred pursuant to
division (E)(1) of this section to the best of the state public
defender's knowledge and information; a written statement whether the
fees, costs, and expenses are for all legal services to be rendered
in connection with that defense, are only for legal services rendered
to the date of the request and additional legal services likely will
have to be provided in connection with that defense, or are for the
final legal services rendered in connection with that defense; a
written statement indicating whether the private legal counsel
previously submitted a request for an award under division (E)(2) of
this section in connection with that defense and, if so, the date and
the amount of each award granted; and, if the fees, costs, and
expenses are for all legal services to be rendered in connection with
that defense or are for the final legal services rendered in
connection with that defense, a certified copy of any judgment entry
in the civil action or proceeding or a signed copy of any settlement
agreement entered into between the parties to the civil action or
proceeding.

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

(iii)
The attorney general shall forward a copy of the document prepared
pursuant to division (E)(2)(a)(ii) of this section to the director of
budget and management. The award of legal fees, court costs, or
expenses shall be paid out of the state public defender's
appropriations, to the extent there is a sufficient available balance
in those appropriations. If the state public defender does not have a
sufficient available balance in the state public defender's
appropriations to pay the entire award of legal fees, court costs, or
expenses, the director shall make application for a transfer of
appropriations out of the emergency purposes account or any other
appropriation for emergencies or contingencies in an amount equal to
the portion of the award that exceeds the sufficient available
balance in the state public defender's appropriations. A transfer of
appropriations out of the emergency purposes account or any other
appropriation for emergencies or contingencies shall be authorized if
there are sufficient moneys greater than the sum total of then
pending emergency purposes account requests, or requests for releases
from the other appropriation. If a transfer of appropriations out of
the emergency purposes account or other appropriation for emergencies
or contingencies is made to pay an amount equal to the portion of the
award that exceeds the sufficient available balance in the state
public defender's appropriations, the director shall cause the
payment to be made to the private legal counsel. If sufficient moneys
do not exist in the emergency purposes account or other appropriation
for emergencies or contingencies to pay an amount equal to the
portion of the award that exceeds the sufficient available balance in
the state public defender's appropriations, the private legal counsel
shall request the general assembly to make an appropriation
sufficient to pay an amount equal to the portion of the award that
exceeds the sufficient available balance in the state public
defender's appropriations, and no payment in that amount shall be
made until the appropriation has been made. The private legal counsel
shall make the request during the current biennium and during each
succeeding biennium until a sufficient appropriation is made.

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

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

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

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

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

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

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

(G)(1)
The state public defender may conduct a legal assistance referral
service for children committed to the department of youth services
relative to conditions of confinement claims. If the legal assistance
referral service receives a request for assistance from a child
confined in a facility operated, or contracted for, by the department
of youth services and the state public defender determines that the
child has a conditions of confinement claim that has merit, the state
public defender may refer the child to a private attorney. If no
private attorney who the child has been referred to by the state
public defender accepts the case within a reasonable time, the state
public defender may prepare, as appropriate, pro se pleadings in the
form of a complaint regarding the conditions of confinement at the
facility where the child is confined with a motion for appointment of
counsel and other applicable pleadings necessary for sufficient pro
se representation.

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

(3)
The state public defender shall not undertake the representation of a
child in court based on a conditions of confinement claim arising
under this division.

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

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

(J)
As used in this section:

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

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

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

Sec.
120.521.
(A)
The state public defender shall establish a charitable, tax exempt
foundation, named the Ohio access to justice foundation, to actively
solicit and accept gifts, bequests, donations, and contributions for
use in providing financial assistance to legal aid societies,
enhancing or improving the delivery of civil legal services to
indigents, and operating the foundation. The Ohio access to justice
foundation shall deposit all gifts, bequests, donations, and
contributions accepted by it into the access to justice foundation
fund established under this section. If the state public defender,
pursuant to section 120.52 of the Revised Code as it existed prior to
June 30, 1995, established a charitable, tax exempt foundation named
the Ohio access to justice foundation and if that foundation is in
existence on the day before June 30, 1995, that foundation shall
continue in existence and shall serve as the Ohio access to justice
foundation described in this section.

There
is hereby established the access to justice foundation fund, which
shall be under the custody and control of the Ohio access to justice
foundation. The fund shall contain all moneys distributed to the Ohio
access to justice foundation pursuant to section 120.53 of the
Revised Code and all gifts, bequests, donations, and contributions
accepted by the Ohio access to justice foundation under this section.

The
Ohio access to justice foundation shall distribute or use all moneys
in the access to justice foundation fund for the charitable public
purpose of providing financial assistance to legal aid societies that
provide civil legal services to indigents, enhancing or improving the
delivery of civil legal services to indigents, and operating the
foundation.

The Ohio access to justice foundation shall establish rules governing
the administration of the access to justice foundation fund.

The
Ohio access to justice foundation shall include, in the annual report
it is required to make to the governor, the general assembly, and the
supreme court pursuant to division (G)(2) of section 120.53 of the
Revised Code, an audited financial statement on the distribution and
use of the access to justice foundation fund. No information
contained in the statement shall identify or enable the
identification of any person served by a legal aid society or in any
way breach confidentiality.

Membership
on the board of the Ohio access to justice foundation does not
constitute holding another public office and does not constitute
grounds for resignation from the senate or house of representatives
under section 101.26 of the Revised Code.

The
Ohio access to justice foundation shall assist the chancellor of
higher education by determining the ratio, for each county in the
state, of attorneys to total population for the purpose described in
section 3333.132 of the Revised Code.

(B)
A foundation is tax exempt for purposes of this section if the
foundation is exempt from federal income taxation under subsection
501(a) of the "Internal Revenue Code of 1986," 100 Stat.
2085, 26 U.S.C. 501(a), as amended, and if the foundation has
received from the internal revenue service a determination letter
that is in effect stating that the foundation is exempt from federal
income taxation under that subsection.

Sec.
121.36.
(A)
As used in this section, "home care dependent adult" means
an individual who resides in a private home or other noninstitutional
and unlicensed living arrangement, without the presence of a parent
or guardian, but has health and safety needs that require the
provision of regularly scheduled home care services to remain in the
home or other living arrangement because one of the following is the
case:

(1)
The individual is at least twenty-one years of age but less than
sixty years of age and has a physical disability or mental
impairment.

(2)
The individual is sixty years of age or older, regardless of whether
the individual has a physical disability or mental impairment.

(B)
Except as provided in division (D) of this section, the departments
of developmental disabilities, aging, job and family services, and
health shall each implement this section with respect to all
contracts entered into by the department for the provision of home
care services to home care dependent adults that are paid for in
whole or in part with federal, state, or local funds. Except as
provided in division (D) of this section, each department shall also
require all public and private entities that receive money from or
through the department to comply with this section when entering into
contracts for the provision of home care services to home care
dependent adults that are paid for in whole or in part with federal,
state, or local funds. Such entities may include county boards of
developmental disabilities, area agencies on aging, county
departments of job and family services, and boards of health of city
and general health districts.

(C)
Each contract subject to this section shall include terms requiring
that the provider of home care services to home care dependent adults
have a system in place that effectively monitors the delivery of the
services by its employees. To be considered an effective monitoring
system for purposes of the contract, the system established by a
provider must include at least the following components:

(1)
When providing home care services to home care dependent adults who
have a mental impairment or life-threatening health condition, a
mechanism to verify whether the provider's employees are present at
the location where the services are to be provided and at the time
the services are to be provided;

(2)
When providing home care services to all other home care dependent
adults, a system to verify at the end of each working day whether the
provider's employees have provided the services at the proper
location and time;

(3)
A protocol to be followed in scheduling a substitute employee when
the monitoring system identifies that an employee has failed to
provide home care services at the proper location and time, including
standards for determining the length of time that may elapse without
jeopardizing the health and safety of the home care dependent adult;

(4)
Procedures for maintaining records of the information obtained
through the monitoring system;

(5)
Procedures for compiling annual reports of the information obtained
through the monitoring system, including statistics on the rate at
which home care services were provided at the proper location and
time;

(6)
Procedures for conducting random checks of the accuracy of the
monitoring system. For purposes of conducting these checks, a random
check is considered to be a check of not more than five per cent of
the home care visits the provider's employees make to different home
care dependent adults within a particular work shift.

(D)
In implementing this section, the departments shall exempt the
following from the section's requirements:

(1)
Providers of home care services who are self-employed providers with
no other employees or are otherwise considered by the departments not
to be agency providers;

(2)
Providers who utilize an electronic visit verification system as
described in section 12006 of the "21st Century Cures Act of
2016," 42 U.S.C. 1903(l).

(E)
The departments of developmental disabilities, aging, job and family
services, and health shall each adopt rules as necessary to implement
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
121.41.
As
used in sections 121.41 to
121.50

121.49

of
the Revised Code:

(A)
"Appropriate ethics commission" has the same meaning as in
section 102.01 of the Revised Code.

(B)
"Appropriate licensing agency" means a public or private
entity that is responsible for licensing, certifying, or registering
persons who are engaged in a particular vocation.

(C)
"Person" has the same meaning as in section 1.59 of the
Revised Code and also includes any officer or employee of the state
or any political subdivision of the state.

(D)
"State agency" has the same meaning as in section 1.60 of
the Revised Code and includes the Ohio casino control commission, but
does not include any of the following:

(1)
The general assembly;

(2)
Any court;

(3)
The secretary of state, auditor of state, treasurer of state, or
attorney general and their respective offices.

(E)
"State employee" means any person who is an employee of a
state agency, or any person who does business with the state
including, only for the purposes of sections 121.41 to
121.50

121.49

of
the Revised Code, the nonprofit corporation formed under section
187.01 of the Revised Code.

(F)
"State officer" means any person who is elected or
appointed to a public office in a state agency.

(G)
"Wrongful act or omission" means an act or omission,
committed in the course of office holding or employment, that is not
in accordance with the requirements of law or such standards of
proper governmental conduct as are commonly accepted in the community
and thereby subverts, or tends to subvert, the process of government.

Sec.
121.68.
(A)
The joint legislative ethics committee shall keep on file the
statements required by sections 121.62, 121.63, and 121.64 of the
Revised Code. These statements are public records and open to public
inspection, and the joint committee shall computerize them so that
the information contained in them is readily accessible to the
general public. The joint committee shall provide copies of the
statements to the general public on request and may charge a
reasonable fee not to exceed the cost of copying and delivering the
statement.

(B)
Not later than the last day of February and October of each year, the
joint committee shall compile from the registration statements filed
with it a complete and updated list of registered executive agency
lobbyists and their employers, and distribute the list to each
elected executive official and the director of each department
created under section 121.02 of the Revised Code, who shall
distribute the list to the appropriate personnel under
his

the official's or director's

jurisdiction. The joint committee shall provide copies of the list to
the general public upon request and may charge a reasonable fee not
to exceed the cost of copying and delivering the list.

(C)
The joint committee shall maintain a list of all executive agencies.
The joint committee shall provide copies of the list to the general
public on request and may charge a reasonable fee not to exceed the
cost of copying and delivering the document.

(D)
The joint committee shall prescribe and make available an appropriate
form for the filings required by sections 121.62, 121.63, and 121.64
of the Revised Code. The form shall contain the following notice in
boldface type: "ANY PERSON WHO KNOWINGLY FILES A FALSE STATEMENT
IS GUILTY OF FALSIFICATION UNDER SECTION 2921.13 OF THE REVISED CODE,
WHICH IS A MISDEMEANOR OF THE FIRST DEGREE."

(E)

The
joint committee may adopt rules as necessary to implement sections
121.60 to 121.69 of the Revised Code, and any such rules it adopts
shall be adopted in accordance with section 111.15 of the Revised
Code.

(F)

The
joint committee shall publish a handbook that explains in clear and
concise language the provisions of sections 121.60 to 121.69 of the
Revised Code and make it available free of charge to executive agency
lobbyists, employers, and any other interested persons.

Sec.
121.96.
(A)
As used in this section:

(1)
"Agency" means any governmental entity of the state and
includes any board, department, division, commission, bureau,
society, council, institution, state college or university, community
college district, technical college district, or state community
college.

(2)
"Review date" has the same meaning as in section 106.01 of
the Revised Code.

(3)
"Rule" means any rule, regulation, or standard, having a
general and uniform operation, adopted and enforced by any agency
under the authority of the laws governing the agency.

(B)
Each agency shall identify all rules adopted by the agency existing
on the effective date of this section that were adopted under
authority granted by the Revised Code sections amended or repealed by
this act. The agency shall determine whether a rule identified under
this division exceeds or conflicts with the agency's rulemaking
authority in light of the amendments to, or the repeals of, those
Revised Code sections by this act. If a rule exceeds or conflicts
with the agency's rulemaking authority in light of the amendments or
repeals made by this act, both of the following apply:

(1)
The agency shall immediately stop enforcing the rule to the extent it
exceeds or conflicts with the agency's rulemaking authority.

(2)
Except as provided in division (C) of this section, not later than
the rule's review date, the agency shall commence the process of
amending or rescinding the rule so that it no longer exceeds or
conflicts with the agency's rulemaking authority.

(C)
If a rule identified under division (B) of this section does not have
a review date and exceeds or conflicts with an agency's rulemaking
authority in light of the amendments to, or the repeals of, the
Revised Code sections included in this act, the agency shall commence
the process of amending or rescinding the rule not later than the
date that is five years after the effective date of this section.

Sec.
122.075.
(A)
As used in this section:

(1)
"Alternative fuel" has the same meaning as in section
125.831 of the Revised Code.

(2)
"Biodiesel" means a mono-alkyl ester combustible liquid
fuel that is derived from vegetable oils or animal fats, or any
combination of those reagents, and that meets American society for
testing and materials specification D6751-03a for biodiesel fuel
(B100) blend stock distillate fuels.

(3)
"Diesel fuel" and "gasoline" have the same
meanings as in section 5735.01 of the Revised Code.

(4)
"Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains, cheese
whey, and sugar beets; forest products; or other renewable resources,
including residue and waste generated from the production,
processing, and marketing of agricultural products, forest products,
and other renewable resources that meet all of the specifications in
the American society for testing and materials (ASTM) specification D
4806-88 and is denatured as specified in Parts 20 and 21 of Title 27
of the Code of Federal Regulations.

(5)
"Blended biodiesel" means diesel fuel containing at least
twenty per cent biodiesel by volume.

(6)
"Blended gasoline" means gasoline containing at least
eighty-five per cent ethanol by volume.

(7)
"Incremental cost" means either of the following:

(a)
The difference in cost between blended gasoline and gasoline
containing ten per cent or less ethanol at the time that the blended
gasoline is purchased;

(b)
The difference in cost between blended biodiesel and diesel fuel
containing two per cent or less biodiesel at the time that the
blended biodiesel is purchased.

(B)
For the purpose of improving the air quality in this state, the
director of development services shall establish an alternative fuel
transportation program under which the director may make grants and
loans to businesses, nonprofit organizations, public school systems,
or local governments for the purchase and installation of alternative
fuel refueling or distribution facilities and terminals, for the
purchase and use of alternative fuel, to pay the cost of fleet
conversion, and to pay the costs of educational and promotional
materials and activities intended for prospective alternative fuel
consumers, fuel marketers, and others in order to increase the
availability and use of alternative fuel.

(C)
The director, in consultation with the director of agriculture, shall
adopt rules in accordance with Chapter 119. of the Revised Code
that
are necessary for the administration of the alternative fuel
transportation program. The rules shall establish at least

establishing

all
of the following:

(1)
An application form and procedures governing the application process
for receiving funds under the program;

(2)
A procedure for prioritizing the award of grants and loans under the
program. The procedures shall give preference to all of the
following:

(a)
Publicly accessible refueling facilities;

(b)
Entities applying to the program that have secured funding from other
sources, including, but not limited to, private or federal
incentives;

(c)
Entities that have presented compelling evidence of demand in the
market in which the facilities or terminals will be located;

(d)
Entities that have committed to utilizing purchased or installed
facilities or terminals for the greatest number of years;

(e)
Entities that will be purchasing or installing facilities or
terminals for any type of alternative fuel.

(3)
A requirement that the maximum incentive for the purchase and
installation of an alternative fuel refueling or distribution
facility or terminal be eighty per cent of the cost of the facility
or terminal, except that at least twenty per cent of the total cost
of the facility or terminal shall be incurred by the recipient and
not compensated for by any other source;

(4)
A requirement that the maximum incentive for the purchase of
alternative fuel be eighty per cent of the cost of the fuel or, in
the case of blended biodiesel or blended gasoline, eighty per cent of
the incremental cost of the blended biodiesel or blended gasoline;

(5)

Any
other criteria
Criteria
,
procedures, or guidelines
that
the director determines are necessary to administer the program,
including
related
to
fees,
charges, interest rates, and payment schedules.

(D)
An applicant for a grant or loan under this section that sells motor
vehicle fuel at retail shall agree that if the applicant receives
funding, the applicant will report to the director the gallon or
gallon equivalent amounts of alternative fuel the applicant sells at
retail in this state for a period of three years after the project is
completed.

The
director shall enter into a written confidentiality agreement with
the applicant regarding the gallon or gallon equivalent amounts sold
as described in this division, and upon execution of the agreement
this information is not a public record.

(E)
There is hereby created in the state treasury the alternative fuel
transportation fund. The fund shall consist of money transferred to
the fund under division (B) of section 125.836 of the Revised Code,
money that is appropriated to it by the general assembly, money as
may be specified by the general assembly from the advanced energy
fund created by section 4928.61 of the Revised Code, and all money
received from the repayment of loans made from the fund or in the
event of a default on any such loan. Money in the fund shall be used
to make grants and loans under the alternative fuel transportation
program and by the director in the administration of that program.

Sec.
122.076.
(A)
As used in this section:

(1)
"Alternative fuel" means compressed natural gas, liquid
natural gas, or liquid petroleum gas.

(2)
"Alternative fuel vehicle" means a motor vehicle that is
registered in this state for operation on public highways, is
propelled by a motor that runs on alternative fuel, and has a gross
vehicle rating of at least twenty-six thousand pounds. "Alternative
fuel vehicle" includes a bi-fueled or dual-fueled vehicle with a
motor that can run on both alternative fuel and on gasoline or diesel
fuel.

(3)
"New alternative fuel vehicle" means an alternative fuel
vehicle that meets all of the following criteria:

(a)
The purchaser purchased the vehicle from an original equipment
manufacturer, automobile retailer, or after-market conversion
facility.

(b)
The purchaser was the first person to purchase the vehicle not for
resale.

(c)
The purchaser purchased the vehicle for use in business.

(d)
The alternative fuel technology used in the vehicle has received a
compliance designation or been certified by the United States
environmental protection agency for new or intermediate use.

(4)
"Traditional fuel vehicle" means a motor vehicle that is
registered in this state for operation on public highways and that is
propelled by gasoline or diesel fuel.

(5)
"Adjusted purchase price" means the portion of the purchase
price of a new alternative fuel vehicle that is attributable to the
parts and equipment used for the storage of alternative fuel, the
delivery of alternative fuel to the motor, and the exhaust of gases
from the combustion of alternative fuel.

(6)
"Conversion parts and equipment" shall not include parts
and equipment that have previously been used to modify or retrofit
another traditional fuel vehicle.

(7)
"Person" includes a political subdivision of this state.

(B)
The director of environmental protection shall administer an
alternative fuel vehicle conversion program under which the director
may make grants to a person that purchases one or more new
alternative fuel vehicles or converts one or more traditional fuel
vehicles into alternative fuel vehicles.

(C)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code
that
are necessary for the administration of the alternative fuel vehicle
conversion program. The rules shall establish
establishing

all
of the following:

(1)
An application form and procedures governing the process for applying
to receive a grant under the program;

(2)
The maximum grant amount allowed per alternative fuel vehicle, which
shall equal the lesser of fifty per cent of the adjusted purchase
price of the new alternative fuel vehicle or of the cost of the
conversion parts and equipment, as applicable, or twenty-five
thousand dollars;

(3)
The limit on the total amount of grants allowed to a person that
purchases or converts multiple alternative fuel vehicles, which shall
equal four hundred thousand dollars;

(4)
A requirement that each grant recipient attest that, of the total
number of miles that the recipient or any employee or agent of the
recipient will drive the alternative fuel vehicle, over half will be
within this state
;

(5)
Any other procedures, criteria, or grant terms that the director
determines necessary to administer the program
.

Sec.
122.077.
For
the purpose of promoting the use of energy efficient products to
reduce greenhouse gas emissions in this state, the director of
development shall establish an energy star rebate program under which
the director may provide rebates to consumers for household devices
carrying the energy star label indicating that the device meets the
energy efficiency criteria of the energy star program established by
the United States department of energy and the United States
environmental protection agency. The director shall adopt rules under
Chapter 119. of the Revised Code
that
are necessary for successful and efficient administration of the
energy star rebate program and shall specify in the rules

establishing

that
grant availability is limited to federal stimulus funds or any other
funds specifically appropriated for such a program.

Sec.
122.081.
(A)
The office of small business and entrepreneurship in the development
services agency shall prepare and publish a "small business
register" or contract with any person as provided in this
section to prepare and publish the register. The small business
register shall contain the following information regarding each
proposed rule recorded by the office of small business and
entrepreneurship:

(1)
The title and administrative code rule number of the proposed rule;

(2)
A brief summary of the proposed rule;

(3)
The date on which the proposed rule was recorded by the office of
small business and entrepreneurship; and

(4)
The name, address, and telephone number of an individual or office
within the agency that proposed the rule who can provide information
about the proposed rule.

(B)
The small business register shall be published on a weekly basis. The
information required under division (A) of this section shall be
published in the register no later than two weeks after the proposed
rule to which the information relates is recorded by the office of
small business and entrepreneurship. The office shall furnish the
small business register, on a single copy or subscription basis, to
any person who requests it and pays a single copy price or
subscription rate fixed by the office. The office shall furnish the
chairpersons of the standing committees of the senate and house of
representatives having jurisdiction over small businesses with free
subscriptions to the small business register.

(C)
Upon the request of the office of small business and
entrepreneurship, the director of administrative services shall, in
accordance with the competitive selection procedure of Chapter 125.
of the Revised Code, let a contract for the compilation, printing,
and distribution of the small business register.

(D)
The office of small business and entrepreneurship shall adopt, and
may amend or rescind, in accordance with Chapter 119. of the Revised
Code, such rules as are necessary to enable it to properly carry out
this section.

Sec.
122.083.
(A)
The director of development shall administer a shovel ready sites
program to provide grants for projects to port authorities and
development entities approved by the director. Grants may be used to
pay the costs of any or all of the following:

(1)
Acquisition of property, including options;

(2)
Preparation of sites, including brownfield clean-up activities;

(3)
Construction of road, water, telecommunication, and utility
infrastructure;

(4)
Payment of professional fees the amount of which shall not exceed
twenty per cent of the grant amount for a project.

(B)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code
that
establish procedures and requirements necessary for the
administration of the program, including a requirement that
requiring
that
a
recipient of a grant enter into an agreement with the director
governing the use of the grant.

Sec.
122.086.
(A)
There is hereby created the job ready site program to provide grants
to pay for allowable costs of eligible applicants for eligible
projects. The program shall be administered by the department of
development. All grants shall be awarded through one of the following
two processes:

(1)
The annual competitive process under sections 122.087 to 122.0811,
122.0814, and 122.0815 of the Revised Code;

(2)
The discretionary process under sections 122.0812 to 122.0815 of the
Revised Code.

(B)
The annual competitive process shall be administered by the
department of development pursuant to
rules
adopted
guidelines
established
by
the director of development
under
Chapter 119. of the Revised Code. The rules shall not establish
criteria that have the
,
but the guidelines shall not have the
effect
of excluding applications for grants from any county of the state.

(C)
The discretionary process shall be administered by the department of
development pursuant to guidelines established by the director of
development.

Sec.
122.087.
The
director of development shall establish an annual competitive process
for making grants described in section 122.086 of the Revised Code

in accordance with rules adopted under that section
.
At least two-thirds of the amounts that may be distributed as grants
each year under the job ready site program shall be distributed under
the annual competitive process.

Sec.
122.09.
(A)
As used in this section:

(1)
"Development costs" means all expenditures paid or incurred
by the property owner in completing a certified transformational
mixed use development project including acquisition costs and all
costs incurred before the project is certified by the director of
development.

(2)
"Eligible expenditures" means certain expenditures paid or
incurred by the property owner in completing a certified
transformational mixed use development project after the project is
certified by the director of development, including architectural or
engineering fees, due diligence costs, hard and soft construction
costs, paid or incurred in connection with the project and
architectural and engineering fees and due diligence costs incurred
before the date the project is certified by the director of
development under division (C) of this section.

(3)
"Property owner" means a person or persons holding a fee
simple or leasehold interest in real property, including interests in
real property acquired through a capital lease arrangement, and a
person or persons in contract to acquire real property with the only
remaining contractual contingency being receipt of an award under
this section. "Owner" does not include the state or a state
agency, or any political subdivision as defined in section 9.23 of
the Revised Code. For the purpose of this division, "fee simple
interest," "leasehold interest," and "capital
lease" shall be construed in accordance with generally accepted
accounting principles.

(4)
"Transformational mixed use development" means a project
that consists of eligible expenditures for new construction or the
redevelopment, rehabilitation, expansion, or other improvement of
vacant buildings or structures, or a combination of the foregoing,
and that, inclusively:

(a)
Will have a transformational economic impact on the project site;

(b)
Integrates at least two of the following uses into one mixed use
development:

(i)
Office;

(ii)
Residential;

(iii)
Retail, which may include restaurant space;

(iv)
Hotel and hospitality;

(v)
Recreation.

(c)
Satisfies one of the following criteria:

(i)
If the project site is located within ten miles of a major city, the
project includes at least one new or previously vacant building that
is fifteen or more stories in height or has a floor area of at least
three hundred fifty thousand square feet, or after completion will be
the site of employment accounting for at least five million dollars
in annual payroll, or includes two or more buildings that are
connected to each other, are located on the same parcel or on
contiguous parcels, and that collectively have a floor area of at
least three hundred fifty thousand square feet;

(ii)
If the project site is not located within ten miles of a major city,
the project includes at least one new or previously vacant building
that is two or more stories in height or has a floor area of at least
seventy-five thousand square feet or two or more new buildings that
are located on the same parcel or on contiguous parcels and that
collectively have a floor area of at least seventy-five thousand
square feet.

A
"transformational mixed use development" does not include a
project located wholly or partially in a transformational major
sports facility mixed-use project district as defined in section
123.28 of the Revised Code.

(5)
"Increase in tax collections" means the difference, if
positive, of the amount of state and local taxes estimated to be
derived from economic activity occurring within the project site, but
excluding any other phases of the development project for
developments completed in phases, during the completion period minus
the amount of such taxes that are estimated to be derived from such
economic activity in that site during the same period if the
transformational mixed use development project were not certified by
the director of development and completed.

(6)
"Completion period" means the time period beginning on the
day after a transformational mixed use development project is
certified by the director of development and ending on the fifth
anniversary of the day the project is completed.

(7)
"Contribute capital" means to invest, loan, or donate cash
in exchange for an equity interest in an asset, or a debt instrument.

(8)
"Major city" means a municipal corporation that has a
population greater than one hundred thousand.

(9)
"Project site" means the land, and improvements thereon,
upon which a transformational mixed use development will be
constructed, which consists of a single parcel or multiple parcels
that are contiguous with one another, including parcels separated
only by a publicly dedicated road.

(B)
The property owner of one or more parcels of land in this state
within which a transformational mixed use development project is
planned may apply to the director of development for certification of
the development project and preliminary approval of a tax credit in
an amount up to ten per cent of the estimated eligible expenditures.
Each application shall be filed in the form and manner prescribed by
the director and shall, at minimum, include a development plan
comprised of all of the following information:

(1)
The location of the project site and an indication of whether it is
located within ten miles of a major city;

(2)
A detailed description of the proposed transformational mixed use
development project including site plans, elevations, construction
drawings, architectural renderings, or other means sufficient to
convey the appearance, size, purposes, capacity, and scope of the
project;

(3)
A viable project budget supported by construction hard cost
estimates, organized by line item, that estimates the development
costs and eligible expenditures that have been or will be incurred in
the completion of the project;

(4)
A viable financial plan showing both (a) at least fifty-one per cent
of the needed funding secured, as evidenced by commitment letters,
letters of intent, or terms sheets and third party equity
verification, and (b) a strategy for obtaining any needed but not yet
secured funding;

(5)
An estimated schedule for the progression and completion of the
project;

(6)
An assessment of the projected newly created economic impact of and
from the project based upon the projected increase in tax collections
during the completion period at the project site, excluding economic
activity existing at the time of or before certification of the
development project and preliminary approval of a tax credit,
prepared by an economic impact consultant with experience performing
economic impact studies in Ohio and reviewed by an independent third
party reviewer retained by the director of development to ensure
accuracy, uniformity, consistency, and fairness;

(7)
Evidence that the increase in tax collections during the completion
period will exceed ten per cent of the estimated eligible
expenditures reported under division (B)(3) of this section;

(8)
The portion of any tax credit issued that the applicant would like
issued to the property owner or to an insurance company, financial
institution, or other person based upon capital contributions that
have been made or will be made to the project;

(9)
Evidence that, but for the applicant's receipt of the credit, the
project will not be completed. If any portion of the project the
applicant seeks certification and preliminary approval for has
commenced construction, excluding brownfield remediation and
demolition, or the project has closed on construction financing, this
division's standard is not met and the project is not eligible for
certification and preliminary approval.

(C)(1)
In determining whether to certify a project that is the subject of an
application submitted under division (B) of this section, the
director of development shall consider the potential impact of the
transformational mixed use development on the project site in terms
of architecture, accessibility to pedestrians, retail entertainment
and dining sales, job creation, and revenue from sales, income,
lodging, and property taxes. The director shall not certify a project
unless it satisfies the following conditions:

(a)
The project qualifies as a transformational mixed use development
project and satisfies all other criteria prescribed by this section
or by rule of the director;

(b)
The estimated increase in tax collections from the project site
during the completion period exceeds ten per cent of the estimated
eligible expenditures for the project reported under division (B)(3)
of this section;

(c)
The applicant will not be able to (i) close on construction
financing, (ii) commence construction, excluding any brownfield
remediation or demolition that may have already been performed, and
(iii) complete the project unless the applicant receives the credit;

(d)
If the project site is located within ten miles of a major city, the
estimated eligible expenditures to complete the project exceed fifty
million dollars.

In
making a determination of whether or not to approve an application,
the director may conduct an interview of the applicant.

(2)
If the director of development approves an application, the director
shall issue a statement certifying the associated transformational
mixed use development project and preliminarily approving a tax
credit. The statement shall stipulate that issuance of a tax credit
certificate is contingent upon completion of the transformational
mixed use development project as described in the development plan
for the project. The statement shall specify the estimated amount of
the tax credit preliminarily approved and the amount of credit
preliminarily approved for each person identified in the application
pursuant to division (B)(8) of this section, but state that the
amount of the credit is dependent upon determination of the actual
eligible expenditures attributed to the project.

The
amount of the credit shall not exceed the amount applied for in the
application approved by the director.

(3)
The total estimated amount of the tax credit shall equal up to ten
per cent of the estimated eligible expenditures for the project as
reported in the project development plan pursuant to division (B) of
this section. The estimated credit amounts may be reduced by the
director of development as a condition of certifying the project if
such a reduction is necessary to comply with the limitations on the
amount of credits that may be preliminarily approved as prescribed by
division (C)(5) of this section. The estimated credit amounts shall
not be adjusted after the statement described in division (C)(2) of
this section has been issued, except as provided by division (G) of
this section.

(4)
If the director of development denies an application, the director
shall notify the applicant of the reason or reasons for such
determination. The director's determination is final, but an
applicant may revise and resubmit a previously denied application in
a future year.

(5)(a)
The director of development may not preliminarily approve more than
one hundred twenty-five million dollars of new estimated tax credits
in each of fiscal years 2026 and 2027. The director shall not
preliminarily approve any dollar amount of new estimated tax credits
under this section in any fiscal year after fiscal year 2027 unless
specifically authorized by an act of the general assembly.

Tax
credits preliminarily approved under this section in preceding fiscal
years and for which preliminary approval was rescinded in the fiscal
year immediately preceding the current fiscal year shall be available
for preliminary approval under this section in the current fiscal
year. Credit amounts available due to such rescission do not apply
towards the one hundred twenty-five million dollar limit prescribed
in this division.

(b)
Except as provided in division (C)(6) of this section, not more than
eighty-five million dollars of estimated new tax credits, plus an
amount equal to two-thirds of any credits for which preliminary
approval was rescinded in the preceding fiscal year, may be
preliminarily approved in connection with projects that are located
within ten miles of a major city in the current fiscal year.

(c)
Not more than twenty million dollars of estimated tax credits may be
preliminarily approved in connection with the same transformational
mixed use development project.

(6)
If, for the current fiscal year, the dollar amount of tax credits
applied for under division (B) of this section in connection with
projects that are not located within ten miles of a major city
exceeds forty million dollars, plus an amount equal to one-third of
any credits for which preliminary approval was rescinded in the
preceding fiscal year, the director of development shall rank those
applications and certify and preliminarily approve tax credits for
the associated projects in order, pursuant to division (C)(7) of this
section. If the dollar amount of tax credits applied for under
division (B) of this section in connection with such projects is less
than that amount, the difference shall be available for projects
within ten miles of a major city.

If,
for the current fiscal year, the dollar amount of tax credits applied
for in connection with projects located within ten miles of a major
city exceeds eighty-five million dollars, plus an amount equal to
two-thirds of any credits for which preliminary approval was
rescinded in the previous fiscal year and the amount of funds
initially reserved for projects more than ten miles from a major city
but unawarded to such projects, the director shall rank those
applications and certify the associated projects in order, pursuant
to division (C)(7) of this section.

(7)
When ranking is required under division (C)(6) of this section, the
director of development shall compare applicant projects that are
within ten miles of a major city to other applicant projects that are
within ten miles of a major city, and the director shall compare
applicant projects that are more than ten miles outside of a major
city with other applicant projects that are more than ten miles
outside of a major city. The director shall apply a point value to
applications according to the following criteria:

(a)
Up to ten points based on comparative measurement of physical scope
of the projects as measured by gross square footage of vertical
improvements including new construction and renovated space. The
largest project in terms of physical scope shall receive ten points
and the remaining projects shall receive points based on a percentage
basis in proportion to each project's relative size as compared to
the largest project in that location category, by gross square
footage
;
.

(b)
Up to five points based on a comparative measurement of the density
of the new project as measured by a building to land ratio using the
gross square footage of new construction and renovated space and the
gross land square footage of the project parcels excluding submerged
land. The highest ratio in terms of building to land ratio shall
receive five points and the remaining projects shall receive points
based on a percentage basis in proportion to each project's relative
ratio as compared to the highest project ratio
;
.

(c)
Up to ten points based on an evaluation of the distribution of
project end uses, with preference given to projects with greater
variety and distribution of uses;

(d)
Up to fourteen points based on the project's receipt of necessary
government approvals and local support, available as follows:

(i)
Two points for zoning approval or evidence, in the form of a letter
from the governmental body with jurisdiction over the zoning of the
project site, that the project site already has the necessary zoning
for the project;

(ii)
Two points for planning commission approval or evidence that planning
commission approval is not required;

(iii)
Two points available for existing utility connections or commitments
to establish utility connections including water, sewer, sanitary
storm, and electric documented by utility service letters;

(iv)
Two points for an approved and executed development agreement with
each municipal corporation or township in which the development
project is proposed;

(v)
Two points for approved construction drawings and issuance of
construction permits for the entirety of the scope of work set forth
in the application;

(vi)
Up to two points available for letters in support of the project and
the application. One point is available for a letter in support of
the project and the application from the mayor, city manager, or
other chief executive of each municipal corporation or township, and
one point is available for a letter in support of the project and the
application from the chief executive of each county, where the
development project is to be located
;
.

(vii)
Two points available for documented financial support for the project
from each municipal corporation or township in which the project is
located, which may include tax increment financing or creation of a
community reinvestment area under section 3735.66 of the Revised
Code.

(e)
Up to ten points based on the committed funding sources as a
percentage of total development costs. A project that has funding
commitments for all projected development costs shall receive ten
points, and projects with funding commitments for less than all
projected development costs shall receive a number of points based on
the relative amount of committed funding compared to total
development costs of the given project.

The
funding commitments may take into account the monetized value of the
certificate applied for under this section so long as the applicant
provides a letter of intent or commitment to purchase that
certificate if issued. Letters of intent or loan commitments are
required to earn points for any financing that is a funding source in
this category and any such letter of intent or loan commitment may be
subject to the receipt of an award under this section.

(f)
Up to five points based on purchase or lease commitments from end
users for the space created by the project. Projects that have
received commitments for all space shall receive five points, and
projects with less than all end users committed shall be allocated
points based on the relative square footage of committed space
compared to total project square footage.

(g)
Up to ten points for projects in areas of higher relative walkability
as measured by the United States environmental protection agency's
walkability index for the project's census tract with projects in
areas designated as the highest level of walkability receiving ten
points and projects in areas with lower levels of walkability
receiving proportional points;

(h)
Up to five points based on a comparative measurement of total retail,
entertainment, and dining sales to be generated by the project.
Projects generating the largest return on investment shall receive
five points, and the remaining projects shall be allocated points
based on relative return on investment in comparison to the highest
scoring project in this category.

(i)
Up to five points based on a comparative measurement of the total new
payroll to be generated by the project. Projects generating the
largest return on investment shall receive five points, and remaining
projects shall be allocated points based on relative return on
investment in comparison to the highest scoring project in this
category.

(j)
Up to twenty points based on a comparative measurement of the total
sales, income, lodging, and property taxes to be generated by the
project. Projects generating the largest return on investment shall
receive twenty points, and remaining projects shall be allocated
points based on relative return on investment in comparison to the
highest scoring project in this category.

(k)
Up to six points for community impacts, available as follows:

(i)
Two points for evidence that the project supports the vision and
goals stated in the local master plan or other economic development
strategy adopted by the local jurisdiction
.
;

(ii)
Two points for the projects that provide community gathering, event,
park, or other similar space open to the public. Projects that
incorporate public space that accounts for ten per cent or more
public space relative to the total square footage of all project end
uses will receive two points. Projects that incorporate public space
that accounts for less than ten per cent but greater than zero per
cent public space relative to the total square footage of all project
end uses will receive one point.

(iii)
Two points for projects that include remediation of a brownfield or
the rehabilitation of a building or structure that is one hundred per
cent vacant for the twelve months immediately preceding the date of
application. As used in this division "brownfield" has the
same meaning as in section 122.6511 of the Revised Code.

(8)
When calculating the economic impact of a project previously
completed and future phases of a phased development are not permitted
to be included in the economic impact analysis or scoring.

(D)
Within twelve months of the date a project is certified, the property
owner shall provide the director of development with an updated
schedule for the progression and completion of the project and
documentation sufficient to demonstrate that construction of the
project has begun. If the property owner does not provide the
schedule and documentation or if construction of the project has not
begun within the time prescribed by this division, the director shall
rescind certification of the project and send notice of the
rescission to the property owner. A property owner that receives
notice of rescission may submit a new application concerning the same
project under division (B) of this section.

(E)
An applicant that is preliminarily approved for a tax credit under
this section may sell or transfer the rights to all or a portion of
that credit to one or more persons. The applicant shall notify the
tax credit authority upon selling or transferring the rights to the
credit. The notice shall identify the person or persons to which the
credit was sold or transferred and the credit amount sold or
transferred to each such person. A credit may be divided among
multiple purchasers through more than one transaction and any person
to whom the right to claim all or a portion of a credit was
transferred may transfer that right, in whole or in part, to another
person.

(F)(1)
The property owner shall notify the director of development upon
completion of a certified transformational mixed use development
project. The notification shall include a report prepared by a
third-party certified public accountant that contains a detailed
accounting of the actual development costs and eligible expenditures
attributed to the project.

(2)
Upon receiving such a notice, the director of development shall issue
a tax credit certificate to each applicant, or other person
identified in the application pursuant to division (B)(8) of this
section, that is preliminarily approved for a credit associated with
the project.

(G)
The value of the tax credit certificates issued in connection with
the transformational mixed use development project shall be computed
as the lesser of the amount preliminarily approved for the tax credit
or ten per cent of the actual eligible expenditures attributed to the
project
.

(H)
The aggregate value of all tax credit certificates issued under this
section for the same transformational mixed use development project
shall not exceed (1) ten per cent of the actual eligible expenditures
of that project or (2) the estimated credit amount preliminarily
approved by the director of development in connection with the
project.

(I)
Issuance of a tax credit certificate under this section does not
represent a verification or certification by the director of
development of the actual eligible expenditures of the project. Such
amounts are subject to inspection and examination by other state
agencies.

(J)
Upon the issuance of a tax credit certificate under this section, the
director of development shall certify to the superintendent of
insurance and the tax commissioner (1) the name of each person that
was issued a tax credit certificate, (2) whether a person acquired
the rights to the tax credit certificate from the property owner,
and

(3)
the credit amount shown on each tax credit certificate
,
and (4) any other information required by the rules adopted under
this section
.
A person that holds the rights to a tax credit certificate issued
under this section may claim a tax credit under section 5725.35,
5726.62, 5729.18, or 5747.87 of the Revised Code, subject to any
limitations in those sections.

(K)
The director of development shall publish information about each
transformational mixed use development on the web site of the
department of development not later than the first day of August
following certification of the project. The director shall update the
published information annually until the project is complete and the
credit or credits are fully claimed. The published information shall
include all of the following:

(1)
The location of the transformational mixed use development and the
name by which it is known;

(2)
The estimated schedule for progression and completion of the project
included in the development plan pursuant to division (B)(4) of this
section;

(3)
The assessment of the projected economic impact of the project
included in the development plan pursuant to division (B)(5) of this
section;

(4)
The evidence supporting the estimated increase in tax collections
included in the development plan pursuant to division (B)(6) of this
section, except that the director may omit any proprietary or
sensitive information included in such evidence;

(5)
The estimated eligible expenditures that have been or will be
incurred in completion of the project;

(6)
A copy of each report submitted to the director of development by the
applicant under division (D) of this section.

(L)
The director of development, in accordance with Chapter 119. of the
Revised Code, shall adopt rules that establish all of the following:

(1)
Forms and procedures by which applicants may apply for a
transformational mixed use development tax credit, and any deadlines
for applying;

(2)
Criteria and procedures for reviewing, evaluating, ranking, and
approving applications within the limitations prescribed by this
section, including rules prescribing the timing and frequency by
which the director of development must rank applications and
preliminarily approve tax credits under division (C) of this section;

(3)
Eligibility requirements for obtaining a tax credit certificate under
this section;

(4)
The form of the tax credit certificate;

(5)
Reporting requirements and monitoring procedures;

(6)
Procedures for computing the increase in tax collections within the
project site
;

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

Sec.
122.154.
(A)
Each rural business growth fund shall submit a report to the
department of development on or before the first day of each March
following the end of the calendar year that includes the closing date
until the calendar year after the fund has decertified. The report
shall provide an itemization of the fund's growth investments and
shall include the following documents and information:

(1)
A bank statement evidencing each growth investment;

(2)
The name, location, and industry class of each business that received
a growth investment from the fund and evidence that the business
qualified as a rural business concern at the time the investment was
made. If the fund obtained a written opinion from the agency on the
business's status as a rural business concern under section 122.156
of the Revised Code, or if the fund makes a written request for such
an opinion and the agency failed to respond within thirty days as
required by that section, a copy of the agency's favorable opinion or
a dated copy of the fund's unanswered request, as applicable, shall
be sufficient evidence that the business qualified as a rural
business concern at the time the investment was made.

(3)
The number of employment positions that existed at each business
described in division (A)(2) of this section on the date the business
received the growth investment;

(4)
The number of new full-time equivalent employees resulting from each
of the fund's growth investments made or maintained in the preceding
calendar year;

(5)
Any other information required by the agency.

(B)
Each fund shall submit a report to the agency on or before the fifth
business day after the first, second, and for program two funds,
third anniversaries of the closing date that provides documentation
sufficient to prove that the fund has met the investment thresholds
described in division (A) of section 122.153 of the Revised Code and
has not implicated any of the other recapture provisions described in
division (B) of that section.

(C)
Each certified rural business growth fund shall pay the agency an
annual fee of twenty thousand dollars. The initial annual fee
required of a fund shall be due and payable to the agency along with
the submission of documentation required under division (H) of
section 122.151 of the Revised Code. Each subsequent annual fee is
due and payable on the last day of February following the first and
each ensuing anniversary of the closing date. If the fund is required
to submit an annual report under division (A) of this section, the
annual fee shall be submitted along with the report. No fund shall be
required to pay an annual fee after the fund has decertified under
section 122.153 of the Revised Code. Annual fees paid to the agency
under this section shall be credited to the tax incentives operating
fund created under section 122.174 of the Revised Code.

(D)
The director of development, after consultation with the
superintendent of insurance and in accordance with Chapter 119. of
the Revised Code, may adopt rules necessary to implement sections
122.15 to 122.156 of the Revised Code.

Sec.
122.16.
(A)
As used in this section:

(1)
"Distressed area" means either a municipal corporation that
has a population of at least fifty thousand according to the most
recent federal decennial census published by the United States census
bureau, or a county, that meets at least two of the following
criteria:

(a)
Its average rate of unemployment, during the most recent five-year
period for which local area unemployment statistics published by the
United States bureau of labor statistics are available, as of the
date the most recent federal decennial census was published, is equal
to or greater than one hundred twenty-five per cent of the average
rate of unemployment for the United States for the same period.

(b)(i)
In the case of a county, its per capita personal income is equal to
or less than eighty per cent of the per capita personal income of the
United States as determined by the most recently available data from
the United States department of commerce, bureau of economic analysis
as of the date the most recent federal decennial census was
published.

(ii)
In the case of a municipal corporation, its per capita income is
equal to or less than eighty per cent of the per capita income of the
United States as determined by the most recently available five-year
estimates published in the American community survey as of the date
the most recent federal decennial census was published.

(c)(i)
In the case of a county, its ratio of personal current transfer
receipts to total personal income is equal to or greater than
twenty-five per cent, as determined by the most recently available
data from the United States department of commerce, bureau of
economic analysis as of the date the most recent federal decennial
census was published.

(ii)
In the case of a municipal corporation, the percentage of its
residents with incomes below the official poverty line is equal to or
greater than twenty per cent as determined by the most recently
available five-year estimates published in the American community
survey as of the date the most recent federal decennial census was
published.

If
a federal agency ceases to publish the applicable data described in
division (A)(1) of this section, the director of development shall
designate, on the department of development's web site, an
alternative source of the applicable data published by a federal
agency or, if no such source is available, another reliable source.

(2)
"Eligible area" means a distressed area, a labor surplus
area, an inner city area, or a situational distress area.

(3)
"Eligible costs associated with a voluntary action" means
costs incurred during the qualifying period in performing a remedy or
remedial activities, as defined in section 3746.01 of the Revised
Code, and any costs incurred during the qualifying period in
performing both a phase I and phase II property assessment, as
defined in the rules adopted under section 3746.04 of the Revised
Code, provided that the performance of the phase I and phase II
property assessment resulted in the implementation of the remedy or
remedial activities.

(4)
"Inner city area" means, in a municipal corporation that
has a population of at least one hundred thousand and does not meet
the criteria of a labor surplus area or a distressed area, targeted
investment areas established by the municipal corporation within its
boundaries that are comprised of the most recent census block tracts
that individually have at least twenty per cent of their population
at or below the state poverty level or other census block tracts
contiguous to such census block tracts.

(5)
"Labor surplus area" means an area designated as a labor
surplus area by the United States department of labor.

(6)
"Official poverty line" has the same meaning as in division
(A) of section 3923.51 of the Revised Code.

(7)
"Partner" includes a member of a limited liability company
formed under
former

Chapter
1705.
of
the Revised Code, as that chapter existed prior to February 11, 2022,

or

Chapter

1706.
of the Revised Code or under the laws of any other state if the
limited liability company is not treated as a corporation for
purposes of Chapter 5733. of the Revised Code and is not classified
as an association taxable as a corporation for federal income tax
purposes.

(8)
"Partnership" includes a limited liability company formed
under

former

Chapter 1705.
of
the Revised Code, as that chapter existed prior to February 11, 2022,

or

Chapter

1706.
of the Revised Code or under the laws of any other state if the
limited liability company is not treated as a corporation for
purposes of Chapter 5733. of the Revised Code and is not classified
as an association taxable as a corporation for federal income tax
purposes.

(9)
"Qualifying period" means the period that begins July 1,
1996, and ends June 30, 1999.

(10)
"S corporation" means a corporation that has made an
election under subchapter S of chapter one of subtitle A of the
Internal Revenue Code for its taxable year under the Internal Revenue
Code;

(11)
"Situational distress area" means a county or a municipal
corporation that has experienced or is experiencing a closing or
downsizing of a major employer that will adversely affect the economy
of the county or municipal corporation. In order for a county or
municipal corporation to be designated as a situational distress
area, the governing body of the county or municipal corporation shall
submit a petition to the director of development in the form
prescribed by the director. A county or municipal corporation may be
designated as a situational distress area for a period not exceeding
thirty-six months.

The
petition shall include written documentation that demonstrates all of
the following:

(a)
The number of jobs lost by the closing or downsizing;

(b)
The impact that the job loss has on the unemployment rate of the
county or municipal corporation as measured by the director of job
and family services;

(c)
The annual payroll associated with the job loss;

(d)
The amount of state and local taxes associated with the job loss;

(e)
The impact that the closing or downsizing has on the suppliers
located in the county or municipal corporation.

(12)
"Voluntary action" has the same meaning as in section
3746.01 of the Revised Code.

(13)
"Taxpayer" means a corporation subject to the tax imposed
by section 5733.06 of the Revised Code or any person subject to the
tax imposed by section 5747.02 of the Revised Code.

(14)
"Governing body" means the board of county commissioners of
a county, the board of township trustees of a township, or the
legislative authority of a municipal corporation.

(15)
"Eligible site" means property for which a covenant not to
sue has been issued under section 3746.12 of the Revised Code.

(16)
"American community survey" means the supplementary
statistics collected and published annually by the United States
census bureau in accordance with 13 U.S.C. 141 and 193.

(B)(1)
A taxpayer, partnership, or S corporation that has been issued, under
section 3746.12 of the Revised Code, a covenant not to sue for a site
by the director of environmental protection during the qualifying
period may apply to the director of development, in the manner
prescribed by the director, to enter into an agreement under which
the applicant agrees to economically redevelop the site in a manner
that will create employment opportunities and a credit will be
granted to the applicant against the tax imposed by section 5733.06
or 5747.02 of the Revised Code. The application shall state the
eligible costs associated with a voluntary action incurred by the
applicant. The application shall be accompanied by proof, in a form
prescribed by the director of development, that the covenant not to
sue has been issued.

The
applicant shall request the certified professional that submitted the
no further action letter for the eligible site under section 3746.11
of the Revised Code to submit an affidavit to the director of
development verifying the eligible costs associated with the
voluntary action at that site.

The
director shall review the applications in the order they are
received. If the director determines that the applicant meets the
requirements of this section, the director may enter into an
agreement granting a credit against the tax imposed by section
5733.06 or 5747.02 of the Revised Code. In making the determination,
the director may consider the extent to which political subdivisions
and other units of government will cooperate with the applicant to
redevelop the eligible site. The agreement shall state the amount of
the tax credit and the reporting requirements described in division
(F) of this section.

(2)
The maximum annual amount of credits the director of development may
grant under such agreements shall be as follows:

1996
$5,000,000

1997
$10,000,000

1998
$10,000,000

1999
$5,000,000

For
any year in which the director of development does not grant tax
credits under this section equal to the maximum annual amount, the
amount not granted for that year shall be added to the maximum annual
amount that may be granted for the following year. However, the
director shall not grant any tax credits under this section after
June 30, 1999.

(C)(1)
If the covenant not to sue was issued in connection with a site that
is not located in an eligible area, the credit amount is equal to the
lesser of five hundred thousand dollars or ten per cent of the
eligible costs associated with a voluntary action incurred by the
taxpayer, partnership, or S corporation.

(2)
If a covenant not to sue was issued in connection with a site that is
located in an eligible area, the credit amount is equal to the lesser
of seven hundred fifty thousand dollars or fifteen per cent of the
eligible costs associated with a voluntary action incurred by the
taxpayer, partnership, or S corporation.

(3)
A taxpayer, partnership, or S corporation that has been issued
covenants not to sue under section 3746.12 of the Revised Code for
more than one site may apply to the director of development to enter
into more than one agreement granting a credit against the tax
imposed by section 5733.06 or 5747.02 of the Revised Code.

(4)
For each year for which a taxpayer, partnership, or S corporation has
been granted a credit under an agreement entered into under this
section, the director of development shall issue a certificate to the
taxpayer, partnership, or S corporation indicating the amount of the
credit the taxpayer, the partners of the partnership, or the
shareholders of the S corporation may claim for that year, not
including any amount that may be carried forward from previous years
under section 5733.34 of the Revised Code.

(D)(1)
Each agreement entered into under this section shall incorporate a
commitment by the taxpayer, partnership, or S corporation not to
permit the use of an eligible site to cause the relocation of
employment positions to that site from elsewhere in this state,
except as otherwise provided in division (D)(2) of this section. The
commitment shall be binding on the taxpayer, partnership, or S
corporation for the lesser of five years from the date the agreement
is entered into or the number of years the taxpayer, partnership, or
S corporation is entitled to claim the tax credit under the
agreement.

(2)
An eligible site may be the site of employment positions relocated
from elsewhere in this state if the director of development
determines both of the following:

(a)
That the site from which the employment positions would be relocated
is inadequate to meet market and industry conditions, expansion
plans, consolidation plans, or other business considerations
affecting the relocating employer;

(b)
That the governing body of the county, township, or municipal
corporation from which the employment positions would be relocated
has been notified of the possible relocation.

For
purposes of this section, the movement of an employment position from
one political subdivision to another political subdivision shall be
considered a relocation of an employment position, but the transfer
of an individual employee from one political subdivision to another
political subdivision shall not be considered a relocation of an
employment position as long as the individual's employment position
in the first political subdivision is refilled.

(E)
A taxpayer, partnership, or S corporation that has entered into an
agreement granting a credit against the tax imposed by section
5733.06 or 5747.02 of the Revised Code that subsequently recovers in
a lawsuit or settlement of a lawsuit at least seventy-five per cent
of the eligible costs associated with a voluntary action shall not
claim any credit amount remaining, including any amounts carried
forward from prior years, beginning with the taxable year in which
the judgment in the lawsuit is entered or the settlement is finally
agreed to.

Any
amount of credit that a taxpayer, partnership, or S corporation may
not claim by reason of this division shall not be considered to have
been granted for the purpose of determining the total amount of
credits that may be issued under division (B)(2) of this section.

(F)
Each year for which a taxpayer, partnership, or S corporation claims
a credit under section 5733.34 of the Revised Code, the taxpayer,
partnership, or S corporation shall report the following to the
director of development:

(1)
The status of all cost recovery litigation described in division (E)
of this section to which it was a party during the previous year;

(2)
Confirmation that the covenant not to sue has not been revoked or has
not been voided;

(3)
Confirmation that the taxpayer, partnership, or S corporation has not
permitted the eligible site to be used in such a manner as to cause
the relocation of employment positions from elsewhere in this state
in violation of the commitment required under division (D) of this
section;

(4)
Any other information the director of development requires to perform
the director's duties under this section.

(G)
The director of development shall annually certify, by the first day
of January of each year during the qualifying period, the eligible
areas for the calendar year that includes that first day of January.

(H)
The director of development, in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this section,
including rules prescribing forms required for administering this
section.

Sec.
122.17.
(A)
As used in this section:

(1)
"Payroll" means the total taxable income paid by the
employer during the employer's taxable year, or during the calendar
year that includes the employer's tax period, to each employee or
each home-based employee employed in the project to the extent such
payroll is not used to determine the credit under section 122.171 of
the Revised Code. "Payroll" excludes amounts paid before
the day the taxpayer becomes eligible for the credit and retirement
or other benefits paid or contributed by the employer to or on behalf
of employees.

(2)
"Baseline payroll" means Ohio employee payroll, except that
the applicable measurement period is the twelve months immediately
preceding the date the tax credit authority approves the taxpayer's
application or the date the tax credit authority receives the
recommendation described in division (C)(2)(a) of this section,
whichever occurs first, multiplied by the sum of one plus an annual
pay increase factor to be determined by the tax credit authority.

(3)
"Ohio employee payroll" means the amount of compensation
used to determine the withholding obligations in division (A) of
section 5747.06 of the Revised Code and paid by the employer during
the employer's taxable year, or during the calendar year that
includes the employer's tax period, to the following:

(a)
An employee employed in the project who is a resident of this state
including a qualifying work-from-home employee not designated as a
home-based employee by an applicant under division (C)(1) of this
section;

(b)
An employee employed at the project location who is not a resident
and whose compensation is not exempt from the tax imposed under
section 5747.02 of the Revised Code pursuant to a reciprocity
agreement with another state under division (A)(3) of section 5747.05
of the Revised Code;

(c)
A home-based employee employed in the project.

"Ohio
employee payroll" excludes any such compensation to the extent
it is used to determine the credit under section 122.171 of the
Revised Code, and excludes amounts paid before the day the taxpayer
becomes eligible for the credit under this section.

(4)
"Excess payroll" means Ohio employee payroll minus baseline
payroll.

(5)
"Home-based employee" means an employee whose services are
performed primarily from the employee's residence in this state
exclusively for the benefit of the project and whose rate of pay is
at least one hundred thirty-one per cent of the federal minimum wage
under 29 U.S.C. 206.

(6)
"Full-time equivalent employees" means the quotient
obtained by dividing the total number of hours for which employees
were compensated for employment in the project by two thousand
eighty. "Full-time equivalent employees" excludes hours
that are counted for a credit under section 122.171 of the Revised
Code.

(7)
"Metric evaluation date" means the date by which the
taxpayer must meet all of the commitments included in the agreement.

(8)
"Qualifying work-from-home employee" means an employee who
is a resident of this state and whose services are supervised from
the employer's project location and performed primarily from a
residence of the employee located in this state.

(9)
"Resident" or "resident of this state" means an
individual who is a resident as defined in section 5747.01 of the
Revised Code.

(10)
"Reporting period" means a period corresponding to the
annual report required under division (D)(6) of this section.

(11)
"Megaproject" means a project in this state that meets all
of the following requirements:

(a)
At least one of the following applies:

(i)
The project requires unique sites, extremely robust utility service,
and a technically skilled workforce.

(ii)
The megaproject operator of the project has its corporate
headquarters in the United States, incurs more than fifty per cent of
its research and development expenses in the United States in the
year preceding the date the tax credit authority approves the project
for a credit under this section, and builds and operates
semiconductor wafer manufacturing factories in this state or intends
to do so by the metric evaluation date applicable to the megaproject
operator.

(b)
The megaproject operator of the project agrees, in an agreement with
the tax credit authority under division (D) of this section, that, on
and after the metric evaluation date applicable to the megaproject
operator and until the end of the last year for which the megaproject
qualifies for the credit authorized under this section, the
megaproject operator will compensate the project's employees at an
average hourly wage of at least three hundred per cent of the federal
minimum wage under 29 U.S.C. 206, exclusive of employee benefits, as
determined at the time the tax credit authority approves the project
for a credit under this section.

(c)
The megaproject operator agrees, in an agreement with the tax credit
authority under division (D) of this section, to satisfy either of
the following by the metric evaluation date applicable to the
project:

(i)
The megaproject operator makes at least one billion dollars, as
adjusted under division (V)(1) of this section, in fixed-asset
investments in the project.

(ii)
The megaproject operator creates at least seventy-five million
dollars, as adjusted under division (V)(1) of this section, in Ohio
employee payroll at the project.

(d)
The megaproject operator agrees, in an agreement with the tax credit
authority under division (D) of this section, that if the project
satisfies division (A)(11)(c)(ii) of this section, then, on and after
the metric evaluation date and until the end of the last year for
which the megaproject qualifies for the credit authorized under this
section, the megaproject operator will maintain at least the amount
in Ohio employee payroll at the project required under that division
for each year in that period.

(12)
"Megaproject operator" means a taxpayer that, separately or
collectively with other taxpayers, undertakes and operates a
megaproject. Such a taxpayer becomes a megaproject operator effective
the first day of the calendar year in which the taxpayer and the tax
credit authority enter into an agreement under division (D) of this
section with respect to the megaproject. More than one taxpayer may
be designated by the tax credit authority as a megaproject operator
for the same megaproject.

(13)
"Megaproject supplier" means a supplier in this state that
meets either or both of the following requirements:

(a)
The supplier sells tangible personal property directly to a
megaproject operator of a megaproject that satisfies the criteria
described in division (A)(11)(a)(ii) of this section for use at a
megaproject site, provided that such property was subject to
substantial manufacturing, assembly, or processing in this state at a
facility owned or operated by the supplier;

(b)
The supplier sells tangible personal property directly to a
megaproject operator for use at a megaproject site, provided that the
supplier agrees, in an agreement with the tax credit authority under
division (D) of this section, to meet all of the following
requirements:

(i)
By the metric evaluation date applicable to the supplier, makes at
least one hundred million dollars, as adjusted under division (V)(2)
of this section, in fixed-asset investments in this state;

(ii)
By the metric evaluation date applicable to the supplier, creates at
least ten million dollars, as adjusted under division (V)(2) of this
section, in Ohio employee payroll;

(iii)
On and after the metric evaluation date applicable to the supplier,
until the end of the last year for which the supplier qualifies for
the credit authorized under this section, maintains at least the
amount in Ohio employee payroll required under division
(A)(13)(b)(ii) of this section for each year in that period.

(B)
The tax credit authority may make grants under this section to foster
job creation in this state. Such a grant shall take the form of a
refundable credit allowed against the tax imposed by section 5725.18,
5726.02, 5729.03, 5733.06, 5736.02, or 5747.02 or levied under
Chapter 5751. of the Revised Code. The credit shall be claimed for
the taxable years or tax periods specified in the taxpayer's
agreement with the tax credit authority under division (D) of this
section. With respect to taxes imposed under section 5726.02,
5733.06, or 5747.02 or Chapter 5751. of the Revised Code, the credit
shall be claimed in the order required under section 5726.98,
5733.98, 5747.98, or 5751.98 of the Revised Code. The amount of the
credit available for a taxable year or for a calendar year that
includes a tax period equals the excess payroll for that year
multiplied by the percentage specified in the agreement with the tax
credit authority.

(C)(1)
A taxpayer or potential taxpayer who proposes a project to create new
jobs in this state may apply to the tax credit authority to enter
into an agreement for a tax credit under this section.

An
application shall not propose to include both home-based employees
and employees who are not home-based employees in the computation of
Ohio employee payroll for the purposes of the same tax credit
agreement, except that a qualifying work-from-home employee shall not
be considered to be a home-based employee unless so designated by the
applicant. If a taxpayer or potential taxpayer employs both
home-based employees and employees who are not home-based employees
in a project, the taxpayer shall submit separate applications for
separate tax credit agreements for the project, one of which shall
include home-based employees in the computation of Ohio employee
payroll and one of which shall include all other employees in the
computation of Ohio employee payroll.

The
director of development shall prescribe the form of the application.
After receipt of an application, the authority may enter into an
agreement with the taxpayer for a credit under this section if it
determines all of the following:

(a)
The taxpayer's project will increase payroll;

(b)
The taxpayer's project is economically sound and will benefit the
people of this state by increasing opportunities for employment and
strengthening the economy of this state;

(c)
Receiving the tax credit is a major factor in the taxpayer's decision
to go forward with the project.

(2)(a)
A taxpayer that chooses to begin the project prior to receiving the
determination of the authority may, upon submitting the taxpayer's
application to the authority, request that the chief investment
officer of the nonprofit corporation formed under section 187.01 of
the Revised Code and the director review the taxpayer's application
and recommend to the authority that the taxpayer's application be
considered. As soon as possible after receiving such a request, the
chief investment officer and the director shall review the taxpayer's
application and, if they determine that the application warrants
consideration by the authority, make that recommendation to the
authority not later than six months after the application is received
by the authority.

(b)
The authority shall consider any taxpayer's application for which it
receives a recommendation under division (C)(2)(a) of this section.
If the authority determines that the taxpayer does not meet all of
the criteria set forth in division (C)(1) of this section, the
authority and the department of development shall proceed in
accordance with rules adopted by the director pursuant to division
(I) of this section.

(D)
An agreement under this section shall include all of the following:

(1)
A detailed description of the project that is the subject of the
agreement;

(2)(a)
The term of the tax credit, which, except as provided in division
(D)(2)(b) or (C) of this section, shall not exceed fifteen years, and
the first taxable year, or first calendar year that includes a tax
period, for which the credit may be claimed;

(b)
If the tax credit is computed on the basis of home-based employees,
the term of the credit shall expire on or before the last day of the
taxable or calendar year ending before the beginning of the seventh
year after September 6, 2012, the effective date of H.B. 327 of the
129th general assembly.

(c)
If the taxpayer is a megaproject operator or a megaproject supplier
that meets the requirements described in division (A)(13)(b) of this
section, the term of the tax credit shall not exceed thirty years.

(3)
A requirement that the taxpayer shall maintain operations at the
project location for at least the greater of seven years or the term
of the credit plus three years;

(4)
The percentage, as determined by the tax credit authority, of excess
payroll that will be allowed as the amount of the credit for each
taxable year or for each calendar year that includes a tax period;

(5)
The pay increase factor to be applied to the taxpayer's baseline
payroll;

(6)
A requirement that the taxpayer annually shall report to the director
of development full-time equivalent employees, payroll, Ohio employee
payroll, investment, the provision of health care benefits and
tuition reimbursement if required in the agreement, and other
information the director needs to perform the director's duties under
this section;

(7)
A requirement that the director of development annually review the
information reported under division (D)(6) of this section and verify
compliance with the agreement; if the taxpayer is in compliance, a
requirement that the director issue a certificate to the taxpayer
stating that the information has been verified and identifying the
amount of the credit that may be claimed for the taxable or calendar
year. If the taxpayer is a megaproject supplier, the director shall
issue such a certificate to the megaproject supplier and to any
megaproject operator (a) to which the megaproject supplier directly
sells tangible personal property and (b) that is authorized to claim
the credit pursuant to division (D)(10) of this section.

(8)
A provision providing that the taxpayer may not relocate a
substantial number of employment positions from elsewhere in this
state to the project location unless the director of development
determines that the legislative authority of the county, township, or
municipal corporation from which the employment positions would be
relocated has been notified by the taxpayer of the relocation.

For
purposes of this section, the movement of an employment position from
one political subdivision to another political subdivision shall be
considered a relocation of an employment position unless the
employment position in the first political subdivision is replaced.
The movement of a qualifying work-from-home employee to a different
residence located in this state or to the project location shall not
be considered a relocation of an employment position.

(9)
If the tax credit is computed on the basis of home-based employees,
that the tax credit may not be claimed by the taxpayer until the
taxable year or tax period in which the taxpayer employs at least two
hundred employees more than the number of employees the taxpayer
employed on June 30, 2011;

(10)
If the taxpayer is a megaproject supplier, the percentage of the
annual tax credit certified under division (D)(7) of this section, up
to one hundred per cent, that may be claimed by each megaproject
operator to which the megaproject supplier directly sells tangible
personal property, rather than by that megaproject supplier, on the
condition that the megaproject operator continues to qualify as a
megaproject operator;

(11)
If the taxpayer is a megaproject operator or megaproject supplier, a
requirement that the taxpayer meet and maintain compliance with all
thresholds and requirements to which the taxpayer agreed, pursuant to
division (A)(11) or (13) of this section, respectively, as a
condition of the operator's project qualifying as a megaproject or
the supplier qualifying as a megaproject supplier until the end of
the last year for which the taxpayer qualifies for the credit
authorized under this section. In each year that a megaproject
operator or megaproject supplier is subject to an agreement with the
tax credit authority under this section and meets the requirements of
this division, the director of development shall issue a certificate
to the megaproject operator or megaproject supplier stating that the
megaproject operator or megaproject supplier continues to meet those
requirements.

(12)
If the taxpayer is a megaproject operator, a requirement that the
megaproject operator submit, in a form acceptable to the director of
development, an economic impact report with respect to each
megaproject for which the megaproject operator is designated,
summarizing all of the following for the reporting year:

(a)
The aggregate amount of purchases made by the megaproject operator
for such megaproject from megaproject suppliers;

(b)
The aggregate amount of purchases made by the megaproject operator
for such megaproject from suppliers other than megaproject suppliers;

(c)
A summary of the construction activity for any facilities at the site
of the megaproject in that year;

(d)
The aggregate amount expended by the megaproject operator on research
and development at the site of the megaproject in that year;

(e)
The number of employees working at the site of the megaproject and
the counties in which those employees reside;

(f)
A summary of the supply chain activity in support of the megaproject,
including a list of the twenty-five suppliers with a physical
presence in Ohio from which the megaproject operator made the most
purchases in that year.

The
economic impact report shall be due on or before the first day of
July of each year, beginning in the year specified in the agreement
with the tax credit authority. The information required in the report
shall be certified as true and correct by an officer of the
megaproject operator. If there is more than one megaproject operator
designated for a single megaproject, all of the megaproject operators
designated for the megaproject may jointly submit a single report.
Any information contained in the report is a public record for
purposes of section 149.43 of the Revised Code and shall be published
on the department of development's web site.

(E)(1)
If a taxpayer fails to meet or comply with any condition or
requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term of
the tax credit. The reduction of the percentage or term may take
effect in the current taxable or calendar year.

(2)
If the tax credit authority determines that a taxpayer that is a
megaproject operator of a megaproject described in division
(A)(11)(a)(ii) of this section is not fully compliant with the
requirements of the agreement, the authority may impose a recoupment
payment on the taxpayer in accordance with the following:

(a)
If, on the metric evaluation date, the taxpayer fails to
substantially meet the capital investment, full-time equivalent
employee, or payroll requirements included in the agreement, an
amount determined at the discretion of the authority, not to exceed
the sum of the following for all years prior to the metric evaluation
date: (i) the amount of taxes that would have been imposed under
Chapters 5739. and 5741. of the Revised Code in the absence of the
agreement, and (ii) the amount of taxes that would have been imposed
under Chapter 5751. of the Revised Code on receipts realized from
sales to the taxpayer in the absence of the agreement;

(b)
If the taxpayer fails to substantially maintain the capital
investment, full-time equivalent employee, or payroll requirements
included in the agreement in any year after the metric evaluation
date, an amount determined at the discretion of the authority, not to
exceed the sum of the following for the calendar year in which
taxpayer failed to meet the requirements: (i) the amount of taxes
that would have been imposed under Chapters 5739. and 5741. of the
Revised Code in the absence of the agreement, and (ii) the amount of
taxes that would have been imposed under Chapter 5751. of the Revised
Code on receipts realized from sales to the taxpayer in the absence
of the agreement.

(3)
The tax credit authority may, subject to any requirements of the tax
credit agreement, take into consideration the taxpayer's prior
performance and any market conditions impacting the taxpayer when
determining the amount of the recoupment payment described in
division (E)(2) of this section.

(F)
Projects that consist solely of point-of-final-purchase retail
facilities are not eligible for a tax credit under this section. If a
project consists of both point-of-final-purchase retail facilities
and nonretail facilities, only the portion of the project consisting
of the nonretail facilities is eligible for a tax credit and only the
excess payroll from the nonretail facilities shall be considered when
computing the amount of the tax credit. If a warehouse facility is
part of a point-of-final-purchase retail facility and supplies only
that facility, the warehouse facility is not eligible for a tax
credit. Catalog distribution centers are not considered
point-of-final-purchase retail facilities for the purposes of this
division, and are eligible for tax credits under this section.

(G)
Financial statements and other information submitted to the
department of development or the tax credit authority by an applicant
or recipient of a tax credit under this section, and any information
taken for any purpose from such statements or information, are not
public records subject to section 149.43 of the Revised Code.
However, the chairperson of the authority may make use of the
statements and other information for purposes of issuing public
reports or in connection with court proceedings concerning tax credit
agreements under this section. Upon the request of the tax
commissioner or, if the applicant or recipient is an insurance
company, upon the request of the superintendent of insurance, the
chairperson of the authority shall provide to the commissioner or
superintendent any statement or information submitted by an applicant
or recipient of a tax credit in connection with the credit. The
commissioner or superintendent shall preserve the confidentiality of
the statement or information.

(H)
A taxpayer claiming a credit under this section shall submit to the
tax commissioner or, if the taxpayer is an insurance company, to the
superintendent of insurance, a copy of the director of development's
certificate of verification under division (D)(7) of this section
with the taxpayer's tax report or return for the taxable year or for
the calendar year that includes the tax period. Failure to submit a
copy of the certificate with the report or return does not invalidate
a claim for a credit if the taxpayer submits a copy of the
certificate to the commissioner or superintendent within the time
prescribed by section 5703.0510 of the Revised Code or within thirty
days after the commissioner or superintendent requests it.

(I)
The director of development, after consultation with the tax
commissioner and the superintendent of insurance and in accordance
with Chapter 119. of the Revised Code, shall adopt rules
necessary
to implement this section, including rules
that
establish a procedure to be followed by the tax credit authority and
the department of development in the event the authority considers a
taxpayer's application for which it receives a recommendation under
division (C)(2)(a) of this section but does not approve it. The

director,
in consultation with the commissioner and superintendent, may adopt

rules

may
provide
providing

for
recipients of tax credits under this section to be charged fees to
cover administrative costs of the tax credit program.
For
the purposes of these rules, a qualifying work-from-home employee
shall be considered to be an employee employed at the applicant's
project location.
The
fees collected shall be credited to the tax incentives operating fund
created in section 122.174 of the Revised Code. At the time the
director gives public notice under division (A) of section 119.03 of
the Revised Code of the adoption of the rules, the director shall
submit copies of the proposed rules to the chairpersons of the
standing committees on economic development in the senate and the
house of representatives.

(J)
For the purposes of this section, a taxpayer may include a
partnership, a corporation that has made an election under subchapter
S of chapter one of subtitle A of the Internal Revenue Code, or any
other business entity through which income flows as a distributive
share to its owners. A partnership, S-corporation, or other such
business entity may elect to pass the credit received under this
section through to the persons to whom the income or profit of the
partnership, S-corporation, or other entity is distributed. The
election shall be made on the annual report required under division
(D)(6) of this section. The election applies to and is irrevocable
for the credit for which the report is submitted. If the election is
made, the credit shall be apportioned among those persons in the same
proportions as those in which the income or profit is distributed.

(K)(1)
If the director of development determines that a taxpayer who has
received a credit under this section is not complying with the
requirements of the agreement, the director shall notify the tax
credit authority of the noncompliance. After receiving such a notice,
and after giving the taxpayer an opportunity to explain the
noncompliance, the tax credit authority may require the taxpayer to
refund to this state a portion of the credit in accordance with the
following:

(a)
If the taxpayer fails to comply with the requirement under division
(D)(3) of this section, an amount determined in accordance with the
following:

(i)
If the taxpayer maintained operations at the project location for a
period less than or equal to the term of the credit, an amount not
exceeding one hundred per cent of the sum of any credits allowed and
received under this section;

(ii)
If the taxpayer maintained operations at the project location for a
period longer than the term of the credit, but less than the greater
of seven years or the term of the credit plus three years, an amount
not exceeding seventy-five per cent of the sum of any credits allowed
and received under this section.

(b)
If, on the metric evaluation date, the taxpayer fails to
substantially meet the job creation, payroll, or investment
requirements included in the agreement, an amount determined at the
discretion of the authority;

(c)
If the taxpayer fails to substantially maintain the number of new
full-time equivalent employees or amount of payroll required under
the agreement at any time during the term of the agreement after the
metric evaluation date, an amount determined at the discretion of the
authority.

(2)
If a taxpayer files for bankruptcy and fails as described in division
(K)(1)(a), (b), or (c) of this section, the director may immediately
commence an action to recoup an amount not exceeding one hundred per
cent of the sum of any credits received by the taxpayer under this
section.

(3)
In determining the portion of the tax credit to be refunded to this
state, the tax credit authority shall consider the effect of market
conditions on the taxpayer's project and whether the taxpayer
continues to maintain other operations in this state. After making
the determination, the authority shall certify the amount to be
refunded to the tax commissioner or superintendent of insurance, as
appropriate. If the amount is certified to the commissioner, the
commissioner shall make an assessment for that amount against the
taxpayer under Chapter 5726., 5733., 5736., 5747., or 5751. of the
Revised Code. If the amount is certified to the superintendent, the
superintendent shall make an assessment for that amount against the
taxpayer under Chapter 5725. or 5729. of the Revised Code. The time
limitations on assessments under those chapters do not apply to an
assessment under this division, but the commissioner or
superintendent, as appropriate, shall make the assessment within one
year after the date the authority certifies to the commissioner or
superintendent the amount to be refunded. Within ninety days after
certifying the amount to be refunded, if circumstances have changed,
the authority may adjust the amount to be refunded and certify the
adjusted amount to the commissioner or superintendent. The authority
may only adjust the amount to be refunded one time and only if the
amount initially certified by the authority has not been repaid, in
whole or in part, by the taxpayer or certified to the attorney
general for collection under section 131.02 of the Revised Code.

(L)
On or before the first day of August each year, the director of
development shall submit a report to the governor, the president of
the senate, and the speaker of the house of representatives on the
tax credit program under this section. The report shall include
information on the number of agreements that were entered into under
this section during the preceding calendar year, a description of the
project that is the subject of each such agreement, and an update on
the status of projects under agreements entered into before the
preceding calendar year.

(M)
There is hereby created the tax credit authority, which consists of
the director of development and four other members appointed as
follows: the governor, the president of the senate, and the speaker
of the house of representatives each shall appoint one member who
shall be a specialist in economic development; the governor also
shall appoint a member who is a specialist in taxation. Terms of
office shall be for four years. Each member shall serve on the
authority until the end of the term for which the member was
appointed. Vacancies shall be filled in the same manner provided for
original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that
term. Members may be reappointed to the authority. Members of the
authority shall receive their necessary and actual expenses while
engaged in the business of the authority. The director of development
shall serve as chairperson of the authority, and the members annually
shall elect a vice-chairperson from among themselves. Three members
of the authority constitute a quorum to transact and vote on the
business of the authority. The majority vote of the membership of the
authority is necessary to approve any such business, including the
election of the vice-chairperson.

The
director of development may appoint a professional employee of the
department of development to serve as the director's substitute at a
meeting of the authority. The director shall make the appointment in
writing. In the absence of the director from a meeting of the
authority, the appointed substitute shall serve as chairperson. In
the absence of both the director and the director's substitute from a
meeting, the vice-chairperson shall serve as chairperson.

(N)
For purposes of the credits granted by this section against the taxes
imposed under sections 5725.18 and 5729.03 of the Revised Code,
"taxable year" means the period covered by the taxpayer's
annual statement to the superintendent of insurance.

(O)
On or before the first day of March of each of the five calendar
years beginning with 2014, each taxpayer subject to an agreement with
the tax credit authority under this section on the basis of
home-based employees shall report the number of home-based employees
and other employees employed by the taxpayer in this state to the
department of development.

(P)
On or before the first day of January of 2019, the director of
development shall submit a report to the governor, the president of
the senate, and the speaker of the house of representatives on the
effect of agreements entered into under this section in which the
taxpayer included home-based employees in the computation of income
tax revenue, as that term was defined in this section prior to the
amendment of this section by H.B. 64 of the 131st general assembly.
The report shall include information on the number of such agreements
that were entered into in the preceding six years, a description of
the projects that were the subjects of such agreements, and an
analysis of nationwide home-based employment trends, including the
number of home-based jobs created from July 1, 2011, through June 30,
2017, and a description of any home-based employment tax incentives
provided by other states during that time.

(Q)
The director of development may require any agreement entered into
under this section for a tax credit computed on the basis of
home-based employees to contain a provision that the taxpayer makes
available health care benefits and tuition reimbursement to all
employees.

(R)
Original agreements approved by the tax credit authority under this
section in 2014 or 2015 before September 29, 2015, may be revised at
the request of the taxpayer to conform with the amendments to this
section and sections 5733.0610, 5736.50, 5747.058, and 5751.50 of the
Revised Code by H.B. 64 of the 131st general assembly, upon mutual
agreement of the taxpayer and the department of development, and
approval by the tax credit authority.

(S)(1)
As used in division (S) of this section:

(a)
"Eligible agreement" means an agreement approved by the tax
credit authority under this section on or before December 31, 2013.

(b)
"Income tax revenue" has the same meaning as under this
section as it existed before September 29, 2015, the effective date
of the amendment of this section by H.B. 64 of the 131st general
assembly.

(2)
In calendar year 2016 and thereafter, the tax credit authority shall
annually determine a withholding adjustment factor to be used in the
computation of income tax revenue for eligible agreements. The
withholding adjustment factor shall be a numerical percentage that
equals the percentage that employer income tax withholding rates have
been increased or decreased as a result of changes in the income tax
rates prescribed by section 5747.02 of the Revised Code by amendment
of that section taking effect on or after June 29, 2013.

(3)
Except as provided in division (S)(4) of this section, for reporting
periods ending in 2015 and thereafter for taxpayers subject to
eligible agreements, the tax credit authority shall adjust the income
tax revenue reported on the taxpayer's annual report by multiplying
the withholding adjustment factor by the taxpayer's income tax
revenue and doing one of the following:

(a)
If the income tax rates prescribed by section 5747.02 of the Revised
Code have decreased by amendment of that section taking effect on or
after June 29, 2013, add the product to the taxpayer's income tax
revenue.

(b)
If the income tax rates prescribed by section 5747.02 of the Revised
Code have increased by amendment of that section taking effect on or
after June 29, 2013, subtract the product from the taxpayer's income
tax revenue.

(4)
Division (S)(3) of this section shall not apply unless all of the
following apply for the reporting period with respect to the eligible
agreement:

(a)
The taxpayer has achieved one hundred per cent of the new employment
commitment identified in the agreement.

(b)
If applicable, the taxpayer has achieved one hundred per cent of the
new payroll commitment identified in the agreement.

(c)
If applicable, the taxpayer has achieved one hundred per cent of the
investment commitment identified in the agreement.

(5)
Failure by a taxpayer to have achieved any of the applicable
commitments described in divisions (S)(4)(a) to (c) of this section
in a reporting period does not disqualify the taxpayer for the
adjustment under division (S) of this section for an ensuing
reporting period.

(T)
For reporting periods ending in calendar year 2020 or thereafter, any
taxpayer may include qualifying work-from-home employees in its
report required under division (D)(6) of this section, and the
compensation of such employees shall qualify as Ohio employee payroll
under division (A)(3)(a) of this section, even if the taxpayer's
application to the tax credit authority to enter into an agreement
for a tax credit under this section was approved before September 29,
2017, the effective date of the amendment of this section by H.B. 49
of the 132nd general assembly.

(U)
The director of development shall notify the tax commissioner if the
director determines that a megaproject operator or megaproject
supplier is not in compliance with the agreement pursuant to a review
conducted under division (D)(11) of this section.

(V)
Beginning in 2025 and in each fifth calendar year thereafter, the tax
commissioner shall adjust the following amounts in September of that
year:

(1)
The fixed-asset investment threshold described in division
(A)(11)(c)(i) of this section and the Ohio employee payroll threshold
described in division (A)(11)(c)(ii) of this section by completing
the following calculations:

(a)
Determine the percentage increase in the gross domestic product
deflator determined by the bureau of economic analysis of the United
States department of commerce from the first day of January of the
fifth preceding calendar year to the last day of December of the
preceding calendar year;

(b)
Multiply that percentage increase by the fixed-asset investment
threshold and the Ohio employee payroll threshold for the current
year;

(c)
Add the resulting products to the corresponding fixed-asset
investment threshold and Ohio employee payroll threshold for the
current year;

(d)
Round the resulting fixed-asset investment sum to the nearest
multiple of ten million dollars and the Ohio employee payroll sum to
the nearest multiple of one million dollars.

(2)
The fixed-asset investment threshold described in division
(A)(13)(b)(i) of this section and the Ohio employee payroll threshold
described in division (A)(13)(b)(ii) of this section by completing
the calculations described in divisions (V)(1)(a) to (c) of this
section and rounding the resulting fixed-asset investment sum to the
nearest multiple of one million dollars and the Ohio employee payroll
sum to the nearest multiple of one hundred thousand dollars.

The
commissioner shall certify the amount of the adjustments under
divisions (V)(1) and (2) of this section to the director of
development and to the tax credit authority not later than the first
day of December of the year the commissioner computes the adjustment.
Each certified amount applies to the ensuing calendar year and each
calendar year thereafter until the tax commissioner makes a new
adjustment. The tax commissioner shall not calculate a new adjustment
in any year in which the resulting amount from the adjustment would
be less than the corresponding amount for the current year.

Sec.
122.171.
(A)
As used in this section:

(1)
"Capital investment project" means a plan of investment at
a project site for the acquisition, construction, renovation, or
repair of buildings, machinery, or equipment, or for capitalized
costs of basic research and new product development determined in
accordance with generally accepted accounting principles, but does
not include any of the following:

(a)
Payments made for the acquisition of personal property through
operating leases;

(b)
Project costs paid before January 1, 2002;

(c)
Payments made to a related member as defined in section 5733.042 of
the Revised Code or to a consolidated elected taxpayer or a combined
taxpayer as defined in section 5751.01 of the Revised Code.

(2)
"Eligible business" means a taxpayer and its related
members with Ohio operations that had a capital investment project
reviewed and approved by the tax credit authority as provided in
divisions (C), (D), and (E) of this section and that satisfies either
of the following requirements:

(a)
If engaged at the project site primarily in significant corporate
administrative functions, as defined by the director of development
by rule, the taxpayer meets both of the following criteria:

(i)
The taxpayer either is located in a foreign trade zone, employs at
least five hundred full-time equivalent employees, or has an annual
Ohio employee payroll of at least thirty-five million dollars at the
time the tax credit authority grants the tax credit under this
section;

(ii)
The taxpayer makes or causes to be made payments for the capital
investment project of at least twenty million dollars in the
aggregate at the project site during a period of three consecutive
calendar years including the calendar year that includes a day of the
taxpayer's taxable year or tax period with respect to which the
credit is granted.

(b)
If engaged at the project site primarily as a manufacturer, the
taxpayer makes or causes to be made payments for the capital
investment project at the project site during a period of three
consecutive calendar years, including the calendar year that includes
a day of the taxpayer's taxable year or tax period with respect to
which the credit is granted, in an amount that in the aggregate
equals or exceeds the lesser of the following:

(i)
Fifty million dollars;

(ii)
Five per cent of the net book value of all tangible personal property
used at the project site as of the last day of the three-year period
in which the capital investment payments are made.

(3)
"Full-time equivalent employees" means the quotient
obtained by dividing the total number of hours for which employees
were compensated for employment in the project by two thousand
eighty. "Full-time equivalent employees" shall exclude
hours that are counted for a credit under section 122.17 of the
Revised Code.

(4)
"Ohio employee payroll" has the same meaning as in section
122.17 of the Revised Code.

(5)
"Manufacturer" has the same meaning as in section 5739.011
of the Revised Code.

(6)
"Project site" means an integrated complex of facilities in
this state, as specified by the tax credit authority under this
section, within a fifteen-mile radius where a taxpayer is primarily
operating as an eligible business.

(7)
"Related member" has the same meaning as in section
5733.042 of the Revised Code as that section existed on the effective
date of its amendment by Am. Sub. H.B. 215 of the 122nd general
assembly, September 29, 1997.

(8)
"Taxable year" includes, in the case of a domestic or
foreign insurance company, the calendar year ending on the
thirty-first day of December preceding the day the superintendent of
insurance is required to certify to the treasurer of state under
section 5725.20 or 5729.05 of the Revised Code the amount of taxes
due from insurance companies.

(9)
"Foreign trade zone" means a general purpose foreign trade
zone or a special purpose subzone for which, pursuant to 19 U.S.C.
81a, as amended, a permit for foreign trade zone status has been
granted and remains active, including special purpose subzones for
which a permit has been granted and remains active.

(B)
The tax credit authority created under section 122.17 of the Revised
Code may grant a nonrefundable tax credit to an eligible business
under this section for the purpose of fostering job retention in this
state. Upon application by an eligible business and upon
consideration of the determination of the director of budget and
management, tax commissioner, and the superintendent of insurance in
the case of an insurance company, the recommendation and
determination of the director of development under division (C)(1) of
this section, and a review of the criteria described in division
(C)(2) of this section, the tax credit authority may grant the credit
against the tax imposed by section 5725.18, 5726.02, 5729.03,
5733.06, 5736.02, 5747.02, or 5751.02 of the Revised Code.

The
credit authorized in this section may be granted for a period up to
fifteen taxable years or, in the case of the tax levied by section
5736.02 or 5751.02 of the Revised Code, for a period of up to fifteen
calendar years. The credit amount for a taxable year or a calendar
year that includes the tax period for which a credit may be claimed
equals the Ohio employee payroll for that year multiplied by the
percentage specified in the agreement with the tax credit authority.
The credit shall be claimed in the order required under section
5725.98, 5726.98, 5729.98, 5733.98, 5747.98, or 5751.98 of the
Revised Code. In determining the percentage and term of the credit,
the tax credit authority shall consider both the number of full-time
equivalent employees and the value of the capital investment project.
The credit amount may not be based on the Ohio employee payroll for a
calendar year before the calendar year in which the tax credit
authority specifies the tax credit is to begin, and the credit shall
be claimed only for the taxable years or tax periods specified in the
eligible business' agreement with the tax credit authority. In no
event shall the credit be claimed for a taxable year or tax period
terminating before the date specified in the agreement.

If
a credit allowed under this section for a taxable year or tax period
exceeds the taxpayer's tax liability for that year or period, the
excess may be carried forward for the three succeeding taxable or
calendar years, but the amount of any excess credit allowed in any
taxable year or tax period shall be deducted from the balance carried
forward to the succeeding year or period.

(C)(1)
A taxpayer that proposes a capital investment project to retain jobs
in this state may apply to the tax credit authority to enter into an
agreement for a tax credit under this section. The director of
development shall prescribe the form of the application. After
receipt of an application, the authority shall forward copies of the
application to the director of budget and management, the tax
commissioner, and the superintendent of insurance in the case of an
insurance company, each of whom shall review the application to
determine the economic impact the proposed project would have on the
state and the affected political subdivisions and shall submit a
summary of their determinations to the authority. The authority shall
also forward a copy of the application to the director of
development, who shall review the application to determine the
economic impact the proposed project would have on the state and the
affected political subdivisions and shall submit a summary of the
director's determinations and recommendations to the authority.

(2)
The director of development, in reviewing applications and making
recommendations to the tax credit authority, and the authority, in
selecting taxpayers with which to enter into an agreement under
division (D) of this section, shall give priority to applications
that meet one or more of the following criteria, with greater
priority given to applications that meet more of the criteria: (a)
Within the preceding five years, the applicant has not received a
credit under this section or section 122.17 of the Revised Code for a
project at the same project site as that proposed in the application.

(b)
The applicant is not currently receiving a credit under this section
or section 122.17 of the Revised Code.

(c)
The applicant has operated at the project site for at least the
preceding ten years.

(d)
The project involves a significant upgrade of the project site,
rather than only routine maintenance of existing facilities, such as
an increase in capacity of a facility, new product development, or
technology upgrades or other facility modernization.

(e)
The applicant intends to use machinery, equipment, and materials
supplied by Ohio businesses in the project when possible.

(D)
Upon review and consideration of the determinations, recommendations,
and criteria described in division (C) of this section, the tax
credit authority may enter into an agreement with the taxpayer for a
credit under this section if the authority determines all of the
following:

(1)
The taxpayer's capital investment project will result in the
retention of employment in this state.

(2)
The taxpayer is economically sound and has the ability to complete
the proposed capital investment project.

(3)
The taxpayer intends to and has the ability to maintain operations at
the project site for at least the greater of (a) the term of the
credit plus three years, or (b) seven years.

(4)
Receiving the credit is a major factor in the taxpayer's decision to
begin, continue with, or complete the project.

(E)
An agreement under this section shall include all of the following:

(1)
A detailed description of the project that is the subject of the
agreement, including the amount of the investment, the period over
which the investment has been or is being made, the number of
full-time equivalent employees at the project site, and the
anticipated Ohio employee payroll to be generated.

(2)
The term of the credit, the percentage of the tax credit, the maximum
annual value of tax credits that may be allowed each year, and the
first year for which the credit may be claimed.

(3)
A requirement that the taxpayer maintain operations at the project
site for at least the greater of (a) the term of the credit plus
three years, or (b) seven years.

(4)(a)
If the taxpayer is engaged at the project site primarily in
significant corporate administrative functions, a requirement that
the taxpayer either retain at least five hundred full-time equivalent
employees at the project site and within this state for the entire
term of the credit, maintain an annual Ohio employee payroll of at
least thirty-five million dollars for the entire term of the credit,
or remain located in a foreign trade zone for the entire term of the
credit;

(b)
If the taxpayer is engaged at the project site primarily as a
manufacturer, a requirement that the taxpayer maintain at least the
number of full-time equivalent employees specified in the agreement
pursuant to division (E)(1) of this section at the project site and
within this state for the entire term of the credit.

(5)
A requirement that the taxpayer annually report to the director of
development full-time equivalent employees, Ohio employee payroll,
capital investment, and other information the director needs to
perform the director's duties under this section.

(6)
A requirement that the director of development annually review the
annual reports of the taxpayer to verify the information reported
under division (E)(5) of this section and compliance with the
agreement. Upon verification, the director shall issue a certificate
to the taxpayer stating that the information has been verified and
identifying the amount of the credit for the taxable year or calendar
year that includes the tax period. In determining the number of
full-time equivalent employees, no position shall be counted that is
filled by an employee who is included in the calculation of a tax
credit under section 122.17 of the Revised Code.

(7)
A provision providing that the taxpayer may not relocate a
substantial number of employment positions from elsewhere in this
state to the project site unless the director of development
determines that the taxpayer notified the legislative authority of
the county, township, or municipal corporation from which the
employment positions would be relocated.

For
purposes of this section, the movement of an employment position from
one political subdivision to another political subdivision shall be
considered a relocation of an employment position unless the movement
is confined to the project site. The transfer of an employment
position from one political subdivision to another political
subdivision shall not be considered a relocation of an employment
position if the employment position in the first political
subdivision is replaced by another employment position.

(8)
A waiver by the taxpayer of any limitations periods relating to
assessments or adjustments resulting from the taxpayer's failure to
comply with the agreement.

(F)
If a taxpayer fails to meet or comply with any condition or
requirement set forth in a tax credit agreement, the tax credit
authority may amend the agreement to reduce the percentage or term of
the credit. The reduction of the percentage or term may take effect
in the current taxable or calendar year.

(G)
Financial statements and other information submitted to the
department of development or the tax credit authority by an applicant
for or recipient of a tax credit under this section, and any
information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of the
Revised Code. However, the chairperson of the authority may make use
of the statements and other information for purposes of issuing
public reports or in connection with court proceedings concerning tax
credit agreements under this section. Upon the request of the tax
commissioner, or the superintendent of insurance in the case of an
insurance company, the chairperson of the authority shall provide to
the commissioner or superintendent any statement or other information
submitted by an applicant for or recipient of a tax credit in
connection with the credit. The commissioner or superintendent shall
preserve the confidentiality of the statement or other information.

(H)
A taxpayer claiming a tax credit under this section shall submit to
the tax commissioner or, in the case of an insurance company, to the
superintendent of insurance, a copy of the director of development's
certificate of verification under division (E)(6) of this section
with the taxpayer's tax report or return for the taxable year or for
the calendar year that includes the tax period. Failure to submit a
copy of the certificate with the report or return does not invalidate
a claim for a credit if the taxpayer submits a copy of the
certificate to the commissioner or superintendent within the time
prescribed by section 5703.0510 of the Revised Code or within thirty
days after the commissioner or superintendent requests it.

(I)
For the purposes of this section, a taxpayer may include a
partnership, a corporation that has made an election under subchapter
S of chapter one of subtitle A of the Internal Revenue Code, or any
other business entity through which income flows as a distributive
share to its owners. A partnership, S-corporation, or other such
business entity may elect to pass the credit received under this
section through to the persons to whom the income or profit of the
partnership, S-corporation, or other entity is distributed. The
election shall be made on the annual report required under division
(E)(5) of this section. The election applies to and is irrevocable
for the credit for which the report is submitted. If the election is
made, the credit shall be apportioned among those persons in the same
proportions as those in which the income or profit is distributed.

(J)(1)
If the director of development determines that a taxpayer that
received a certificate under division (E)(6) of this section is not
complying with the requirements of the agreement, the director shall
notify the tax credit authority of the noncompliance. After receiving
such a notice, and after giving the taxpayer an opportunity to
explain the noncompliance, the authority may terminate the agreement
and require the taxpayer, or any related member or members that
claimed the tax credit under division (N) of this section, to refund
to the state all or a portion of the credit claimed in previous
years, as follows:

(a)
If the taxpayer fails to comply with the requirement under division
(E)(3) of this section, an amount determined in accordance with the
following:

(i)
If the taxpayer maintained operations at the project site for less
than or equal to the term of the credit, an amount not to exceed one
hundred per cent of the sum of any tax credits allowed and received
under this section.

(ii)
If the taxpayer maintained operations at the project site longer than
the term of the credit, but less than the greater of seven years or
the term of the credit plus three years, the amount required to be
refunded shall not exceed seventy-five per cent of the sum of any tax
credits allowed and received under this section.

(b)
If the taxpayer fails to substantially, satisfy the employment,
payroll, or location requirements required under the agreement, as
prescribed under division (E)(4)(a) or (b), as applicable to the
taxpayer, at any time during the term of the agreement or during the
post-term reporting period, an amount determined at the discretion of
the authority.

(2)
If a taxpayer files for bankruptcy and fails as described in division
(J)(1)(a) or (b) of this section, the director may immediately
commence an action to recoup an amount not exceeding one hundred per
cent of the sum of any credits received by the taxpayer under this
section.

(3)
In determining the portion of the credit to be refunded to this
state, the authority shall consider the effect of market conditions
on the taxpayer's project and whether the taxpayer continues to
maintain other operations in this state. After making the
determination, the authority shall certify the amount to be refunded
to the tax commissioner or the superintendent of insurance. If the
taxpayer, or any related member or members who claimed the tax credit
under division (N) of this section, is not an insurance company, the
commissioner shall make an assessment for that amount against the
taxpayer under Chapter 5726., 5733., 5736., 5747., or 5751. of the
Revised Code. If the taxpayer, or any related member or members that
claimed the tax credit under division (N) of this section, is an
insurance company, the superintendent of insurance shall make an
assessment under section 5725.222 or 5729.102 of the Revised Code.
The time limitations on assessments under those chapters and sections
do not apply to an assessment under this division, but the
commissioner or superintendent shall make the assessment within one
year after the date the authority certifies to the commissioner or
superintendent the amount to be refunded. Within ninety days after
certifying the amount to be refunded, if circumstances have changed,
the authority may adjust the amount to be refunded and certify the
adjusted amount to the commissioner or superintendent. The authority
may only adjust the amount to be refunded one time and only if the
amount initially certified by the authority has not been repaid, in
whole or in part, by the taxpayer or certified to the attorney
general for collection under section 131.02 of the Revised Code.

(K)
The director of development, after consultation with the tax
commissioner and the superintendent of insurance and in accordance
with Chapter 119. of the Revised Code, shall adopt
rules
necessary to implement this section. The
rules

may
provide
providing

for
recipients of tax credits under this section to be charged fees to
cover administrative costs of the tax credit program. The fees
collected shall be credited to the tax incentives operating fund
created in section 122.174 of the Revised Code. At the time the
director gives public notice under division (A) of section 119.03 of
the Revised Code of the adoption of the rules, the director shall
submit copies of the proposed rules to the chairpersons of the
standing committees on economic development in the senate and the
house of representatives.

(L)
On or before the first day of August of each year, the director of
development shall submit a report to the governor, the president of
the senate, and the speaker of the house of representatives on the
tax credit program under this section. The report shall include
information on the number of agreements that were entered into under
this section during the preceding calendar year, a description of the
project that is the subject of each such agreement, and an update on
the status of projects under agreements entered into before the
preceding calendar year.

(M)
The aggregate amount of nonrefundable tax credits issued under this
section during any calendar year for capital investment projects
reviewed and approved by the tax credit authority may not exceed the
following amounts:

(1)
For 2010, thirteen million dollars;

(2)
For 2011 through 2023, the amount of the limit for the preceding
calendar year plus thirteen million dollars;

(3)
For 2024 and each year thereafter, one hundred ninety-five million
dollars.

The
limitations in division (M) of this section do not apply to credits
for capital investment projects approved by the tax credit authority
before July 1, 2009.

(N)
This division applies only to an eligible business that is part of an
affiliated group that includes a diversified savings and loan holding
company or a grandfathered unitary savings and loan holding company,
as those terms are defined in section 5726.01 of the Revised Code.
Notwithstanding any contrary provision of the agreement between such
an eligible business and the tax credit authority, any credit granted
under this section against the tax imposed by section 5725.18,
5729.03, 5733.06, 5747.02, or 5751.02 of the Revised Code to the
eligible business, at the election of the eligible business and
without any action by the tax credit authority, may be shared with
any member or members of the affiliated group that includes the
eligible business, which member or members may claim the credit
against the taxes imposed by section 5725.18, 5726.02, 5729.03,
5733.06, 5747.02, or 5751.02 of the Revised Code. Credits shall be
claimed by the eligible business in sequential order, as applicable,
first claiming the credits to the fullest extent possible against the
tax that the certificate holder is subject to, then against the tax
imposed by, sequentially, section 5729.03, 5725.18, 5747.02, 5751.02,
and lastly 5726.02 of the Revised Code. The credits may be allocated
among the members of the affiliated group in such manner as the
eligible business elects, but subject to the sequential order
required under this division. This division applies to credits
granted before, on, or after March 27, 2013, the effective date of
H.B. 510 of the 129th general assembly. Credits granted before that
effective date that are shared and allocated under this division may
be claimed in those calendar years in which the remaining taxable
years specified in the agreement end.

As
used in this division, "affiliated group" means a group of
two or more persons with fifty per cent or greater of the value of
each person's ownership interests owned or controlled directly,
indirectly, or constructively through related interests by common
owners during all or any portion of the taxable year, and the common
owners. "Affiliated group" includes, but is not limited to,
any person eligible to be included in a consolidated elected taxpayer
group under section 5751.011 of the Revised Code or a combined
taxpayer group under section 5751.012 of the Revised Code.

(O)(1)
As used in division (O) of this section:

(a)
"Eligible agreement" means an agreement approved by the tax
credit authority under this section on or before December 31, 2013.

(b)
"Reporting period" means a period corresponding to the
annual report required under division (E)(5) of this section.

(c)
"Income tax revenue" has the same meaning as under division
(S) of section 122.17 of the Revised Code.

(2)
In calendar year 2016 and thereafter, the tax credit authority shall
annually determine a withholding adjustment factor to be used in the
computation of income tax revenue for eligible agreements. The
withholding adjustment factor shall be a numerical percentage that
equals the percentage that employer income tax withholding rates have
been increased or decreased as a result of changes in the income tax
rates prescribed by section 5747.02 of the Revised Code by amendment
of that section taking effect on or after June 29, 2013.

(3)
Except as provided in division (O)(4) of this section, for reporting
periods ending in 2015 and thereafter for taxpayers subject to
eligible agreements, the tax credit authority shall adjust the income
tax revenue reported on the taxpayer's annual report by multiplying
the withholding adjustment factor by the taxpayer's income tax
revenue and doing one of the following:

(a)
If the income tax rates prescribed by section 5747.02 of the Revised
Code have decreased by amendment of this section taking effect on or
after June 29, 2013, add the product to the taxpayer's income tax
revenue.

(b)
If the income tax rates prescribed by section 5747.02 of the Revised
Code have increased by amendment of this section taking effect on or
after June 29, 2013, subtract the product from the taxpayer's income
tax revenue.

(4)
Division (O)(3) of this section shall not apply unless all of the
following apply with respect to the eligible agreement:

(a)
If applicable, the taxpayer has achieved one hundred per cent of the
job retention commitment identified in the agreement.

(b)
If applicable, the taxpayer has achieved one hundred per cent of the
payroll retention commitment identified in the agreement.
"

(c)
If applicable, the taxpayer has achieved one hundred per cent of the
investment commitment identified in the agreement.

(5)
Failure by a taxpayer to have achieved any of the applicable
commitments described in divisions (O)(4)(a) to (c) of this section
in a reporting period does not disqualify the taxpayer for the
adjustment under division (O) of this section for an ensuing
reporting period.

Sec.
122.175.
(A)
As used in this section:

(1)
"Capital investment project" means a plan of investment at
a project site for the acquisition, construction, renovation,
expansion, replacement, or repair of a computer data center or of
computer data center equipment, but does not include any of the
following:

(a)
Project costs paid before a date determined by the tax credit
authority for each capital investment project;

(b)
Payments made to a related member as defined in section 5733.042 of
the Revised Code or to a consolidated elected taxpayer or a combined
taxpayer as defined in section 5751.01 of the Revised Code.

(2)
"Computer data center" means a facility used or to be used
primarily to house computer data center equipment used or to be used
in conducting one or more computer data center businesses, as
determined by the tax credit authority.

(3)
"Computer data center business" means, as may be further
determined by the tax credit authority, a business that provides
electronic information services as defined in division (Y)(1)(c) of
section 5739.01 of the Revised Code, or that leases a facility to one
or more such businesses. "Computer data center business"
does not include providing electronic publishing as defined in that
section.

(4)
"Computer data center equipment" means tangible personal
property used or to be used for any of the following:

(a)
To conduct a computer data center business, including equipment
cooling systems to manage the performance of computer data center
equipment;

(b)
To generate, transform, transmit, distribute, or manage electricity
necessary to operate the tangible personal property used or to be
used in conducting a computer data center business;

(c)
As building and construction materials sold to construction
contractors for incorporation into a computer data center.

(5)
"Eligible computer data center" means a computer data
center that satisfies all of the following requirements:

(a)
One or more taxpayers operating a computer data center business at
the project site will, in the aggregate, make payments for a capital
investment project of at least one hundred million dollars at the
project site during one of the following cumulative periods:

(i)
For projects beginning in 2013, six consecutive calendar years;

(ii)
For projects beginning in 2014, four consecutive calendar years;

(iii)
For projects beginning in or after 2015, three consecutive calendar
years.

(b)
One or more taxpayers operating a computer data center business at
the project site will, in the aggregate, pay annual compensation that
is subject to the withholding obligation imposed under section
5747.06 of the Revised Code of at least one million five hundred
thousand dollars to employees employed at the project site for each
year of the agreement beginning on or after the first day of the
twenty-fifth month after the agreement was entered into under this
section.

(6)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(7)
"Project site," "related member," and "tax
credit authority" have the same meanings as in sections 122.17
and 122.171 of the Revised Code.

(8)
"Taxpayer" means any person subject to the taxes imposed
under Chapters 5739. and 5741. of the Revised Code.

(B)
The tax credit authority may completely or partially exempt from the
taxes levied under Chapters 5739. and 5741. of the Revised Code the
sale, storage, use, or other consumption of computer data center
equipment used or to be used at an eligible computer data center. Any
such exemption shall extend to charges for the delivery,
installation, or repair of the computer data center equipment subject
to the exemption under this section.

(C)
A taxpayer that proposes a capital improvement project for an
eligible computer data center in this state may apply to the tax
credit authority to enter into an agreement under this section
authorizing a complete or partial exemption from the taxes imposed
under Chapters 5739. and 5741. of the Revised Code on computer data
center equipment purchased by the applicant or any other taxpayer
that operates a computer data center business at the project site and
used or to be used at the eligible computer data center. The director
of development shall prescribe the form of the application. After
receipt of an application, the authority shall forward copies of the
application to the tax commissioner, who shall review the application
to determine the economic impact that the proposed eligible computer
data center would have on the state and any affected political
subdivisions and submit to the authority a summary of their
determinations. The authority shall also forward a copy of the
application to the director of development who shall review the
application to determine the economic impact that the proposed
eligible computer data center would have on the state and the
affected political subdivisions and shall submit a summary of their
determinations and recommendations to the authority.

(D)
Upon review and consideration of such determinations and
recommendations, the tax credit authority may enter into an agreement
with the applicant and any other taxpayer that operates a computer
data center business at the project site for a complete or partial
exemption from the taxes imposed under Chapters 5739. and 5741. of
the Revised Code on computer data center equipment used or to be used
at an eligible computer data center if the authority determines all
of the following:

(1)
The capital investment project for the eligible computer data center
will increase payroll and the amount of income taxes to be withheld
from employee compensation pursuant to section 5747.06 of the Revised
Code.

(2)
The applicant is economically sound and has the ability to complete
or effect the completion of the proposed capital investment project.

(3)
The applicant intends to and has the ability to maintain operations
at the project site for the term of the agreement.

(4)
Receiving the exemption is a major factor in the applicant's decision
to begin, continue with, or complete the capital investment project.

(E)
An agreement entered into under this section shall include all of the
following:

(1)
A detailed description of the capital investment project that is the
subject of the agreement, including the amount of the investment, the
period over which the investment has been or is being made, the
annual compensation to be paid by each taxpayer subject to the
agreement to its employees at the project site, and the anticipated
amount of income taxes to be withheld from employee compensation
pursuant to section 5747.06 of the Revised Code.

(2)
The percentage of the exemption from the taxes imposed under Chapters
5739. and 5741. of the Revised Code for the computer data center
equipment used or to be used at the eligible computer data center,
the length of time the computer data center equipment will be
exempted, and the first date on which the exemption applies.

(3)
A requirement that the computer data center remain an eligible
computer data center during the term of the agreement and that the
applicant maintain operations at the eligible computer data center
during that term. An applicant does not violate the requirement
described in division (E)(3) of this section if the applicant ceases
operations at the eligible computer data center during the term of
the agreement but resumes those operations within eighteen months
after the date of cessation. The agreement shall provide that, in
such a case, the applicant and any other taxpayer that operates a
computer data center business at the project site shall not claim the
tax exemption authorized in the agreement for any purchase of
computer data center equipment made during the period in which the
applicant did not maintain operations at the eligible computer data
center.

(4)
A requirement that, for each year of the term of the agreement
beginning on or after the first day of the twenty-fifth month after
the date the agreement was entered into, one or more taxpayers
operating a computer data center business at the project site will,
in the aggregate, pay annual compensation that is subject to the
withholding obligation imposed under section 5747.06 of the Revised
Code of at least one million five hundred thousand dollars to
employees at the eligible computer data center.

(5)
A requirement that each taxpayer subject to the agreement annually
report to the director of development employment, tax withholding,
capital investment, and other information required by the director to
perform the director's duties under this section.

(6)
A requirement that the director of development annually review the
annual reports of each taxpayer subject to the agreement to verify
the information reported under division (E)(5) of this section and
compliance with the agreement. Upon verification, the director shall
issue a certificate to each such taxpayer stating that the
information has been verified and that the taxpayer remains eligible
for the exemption specified in the agreement.

(7)
A provision providing that the taxpayers subject to the agreement may
not relocate a substantial number of employment positions from
elsewhere in this state to the project site unless the director of
development determines that the appropriate taxpayer notified the
legislative authority of the county, township, or municipal
corporation from which the employment positions would be relocated.
For purposes of this paragraph, the movement of an employment
position from one political subdivision to another political
subdivision shall be considered a relocation of an employment
position unless the movement is confined to the project site. The
transfer of an employment position from one political subdivision to
another political subdivision shall not be considered a relocation of
an employment position if the employment position in the first
political subdivision is replaced by another employment position.

(8)
A waiver by each taxpayer subject to the agreement of any limitations
periods relating to assessments or adjustments resulting from the
taxpayer's failure to comply with the agreement.

(F)
The term of an agreement under this section shall be determined by
the tax credit authority, and the amount of the exemption shall not
exceed one hundred per cent of such taxes that would otherwise be
owed in respect to the exempted computer data center equipment.

(G)
If any taxpayer subject to an agreement under this section fails to
meet or comply with any condition or requirement set forth in the
agreement, the tax credit authority may amend the agreement to reduce
the percentage of the exemption or term during which the exemption
applies to the computer data center equipment used or to be used by
the noncompliant taxpayer at an eligible computer data center. The
reduction of the percentage or term may take effect in the current
calendar year.

(H)
Financial statements and other information submitted to the
department of development or the tax credit authority by an applicant
for or recipient of an exemption under this section, and any
information taken for any purpose from such statements or
information, are not public records subject to section 149.43 of the
Revised Code. However, the chairperson of the authority may make use
of the statements and other information for purposes of issuing
public reports or in connection with court proceedings concerning tax
exemption agreements under this section. Upon the request of the tax
commissioner, the chairperson of the authority shall provide to the
tax commissioner any statement or other information submitted by an
applicant for or recipient of an exemption under this section. The
tax commissioner shall preserve the confidentiality of the statement
or other information.

(I)
The tax commissioner shall issue a direct payment permit under
section 5739.031 of the Revised Code to each taxpayer subject to an
agreement under this section. Such direct payment permit shall
authorize the taxpayer to pay any sales and use taxes due on
purchases of computer data center equipment used or to be used in an
eligible computer data center and to pay any sales and use taxes due
on purchases of tangible personal property or taxable services other
than computer data center equipment used or to be used in an eligible
computer data center directly to the tax commissioner. Each such
taxpayer shall pay pursuant to such direct payment permit all sales
tax levied on such purchases under sections 5739.02, 5739.021,
5739.023, and 5739.026 of the Revised Code and all use tax levied on
such purchases under sections 5741.02, 5741.021, 5741.022, and
5741.023 of the Revised Code, consistent with the terms of the
agreement entered into under this section.

During
the term of an agreement under this section each taxpayer subject to
the agreement shall submit to the tax commissioner a return that
shows the amount of computer data center equipment purchased for use
at the eligible computer data center, the amount of tangible personal
property and taxable services other than computer data center
equipment purchased for use at the eligible computer data center, the
amount of tax under Chapter 5739. or 5741. of the Revised Code that
would be due in the absence of the agreement under this section, the
exemption percentage for computer data center equipment specified in
the agreement, and the amount of tax due under Chapter 5739. or 5741.
of the Revised Code as a result of the agreement under this section.
Each such taxpayer shall pay the tax shown on the return to be due in
the manner and at the times as may be further prescribed by the tax
commissioner. Each such taxpayer shall include a copy of the director
of development's certificate of verification issued under division
(E)(6) of this section. Failure to submit a copy of the certificate
with the return does not invalidate the claim for exemption if the
taxpayer submits a copy of the certificate to the tax commissioner
within the time prescribed by section 5703.0510 of the Revised Code.

(J)
If the director of development determines that one or more taxpayers
received an exemption from taxes due on the purchase of computer data
center equipment purchased for use at a computer data center that no
longer complies with the requirement under division (E)(3) of this
section, the director shall notify the tax credit authority and, if
applicable, the taxpayer that applied to enter the agreement for the
exemption under division (C) of this section of the noncompliance.
After receiving such a notice, and after giving each taxpayer subject
to the agreement an opportunity to explain the noncompliance, the
authority may terminate the agreement and require each such taxpayer
to pay to the state all or a portion of the taxes that would have
been owed in regards to the exempt equipment in previous years
,
all as determined under rules adopted pursuant to division (K) of
this section
.
In determining the portion of the taxes that would have been owed on
the previously exempted equipment to be paid to this state by a
taxpayer, the authority shall consider the effect of market
conditions on the eligible computer data center, whether the taxpayer
continues to maintain other operations in this state, and, with
respect to agreements involving multiple taxpayers, the taxpayer's
level of responsibility for the noncompliance. After making the
determination, the authority shall certify to the tax commissioner
the amount to be paid by each taxpayer subject to the agreement. The
tax commissioner shall make an assessment for that amount against
each such taxpayer under Chapter 5739. or 5741. of the Revised Code.
The time limitations on assessments under those chapters do not apply
to an assessment under this division, but the tax commissioner shall
make the assessment within one year after the date the authority
certifies to the tax commissioner the amount to be paid by the
taxpayer.

(K)
The director of development, after consultation with the tax
commissioner and in accordance with Chapter 119. of the Revised Code,
shall adopt rules
necessary
to implement this section. The rules may provide
providing

for
recipients of tax exemptions under this section to be charged fees to
cover administrative costs incurred in the administration of this
section. The fees collected shall be credited to the tax incentives
operating fund created in section 122.174 of the Revised Code. At the
time the director gives public notice under division (A) of section
119.03 of the Revised Code of the adoption of the rules, the director
shall submit copies of the proposed rules to the chairpersons of the
standing committees on economic development in the senate and the
house of representatives.

(L)
On or before the first day of August of each year, the director of
development shall submit a report to the governor, the president of
the senate, and the speaker of the house of representatives on the
tax exemption authorized under this section. The report shall include
information on the number of agreements that were entered into under
this section during the preceding calendar year, a description of the
eligible computer data center that is the subject of each such
agreement, and an update on the status of eligible computer data
centers under agreements entered into before the preceding calendar
year.

(M)
A taxpayer may be made a party to an existing agreement entered into
under this section by the tax credit authority and another taxpayer
or group of taxpayers. In such a case, the taxpayer shall be entitled
to all benefits and bound by all obligations contained in the
agreement and all requirements described in this section. When an
agreement includes multiple taxpayers, each taxpayer shall be
entitled to a direct payment permit as authorized in division (I) of
this section.

Sec.
122.177.
(A)
As used in this section:

(1)
"Business" means a sole proprietorship, a corporation for
profit, or a pass-through entity as defined in section 5733.04 of the
Revised Code.

(2)
"Career exploration internship" means a paid employment
relationship between a student intern and a business in which the
student intern acquires education, instruction, and experience
relevant to the student intern's career aspirations.

(3)
"Student intern" means an individual who, at the time the
business applies for a grant under division (B) of this section,
meets both of the following criteria:

(a)
The individual is entitled to attend school in this state.

(b)
The individual is either between sixteen and eighteen years of age or
is enrolled in grade eleven or twelve.

(B)
There is hereby created in the development services agency the career
exploration internship program to award grants to businesses that
employ a student intern in a career exploration internship. To
qualify for a grant under the program, the career exploration
internship shall be at least twenty weeks in duration and include at
least two hundred hours of paid work and instruction in this state.
To obtain a grant, the business shall apply to the development
services agency before the starting date of the career exploration
internship. The application shall include all of the following:

(1)
A brief description of the career exploration internship;

(2)
A signed statement by the student intern briefly describing the
student intern's career aspirations and how the student intern
believes this career exploration internship may help achieve those
aspirations;

(3)
A signed statement by a principal or guidance counselor at the
student intern's school or, in the case of a home schooled student,
an individual responsible for administering instruction to the
student intern, acknowledging that the employment opportunity
qualifies as a career exploration internship and expressing intent to
advise the student intern as provided in division (E) of this
section;

(4)
The name, address, and telephone number of the business;

(5)
Any other information required by the development services agency.

(C)(1)
The development services agency shall review and make a determination
with respect to each application submitted under division (B) of this
section in the order in which the application is received. The agency
shall not approve any application under this section that is received
by the agency later than June 25, 2017, or that was submitted by a
business that does not have substantial operations in this state. The
agency may not otherwise deny an application unless the application
is incomplete, the proposed employment relationship does not qualify
as a career exploration internship for which a grant may be awarded
under this section, the business is ineligible to receive a grant
under division (D)(1) of this section, or the agency determines that
approving the application would cause the amount that could be
awarded to exceed the amount of money in the career exploration
internship fund.

(2)
The agency shall send written notice of its determination to the
applicant within thirty days after receiving the application. If the
agency determines that the application shall not be approved, the
notice shall include the reasons for such determination.

(3)
The agency's determination is final and may not be appealed for any
reason. A business may submit a new or amended application under
division (B) of this section at any time before or after receiving
notice under division (C)(2) of this section.

(D)(1)
In any calendar year, the development services agency shall not award
grants under this section to any business that has received grants
for three career exploration internships in that calendar year. The
agency shall not award a grant to a business unless the agency
receives a report from the business within thirty days after the end
of the career exploration internship or thirteen months after the
approval of the application, whichever comes first, that includes all
of the following:

(a)
The date the student intern began the internship;

(b)
The date the internship ended or a statement that the student will
continue to be employed by the business;

(c)
The total number of hours during the internship that the student
intern was employed by the business;

(d)
The total wages paid by the business to the student intern during the
internship;

(e)
A signed statement by the student intern briefly describing the
duties performed during the internship and the skills and experiences
gained throughout the internship;

(f)
Any other information required by the agency.

(2)
If the agency receives the report and determines that it contains all
of the information and the statement required by division (D)(1) of
this section and that the career exploration internship described in
the report complies with all the provisions of this section, the
agency shall award a grant to the business. The amount of the grant
shall equal the lesser of the following:

(a)
Fifty per cent of the wages paid by the business to the student
intern for the first twelve months following the date the application
was approved;

(b)
Five thousand dollars.

(E)
The student intern and the principal, guidance counselor, or other
qualified individual who signed the statement described in division
(B)(3) of this section shall meet at least once in the thirty days
following the end of the career exploration internship or in the
thirteenth month following the start of the career exploration
internship, whichever comes first. The purpose of the meeting is to
discuss the student intern's experiences during the career
exploration internship, consider the practical applications of these
experiences to the student intern's career aspirations, and to
establish or confirm goals for the student intern. If practicable,
the meeting shall be in person. Otherwise, the meeting may be
conducted over the telephone.

(F)
A business that receives a grant under this section may submit a new
application under division (B) of this section for another career
exploration internship with the same student intern. Such an
application does not have to include the statements otherwise
required by divisions (B)(2) and (3) of this section.

(G)
Annually, on the first day of August until August 2017, the
development services agency shall compile a report indicating the
number of career exploration internships approved by the agency under
this section, the statements issued by the student interns under
divisions (B)(2) and (D)(1)(e) of this section, the number of student
interns that continued employment with the business after the
termination of the career exploration internship, and the total
amount of grants awarded under this section. The report shall not
disclose any student interns' personally identifiable information.
The agency shall provide copies of the report to the governor, the
speaker and minority leader of the house of representatives, and the
president and minority leader of the senate.

(H)

The
development services agency may adopt rules necessary to administer
this section in accordance with Chapter 119. of the Revised Code.

(I)

The
career exploration internship fund is hereby created in the state
treasury. The fund shall consist of a portion of the proceeds from
the upfront license fees paid for the casino facilities authorized
under Section 6(C) of Article XV, Ohio Constitution. Money in the
fund shall be used by the development services agency to provide
grants under this section.

Sec.
122.179.
(A)
As used in this section:

"Charitable
organization" has the same meaning as in section 1716.01 of the
Revised Code.

"Independent
college or university" means a nonprofit institution of higher
education that has a certificate of authorization under Chapter 1713.
of the Revised Code.

"Industry
sector partnership" means a workforce collaborative that
organizes key leaders and stakeholders of an industry cluster into a
working group that focuses on achieving a shared goal of meeting the
industry cluster's human resources needs.

"Ohio
technical center" has the same meaning as in section 3333.94 of
the Revised Code.

"Sector
partnership network" means a regional or statewide workforce
collaborative that organizes multiple industry sector partnerships
into a working group that focuses on achieving a shared goal of
meeting the human resources needs of a region or statewide.

"State
board" and "local board" have the same meanings as in
section 6301.01 of the Revised Code.

"State
institution of higher education" has the same meaning as in
section 3345.011 of the Revised Code.

(B)
A collaboration of multiple employers of an industry cluster may
organize and lead an industry sector partnership by convening or
acting in partnership with representatives of businesses, employers,
or other institutions of an industry cluster, including small- and
medium-sized employers where practicable, and a collaboration of
multiple industry sector partnerships may convene or act in
partnership together as a sector partnership network. An industry
sector partnership may include representatives of one or more of the
following:

(1)
A school district;

(2)
A state institution of higher education;

(3)
An Ohio technical center;

(4)
An independent college or university;

(5)
The state or a local government;

(6)
A state or local economic or workforce development agency;

(7)
A state board or local board;

(8)
The department of job and family services;

(9)
A business, trade, or industry association;

(10)
A charitable organization;

(11)
An economic development organization;

(12)
A nonprofit or community-based organization or intermediary;

(13)
The Ohio state university extension division established under
section 3335.16 of the Revised Code or the central state university
extension program;

(14)
Any other organization that the industry sector partnership considers
necessary to further the shared goal of meeting the industry
cluster's human resources needs.

(C)
The director of development services, in consultation with the
governor's office of workforce transformation, shall develop a grant
program to support industry sector partnerships and sector
partnership networks. An industry sector partnership or sector
partnership network may use a grant awarded under this section to do
any of the following:

(1)
Hire employees to coordinate industry sector partnership or sector
partnership network activities;

(2)
Develop curricula or other educational resources to support the
industry sector partnership or sector partnership network;

(3)
Market the industry sector partnership or sector partnership network
and opportunities the industry sector partnership or sector
partnership network creates for workforce development activities
;

(4)
Any other activity the director has approved in rules adopted under
division (E) of this section
.

(D)
The director shall do both of the following:

(1)
Establish a system for evaluating and scoring grant applications,
which prioritizes collaborative community-based solutions, including
sector partnership networks;

(2)
Award a grant to an industry sector partnership or a sector
partnership network that submits a complete application for funding
describing the activities in division (C) of this section the
partnership or network will use the funds to support and meets the
scoring criteria established under division (D)(1) of this section.

(E)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code as the director considers necessary to administer the
grant program.

Sec.
122.1710.
(A)
As used in this section:

(1)
"Low-income individual" has the same meaning as "low-income
person" in section 5101.311 of the Revised Code.

(2)
"Microcredential" has the same meaning as in section
122.178 of the Revised Code.

(3)
"OhioMeansJobs web site" has the same meaning as in section
6301.01 of the Revised Code.

(4)
"Partially unemployed" and "totally unemployed"
have the same meanings as in section 4141.01 of the Revised Code.

(5)
"Training provider" means all of the following:

(a)
A state institution of higher education as defined in section
3345.011 of the Revised Code;

(b)
An Ohio technical center as defined in section 3333.94 of the Revised
Code;

(c)
A private business or institution that offers training to allow an
individual to earn one or more microcredentials.

(6)
"Fiscal year" means the fiscal year of this state as
specified in section 9.34 of the Revised Code.

(B)
There is hereby created the individual microcredential assistance
program to reimburse training providers for training costs for
individuals to earn a microcredential. The department of development,
in consultation with the governor's office of workforce
transformation, shall administer the program. The director shall
administer the program so that the total reimbursement to each
training provider approved to participate in the program occurs at
least once per fiscal year.

(C)
A training provider seeking to participate in the program shall
submit an application to the director of development at the beginning
or before the beginning of a fiscal year, but not later than the date
established by the director. The training provider shall include in
the application all of the following information:

(1)
The number of microcredentials the training provider will seek a
reimbursement for and the names of the microcredentials;

(2)
The cost of the training for each microcredential;

(3)
The total amount of the reimbursement the training provider will
seek;

(4)
The training provider's plan to provide opportunities for individuals
who are low income, partially unemployed, or totally unemployed to
participate in a training program and receive a microcredential;

(5)
Any other information the director requires.

(D)(1)
The director shall consider the following factors in determining
whether to approve an application submitted under division (C) of
this section:

(a)
The duration of the training program;

(b)
The cost of the training;

(c)
Whether approving an application will promote regional diversity in
apportioning reimbursements uniformly across the state;

(d)
The training provider's commitment to providing opportunities for
individuals who are low income, partially unemployed, or totally
unemployed to participate in a training program and receive a
microcredential.

(2)
In determining regional diversity under division (D)(1)(c) of this
section, the director shall use the regions established under
division (G) of section 122.178 of the Revised Code.

(3)
The director shall not approve an application submitted under this
section if either of the following apply:

(a)
The microcredentials identified in the application are not included
in the list the chancellor of higher education establishes under
section 122.178 of the Revised Code.

(b)
The training provider has violated Chapter 4111. of the Revised Code
within the four fiscal years immediately preceding the date of
application.

(4)
The director shall notify a training provider in writing of the
director's decision to approve or deny the training provider's
application to participate in the program.

(E)
A participating training provider shall not charge an individual
participating in a training program to earn a microcredential for
which the training provider is seeking a reimbursement for either of
the following:

(1)
Any costs associated with the individual's participation in the
training program;

(2)
Any costs to the training provider resulting from an individual not
completing the training program.

(F)(1)
Each participating training provider seeking reimbursement for
training costs for one or more microcredentials earned by one or more
individuals in a training program shall submit an application to the
director after the individual or individuals have earned a
microcredential. The training provider shall submit the reimbursement
application during the fiscal year in which the training provider
applied under division (C) of this section, but not later than the
date established by the director. The training provider shall include
in the reimbursement application all of the following information:

(a)
The actual cost for the training provider to provide each individual
with the training;

(b)
Evidence that each individual earned a microcredential;

(c)
Any demographic information of each individual that the individual
provides to the training provider, including race and gender.

(2)
The amount of the reimbursement shall be not more than three thousand
dollars for each microcredential an individual receives. A
participating training provider may not receive a reimbursement for
any additional individual who earns a microcredential beyond the
number of microcredentials included in the application under division
(C) of this section. A participating training provider may receive a
total reimbursement of five hundred thousand dollars in a fiscal
year. However, each participating training provider that is a state
institution of higher education may receive a total reimbursement or
advance payment amount under section 122.1713 of the Revised Code of
one million dollars in a fiscal year.

(3)
A training provider may request that an individual participating in
the training provider's program provide demographic information to
the training provider, including race and gender. An individual is
not required to provide that information.

(G)
The director shall do all of the following regarding the operation of
the program:

(1)
Create an application to participate in the program and an
application for reimbursement;

(2)
Create applications to participate in and seek advance payments under
the platinum provider programs established under sections 122.1712
and 122.1713 of the Revised Code;

(3)
Create and distribute a survey to each individual who successfully
earned a microcredential because of a reimbursement to a training
provider under this section inquiring as to the individual's
occupation and wages at the time of completing the survey.

(H)
The director shall include on the internet web site maintained by the
department, and the governor's office of workforce transformation
shall include on the office's internet web site and the OhioMeansJobs
web site, all of the content created under division (G) of this
section.

(I)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code
as
the director considers necessary to implement this section and
sections 122.1712 and 122.1713 of the Revised Code, including

establishing
priority guidelines for approving applications under division (D) of
this section.

(J)
Any personal information of an individual the director receives in
connection with the individual microcredential assistance program
created under this section is not a public record for purposes of
section 149.43 of the Revised Code. However, the director may use the
information as necessary to complete the reports required under
section 122.1711 of the Revised Code.

Sec.
122.18.
(A)
As used in this section:

(1)
"Facility" means all real property and interests in real
property owned by either of the following:

(a)
A landlord and leased to a tenant pursuant to a project that is the
subject of an agreement under this section;

(b)
The United States or any department, agency, or instrumentality of
the United States.

(2)
"Full-time employee" has the same meaning as under section
122.17 of the Revised Code.

(3)
"Landlord" means a county or municipal corporation, or a
corporate entity that is an instrumentality of a county or municipal
corporation and that is not subject to the tax imposed by section
5733.06 or 5747.02 of the Revised Code.

(4)
"New employee" means a full-time employee first employed
by, or under or pursuant to a contract with, the tenant in the
project that is the subject of the agreement after a landlord enters
into an agreement with the tax credit authority under this section.

(5)
"New income tax revenue" means the total amount withheld
under section 5747.06 of the Revised Code by the tenant or tenants at
a facility during a year from the compensation of new employees for
the tax levied under Chapter 5747. of the Revised Code.

(6)
"Retained income tax revenue" means the total amount
withheld under section 5747.06 of the Revised Code from employees
retained at an existing facility recommended for closure to the base
realignment and closure commission in the United States department of
defense.

(7)
"Tenant" means the United States, any department, agency,
or instrumentality of the United States, or any person under contract
with the United States or any department, agency, or instrumentality
of the United States.

(B)
The tax credit authority may enter into an agreement with a landlord
under which an annual payment equal to the new income tax revenue or
retained income tax revenue, as applicable, or the amount called for
under division (D)(3) or (4) of this section shall be made to the
landlord from moneys of this state that were not raised by taxation,
and shall be credited by the landlord to the rental owing from the
tenant to the landlord for a facility.

(C)
A landlord that proposes a project to create new jobs in this state
or retain jobs in this state at an existing facility recommended for
closure or realignment to the base realignment and closure commission
in the United States department of defense may apply to the tax
credit authority to enter into an agreement for annual payments under
this section. The director of development shall prescribe the form of
the application. After receipt of an application, the authority may
enter into an agreement with the landlord for annual payments under
this section if it determines all of the following:

(1)
The project will create new jobs in this state or retain jobs at a
facility recommended for closure or realignment to the base
realignment and closure commission in the United States department of
defense.

(2)
The project is economically sound and will benefit the people of this
state by increasing opportunities for employment and strengthening
the economy of this state.

(3)
Receiving the annual payments will be a major factor in the decision
of the landlord and tenant to go forward with the project.

(D)
An agreement with a landlord for annual payments shall include all of
the following:

(1)
A description of the project that is the subject of the agreement;

(2)
The term of the agreement, which shall not exceed twenty years;

(3)
Based on the estimated new income tax revenue or retained income tax
revenue, as applicable, to be derived from the facility at the time
the agreement is entered into, provision for a guaranteed payment to
the landlord commencing with the issuance by the landlord of any
bonds or other forms of financing for the construction of the
facility and continuing for the term approved by the authority;

(4)
Provision for offsets to this state of the annual payment in years in
which such annual payment is greater than the guaranteed payment of
amounts previously paid by this state to the landlord in excess of
the new income tax revenue or retained income tax revenue, as
applicable, by reason of the guaranteed payment;

(5)
A specific method for determining how many new employees are employed
during a year;

(6)
A requirement that the landlord annually shall obtain from the tenant
and report to the director of development the number of new employees
and the new income tax revenue withheld in connection with the new
employees, or the number of retained employees and the retained
income tax revenue withheld in connection with the retained
employees, as applicable, and any other information the director
needs to perform the director's duties under this section;

(7)
A requirement that the director of development annually shall verify
the amounts reported under division (D)(6) of this section, and after
doing so shall issue a certificate to the landlord stating that the
amounts have been verified.

(E)
The director of development, in accordance with Chapter 119. of the
Revised Code, shall adopt rules necessary to implement this section.

Sec.
122.25.
(A)
In administering the program established under section 122.24 of the
Revised Code, the director of development shall do all of the
following:

(1)
Designate, within three months after the publication of each
decennial census by the United States census bureau, the entities
that constitute the eligible areas in this state as defined in
section 122.23 of the Revised Code;

(2)
Inform local governments and others in the state of the availability
of the program and financial assistance established under sections
122.23 to 122.27 of the Revised Code;

(3)
Report to the governor, president of the senate, speaker of the house
of representatives, and minority leaders of the senate and the house
of representatives by the first day of August of each year on the
activities carried out under the program during the preceding
calendar year. The report shall include the number of loans made that
year and the amount and recipient of each loan.

(4)
Work in conjunction with conventional lending institutions, local
revolving loan funds, private investors, and other private and public
financing sources to provide loans or loan guarantees to eligible
applicants;

(5)
Establish fees, charges, interest rates, payment schedules, local
match requirements, and other terms and conditions for loans and loan
guarantees provided under the program;

(6)
Require each applicant to demonstrate the suitability of any site for
the assistance sought; that the site has been surveyed, that the site
has adequate or available utilities, and that there are no zoning
restrictions, environmental regulations, or other matters impairing
the use of the site for the purpose intended;

(7)
Require each applicant to provide a marketing plan and management
strategy for the project;

(8)
Adopt rules establishing all of the following:

(a)
Forms and procedures by which eligible applicants may apply for
assistance;

(b)
Criteria for reviewing, evaluating, and ranking applications, and for
approving applications that best serve the goals of the program;

(c)
Reporting requirements and monitoring procedures;

(d)
Guidelines regarding situations in which industrial parks would be
considered to compete against one another for the purposes of
division (B)(2) of section 122.27 of the Revised Code
;

(e)
Any other rules necessary to implement and administer the program
.

(B)
The director may adopt rules establishing requirements governing the
use of any industrial park site receiving assistance under section
122.24 of the Revised Code, such that a certain portion of the site
must be used for manufacturing, distribution, high technology,
research and development, or other businesses wherein a majority of
the product or service produced is exported out of the state.

(C)
As a condition of receiving assistance under section 122.24 of the
Revised Code, and except as provided in division (D) of this section,
an applicant shall agree, for a period of five years, not to permit
the use of a site that is developed or improved with such assistance
to cause the relocation of jobs to that site from elsewhere in the
state.

(D)
A site developed or improved with assistance under section 122.24 of
the Revised Code may be the site of jobs relocated from elsewhere in
the state if the director does all of the following:

(1)
Makes a written determination that the site from which the jobs would
be relocated is inadequate to meet market or industry conditions,
expansion plans, consolidation plans, or other business
considerations affecting the relocating employer;

(2)
Provides a copy of the determination required by division (D)(1) of
this section to the members of the general assembly whose legislative
districts include the site from which the jobs would be relocated;

(3)
Determines that the governing body of the area from which the jobs
would be relocated has been notified in writing by the relocating
company of the possible relocation.

(E)
The director shall obtain the approval of the controlling board for
any loan or loan guarantee provided under sections 122.23 to 122.27
of the Revised Code.

Sec.
122.291.
(A)
The Ohio river commission may do all of the following, subject to
available funding through appropriations made directly by the general
assembly or the controlling board to the commission:

(1)
Employ an executive director who shall have appropriate experience as
determined by the commission, and a secretary-treasurer and other
employees that the commission considers appropriate. The commission
may fix the compensation of the employees.

(2)
Adopt and, from time to time, ratify, amend, and repeal bylaws
necessary and proper for the regulation of its affairs and the
conduct of its business

and rules to implement and make effective its powers and duties
;

(3)
Receive, promote, support, and consider recommendations, from public
or private planning organizations, and develop a master plan for Ohio
river infrastructure and transportation projects;

(4)
Coordinate with port authorities, private port operators,
metropolitan planning organizations, regional transportation planning
organizations, local development districts, Ohio river service
entities, utility service providers, and agricultural, tourism, and
recreational interests, regarding Ohio river infrastructure and
transportation;

(5)
In conjunction with applicable state agencies, coordinate with state
agencies, local governments and communities, other states, and the
federal government regarding Ohio river issues;

(6)
Collect, track, and maintain key statistics and data regarding
commerce on the Ohio river and make an annual report to the general
assembly;

(7)
Ensure the monitoring of federal, state, and local policies,
programs, and priorities pertaining to the development and operation
of marine cargo terminals and travel and tourism on the Ohio river;

(8)
Prioritize policies, programs, and issues identified in the Ohio
maritime strategy prepared by the department of transportation and in
the department's "Economic Impact of the Ohio River Maritime
Activity" study, as those or similar documents or reports are
published and updated from time to time by the department;

(9)
Evaluate policies, programs, programs of research, and priorities to
offset the continued decline in coal production and consumption
within the Ohio river basin and promote prosperity in the Appalachian
region of this state;

(10)
Administer development funds and seek, support, and assist the Ohio
river industry in the utilization of available grants, loans, and
other finance mechanisms in support of Ohio river projects;

(11)
Represent the interests of this state in regional, national, and
international forums pertaining to economic development, marine cargo
terminals, and travel and tourism on the Ohio river and its
tributaries;

(12)
Coordinate, for dissemination and publication, information regarding
the commission and its related activities in connection with the Ohio
river;

(13)
Raise funds through direct solicitation or other fundraising events
alone, or with other groups, and accept gifts, grants, and bequests
from individuals, corporations, foundations, governmental agencies,
and public and private organizations and institutions. The funds,
gifts, grants, or bequests received pursuant to this section shall be
deposited to the Ohio river commission fund created in section
122.292 of the Revised Code.

(B)
The commission, or the department of development, on behalf of the
commission, may apply for and receive from the United States
government grants in accordance with any federal law or program, for
the benefit of Ohio river infrastructure, transportation, or
recreation and tourism.

Sec.
122.38.
(A)
As used in this section:

(1)
"Small business enterprise" means any person with a
principal place of business or research in the state, who meets the
definition of a "small business concern" as defined in 13
C.F.R. 121.7 (a), as amended.

(2)
"Eligible educational institution" means any educational
institution that disseminates information, conducts educational or
technical seminars and meetings, or provides other services of value
or interest to small business enterprises.

(3)
"Eligible organization" means any organization,
representing the interest of small business enterprises or areas of
technological research, that disseminates information, conducts
educational or technical seminars and meetings, or provides other
services of value or interest to small business enterprises.

(B)
There is hereby created in the department of development the small
business innovation research grant program for the purpose of
providing educational, technical, and financial assistance to:

(1)
Any small business enterprise engaging in or intending to engage in
technological research that the director of development determines to
be innovative and in the broad and long-term interest of the economy
of the state;

(2)
Any eligible educational institution;

(3)
Any eligible organization.

(C)
The director may provide educational, technical, and financial
assistance to small business enterprises, eligible educational
institutions, and eligible organizations. Any assistance shall be in
the form and conditioned upon terms the director considers
appropriate.

(D)
The director shall:

(1)
Establish the procedures by which small business enterprises,
eligible educational institutions, and eligible organizations may
apply for assistance under this section;

(2)
Collect, prepare, and disseminate information, describing the types
of assistance offered under the program and describing revelant
federal programs and services to small business enterprises, eligible
educational institutions, and eligible organizations as the director
considers appropriate
;

(3)
Adopt rules for the administration of this section, in accordance
with Chapter 119. of the Revised Code
.

Sec.
122.4020.
(A)
An application for a program grant under the Ohio residential
broadband expansion grant program shall include, at a minimum, the
following information for an eligible project:

(1)
The location and description of the project, including:

(a)
The residential addresses in the unserved or tier one areas where
tier two broadband service will be available following completion of
the project;

(b)
A notarized letter of intent that the broadband provider will provide
access to tier two broadband service to all of the residential
addresses listed in the project;

(c)
A notarized letter of intent by the broadband provider that none of
the funds provided by the program grant will be used to extend or
deploy facilities to any residential addresses other than those in
the unserved or tier one areas that are part of the project.

(2)
The amount of the broadband funding gap and the amount of state funds
requested;

(3)
The amount of any financial or in-kind contributions to be used
towards the broadband funding gap and identification of the
contribution sources, which may include, but are not limited to, any
combination of the following:

(a)
Funds that the broadband provider is willing to contribute to the
broadband funding gap;

(b)
Funds received or approved under any other federal or state
government grant or loan program;

(c)
General revenue funds of a municipal corporation, township, or county
comprising the area of the eligible project;

(d)
Other discretionary funds of the municipal corporation, township, or
county comprising the area of the eligible project;

(e)
Any alternate payment terms that the broadband provider and any
legislative authority in which the project is located have negotiated
and agreed to pursuant to section 122.4025 of the Revised Code;

(f)
Contributions or grants from individuals, organizations, or
companies;

(g)
Property tax assessments made by the municipal corporation under
Chapter 727. of the Revised Code, township under section 505.881 of
the Revised Code, or county under section 303.251 of the Revised
Code.

(4)
The source and amount of any financial or in-kind contributions
received or approved for any part of the overall eligible project
cost, but not applied to the broadband funding gap;

(5)
A description of, or documentation demonstrating, the broadband
provider's managerial and technical expertise and experience with
broadband service projects;

(6)
Whether the broadband provider plans to use wired, wireless, or
satellite technology to complete the project;

(7)
A description of the scalability of the project;

(8)
The megabit-per-second broadband download and upload speeds planned
for the project;

(9)
A description of the broadband provider's customer service
capabilities, including any locally based call centers or customer
service offices;

(10)
A copy of the broadband provider's general customer service policies,
including any policy to credit customers for service outages or the
provider's failure to keep scheduled appointments for service;

(11)
The length of time that the broadband provider has been operating in
the state;

(12)
Proof that the broadband provider has the financial stability to
complete the project;

(13)
A projected construction timetable, including the anticipated date of
the provision of tier two broadband service access within the
project;

(14)
A description of anticipated or preliminary government
authorizations, permits, and other approvals required in connection
with the project, and an estimated timetable for the acquisition of
such approvals;

(15)
A notification from the broadband provider informing the department
of development of any information contained in the application, or
within related documents submitted with it, that the provider
considers proprietary or a trade secret;

(16)
A notarized statement that the broadband provider accepts the
condition that noncompliance with Ohio residential broadband
expansion grant program requirements may require the provider to
refund all or part of any program grant the provider receives;

(17)
A brief description of any arrangements, including any subleases of
infrastructure or joint ownership arrangements that the broadband
provider that submitted the application has entered into, or plans to
enter into, with another broadband provider, an electric cooperative,
or an electric distribution utility, to enable the offering of tier
two broadband service under the project;

(18)
Other relevant information that the department determines is
necessary

and prescribes by rule
;

(19)
Any other information the broadband provider considers necessary.

(B)
To meet the requirement to provide proof of financial responsibility
in the application, the broadband provider may submit publicly
available financial statements with its application.

Sec.
122.4077.
(A)
The
department
of
development

services
agency shall
may

adopt

the
following
rules
for the Ohio residential broadband expansion grant program
.
The rules shall establish an application form and application
procedures for the program and procedures for periodic program grant
disbursements.

(B)
The rules may include the following
:

(1)
Requirements for a program application in addition to the
requirements described in section 122.4020 of the Revised Code;

(2)
Procedures for and circumstances under which partial funding of
applications is permitted;

(3)
Procedures for broadband expansion program authority meetings,
extension periods for applications and application challenges,
hearings, and opportunities for public comment
;

(4)
An application form and application procedures for the program;

(5)
Procedures for periodic program grant disbursements
.

(C)
The agency may adopt rules and procedures to implement sections
122.4051, 122.4053, and 122.4055 of the Revised Code.

(D)

(B)

Rules
adopted under this section are not subject to section 121.95 of the
Revised Code.

(E)
(C)

The
agency

department

and
the authority are not subject to division (F) of section 121.95 of
the Revised Code regarding the development and adoption of rules
pursuant to this section.

Sec.
122.631.
(A)
As used in sections 122.631 to 122.633 of the Revised Code:

(1)
"Qualified nonprofit developer" means a nonprofit
corporation, as defined in section 1702.01 of the Revised Code, that
is all of the following:

(a)
Incorporated in this state;

(b)
Engaged in community development activities primarily within an
identified geographic area of operation in this state;

(c)
Has as its primary purpose the improvement of the physical, economic,
or social environment by addressing critical problems in that
geographic area of operation including housing.

(2)
"Electing subdivision," "county land reutilization
corporation," and "land reutilization program" have
the same meanings as in section 5722.01 of the Revised Code.

(3)
"Manufactured home" has the same meaning as in section
3781.06 of the Revised Code, and "mobile home" has the same
meaning as in section 4501.01 of the Revised Code.

(4)
"Qualifying residential property" means a single unit of
single-family residential property that has at least eight hundred
square feet of habitable space and is either a stand-alone unit or in
a multi-unit property containing not more than ten single-family
residential units. "Qualifying residential property"
excludes mobile homes but includes both of the following:

(a)
A manufactured home;

(b)
A single unit in a multi-unit property that has other nonresidential
units or uses. Such nonresidential units or uses are not qualifying
residential property.

(5)
"Qualifying median income" means one hundred twenty per
cent of median income for the county where qualifying residential
property is located, as determined by the director of development
pursuant to section 174.04 of the Revised Code.

(6)
"Qualifying financial literacy counseling" means a
homeownership course with a curriculum that includes basic home
maintenance training and financial literacy.

(7)
"Qualifying counseling provider" means an individual,
business, nonprofit organization, or political subdivision, including
an agency or instrumentality thereof, that is licensed, certified, or
authorized to provide homeownership counseling and financial literacy
as one of its primary functions, including housing counselors
certified by the United States department of housing and urban
development or the Ohio housing financing agency.

(B)
There is created in the department of development the welcome home
Ohio (WHO) program to administer the grants authorized by this
section and section 122.632 of the Revised Code and the tax credits
authorized by section 122.633 of the Revised Code. The department
shall create and maintain a list of qualifying residential property
to which the deed restriction described in division (D)(4) of this
section, division (B)(4) of section 122.632, or division (C)(4) of
section 122.633 of the Revised Code applies. That list is not a
public record for purposes of section 149.43 of the Revised Code.

(C)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer may apply to the director of
development for a grant from the welcome home Ohio fund, which is
created in the state treasury, to pay or defer the cost of purchasing
qualifying residential property for incorporation into the electing
subdivision's or county land reutilization corporation's land
reutilization program or the qualified nonprofit developer's housing
program. Up to two thousand dollars of each grant may be used to fund
the qualifying financial literacy counseling required under division
(D)(6) of this section. To the extent that funding is available in
that fund, the director may award grants to electing subdivisions,
county land reutilization corporations, and qualified nonprofit
developers that make such an application and agree to comply with
division (D) of this section, with a maximum grant of one hundred
thousand dollars per qualifying residential property.

(D)
The director of development shall require all applicants for a grant
authorized by division (C) of this section to agree, as part of the
application, to all of the following:

(1)
That grant funds shall only be used to pay the cost of purchasing
qualifying residential property;

(2)
That qualifying residential property on which grant funds are spent
shall be held until sold to an individual or individuals who,
inclusively:

(a)
Have annual income that is not more than the qualifying median
income;

(b)
Demonstrate the financial means to purchase the qualifying
residential property;

(c)
Agree to maintain ownership of the qualifying residential property,
occupy it as a primary residence, and not to rent any portion of the
property to another individual for use as a dwelling, for at least
three years following the date of purchase;

(d)
Agree not to sell the qualifying residential property, within fifteen
years after the date of the sale, to any purchaser other than the
electing subdivision, county land reutilization corporation, or
qualified nonprofit developer or an individual or individuals who
have annual income that is not more than the qualifying median
income;

(e)
Agree to pay a penalty to the director of development for violation
of the agreement required by division (D)(2)(c) of this section that
equals the amount of the grant attributable to the property, less
one-third of that amount multiplied by the number of full years the
individual or individuals owned the property;

(f)
Agree that the director of development is a third-party beneficiary
of the purchase agreement;

(g)
Agree to participate in the applicant's qualifying financial literacy
program;

(h)
Agree to annually certify to the director of development, during the
period described by division (D)(2)(c) of this section, that the
individual or individuals own and occupy the qualifying residential
property, and that no part of the property is being rented to another
individual for use as a dwelling.

(3)
That qualifying residential property on which grant funds are spent
shall be sold for not more than two hundred twenty thousand dollars
per property.

(4)
That qualifying residential property on which grant funds are spent
shall not be sold without a deed restriction prohibiting the sale of
the property to a person that is not the electing subdivision, county
land reutilization corporation, or qualified nonprofit developer or
an individual or individuals who have annual income that is not more
than the qualifying median income for fifteen years after the date of
the property's first transfer from the applicant following the use of
grant funds. The deed restriction is a covenant running with the land
and is fully binding on subsequent purchasers of the property until
it expires on the fifteenth anniversary of the property's first
transfer from the applicant following the use of grant funds. The
electing subdivision, county land reutilization corporation, or
qualified nonprofit developer may include in the deed restriction a
right of first refusal to repurchase the property for the purpose of
ensuring that the property is ultimately sold to an individual or
individuals who have annual income that is not more than the
qualifying median income.

(5)
That the applicant shall repay all grant funds not expended to
purchase qualifying residential property or to fund the qualifying
financial literacy counseling required by division (D)(6) of this
section and all grant funds expended to purchase qualifying
residential property that is not sold to an individual or individuals
who meet the requirements described in division (D)(2) of this
section or that is sold without the deed restriction described in
division (D)(4) of this section.

(6)
That the applicant shall provide qualifying financial literacy
counseling, over a minimum of six months, delivered by a qualifying
counseling provider, to each purchaser of qualifying residential
property on which grant funds are spent. An applicant may provide
information regarding its qualifying financial literacy program to
the director of development for review as part of the application or
prior to application. Qualifying financial literacy counseling
provided by the applicant to the same purchaser, in accordance with
division (B)(6) of section 122.632 of the Revised Code or division
(C)(5) of section 122.633 of the Revised Code, satisfies the
requirements of division (D)(6) of this section.

(7)
That the applicant shall report to the department of development the
date when the qualifying residential property that is the subject of
the application is sold by the applicant.

(E)
The director of development has authority and standing to sue for the
enforcement of a deed restriction described in division (D)(4) of
this section.

(F)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer may apply for, and the director of
development may award both a grant under this section for the
purchase of qualifying residential property, and either a grant under
section 122.632 of the Revised Code, or a tax credit under section
122.633 of the Revised Code, to rehabilitate or construct the same
qualifying residential property.

(G)(1)
The director may adopt rules in accordance with Chapter 119.
Of

of

the
Revised Code
as
necessary to administer the grant program. Such rules may include

relating
to any of
the
following:

(a)
Application forms, deadlines, and procedures;

(b)
Criteria for evaluating and prioritizing applications;

(c)
Guidelines for promoting an even geographic distribution of grants
throughout the state;

(d)
Guidelines to determine the value of qualifying residential property
located in a building with other uses and the total value of that
building.

(2)
Any grants repaid under this section shall be credited to the welcome
home Ohio fund.

(3)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer shall use all profits derived from
the sale of qualifying residential property on which grant funds are
spent, including profits derived from the resale of such property to
a subsequent purchaser, for the electing subdivision's or county land
reutilization corporation's land reutilization program or the
qualified nonprofit developer's housing program.

Sec.
122.632.
(A)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer may apply to the director of
development for a grant from the welcome home Ohio fund created in
section 122.631 of the Revised Code to pay or defer the cost to
rehabilitate or construct qualifying residential property held by the
electing subdivision's or county land reutilization corporation's
land reutilization program or the qualified nonprofit developer's
housing program. To the extent that funding is available, in that
fund the director may award grants to electing subdivisions, county
land reutilization corporations, and qualified nonprofit developers
that make such an application and agree to comply with division (B)
of this section, with a maximum grant of one hundred thousand dollars
per qualifying residential property.

(B)
The director of development shall require all applicants for a grant
authorized by division (A) of this section to agree, as part of the
application, to all of the following:

(1)
That grant funds shall be used to pay the cost of rehabilitation or
construction of qualifying residential property and all work will be
completed according to all applicable construction and design
standards. Up to two thousand dollars of each grant may be used to
fund the qualifying financial literacy counseling required under
division (B)(6) of this section. If grant funds are spent to
construct or rehabilitate a qualifying residential property described
in division (A)(4)(b) of section 122.631 of the Revised Code, then no
portion of the funds shall be spent to construct or rehabilitate
portions of the building that are for nonresidential uses, except for
common areas used by the occupants of the residential units and
improvements that serve both the residential units and the other
portions of the building.

(2)
That qualifying residential property on which grant funds are spent
shall be held until sold to an individual or individuals who,
inclusively:

(a)
Have annual income that is not more than the qualifying median
income;

(b)
Demonstrate the financial means to purchase the qualifying
residential property;

(c)
Agree to maintain ownership of the qualifying residential property,
occupy it as a primary residence, and not to rent any portion of the
property to another individual for use as a dwelling, for at least
three years following the date of purchase;

(d)
Agree not to sell the qualifying residential property, within fifteen
years after the date of the sale, to any purchaser other than the
electing subdivision, county land reutilization corporation, or
qualified nonprofit developer or an individual or individuals who
have annual income that is not more than the qualifying median
income;

(e)
Agree to pay a penalty to the director of development for violation
of the agreement required by division (B)(2)(c) of this section that
equals the amount of the grant attributable to the property, less
one-third of that amount multiplied by the number of full years the
individual or individuals owned the property.

(f)
Agree that the director of development is a third-party beneficiary
of the purchase agreement;

(g)
Agree to participate in the applicant's qualifying financial literacy
program;

(h)
Agree to annually certify to the director of development, during the
period described by division (B)(2)(c) of this section, that the
individual or individuals own and occupy the qualifying residential
property, and that no part of the property is being rented to another
individual for use as a dwelling.

(3)
That qualifying residential property on which grant funds are spent
shall be sold for not more than two hundred twenty thousand dollars
per property.

(4)
That qualifying residential property on which grant funds are spent
shall not be sold without a deed restriction prohibiting the sale of
the property to a person that is not the electing subdivision, county
land reutilization corporation, or qualified nonprofit developer or
an individual or individuals who have annual income that is not more
than the median income for fifteen years after the date of the
property's first transfer from the applicant following the use of
grant funds. The deed restriction is a covenant running with the land
and is fully binding on subsequent purchasers of the property until
it expires on the fifteenth anniversary of the property's first
transfer from the applicant following the use of grant funds. The
electing subdivision, county land reutilization corporation, or
qualified nonprofit developer may include in the deed restriction a
right of first refusal to repurchase the property for the purpose of
ensuring that the property is ultimately sold to an individual or
individuals who have annual income that is not more than the
qualifying median income.

(5)
That the applicant shall repay all grant funds expended on any
expenses other than the construction or rehabilitation of qualifying
residential property or financial literacy counseling required under
division (B)(6) of this section, or on qualifying residential
property that is not sold to an individual or individuals who meet
the requirements described in division (B)(2) of this section or that
is sold without the deed restriction described in division (B)(4) of
this section;

(6)
That the applicant shall provide financial qualifying literacy
counseling, over a minimum of six months, delivered by the qualifying
counseling provider, to each purchaser of qualifying residential
property on which grant funds are spent. An applicant may provide
information regarding its qualifying financial literacy program to
the director of development for review as part of the application or
prior to application;

(7)
That the applicant shall report to the department of development the
date when the qualifying residential property that is the subject of
the application is sold by the applicant.

(8)
That, if grant funds are received, the qualifying residential
property that is the subject of the application shall not be the
subject of an application for a tax credit under section 122.633 of
the Revised Code.

(C)
The director of development is granted authority and standing to sue
for the enforcement of a deed restriction described in division
(B)(4) of this section.

(D)(1)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code
as
necessary to administer the grant program. Such rules may include

relating
to any of
the
following:

(a)
Application forms, deadlines, and procedures;

(b)
Criteria for evaluating and prioritizing applications;

(c)
Guidelines for promoting an even geographic distribution of grants
throughout the state;

(d)
Guidelines to determine the value of qualifying residential property
located in a building with other uses and the total value of that
building.

(2)
Any grants repaid under this section shall be credited to the welcome
home Ohio fund.

(3)
An electing subdivision, a county land reutilization corporation, or
a qualified nonprofit developer shall use all profits derived from
the sale of qualifying residential property on which grant funds are
spent, including profits derived from the resale of such property to
a subsequent purchaser, for the electing subdivision's or county land
reutilization corporation's land reutilization program or the
qualified nonprofit developer's housing program.

Sec.
122.633.
(A)
As used in this section, "eligible developer" means any of
the following:

(1)
A nonprofit corporation, as defined in section 1702.01 of the Revised
Code, based in this state with a primary activity of the development

fand

and

preservation
of affordable housing;

(2)
A limited partnership or domestic limited partnership, as defined in
section 1782.01 of the Revised Code, in which a general partner is a
nonprofit corporation based in this state, a primary activity of
which is the development and preservation of affordable housing;

(3)
A limited liability company, as defined in section 1706.01 of the
Revised Code, in which the manager is a nonprofit corporation based
in this state, a primary activity of which is the development and
preservation of affordable housing;

(4)
A community improvement corporation, as defined in section 1724.01 of
the Revised Code, or a community urban redevelopment corporation, as
defined in section 1728.01 of the Revised Code.

(B)
An electing subdivision or eligible developer that rehabilitates or
constructs a unit of qualifying residential property and sells the
property to an individual or individuals for the individual's or
individuals' occupancy may apply to the director of development for a
nonrefundable credit against the tax levied under section 5726.02 or
5747.02 of the Revised Code, provided the rehabilitation or
construction and the sale comply with division (C) of this section.
The credit application shall be made on forms prescribed by the
director. The credit shall equal ninety thousand dollars or ninety
per cent of the cost to rehabilitate or construct the property,
whichever is less.

(C)
An application for a credit authorized by division (B) of this
section shall certify all of the following:

(1)
That the rehabilitation or construction of qualifying residential
property that is the subject of the application was completed
according to all applicable construction and design standards;

(2)
That each qualifying residential property that is the subject of the
application was sold to an individual or individuals who have annual
income that is not more than the qualifying median income,
demonstrated the financial means to purchase the qualifying
residential property, and agreed to all of the following in the
purchase agreement:

(a)
To maintain ownership of the qualifying residential property, occupy
it as a primary residence, and not to rent any portion of the
property to another individual for use as a dwelling, for at least
three years following the date of purchase;

(b)
Not to sell the qualifying residential property to a purchaser other
than the electing subdivision, the eligible developer, or an
individual or individuals who have annual income that is no more than
the qualifying median income for at least fifteen years after the
date of purchase;

(c)
To pay a penalty to the director of development for violation of the
agreement required by division (C)(2)(a) of this section that equals
the total amount of the tax credit authorized by this section and
attributable to the qualifying residential property purchased by the
individual, reduced by one-third of that amount for each full year
the individual or individuals owned the property;

(d)
That the director of development is a third-party beneficiary of the
purchase agreement;

(e)
To participate in the applicant's qualifying financial literacy
program;

(f)
Agree to annually certify to the director of development, during the
period described by division (C)(2)(a) of this section, that the
individual or individuals own and occupy the qualifying residential
property, and that no part of the property is being rented to another
individual for use as a dwelling.

(3)
That the qualifying residential property that is the subject of the
application was sold for not more than two hundred twenty thousand
dollars;

(4)
That the purchaser of the qualifying residential property that is the
subject of the application was transferred with a deed restriction
prohibiting the sale of the property to a person other than the
electing subdivision, the eligible developer, or an individual or
individuals who have annual income that is not more than the
qualifying median income for at least fifteen years after the date of
transfer. The deed restriction is a covenant running with the land
and is fully binding on subsequent purchasers of the property until
it expires on the fifteenth anniversary of the property's first
transfer from the applicant under this section. The electing
subdivision or eligible developer may include in the deed restriction
a right of first refusal to repurchase the property for the purposes
of ensuring that the property is ultimately sold to an individual or
individuals who have annual income that is not more than the
qualifying median income.

(5)
That the applicant provides a minimum of six months of qualifying
financial literacy counseling, delivered by a qualifying counseling
provider, to each purchaser of qualifying residential property that
is the subject of the application. An applicant may provide
information regarding its qualifying financial literacy program to
the director of development for review as part of the application or
prior to application.

(6)
That the applicant shall report to the department of development the
date when the qualifying residential property that is the subject of
the application is sold by the applicant.

(7)
That the qualifying residential property that is the subject of the
application was not rehabilitated or constructed using grant funds
received under section 122.632 of the Revised Code.

(D)
The director of development is granted authority and standing to sue
for the enforcement of a deed restriction described in division
(C)(4) of this section.

(E)(1)
Subject to division (E)(2) of this section, if the director
determines that the applicant qualifies for a credit under this
section, the director shall issue a tax credit certificate to the
applicant identified with a unique number and listing the amount of
the credit that is eligible to be transferred or claimed pursuant to
division (E)(3) or (F) of this section.

(2)
The total amount of tax credits issued by the director under this
section after
the
effective date of this amendment
September
30, 2025,
shall
not exceed twenty million dollars, and no tax credits shall be issued
after June 30, 2027.

(3)
A person granted a certificate pursuant to division (E)(1) of this
section may claim the credit against the tax levied under section
5726.02 of the Revised Code or against the person's aggregate tax
liability under section 5747.02 of the Revised Code for the taxable
year in which the certificate is issued. The taxpayer shall claim the
credit in the order prescribed by section 5726.98 or 5747.98 of the
Revised Code, as applicable. Any unused amount may be carried forward
for the following five taxable years. If the person is a pass-through
entity, any taxpayer that is a direct or indirect investor in the
pass-through entity on the last day of the entity's taxable year may
claim the taxpayer's proportionate or distributive share of the
credit against the taxpayer's aggregate amount of tax levied under
section 5747.02 of the Revised Code.

A
taxpayer claiming a credit under this section shall submit a copy of
the certificate with the taxpayer's return or report.

(F)
A person granted a certificate pursuant to division (E)(1) of this
section may transfer the right to claim all or part of the credit
reflected on the certificate to another person.

To
effectuate the transfer, the transferor shall notify the tax
commissioner, in writing, that the transferor is transferring the
right to claim all or part of the remaining credit stated on the
certificate. The transferor shall identify in that notification the
certificate's number, the name and the tax identification number of
the transferee, the amount of the remaining credit transferred to the
transferee, and, if applicable, the amount of remaining credit
retained by the transferor.

The
transferee may claim the amount of the credit received under this
division against the tax levied under section 5726.02 of the Revised
Code or against the person's aggregate tax liability under section
5747.02 of the Revised Code for the taxable year in the same manner
and for the same taxable years as it may be claimed by a person under
division (E)(3) of this section.

Any
person to which a credit has been transferred under this division may
transfer the right to claim all or part of the transferred credit
amount to any other person, in the same manner prescribed by this
division for the initial transfer, including that any such transfer
be reported by the transferor to the tax commissioner as described in
this division.

Transferring
a credit under this division does not extend the taxable years for
which the credit may be claimed or number of years for which the
unclaimed credit amount may be carried forward.

(G)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code
as
necessary to administer the tax credits authorized by this section.
Such rules may include
relating
to
the
following:

(1)
Application forms, deadlines, and procedures;

(2)
Criteria for evaluating and prioritizing applications;

(3)
Guidelines for promoting an even geographic distribution of credits
throughout the state.

Sec.
122.6511.
(A)
As used in this section and section 122.6512 of the Revised Code:

(1)
"Brownfield" means an abandoned, idled, or under-used
industrial, commercial, or institutional property where expansion or
redevelopment is complicated by known or potential releases of
hazardous substances or petroleum.

(2)
"Lead entity" means a county, township, municipal
corporation, port authority, conservancy district, park district or
other similar park authority, county land reutilization corporation,
or organization for profit.

(3)
"Remediation" means any action to contain, remove, or
dispose of hazardous substances or petroleum at a brownfield.
"Remediation" includes the acquisition of a brownfield,
demolition performed at a brownfield, and the installation or upgrade
of the minimum amount of infrastructure that is necessary to make a
brownfield operational for economic development activity.
"Remediation" also includes demolition and infrastructure
development costs.

(4)
"County land reutilization corporation" has the same
meaning as in section 1724.01 of the Revised Code.

(5)
"Demolition and infrastructure development costs" means
demolition costs and costs associated with constructing, upgrading,
or extending infrastructure necessary to make a brownfield
operational.

(6)
"Priority investment area eligible project" means some or
all of the following activities necessary or conducive for
generating, transporting, storing, or transmitting electricity at the
site of a brownfield or former coal mine located in a priority
investment area designated under section 122.161 of the Revised Code:

(a)
Environmental or cultural resource site assessments;

(b)
The monitoring, remediation, cleanup, or containment of land to
remove any condition or substance regulated by state or federal
environmental laws or regulations, including hazardous substances,
hazardous wastes, solid wastes, or petroleum;

(c)
The demolition and removal of existing structures, grading, or other
site work necessary to make a site or certain real property that
includes a brownfield or former coal mine usable for economic
development;

(d)
The development of a remediation and reuse plan;

(e)
The development or operation of a site for energy generation or
battery storage.

(B)(1)
There is hereby created the brownfield remediation program to award
grants for priority investment area eligible projects and the
remediation of brownfield sites throughout Ohio. The program shall be
administered by the director of development pursuant to this section
and rules adopted pursuant to division (B)(2) of this section.

(2)
The director shall adopt rules, under Chapter 119. of the Revised
Code, for
the
administration of the program. The rules shall include provisions for

determining
project and project sponsor eligibility
,
program administration, and any other provisions the director finds
necessary
.

(3)
The director shall not award a grant exceeding ten million dollars to
a priority investment area eligible project. Grants for such projects
may not be used for the construction or operation of electric
generating infrastructure.

(C)(1)
There is hereby created in the state treasury the brownfield
remediation fund. The fund shall consist of moneys appropriated to it
by the general assembly.

The
director shall reserve funds from each appropriation to the fund to
each county in the state. The amount reserved shall be one million
dollars per county, or, if an appropriation is less than eighty-eight
million dollars, a proportionate amount to each county. Amounts
reserved pursuant to this section are reserved for one calendar year
from the date of the appropriation. After one calendar year, the
funds shall be available pursuant to division (D) of this section.

(2)
A lead entity may submit a grant application for the use of funds
reserved under division (C)(1) of this section to the director.

(D)
Funds from an appropriation not reserved under division (C)(1) of
this section shall be available for grants to projects located
anywhere in the state, and grants from those funds shall be awarded
on a case by case basis. In making the award determination, the
director shall evaluate the economic merit of the project to the
county, surrounding counties, and state. The director also shall
ensure that projects awarded are in different regions of the state.

(E)
The amendments to this section by
this
act
H.B.
96 of the 136th general assembly
apply
to new projects that are applied for and awarded funding by the
director of development on and after
the
effective date of this amendment
September
30, 2025
.
Projects that are applied for or were applied for under this section
prior to July 1, 2025, shall be governed by this section as it
existed prior to July 1, 2025.

Sec.
122.6512.
(A)(1)
There is hereby created the building demolition and site
revitalization program to award grants for the demolition of
commercial and residential buildings and revitalization of
surrounding properties on sites that are not brownfields. The program
shall be administered by the director of development pursuant to this
section and rules adopted pursuant to division (A)(2) of this
section.

(2)
The director shall adopt rules
,
under Chapter 119. of the Revised Code, for the administration of the
program. The rules shall include provisions
for
determining project and project sponsor eligibility
,
program administration, and any other provisions the director finds
necessary
.

(3)
The director shall ensure that the program is operational and
accepting proposals for grants not later than ninety days after
September 30, 2021.

(4)
To streamline funding through the program, each county shall have one
lead entity designated in accordance with the following:

(a)
If the county has a population of less than one hundred thousand
according to the most recent federal decennial census, the director
shall select the lead entity from a list of recommendations made by
the board of county commissioners of the county. The board shall
submit a lead entity letter of intent and any other documentation
required by the director in order for the director to select a lead
entity for that county.

(b)
If the county has a population of one hundred thousand or more
according to the most recent federal decennial census and the county
does not have a county land reutilization corporation, the director
shall select the lead entity from a list of recommendations made by
the board of county commissioners of the county. The board shall
submit a lead entity letter of intent and any other documentation
required by the director in order for the director to select a lead
entity for that county.

(c)
If the county has a population of one hundred thousand or more
according to the most recent federal decennial census and the county
has a county land reutilization corporation, the county land
reutilization corporation is the lead entity for that county.

(5)
The lead entity of each county shall submit all grant applications
for that county. The lead entity shall submit with a grant
application any agreements executed between the lead entity with
other recipients that will receive grant money through the lead
entity, if applicable. Such recipients may include local governments,
nonprofit organizations, community development corporations, regional
planning commissions, county land reutilization corporations, and
community action agencies.

(B)(1)
There is hereby created in the state treasury the building demolition
and site revitalization fund. The fund shall consist of moneys
appropriated to it by the general assembly.

(2)
The director shall reserve funds from each appropriation to the fund
to each county in the state. The amount reserved shall be five
hundred thousand dollars per county, or, if an appropriation is less
than forty-four million dollars, a proportionate amount to each
county. Amounts reserved pursuant to this section are reserved for
one calendar year from the date of the appropriation. After one
calendar year, the funds shall be available pursuant to division
(B)(3) of this section.

(3)
Funds from an appropriation not reserved under division (B)(2) of
this section shall be available for grants to projects located
anywhere in the state. Grants awarded pursuant to this division shall
be limited to seventy-five per cent of a project's total cost.

Sec.
122.74.
(A)(1)
The director of development shall do all of the following:

(a)
Receive applications for assistance under sections 122.71 to 122.83
and 122.87 to 122.89 of the Revised Code and applications from surety
companies for bond guarantees under section 122.90 of the Revised
Code, and, after processing but subject to division (A)(2) of this
section, forward them to the minority development financing advisory
board together with necessary supporting information;

(b)
Receive the recommendations of the board and make a final
determination whether to approve the application for assistance;

(c)
Receive recommendations from a regional economic development entity
for loans made under section 122.76 of the Revised Code and make a
final determination, notwithstanding divisions (A)(1) and (2) of this
section, whether to approve the proposed loan;

(d)
Transmit the director's determinations to approve assistance to the
controlling board unless such assistance falls under section 122.90
of the Revised Code and has been previously approved by the
controlling board, together with any information the controlling
board requires for its review and decision as to whether to approve
the assistance.

(2)
The director is not required to submit any determination, data,
terms, or any other application materials or information to the
minority development financing advisory board when provision of the
assistance has been recommended to the director by a regional
economic development entity or when an application for a surety
company for bond guarantees under section 122.90 of the Revised Code
has been previously approved by the controlling board.

(B)
The director may do all of the following:

(1)
Fix the rate of interest and charges to be made upon or with respect
to moneys loaned or guaranteed by the director and the terms upon
which mortgages and lease rentals may be guaranteed and the rates of
charges to be made for them and make provisions for the operation of
the funds established by the director in accordance with this section
and sections 122.80, 122.88, and 122.90 of the Revised Code;

(2)
Loan and guarantee moneys from the fund established in accordance
with section 122.80 of the Revised Code pursuant to and in compliance
with sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised
Code.

(3)
Acquire in the name of the director any property of any kind or
character in accordance with sections 122.71 to 122.83 and 122.87 to
122.90 of the Revised Code, by purchase, purchase at foreclosure, or
exchange on such terms and in such manner as the director considers
proper;

(4)
Make and enter into all contracts and agreements necessary or
incidental to the performance of the director's duties and the
exercise of the director's powers under sections 122.71 to 122.83 and
122.87 to 122.90 of the Revised Code;

(5)
Maintain, protect, repair, improve, and insure any property that the
director has acquired and dispose of it by sale, exchange, or lease
for the consideration and on the terms and in the manner as the
director considers proper, but the director shall not operate any
such property as a business except as the lessor of it;

(6)(a)
When the cost of any contract for the maintenance, protection,
repair, or improvement of any property held by the director, other
than compensation for personal services, involves an expenditure of
more than fifty thousand dollars, the director shall make a written
contract with the lowest responsive and responsible bidder in
accordance with section 9.312 of the Revised Code after advertisement
for not less than two consecutive weeks in a newspaper of general
circulation in the county where such contract, or some substantial
part of it, is to be performed, and in such other publications as the
director determines, which notice shall state the general character
of the work and the general character of the materials to be
furnished, the place where plans and specifications therefor may be
examined, and the time and place of receiving bids.

(b)
Each bid for a contract for the construction, demolition, alteration,
repair, or reconstruction of an improvement shall contain the full
name of every person interested in it and meet the requirements of
section 153.54 of the Revised Code.

(c)
Each bid for a contract, except as provided in division (B)(6)(b) of
this section, shall contain the full name of every person interested
in it and shall be accompanied by bond or certified check on a
solvent bank, in such amount as the director considers sufficient,
that if the bid is accepted a contract will be entered into and the
performance of the proposal secured.

(d)
The director may reject any and all bids.

(e)
A bond with good and sufficient surety, approved by the director,
shall be required of every contractor awarded a contract except as
provided in division (B)(6)(b) of this section, in an amount equal to
at least fifty per cent of the contract price, conditioned upon
faithful performance of the contract.

(7)
Employ or contract with financial consultants, appraisers, consulting
engineers, superintendents, managers, construction and accounting
experts, attorneys, and other employees and agents as are necessary
in the director's judgment and fix their compensation;

(8)
Receive and accept grants, gifts, and contributions of money,
property, labor, and other things of value to be held, used, and
applied only for the purpose for which the grants, gifts, and
contributions are made, from individuals, private and public
corporations, from the United States or any agency thereof, from the
state or any agency thereof, and from any political subdivision of
the state, and may agree to repay any contribution of money or to
return any property contributed or the value thereof at such times,
in amounts, and on terms and conditions, excluding the payment of
interest, as the director determines at the time the contribution is
made, and may evidence the obligations by notes, bonds, or other
written instruments;

(9)
Establish with the treasurer of state the funds provided in sections
122.80 and 122.88 of the Revised Code in addition to such funds as
the director determines are necessary or proper;

(10)

Adopt
rules under Chapter 119. of the Revised Code necessary to implement
sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code.

(11)

Do
all acts and things necessary or proper to carry out the powers
expressly granted and the duties imposed in sections 122.71 to 122.83
and 122.87 to 122.90 of the Revised Code.

(C)(1)
All expenses and obligations incurred by the director in carrying out
the director's powers and in exercising the director's duties under
sections 122.71 to 122.83 and 122.87 to 122.90 of the Revised Code
shall be payable solely from revenues or other receipts or income of
the director, from grants, gifts, and contributions, or funds
established in accordance with such sections. Such sections do not
authorize the director to incur indebtedness or to impose liability
on the state or any political subdivision of the state.

(2)
Financial statements and other data submitted to the director by any
corporation, partnership, or person in connection with financial
assistance provided under sections 122.71 to 122.83 and 122.87 to
122.90 of the Revised Code, or any information taken from such
statements or data for any purpose, shall not be open to public
inspection.

Sec.
122.851.
(A)
As used in this section:

(1)
"Venture capital operating company" has the same meaning as
in 29 C.F.R. 2510.3-101.

(2)
"Ohio venture capital operating company" means a venture
capital operating company certified by the director of development as
having met the requirements prescribed by division (B) of this
section. A venture capital operating company is an Ohio venture
capital operating company only for so long as the certification is
valid.

(3)
"Ohio business" means a business that, in either the
calendar year in which a capital gain from the business is recognized
by the Ohio venture capital operating company or its direct or
indirect investors or the calendar year in which the Ohio venture
capital operating company distributes an equity interest or security
in the business, has its headquarters in this state and employs more
than one-half of the total number of its full-time equivalent
employees in this state. For the purpose of this section, an employee
is employed in this state if the business is required to withhold
income tax under section 5747.06 of the Revised Code for fifty per
cent or more of the compensation paid to the employee in either the
calendar year in which the Ohio venture capital operating company or
its direct or indirect investors recognize a capital gain from the
business or the calendar year in which the Ohio venture capital
operating company distributes an equity interest or security in the
business, as applicable.

(4)
"Qualifying interest" means a direct or indirect ownership
interest acquired through an investment of cash or cash equivalent
made in, or the provision of services to, a venture capital operating
company during the period for which it was certified as an Ohio
venture capital operating company.

(B)(1)
A venture capital operating company may apply to the director of
development for certification as an Ohio venture capital operating
company if it manages, or has capital commitments of, at least fifty
million dollars in active assets and at least two-thirds of its
managing and general partners are residents of Ohio under division
(I) of section 5747.01 of the Revised Code. The director, in
consultation with the tax commissioner, shall prescribe the form and
manner of the application and the information or documentation
required to be submitted with the application.

(2)
The director shall review and make a determination with respect to
each application submitted under this division within sixty days of
receipt. The director shall grant certification to any applicant that
meets the criteria prescribed by this division. The director shall
decline certification of any applicant that does not meet such
criteria. The director shall notify the applicant and the tax
commissioner of the director's determination in writing.

(C)(1)
Certification as an Ohio venture capital operating company is valid
for as long as the company continues to qualify as a venture capital
operating company and meets the criteria prescribed by division
(B)(1) of this section.

(2)
A company that no longer qualifies as a venture capital operating
company or no longer meets the criteria prescribed by division (B)(1)
of this section shall notify the director within thirty days of the
date the company ceases to qualify.

(3)
Upon receiving such a notification or upon otherwise discovering that
an Ohio venture capital operating company no longer qualifies for
certification, the director shall issue a written notice of
revocation to the venture capital operating company and the tax
commissioner. The notice shall state the effective date of the
revocation, which shall be the date the company ceased to qualify for
certification as an Ohio venture capital operating company.

(4)
An Ohio venture capital operating company receiving such a notice may
contest the director's decision to revoke its certification or the
effective date of that revocation by submitting additional
information or documentation to the director and requesting
reconsideration in writing within thirty days of the notice of
revocation based on that information or documentation. The director
shall review and evaluate any such requests within thirty days of
receipt. The director shall notify the company and tax commissioner
in writing of the director's decision on the request, which shall not
be subject to appeal or further review.

(D)(1)
On or after the first day of January and on or before the first day
of February of each year, a company that is certified as an Ohio
venture capital operating company shall provide the following
information, on forms prescribed by the director of development, to
the director and the tax commissioner:

(a)
The name, social security or federal employer identification number,
and ownership percentage of each person with a qualifying interest in
the company;

(b)
The amount of capital gains generated during the portion of the
previous calendar year during which the company was certified as an
Ohio venture capital operating company;

(c)
A description of the company's investments that generated the capital
gains described in division (D)(1)(b) of this section, including the
date of sale and whether the investment was in an Ohio business;

(d)
The amount of, and basis in, any equity interests or securities
distributed to each investor, arranged by entity, while the company
was certified as an Ohio venture capital operating company and
whether the entity is an Ohio business;

(e)
Any other information the director, in consultation with the tax
commissioner, considers relevant and necessary to administer the
deduction allowed under division (A)(35) of section 5747.01 of the
Revised Code.

(2)
The director shall review the information submitted under division
(D)(1) of this section by an Ohio venture capital operating company
within sixty days of receipt. If the company generated capital gains
that qualify for the deduction allowed under division (A)(35) of
section 5747.01 of the Revised Code or distributed equity interests
or securities that, when sold, will qualify for the deduction once
income is recognized from its disposition, the director shall issue a
certificate to the company. The certificate shall include a unique
number and the following information:

(a)
The total amount of capital gains generated during the portion of the
year during which the company was certified as an Ohio venture
capital operating company;

(b)
The portion of the capital gains attributable to the company's
investments in Ohio businesses; and

(c)
The total amount of, and basis in, any equity interests or securities
distributed during the portion of the year during which the company
was certified as an Ohio venture capital operating company;

(d)
The portion of the distributed equity interests or securities
attributable to the company's investments in Ohio businesses;

(e)
The portion of the amounts described in divisions (D)(2)(a) and (b)
of this section attributable to each individual with a qualifying
interest in the company;

(f)
Any other information the director or tax commissioner considers
necessary for the administration of the deduction allowed under
division (A)(35) of section 5747.01 of the Revised Code.

(E)
An Ohio venture capital operating company shall provide each person
with a qualifying interest in the company with a copy of the
certificate issued under division (D) of this section and any other
documentation necessary to compute the adjustments under division
(A)(35) of section 5747.01 of the Revised Code. A pass-through entity
that receives a certificate issued under this division from an Ohio
venture capital operating company shall provide its investors with a
copy of the certificate and any other documentation necessary to
compute the adjustments under division (A)(35) of section 5747.01 of
the Revised Code.

A
taxpayer claiming a deduction under division (A)(35)(a) of section
5747.01 of the Revised Code shall provide, upon request of the tax
commissioner, a copy of that certificate. The taxpayer shall retain a
copy of the certificate for four years from the later of the final
filing date of the return on which the deduction was claimed or the
date the return on which the deduction was claimed is filed.

(F)
The director of development, in consultation with the tax
commissioner, may adopt rules in accordance with Chapter 119. of the
Revised Code as are necessary to administer this section.

Sec.
122.86.
(A)
As used in this section and section 5747.81 of the Revised Code:

(1)
"Small business enterprise" means a corporation,
pass-through entity, or other person satisfying all of the following:

(a)
At the time of a qualifying investment, the enterprise meets all of
the following requirements:

(i)
Has no outstanding tax or other liabilities owed to the state;

(ii)
Is in good standing with the secretary of state, if the enterprise is
required to be registered with the secretary;

(iii)
Is current with any court-ordered payments;

(iv)
Is not engaged in any illegal activity.

(b)
At the time of a qualifying investment, the enterprise's assets
according to generally accepted accounting principles do not exceed
fifty million dollars, or its annual sales do not exceed ten million
dollars. When making this determination, the assets and annual sales
of all of the enterprise's related or affiliated entities shall be
included in the calculation.

(c)
At the time of a qualifying investment and for the two-year period
immediately preceding the qualifying investment, the enterprise
employs at least fifty full-time equivalent employees in this state
for whom the enterprise is required to withhold income tax under
section 5747.06 of the Revised Code, or more than one-half the
enterprise's total number of full-time equivalent employees employed
anywhere in the United States are employed in this state and are
subject to that withholding requirement.

(d)
The enterprise, within six months after an eligible investor's
qualifying investment is made, incurs cost for one or more of the
following:

(i)
Tangible personal property, other than motor vehicles operated on
public roads and highways, used in business and physically located in
this state from the time of its acquisition by the enterprise until
the end of the investor's holding period, including the installation
of such tangible personal property;

(ii)
Motor vehicles operated on public roads and highways if, from the
time of acquisition by the enterprise until the end of the investor's
holding period, the motor vehicles are purchased in this state,
registered in this state under Chapter 4503. of the Revised Code, are
used primarily for business purposes, and are necessary for the
operation of the enterprise's business;

(iii)
Real property located in this state that is used in the business from
the time of its acquisition by the enterprise until the end of the
holding period;

(iv)
Leasehold improvements and construction costs for property located in
this state that is used in the business from the time its improvement
or construction was completed until the end of the holding period;

(v)
Compensation for new employees of the enterprise hired after the date
the qualifying investment is made for whom the enterprise is required
to withhold income tax under section 5747.06 of the Revised Code.

(2)
"Qualifying investment" means an investment of money made
to acquire capital stock or other equity interest in a small business
enterprise. "Qualifying investment" does not include either
of the following:

(a)
Any investment of money an eligible investor derives, directly or
indirectly, from a grant or loan from the federal government or the
state or a political subdivision, including the third frontier
program under Chapter 184. of the Revised Code;

(b)
Any investment of money which is the basis of a tax credit granted
under any other section of the Revised Code.

(3)
"Eligible investor" means an individual, estate, or trust
subject to the tax imposed by section 5747.02 of the Revised Code, or
a pass-through entity in which such an individual, estate, or trust
holds a direct or indirect ownership or other equity interest. To
qualify as an eligible investor, the individual, estate, trust, or
pass-through entity shall not owe any outstanding tax or other
liability to the state at the time of a qualifying investment.

(4)
"Holding period" means the two-year period beginning on the
day a qualifying investment is made.

(5)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(B)
An eligible investor that makes a qualifying investment in a small
business enterprise on or after July 1, 2019, but on or before
November 3, 2025, may apply to the director of development to obtain
an allocation for a small business investment certificate from the
director. Alternatively, a small business enterprise may apply on
behalf of eligible investors to obtain the allocation for those
investors. The application must be submitted to the director within
sixty days after the date of the qualifying investment, but within
the same biennium as the qualifying investment. The director, in
consultation with the tax commissioner, shall prescribe the form or
manner in which an applicant shall apply for the certificate, devise
the form of the certificate, and prescribe any records or other
information an applicant shall furnish with the application to
evidence the qualifying investment. The applicant shall pay an
application fee equal to the greater of one-tenth of one per cent of
the amount of the intended investment or one hundred dollars.

The
director may reserve small business investment allocations to
qualifying applicants in the order in which the director receives
applications. An application is completed when the director has
validated that an eligible investor has made a qualified investment
and receives all required documentation needed to demonstrate the
small business enterprise satisfies the requirements of division
(A)(1) of this section. To qualify for an allocation, an eligible
investor must satisfy both of the following, subject to the
limitation on the amount of qualifying investments for which
allocations may be issued under division (C) of this section:

(1)
The eligible investor makes a qualifying investment on or after July
1, 2019, but on or before November 3, 2025.

(2)
The eligible investor pledges not to sell or otherwise dispose of the
qualifying investment before the conclusion of the applicable holding
period.

(C)(1)
The amount of any eligible investor's qualifying investments for
which small business investment allocations may be issued for a
fiscal biennium shall not exceed ten million dollars.

(2)
The director shall not issue a small business investment allocation
to an eligible investor representing an amount of qualifying
investment in excess of the amount of the investment indicated on the
investor's application.

(3)
For any fiscal biennium beginning before July 1, 2019, the director
shall not issue small business investment allocations in a total
amount that would cause the tax credits claimed in that biennium to
exceed one hundred million dollars. For any fiscal biennium beginning
on or after July 1, 2019, the director shall not issue small business
investment allocations in a total amount that would cause the tax
credits claimed in that biennium to exceed fifty million dollars.

(4)
The director may issue a small business investment allocation only if
both of the following apply at the time of issuance:

(a)
The small business enterprise meets all the requirements listed in
divisions (A)(1)(a)(i) to (iv) of this section;

(b)
The eligible investor does not owe any outstanding tax or other
liability to the state.

(5)
The director shall not issue a small business investment allocation
on the basis of any investment for which an Ohio opportunity zone
investment certificate has been issued under section 122.84 of the
Revised Code.

(D)
Before the end of the applicable holding period of a qualifying
investment, each enterprise in which a qualifying investment was made
for which a small business investment allocation has been issued,
upon the request of the director, shall provide to the director
records or other evidence satisfactory to the director that the
enterprise is a small business enterprise for the purposes of this
section. Each enterprise shall also provide annually to the director
records or evidence regarding the number of jobs created or retained
in the state. The director shall compile and maintain a register of
small business enterprises qualifying under this section and shall
certify the register to the tax commissioner. The director shall also
compile and maintain a record of the number of jobs created or
retained as a result of qualifying investments made pursuant to this
section.

(E)
After the conclusion of the applicable holding period for a
qualifying investment, a person to whom a small business investment
allocation has been issued under this section shall receive a small
business investment certification, which entitles the person to claim
a credit as provided under section 5747.81 of the Revised Code.
However, no certificate may be issued if the director finds that any
requirement under this section is not met.

(F)
The director, in consultation with the tax commissioner, may adopt
rules
for
the administration of this section, including rules
governing
the following:

(1)
Documents, records, or other information eligible investors shall
provide to the director;

(2)
Any information a small business enterprise shall provide for the
purposes of this section and section 5747.81 of the Revised Code;

(3)
Determination of the number of full-time equivalent employees of a
small business enterprise;

(4)
Verification of a small business enterprise's investment;

(5)
Circumstances under which small business enterprises or eligible
investors may be subverting the purposes of this section and section
5747.81 of the Revised Code.

(G)
Application fees paid under division (B) of this section shall be
credited to the tax incentives operating fund created in section
122.174 of the Revised Code.

Sec.
122.91.
(A)
As used in this section:

(1)
"Qualifying individual" means an individual who holds a
valid commercial driver's license or who is eligible to obtain such a
license.

(2)
"Commercial driver's license" and "commercial motor
vehicle" have the same meanings as in section 4506.01 of the
Revised Code.

(3)
"Training expense" means any cost customarily incurred by
an employer to train an employee who is a qualifying individual to
obtain a commercial driver's license or to operate a commercial motor
vehicle. "Training expense" shall not include such an
employee's wages.

(4)
"Tax credit-eligible training expense" means any training
expense certified under division (B) of this section.

(5)
"Director" means the director of development.

(B)(1)
For calendar years 2023 through 2026, an employer may apply to the
director, on or before the first day of December of each year and on
a form prescribed by the director, to certify training expenses that
an employer estimates the employer will incur during the following
calendar year as tax credit-eligible training expenses. Within thirty
days after receiving such an application, the director shall certify
to each applicant the amount of the applicant's submitted expenses
the director finds to be tax credit-eligible training expenses. The
director shall not certify more than fifty thousand dollars of
training expenses per year as tax credit-eligible training expenses
for any employer.

(2)
The director shall not certify more than three million dollars in tax
credit-eligible training expenses for each calendar year, increased
by the sum of tax credit-eligible expenses the director was
authorized to certify within the limit described in division (B)(2)
of this section for preceding years that were not the basis of a tax
credit certificate issued under division (C)(2) of this section in
the current year or any preceding year.

(C)(1)
An employer that incurs tax credit-eligible training expenses in a
calendar year that were certified for that year under division (B) of
this section may apply to the director for a nonrefundable credit
against the tax imposed by section 5747.02 of the Revised Code. The
credit shall equal one-half of the tax credit-eligible training
expenses actually incurred by the employer in, and certified for, the
preceding calendar year. The application may be submitted after the
first day and before the twenty-first day of January of the year
following the year for which the director certified the expenses. The
application shall be submitted on a form prescribed by the director
and shall, at a minimum, include an itemized list of tax
credit-eligible training expenses incurred by the employer for each
employee and the identities of those employees.

(2)
If the director approves an application described in division (C)(1)
of this section, the director, within sixty days after receipt of the
application, shall issue a tax credit certificate to the applicant.
The director in consultation with the tax commissioner shall
prescribe the form and manner of issuing certificates. The director
shall assign a unique identifying number to each tax credit
certificate and shall record the certificate in a register devised
and maintained by the director for that purpose. The certificate
shall state the amount of the tax credit-eligible training expenses
on which the credit is based, the amount of the credit, and the date
the certificate is issued. Upon issuance of a certificate, the
director shall certify to the tax commissioner the name of the
applicant
,

and

the amount of tax credit-eligible training expenses stated on the
certificate
,
and any other information required by the rules adopted under this
section
.

(D)(1)
An employer that has been issued a tax credit certificate under
division (C)(2) of this section during the preceding calendar year
shall file a form with the director identifying all employees, the
training of which is the basis of that tax credit, whose employment
with the employer was terminated during the preceding calendar year,
the amount of the tax credit that is attributable to those employees,
and any other information requested by the director. The form shall
be prescribed by the director, and shall be filed on or before the
twenty-first day of January of the year following the issuance year
stated on the certificate.

(2)
The director shall annually submit to the general assembly a report
in accordance with division (B) of section 101.68 of the Revised Code
that includes the total number of employees described in division
(D)(1) of this section and reported to the director for the preceding
calendar year, the total amount of tax credits attributable to those
employees, and any other information the director finds pertinent.

(E)
The director in consultation with the tax commissioner shall adopt
rules under Chapter 119. of the Revised Code
for
the administration of this section. Such rules shall set
setting

forth
any applicable fees, any penalties for noncompliance with the
reporting requirements prescribed in division (D) of this section,
and the types of expenses that qualify as training expenses for
purposes of this section.

Sec.
122.922.
(A)
As used in this section, "EDGE business enterprise" means a
sole proprietorship, association, partnership, corporation, limited
liability corporation, or joint venture certified as a participant in
the encouraging diversity, growth, and equity program by the director
of development under this section of the Revised Code.

(B)
The director of development shall establish a business assistance
program known as the encouraging diversity, growth, and equity
program and shall adopt rules in accordance with Chapter 119. of the
Revised Code to
administer
the program that
do
all of the following:

(1)
Establish procedures by which a sole proprietorship, association,
partnership, corporation, limited liability corporation, or joint
venture may apply for certification as an EDGE business enterprise;

(2)
Except as provided in division (B)(14) of this section, establish
agency procurement goals for contracting with EDGE business
enterprises in the award of contracts under Chapters 123., 125., and
153. of the Revised Code based on the availability of eligible
program participants by region or geographic area, as determined by
the director, and by standard industrial code or equivalent code
classification.

(a)
Goals established under division (B)(2) of this section shall be
based on a percentage level of participation and a percentage of
contractor availability.

(b)
Goals established under division (B)(2) of this section shall be
applied at the contract level, relative to an overall dollar goal for
each state agency, in accordance with the following certification
categories: construction, architecture, and engineering; professional
services; goods and services; and information technology services.

(3)
Establish a system of certifying EDGE business enterprises based on a
requirement that the business owner or owners show both social and
economic disadvantage based on the following, as determined to be
sufficient by the director:

(a)
Relative wealth of the business seeking certification as well as the
personal wealth of the owner or owners of the business;

(b)
Social disadvantage based on any of the following:

(i)
A rebuttable presumption when the business owner or owners
demonstrate membership in a racial minority group or show personal
disadvantage due to color, ethnic origin, gender, physical
disability, long-term residence in an environment isolated from the
mainstream of American society, location in an area of high
unemployment;

(ii)
Some other demonstration of personal disadvantage not common to other
small businesses;

(iii)
By business location in a qualified census tract.

(c)
Economic disadvantage based on economic and business size thresholds
and eligibility criteria designed to stimulate economic development
through contract awards to businesses located in qualified census
tracts.

(4)
Establish standards to determine when an EDGE business enterprise no
longer qualifies for EDGE business enterprise certification;

(5)
Develop a process for evaluating and adjusting goals established by
this section to determine what adjustments are necessary to achieve
participation goals established by the director;

(6)
Establish a point system or comparable system to evaluate bid
proposals to encourage EDGE business enterprises to participate in
the procurement of professional design and information technology
services;

(7)
Establish a system to track data and analyze each certification
category established under division (B)(2)(b) of this section;

(8)
Establish a process to mediate complaints and to review EDGE business
enterprise certification appeals;

(9)
Implement an outreach program to educate potential participants about
the encouraging diversity, growth, and equity program;

(10)
Establish a system to assist state agencies in identifying and
utilizing EDGE business enterprises in their contracting processes;

(11)
Implement a system of self-reporting by EDGE business enterprises as
well as an on-site inspection process to validate the qualifications
of an EDGE business enterprise;

(12)
Establish a waiver mechanism to waive program goals or participation
requirements for those companies that, despite their best-documented
efforts, are unable to contract with certified EDGE business
enterprises;

(13)
Establish a process for monitoring overall program compliance in
which equal employment opportunity officers primarily are responsible
for monitoring their respective agencies;

(14)
Establish guidelines for state universities as defined in section
3345.011 of the Revised Code and the Ohio facilities construction
commission created in section 123.20 of the Revised Code for awarding
contracts pursuant to Chapters 153., 3318., and 3345. of the Revised
Code to allow the universities and commission to establish agency
procurement goals for contracting with EDGE business enterprises.

(C)
Business and personal financial information and trade secrets
submitted by encouraging diversity, growth, and equity program
applicants to the director pursuant to this section are not public
records for purposes of section 149.43 of the Revised Code, unless
the director presents the financial information or trade secrets at a
public hearing or public proceeding regarding the applicant's
eligibility to participate in the program.

Sec.
122.924.
(A)
As used in this section:

"Women-owned
business enterprise" means any individual, partnership,
corporation, or joint venture of any kind that is owned and
controlled by women who are United States citizens and residents of
this state or of a reciprocal state.

"Owned
and controlled" means that at least fifty-one per cent of the
business, including corporate stock if it is a corporation, is owned
by women and that such owners have control over the day-to-day
operations of the business and an interest in the capital, assets,
and profits and losses of the business proportionate to their
percentage of ownership. In order to qualify as a women-owned
business, a business shall have been owned by such owners at least
one year.

(B)
The director of development shall establish a business assistance
program known as the women-owned business enterprise program and
shall adopt rules in accordance with Chapter 119. of the Revised Code

to
administer the program
that
do all of the following:

(1)
Establish procedures by which a business enterprise may apply for
certification as a women-owned business enterprise;

(2)
Establish standards to determine when a women-owned business
enterprise no longer qualifies for women-owned business enterprise
certification;

(3)
Establish a system to make publicly available a list of women-owned
business enterprises certified under this section;

(4)
Establish a process to mediate complaints and to review women-owned
business enterprise certification appeals;

(5)
Implement an outreach program to educate potential participants about
the women-owned business enterprise program;

(6)
Establish a system to assist state agencies in identifying and
utilizing women-owned business enterprises in their contracting
processes;

(7)
Implement a system of self-reporting by women-owned business
enterprises as well as an on-site inspection process to validate the
qualifications of women-owned business enterprises.

(C)
Business and personal financial information and trade secrets
submitted by women-owned business enterprise applicants to the
director pursuant to this section are not public records for purposes
of section 149.43 of the Revised Code, unless the director presents
the financial information or trade secrets at a public hearing or
public proceeding regarding the applicant's eligibility to
participate in the program.

(D)
The director of development, upon approval of the attorney general,
may enter into a reciprocal agreement with the appropriate officials
of one or more states, when the other state has a business assistance
program or programs substantially similar to the women-owned business
enterprise program of this state. The agreement shall provide that a
business certified by the other state as a women-owned business
enterprise, which is owned and controlled by a resident or residents
of that other state, shall be considered a women-owned business
enterprise in this state under this section. The agreement shall
provide that a women-owned business enterprise certified under this
section, which is owned and controlled by a resident or residents of
this state, shall be considered certified in the other state and
eligible for programs of that state that provide an advantage or
benefit to such businesses.

(E)(1)
Any person who has been certified as a women-owned business
enterprise under this section may present the person's certification
to a political subdivision as evidence that that person is eligible
to participate in any public initiatives or strategies that the
political subdivision has established to increase the participation,
representation, or inclusion of women in business opportunities, and
in any programs the political subdivision may have that set aside a
certain amount of public contracts to award to women-owned business
enterprises.

(2)
When considering this evidence, a political subdivision shall defer
to the department's determination that the person is a woman, that
the person owns and controls the person's business, and that the
person has owned the person's business for at least one year.

Sec.
122.925.
(A)
As used in this section:

"Armed
forces" means the armed forces of the United States, including
the army, navy, air force, marine corps, space force, coast guard, or
any reserve component of those forces; the national guard of any
state; the commissioned corps of the United States public health
service; the merchant marine service during wartime; such other
service as may be designated by congress; and the Ohio organized
militia when engaged in full-time national guard duty for a period of
more than thirty days.

"State
agency" has the meaning defined in section 1.60 of the Revised
Code.

"Veteran"
means any person who has completed service in the armed forces,
including the national guard of any state, or a reserve component of
the armed forces, who has been honorably discharged or discharged
under honorable conditions from the armed forces or who has been
transferred to the reserve with evidence of satisfactory service.

"Veteran-friendly
business enterprise" means a sole proprietorship, association,
partnership, corporation, limited liability company, or joint venture
that meets veteran employment standards established by the director
of development and the director of transportation under this section.

(B)
The director of development and the director of transportation shall
establish and maintain the veteran-friendly business procurement
program. The director of development shall adopt
the

rules

to
administer the program
described
in this division
for
all state agencies except the department of transportation, and the
director of transportation shall adopt
the

rules

to
administer the program
described
in this division
for
the department of transportation. The rules shall be adopted under
Chapter 119. of the Revised Code. The rules, as adopted separately by
but with the greatest degree of consistency possible between the two
directors, shall do all of the following:

(1)
Establish criteria, based on the percentage of an applicant's
employees who are veterans, that qualifies an applicant for
certification as a veteran-friendly business enterprise;

(2)
Establish procedures by which a sole proprietorship, association,
partnership, corporation, limited liability company, or joint venture
may apply for certification as a veteran-friendly business
enterprise;

(3)
Establish procedures for certifying a sole proprietorship,
association, partnership, corporation, limited liability company, or
joint venture as a veteran-friendly business enterprise;

(4)
Establish standards for determining when a veteran-friendly business
enterprise no longer qualifies for certification as a
veteran-friendly business enterprise;

(5)
Establish procedures, to be used by state agencies or the department
of transportation, for the evaluation and ranking of proposals, which
provide preference or bonus points to each certified veteran-friendly
business enterprise that submits a bid or other proposal for a
contract with the state or an agency of the state other than the
department of transportation, or with the department of
transportation, for the rendering of services, or the supplying of
materials, or for the construction, demolition, alteration, repair,
or reconstruction of any public building, structure, highway, or
other improvement;

(6)
Implement an outreach program to educate potential participants about
the veteran-friendly business procurement program; and

(7)
Establish a process for monitoring overall performance of the
veteran-friendly business procurement program.

(C)(1)
Any person who has been certified as a veteran-friendly business
enterprise under this section may present the person's certification
to a political subdivision as evidence that the person is eligible to
participate in any public initiatives or strategies that the
political subdivision has established to reward veteran-friendly
businesses or to increase the participation, representation, or
inclusion of veteran-friendly businesses in business opportunities,
and in any programs the political subdivision may have that set aside
a certain amount of public contracts to award to veteran-friendly
business enterprises.

(2)
When considering this evidence, a political subdivision shall defer
to the department's determination that the person meets the criteria
established under division (B)(1) of this section.

Sec.
122.9511.
(A)
As used in this section:

(1)
"Eligible applicant" means a person or a political
subdivision.

(2)
"Eligible project" means a project that, upon completion,
will be a site and facility primarily intended for commercial,
industrial, or manufacturing use. "Eligible projects" do
not include sites and facilities intended primarily for residential,
retail, or government use.

(3)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(4)
"Political subdivision" means a municipal corporation,
township, county, school district, or any other body corporate and
politic responsible for governmental activities in a geographic area
smaller than that of the state.

(5)
"SiteOhio certification program" means the program created
under this section.

(B)
There is hereby created the SiteOhio certification program to certify
and market eligible projects in the state. The program shall be
administered by the department of development.

(C)
An eligible applicant may apply to the director of development on
forms prescribed by the director for the director to certify an
eligible project. In addition to the application, the applicant shall
submit any additional materials required by the director. The
director shall establish scoring criteria, scoring instruments, and
materials for use by the department of development in reviewing
applications under the SiteOhio certification program. The content of
the scoring criteria, scoring instruments, and materials shall be at
the discretion of the director and may include, where practicable,
evaluation of certain quality of life indicators and community
assets. The scoring criteria, scoring instruments, and materials
shall be published and made available with the application.

Subject
to any limitations imposed under division (E)(2) of this section, the
director shall approve an application and certify the applicant's
eligible project if the applicant meets all of the scoring criteria
established by the director.

(D)
After the director of development certifies an eligible project, the
project shall be listed on the department's web site. The director
shall market certified eligible projects to interested persons.

(E)
The director of development
shall

may

adopt
rules under Chapter 119. of the Revised Code
necessary
to implement and operate the SiteOhio certification program. The
rules may
to

provide
for eligible applicants for certification to be charged fees to cover
administrative costs incurred by the department in the administration
of this section. Any fees collected under this section shall be
credited to the SiteOhio administration fund. The director may do
either of the following:

(1)
Contract with one or more persons to administer all or part of the
SiteOhio certification program.

(2)
Limit the number of eligible projects the director certifies
according to the available resources and capabilities of the
department.

Sec.
123.01.
(A)
The department of administrative services, in addition to those
powers enumerated in Chapters 124. and 125. of the Revised Code and
provided elsewhere by law, shall exercise the following powers:

(1)
To prepare and suggest comprehensive plans for the development of
grounds and buildings under the control of a state agency;

(2)
To acquire, by purchase, gift, devise, lease, or grant, all real
estate required by a state agency, in the exercise of which power the
department may exercise the power of eminent domain, in the manner
provided by sections 163.01 to 163.22 of the Revised Code;

(3)
To erect, supervise, and maintain all public monuments and memorials
erected by the state, except where the supervision and maintenance is
otherwise provided by law;

(4)
To procure, by lease, storage accommodations for a state agency;

(5)
To lease or grant easements or licenses for unproductive and unused
lands or other property under the control of a state agency. Such
leases, easements, or licenses may be granted to any person or
entity, shall be for a period not to exceed fifteen years, unless a
longer period is authorized by division (A)(5) of this section, and
shall be executed for the state by the director of administrative
services. The director shall grant leases, easements, or licenses of
university land for periods not to exceed twenty-five years for
purposes approved by the respective university's board of trustees
wherein the uses are compatible with the uses and needs of the
university and may grant leases of university land for periods not to
exceed forty years for purposes approved by the respective
university's board of trustees pursuant to section 123.17 of the
Revised Code. The director may grant perpetual easements to public
utilities, as defined in section 4905.02 of the Revised Code or
described in section 4905.03 of the Revised Code.

(6)
To lease space for the use of a state agency;

(7)
To have general supervision and care of the storerooms, offices, and
buildings leased for the use of a state agency;

(8)
To exercise general custodial care of all real property of the state;

(9)
To assign and group together state offices in any city in the state
and to establish, in cooperation with the state agencies involved,
rules governing space requirements for office or storage use;

(10)
To lease for a period not to exceed forty years, pursuant to a
contract providing for the construction thereof under a
lease-purchase plan, buildings, structures, and other improvements
for any public purpose, and, in conjunction therewith, to grant
leases, easements, or licenses for lands under the control of a state
agency for a period not to exceed forty years. The lease-purchase
plan shall provide that at the end of the lease period, the
buildings, structures, and related improvements, together with the
land on which they are situated, shall become the property of the
state without cost.

(a)
Whenever any building, structure, or other improvement is to be so
leased by a state agency, the department shall retain either basic
plans, specifications, bills of materials, and estimates of cost with
sufficient detail to afford bidders all needed information or,
alternatively, all of the following plans, details, bills of
materials, and specifications:

(i)
Full and accurate plans suitable for the use of mechanics and other
builders in the improvement;

(ii)
Details to scale and full sized, so drawn and represented as to be
easily understood;

(iii)
Accurate bills showing the exact quantity of different kinds of
material necessary to the construction;

(iv)
Definite and complete specifications of the work to be performed,
together with such directions as will enable a competent mechanic or
other builder to carry them out and afford bidders all needed
information;

(v)
A full and accurate estimate of each item of expense and of the
aggregate cost thereof.

(b)
The department shall give public notice, in such newspaper, in such
form, and with such phraseology as the director of administrative
services prescribes, published once each week for four consecutive
weeks, of the time when and place where bids will be received for
entering into an agreement to lease to a state agency a building,
structure, or other improvement. The last publication shall be at
least eight days preceding the day for opening the bids. The bids
shall contain the terms upon which the builder would propose to lease
the building, structure, or other improvement to the state agency.
The form of the bid approved by the department shall be used, and a
bid is invalid and shall not be considered unless that form is used
without change, alteration, or addition. Before submitting bids
pursuant to this section, any builder shall comply with Chapter 153.
of the Revised Code.

(c)
On the day and at the place named for receiving bids for entering
into lease agreements with a state agency, the director of
administrative services shall open the bids and shall publicly
proceed immediately to tabulate the bids upon duplicate sheets. No
lease agreement shall be entered into until the bureau of workers'
compensation has certified that the person to be awarded the lease
agreement has complied with Chapter 4123. of the Revised Code, until,
if the builder submitting the lowest and best bid is a foreign
corporation, the secretary of state has certified that the
corporation is authorized to do business in this state, until, if the
builder submitting the lowest and best bid is a person nonresident of
this state, the person has filed with the secretary of state a power
of attorney designating the secretary of state as its agent for the
purpose of accepting service of summons in any action brought under
Chapter 4123. of the Revised Code, and until the agreement is
submitted to the attorney general and the attorney general's approval
is certified thereon. Within thirty days after the day on which the
bids are received, the department shall investigate the bids received
and shall determine that the bureau and the secretary of state have
made the certifications required by this section of the builder who
has submitted the lowest and best bid. Within ten days of the
completion of the investigation of the bids, the department shall
award the lease agreement to the builder who has submitted the lowest
and best bid and who has been certified by the bureau and secretary
of state as required by this section. If bidding for the lease
agreement has been conducted upon the basis of basic plans,
specifications, bills of materials, and estimates of costs, upon the
award to the builder the department, or the builder with the approval
of the department, shall appoint an architect or engineer licensed in
this state to prepare such further detailed plans, specifications,
and bills of materials as are required to construct the building,
structure, or improvement.
The
department shall adopt such rules as are necessary to give effect to
this section.
The
department may reject any bid. Where there is reason to believe there
is collusion or combination among bidders, the bids of those
concerned therein shall be rejected.

(11)
To acquire by purchase, gift, devise, or grant and to transfer,
lease, or otherwise dispose of all real property required to assist
in the development of a conversion facility as defined in section
5709.30 of the Revised Code as that section existed before its repeal
by Amended Substitute House Bill 95 of the 125th general assembly;

(12)
To lease for a period not to exceed forty years, notwithstanding any
other division of this section, the state-owned property located at
408-450 East Town Street, Columbus, Ohio, formerly the state school
for the deaf, to a developer in accordance with this section.
"Developer," as used in this section, has the same meaning
as in section 123.77 of the Revised Code.

Such
a lease shall be for the purpose of development of the land for use
by senior citizens by constructing, altering, renovating, repairing,
expanding, and improving the site as it existed on June 25, 1982. A
developer desiring to lease the land shall prepare for submission to
the department a plan for development. Plans shall include provisions
for roads, sewers, water lines, waste disposal, water supply, and
similar matters to meet the requirements of state and local laws. The
plans shall also include provision for protection of the property by
insurance or otherwise, and plans for financing the development, and
shall set forth details of the developer's financial responsibility.

The
department may employ, as employees or consultants, persons needed to
assist in reviewing the development plans. Those persons may include
attorneys, financial experts, engineers, and other necessary experts.
The department shall review the development plans and may enter into
a lease if it finds all of the following:

(a)
The best interests of the state will be promoted by entering into a
lease with the developer;

(b)
The development plans are satisfactory;

(c)
The developer has established the developer's financial
responsibility and satisfactory plans for financing the development.

The
lease shall contain a provision that construction or renovation of
the buildings, roads, structures, and other necessary facilities
shall begin within one year after the date of the lease and shall
proceed according to a schedule agreed to between the department and
the developer or the lease will be terminated. The lease shall
contain such conditions and stipulations as the director considers
necessary to preserve the best interest of the state. Moneys received
by the state pursuant to this lease shall be paid into the general
revenue fund. The lease shall provide that at the end of the lease
period the buildings, structures, and related improvements shall
become the property of the state without cost.

(13)
To manage the use of space owned and controlled by the department by
doing all of the following:

(a)
Biennially implementing, by state agency location, a census of agency
employees assigned space;

(b)
Periodically in the discretion of the director of administrative
services:

(i)
Requiring each state agency to categorize the use of space allotted
to the agency between office space, common areas, storage space, and
other uses, and to report its findings to the department;

(ii)
Creating and updating a master space utilization plan for all space
allotted to state agencies. The plan shall incorporate space
utilization metrics.

(iii)
Conducting a cost-benefit analysis to determine the effectiveness of
state-owned buildings;

(iv)
Assessing the alternatives associated with consolidating the
commercial leases for buildings located in Columbus.

(c)
Commissioning a comprehensive space utilization and capacity study in
order to determine the feasibility of consolidating existing
commercially leased space used by state agencies into a new
state-owned facility.

(14)
To adopt rules to ensure that energy efficiency and conservation is
considered in the purchase of products and equipment, except motor
vehicles, by any state agency, department, division, bureau, office,
unit, board, commission, authority, quasi-governmental entity, or
institution. The department may require minimum energy efficiency
standards for purchased products and equipment based on federal
testing and labeling if available or on standards developed by the
department. When possible, the rules shall apply to the competitive
selection of energy consuming systems, components, and equipment
under Chapter 125. of the Revised Code.

(15)
To ensure energy efficient and energy conserving purchasing practices
by doing all of the following:

(a)
Identifying available energy efficiency and conservation
opportunities;

(b)
Providing for interchange of information among purchasing agencies;

(c)
Identifying laws, policies, rules, and procedures that should be
modified;

(d)
Monitoring experience with and the cost-effectiveness of this state's
purchase and use of motor vehicles and of major energy-consuming
systems, components, equipment, and products having a significant
impact on energy consumption by the government;

(e)
Providing technical assistance and training to state employees
involved in the purchasing process;

(f)
Working with the department of development to make recommendations
regarding planning and implementation of purchasing policies and
procedures that are supportive of energy efficiency and conservation.

(16)
To require all state agencies, departments, divisions, bureaus,
offices, units, commissions, boards, authorities, quasi-governmental
entities, institutions, and state institutions of higher education to
implement procedures to ensure that all of the passenger automobiles
they acquire in each fiscal year, except for those passenger
automobiles acquired for use in law enforcement or emergency rescue
work, achieve a fleet average fuel economy of not less than the fleet
average fuel economy for that fiscal year as the department shall
prescribe by rule. The department shall adopt the rule prior to the
beginning of the fiscal year, in accordance with the average fuel
economy standards established by federal law for passenger
automobiles manufactured during the model year that begins during the
fiscal year.

Each
state agency, department, division, bureau, office, unit, commission,
board, authority, quasi-governmental entity, institution, and state
institution of higher education shall determine its fleet average
fuel economy by dividing the total number of passenger vehicles
acquired during the fiscal year, except for those passenger vehicles
acquired for use in law enforcement or emergency rescue work, by a
sum of terms, each of which is a fraction created by dividing the
number of passenger vehicles of a given make, model, and year, except
for passenger vehicles acquired for use in law enforcement or
emergency rescue work, acquired during the fiscal year by the fuel
economy measured by the administrator of the United States
environmental protection agency, for the given make, model, and year
of vehicle, that constitutes an average fuel economy for combined
city and highway driving.

As
used in division (A)(16) of this section, "acquired" means
leased for a period of sixty continuous days or more, or purchased.

(17)
To correct legal descriptions or title defects, or release fractional
interests in real property, as necessary to cure title clouds
reflected in public records, including those resulting from boundary
disputes, ingress or egress issues, title transfers precipitated
through retirement of bond requirements, and the retention of
fractional interests in real estate otherwise disposed of in previous
title transfers.

(18)(a)
To, with controlling board approval, sell state-owned real property
that is not held for the benefit of an institution of higher
education and is appraised at not more than one hundred thousand
dollars by an independent third-party appraiser.

(b)
To sell state-owned real property that is held for the benefit of an
institution of higher education, provided all of the following are
true:

(i)
The board of trustees of the institution of higher education, or, in
the case of a university branch district, any other managing
authority, adopts a resolution approving the sale;

(ii)
The real property is appraised at not more than ten million dollars
by an independent third-party appraiser;

(iii)
The controlling board approves the sale.

Notwithstanding
any provision of law to the contrary, net proceeds from any
disposition of real property made pursuant to division (A)(18) of
this section shall, at the direction of the director of budget and
management, be credited to a fund or funds in the state treasury, or
to accounts held by an institution of higher education for purposes
to be determined by the institution.

As
used in division (A)(18) of this section, "institution of higher
education" has the same meaning as in section 3345.12 of the
Revised Code.

(B)
This section and section 125.02 of the Revised Code shall not
interfere with any of the following:

(1)
The power of the adjutant general to purchase military supplies, or
with the custody of the adjutant general of property leased,
purchased, or constructed by the state and used for military
purposes, or with the functions of the adjutant general as director
of state armories;

(2)
The power of the director of transportation in acquiring
rights-of-way for the state highway system, or the leasing of lands
for division or resident district offices, or the leasing of lands or
buildings required in the maintenance operations of the department of
transportation, or the purchase of real property for garage sites or
division or resident district offices, or in preparing plans and
specifications for and constructing such buildings as the director
may require in the administration of the department;

(3)
The power of the director of public safety and the registrar of motor
vehicles to purchase or lease real property and buildings to be used
solely as locations to which a deputy registrar is assigned pursuant
to division (B) of section 4507.011 of the Revised Code and from
which the deputy registrar is to conduct the deputy registrar's
business, the power of the director of public safety to purchase or
lease real property and buildings to be used as locations for
division or district offices as required in the maintenance of
operations of the department of public safety, and the power of the
superintendent of the state highway patrol in the purchase or leasing
of real property and buildings needed by the patrol, to negotiate the
sale of real property owned by the patrol, to rent or lease real
property owned or leased by the patrol, and to make or cause to be
made repairs to all property owned or under the control of the
patrol;

(4)
The power of the division of liquor control in the leasing or
purchasing of retail outlets and warehouse facilities for the use of
the division;

(5)
The power of the director of development to enter into leases of real
property, buildings, and office space to be used solely as locations
for the state's foreign offices to carry out the purposes of section
122.05 of the Revised Code;

(6)
The power of the director of environmental protection to enter into
environmental covenants, to grant and accept easements, or to sell
property pursuant to division (G) of section 3745.01 of the Revised
Code;

(7)
The power of the department of public safety under section 5502.01 of
the Revised Code to direct security measures and operations for the
Vern Riffe center and the James A. Rhodes state office tower. The
department of administrative services shall implement all security
measures and operations at the Vern Riffe center and the James A.
Rhodes state office tower as directed by the department of public
safety.

(C)
Purchases for, and the custody and repair of, buildings under the
management and control of the capitol square review and advisory
board, the opportunities for Ohioans with disabilities agency, the
bureau of workers' compensation, or the departments of public safety,
job and family services, mental health and addiction services,
developmental disabilities, and rehabilitation and correction;
buildings of educational and benevolent institutions under the
management and control of boards of trustees; and purchases or leases
for, and the custody and repair of, office space used for the
purposes of any agency of the legislative branch of state government
are not subject to the control and jurisdiction of the department of
administrative services.

An
agency of the legislative branch of state government that uses office
space in a building under the management and control of the
department of administrative services may exercise the agency's
authority to improve the agency's office space as authorized under
this division only if, upon review, the department of administrative
services concludes the proposed improvements do not adversely impact
the structural integrity of the building.

If
an agency of the legislative branch of state government, except the
capitol square review and advisory board, so requests, the agency and
the director of administrative services may enter into a contract
under which the department of administrative services agrees to
perform any services requested by the agency that the department is
authorized under this section to perform. In performing such
services, the department shall not use competitive selection. As used
in this division, "competitive selection" has the meaning
defined in section 125.01 of the Revised Code and includes any other
type of competitive process for the selection of persons producing or
dealing in the services to be provided.

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

Sec.
123.04.
The
director of administrative services shall have supervision of the
public works of the state

and shall make such rules and regulations for the maintenance and
operation of the public works as are necessary
.

Sec.
123.08.
The
director of administrative services shall appoint such forepersons,
patrol officers, lock tenders, inspectors, engineers, and all other
employees as are necessary for the maintenance and operation of the
public works. They shall be assigned to duty under the supervision of
the director
,
under rules and regulations prescribed by the director
.
Any such employee, when deemed necessary by the director, shall give
proper bond to the state, conditioned for the faithful performance of
the employee's duties. Such bonds may, in the discretion of the
director, be individual, schedule, or blanket bonds.

Sec.
123.201.
(A)
There is hereby created in the state treasury the Ohio facilities
construction commission fund, consisting of transfers of moneys
authorized by the general assembly and revenues received by the Ohio
facilities construction commission under section 123.21 of the
Revised Code. Investment earnings on moneys in the fund shall be
credited to the fund. Moneys in the fund may be used by the
commission, in performing its duties under this chapter, to pay
personnel and other administrative expenses, to pay the cost of
preparing building design specifications, to pay the cost of
providing project management services, and for other purposes
determined by the commission to be necessary to fulfill its duties
under this chapter.

(B)(1)
There is hereby created in the state treasury the cultural and sports
facilities building fund, consisting of proceeds of obligations
authorized to pay costs of Ohio cultural facilities and Ohio sports
facilities for which appropriations are made by the general assembly.
All investment earnings of the fund shall be credited to the fund.

(2)
Upon the request of the executive director of the Ohio facilities
construction commission and subject to applicable tax law
limitations, the director of budget and management may transfer to
the Ohio cultural facilities administration fund moneys credited to
the cultural and sports facilities building fund to pay the costs of
administering projects funded through the cultural and sports
facilities building fund.

(C)
There is hereby created in the state treasury the Ohio cultural
facilities administration fund, consisting of transfers of money
authorized by the general assembly and revenues received by the
commission under division
(A)(9)
(A)(8)

of section 123.21 of the Revised Code. Moneys in the fund may be used
by the Ohio facilities construction commission in administering
projects funded through the cultural and sports facilities building
fund pursuant to sections 123.28 and 123.281 of the Revised Code. All
investment earnings of that fund shall be credited to it and shall be
allocated among any accounts created in the fund in the manner
determined by the commission.

(D)(1)
There is hereby created in the state treasury the capital donations
fund, which shall be administered by the Ohio facilities construction
commission. The fund consists of gifts, grants, devises, bequests,
and other financial contributions made to the commission for the
construction or improvement of cultural and sports facilities and
shall be used in accordance with the specific purposes for which the
gifts, grants, devises, bequests, or other financial contributions
are made. All investment earnings of the fund shall be credited to
the fund. Chapters 123., 125., 127., and 153. and section 3517.13 of
the Revised Code do not apply to contract obligations paid from the
fund, notwithstanding anything to the contrary in those chapters or
that section.

(2)
Not later than one month following the end of each quarter of the
fiscal year, the commission shall allocate the amounts credited to
the fund from investment earnings during that preceding quarter of
the fiscal year among the specific projects for which they are to be
used.

(3)
If the amounts credited to the fund for a particular project exceed
what is required to complete that project, the commission may refund
any of those excess amounts, including unexpended investment earnings
attributable to those amounts, to the entity from which they were
received.

Sec.
123.21.
(A)
The Ohio facilities construction commission may perform any act and
ensure the performance of any function necessary or appropriate to
carry out the purposes of, and exercise the powers granted under this
chapter or any other provision of the Revised Code, including any of
the following:

(1)
Except as otherwise provided in section 123.211 of the Revised Code,
prepare, or contract to be prepared, by licensed engineers or
architects, surveys, general and detailed plans, specifications,
bills of materials, and estimates of cost for any projects,
improvements, or public buildings to be constructed by state agencies
that may be authorized by legislative appropriations or any other
funds made available therefor, provided that the construction of the
projects, improvements, or public buildings is a statutory duty of
the commission. This section does not require the independent
employment of an architect or engineer as provided by section 153.01
of the Revised Code in the cases to which section 153.01 of the
Revised Code applies. This section does not affect or alter the
existing powers of the director of transportation.

(2)
Except as otherwise provided in section 123.211 of the Revised Code,
have general supervision over the construction of any projects,
improvements, or public buildings constructed for a state agency and
over the inspection of materials prior to their incorporation into
those projects, improvements, or buildings.

(3)
Except as otherwise provided in section 123.211 of the Revised Code,
make contracts for and supervise the design and construction of any
projects and improvements or the construction and repair of buildings
under the control of a state agency. All such contracts may be based
in whole or in part on the unit price or maximum estimated cost, with
payment computed and made upon actual quantities or units.

(4)

Adopt,
amend, and rescind rules pertaining to the administration of the
construction of the public works of the state as required by law, in
accordance with Chapter 119. of the Revised Code.

(5)

Contract
with, retain the services of, or designate, and fix the compensation
of, such agents, accountants, consultants, advisers, and other
independent contractors as may be necessary or desirable to carry out
the programs authorized under this chapter, or authorize the
executive director to perform such powers and duties.

(6)
(5)

Receive and accept any gifts, grants, donations, and pledges, and
receipts therefrom, to be used for the programs authorized under this
chapter.

(7)
(6)

Make and enter into all contracts, commitments, and agreements, and
execute all instruments, necessary or incidental to the performance
of its duties and the execution of its rights and powers under this
chapter, or authorize the executive director to perform such powers
and duties.

(8)
(7)

Debar a contractor as provided in section 153.02 of the Revised Code.

(9)
(8)

Enter into and administer cooperative agreements for cultural
projects, as provided in sections 123.28 and 123.281 of the Revised
Code.

(B)
The commission shall appoint and fix the compensation of an executive
director who shall serve at the pleasure of the commission. The
executive director shall supervise the operations of the commission
and perform such other duties as delegated by the commission. The
executive director also shall employ and fix the compensation of such
employees as will facilitate the activities and purposes of the
commission, who shall serve at the pleasure of the executive
director. The employees of the commission are exempt from Chapter
4117. of the Revised Code and are not considered public employees as
defined in section 4117.01 of the Revised Code. Any agreement entered
into prior to July 1, 2012, between the office of collective
bargaining and the exclusive representative for employees of the
commission is binding and shall continue to have effect.

(C)
The attorney general shall serve as the legal representative for the
commission and may appoint other counsel as necessary for that
purpose in accordance with section 109.07 of the Revised Code.

(D)
Purchases for, and the custody and repair of, buildings under the
management and control of the capitol square review and advisory
board are not subject to the control and jurisdiction of the Ohio
facilities construction commission.

Sec.
123.22.
(A)
As used in this section:

(1)
"Construct" includes reconstruct, improve, renovate,
enlarge, or otherwise alter.

(2)
"Energy consumption analysis" means the evaluation of all
energy consuming systems, components, and equipment by demand and
type of energy, including the internal energy load imposed on a
facility by its occupants and the external energy load imposed by
climatic conditions.

(3)
"Facility" means a building or other structure, or part of
a building or other structure, that includes provision for a heating,
refrigeration, ventilation, cooling, lighting, hot water, or other
major energy consuming system, component, or equipment.

(4)
"Life-cycle cost analysis" means a general approach to
economic evaluation that takes into account all dollar costs related
to owning, operating, maintaining, and ultimately disposing of a
project over the appropriate study period.

(5)
"Political subdivision" means a county, township, municipal
corporation, board of education of any school district, or any other
body corporate and politic that is responsible for government
activities in a geographic area smaller than that of the state.

(6)
"State funded" means funded in whole or in part through
appropriation by the general assembly or through the use of any
guarantee provided by this state.

(7)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(8)
"Cogeneration" means the simultaneous production of thermal
energy and electricity for use primarily within a building or complex
of buildings.

(B)
The Ohio facilities construction commission shall develop energy
efficiency and conservation programs for new construction design and
review and for existing building audit and retrofit.

The
commission may accept and administer grants from public and private
sources for carrying out any of its duties under this section.

(C)
No state agency, department, division, bureau, office, unit, board,
commission, authority, quasi-governmental entity, or institution
shall construct or cause to be constructed, within the limits
prescribed in this section, a state-funded facility without a proper
life-cycle cost analysis as computed or prepared by a qualified
architect or engineer in accordance with the rules required by
division (D) of this section.

Construction
shall proceed only upon the disclosure to the commission, for the
facility chosen, of the life-cycle costs as determined in this
section and the capitalization of the initial construction costs of
the building. The results of life-cycle cost analysis shall be a
primary consideration in the selection of a building design. That
analysis shall be required only for construction of buildings with an
area of twenty thousand square feet or greater, except the commission
may waive this requirement or may require an analysis for buildings
with an area of less than twenty thousand square feet. For projects
with an estimated construction cost exceeding fifty million dollars,
the analysis shall include a review of cogeneration as an energy
source.

Nothing
in this section shall deprive or limit any state agency that has
review authority over design or construction plans from requiring a
life-cycle cost analysis or energy consumption analysis.

(D)

For
the purposes of assisting the commission in its responsibility for
state-funded facilities pursuant to section 123.21 of the Revised
Code and of cost-effectively reducing the energy consumption of those
and any other state-funded facilities, thereby promoting fiscal,
economic, and environmental benefits to this state, the commission
shall promulgate rules specifying cost-effective, energy efficiency
and conservation standards that may govern the design, construction,
operation, and maintenance of all state-funded facilities, except
facilities of state institutions of higher education or facilities
operated by a political subdivision. The development services agency
shall cooperate in providing information and technical expertise to
the commission to ensure promulgation of rules of maximum
effectiveness. The standards prescribed by rules promulgated under
this division may draw from or incorporate, by reference or otherwise
and in whole or in part, standards already developed or implemented
by any competent, public or private standards organization or
program.
The

commission
may adopt the following
rules

also
may include any of the following
in
accordance with Chapter 119. of the Revised Code
:

(1)
Specifications for a life-cycle cost analysis that shall determine,
for the economic life of such state-funded facility, the reasonably
expected costs of facility ownership, operation, and maintenance
including labor and materials. Life-cycle cost may be expressed as an
annual cost for each year of the facility's use.

A
life-cycle cost analysis additionally may include an energy
consumption analysis that conforms to division (D)(2) of this
section.

(2)
Specifications for an energy consumption analysis of the facility's
heating, refrigeration, ventilation, cooling, lighting, hot water,
and other major energy consuming systems, components, and equipment.

A
life-cycle cost analysis and energy consumption analysis shall be
based on the best currently available methods of analysis, such as
those of the national institute of standards and technology, the
United States department of energy or other federal agencies,
professional societies, and directions developed by the department.

(3)
Specifications for energy performance indices, to be used to audit
and evaluate competing design proposals submitted to the state.

(4)
A process by which a manager of a specified state-funded facility,
except a facility of a state institution of higher education or a
facility operated by a political subdivision, may receive a waiver of
compliance with any provision of the rules required by divisions
(D)(1) to (3) of this section.

(E)
Each state agency, department, division, bureau, office, unit, board,
commission, authority, quasi-governmental entity, institution, and
state institution of higher education shall comply with any
applicable provision of this section or of a rule promulgated
pursuant to division (D) of this section.

Sec.
124.17.
The
director of administrative services may institute an employee awards
system designed to encourage all state employees to submit
suggestions that will reduce the costs, or improve the quality, of
state services. Employee awards granted under the system may be
either monetary or nonmonetary. The director shall provide, by rule,
reasonable standards for determining the amount, not to exceed five
thousand dollars per employee, of any cash award, and for determining
the value of any nonmonetary award, that may be given for a
suggestion. The department of administrative services shall review
each adopted suggestion and determine the amount or type of award, if
any, to be given.

In
addition to the employees award system, the director may establish a
program for the recognition of exemplary performance of employees
paid in accordance with section 124.152 of the Revised Code and those
employees listed in divisions (B)(2) and (4) of section 124.14 of the
Revised Code. The program may include, but is not limited to, cash
awards, additional leave, or other provisions as the director
considers appropriate
,
and the director shall adopt rules in accordance with Chapter 119. of
the Revised Code to provide for the administration of the program
.

Sec.
124.74.
(A)
Division (B) of this section applies to any of the following
individuals:

(1)
An employee in the service of the state;

(2)
A prospective employee for a position in the service of the state;

(3)
A contractor of a state agency, board, or commission;

(4)
A contractor, employee, or prospective employee of a board of county
commissioners or a county department of job and family services,
child support enforcement agency, or public children services agency.

(B)
If an individual described in division (A) of this section has or, in
the case of a prospective employee, will have access to or the use of
federal tax information, the head of the state or county agency,
department, board, or commission with which the individual is
employed, will be employed, or is contracted shall request that the
superintendent of the bureau of criminal identification and
investigation conduct a criminal records check based on the
individual's fingerprints in accordance with section 109.572 of the
Revised Code. The head of the agency, department, board, or
commission shall request that criminal record information from the
federal bureau of investigation be obtained as part of the criminal
records check.

Such
an individual, and the agency, department, board, or commission with
which the individual is employed, will be employed, or is contracted,
shall also comply with any separate request by the federal bureau of
investigation to conduct a national criminal records check.

(C)
A
state
or
county
agency, department, board, or commission may adopt any rules or
policies necessary to implement this section.

Sec.
125.14.
(A)
The director of administrative services shall allocate any proceeds
from the transfer, sale, or lease of excess and surplus supplies in
the following manner:

(1)
Except as otherwise provided in division (A)(2) or (3) of this
section, the proceeds of such a transfer, sale, or lease shall be
paid into the state treasury to the credit of the investment recovery
fund, which is hereby created.

(2)
Except as otherwise provided in division (A)(2) of this section, when
supplies originally were purchased with funds from nongeneral revenue
fund sources, the director shall determine what fund or account
originally was used to purchase the supplies, and the credit for the
proceeds from any transfer, sale, or lease of those supplies shall be
transferred to that fund or account. If the director cannot determine
which fund or account originally was used to purchase the supplies,
if the fund or account is no longer active, or if the proceeds from
the transfer, sale, or lease of a unit of supplies are less than one
hundred dollars or any larger amount the director may establish with
the approval of the director of budget and management, then the
proceeds from the transfer, sale, or lease of such supplies shall be
paid into the state treasury to the credit of the investment recovery
fund.

(3)
In accordance with division (H)(2) of section 125.832 of the Revised
Code, when vehicles originally were purchased with moneys derived
from the general revenue fund, the proceeds shall be deposited, in
the director's discretion, into the state treasury to the credit of
either the fleet management fund created by section 125.83 of the
Revised Code or to the credit of the investment recovery fund created
by this section. Any such proceeds deposited into the state treasury
to the credit of the investment recovery fund may be transferred from
the investment recovery fund to the fleet management fund.

(B)
The investment recovery fund shall be used to pay for the operating
expenses of the state surplus property program and of the federal
surplus property program described in sections 125.84 to
125.90

125.89

of
the Revised Code. Any amounts in excess of these operating expenses
shall periodically be transferred to the general revenue fund of the
state. If proceeds paid into the investment recovery fund are
insufficient to pay for the program's operating expenses, a service
fee may be charged to state agencies to eliminate the deficit.

(C)
Proceeds from the sale of recyclable goods and materials shall be
paid into the state treasury to the credit of the recycled materials
fund, which is hereby created, except that the director of
environmental protection, upon request, may grant an exemption from
this requirement. The director shall administer the fund for the
benefit of recycling programs in state agencies.

Sec.
125.84.
In
conformance with the "Federal Property and Administrative
Services Act of 1949," 63 Stat. 377, as amended, similar or
related federal property disposal acts of congress, and sections
125.84 to
125.90

125.89

of
the Revised Code, the department of administrative services may
acquire, warehouse, distribute, transfer, retransfer, recapture,
revert, and dispose of federal personal property and shall assist in
the acquisition, conveyance, reconveyance, recapture, reversion, and
disposal of federal real and related personal property, not required
for the needs and the discharge of the responsibilities of all
federal departments, agencies, boards, and commissions, for the
purpose of making such property available for use to eligible state
civil defense, health, and educational institutions and
organizations; state departments, agencies, boards, and commissions;
bodies politic and corporate, political subdivisions, or other
district, regional, or similar authorities established by or pursuant
to law; duly authorized local tax-supported civil defense
organizations; local tax-supported health and educational
institutions; local tax-supported institutions and organizations;
private nonprofit federally tax-exempt health and educational
institutions and organizations in the state; private nonprofit
federally tax-exempt institutions, organizations, and activities in
the state; and to such other institutions, organizations, or
activities in the state as may hereafter become eligible to receive
such property.

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

Sec.
125.87.
Transferees,
recipients, and entities referred to in sections 125.84 to
125.90

125.89

of
the Revised Code shall be required to pay to the department of
administrative services such service charges or fees as the
department may require in connection with federal property acquired,
warehoused, distributed, transferred, conveyed, or reconveyed by the
department and may be required to pay service charges or fees, if
any, on property recaptured, reverted, or disposed of by the
department when such action pertains to that property on which title
is restricted by: the United States; the rules or orders of the
department;
the
rules issued in conformance with section 5502.25 of the Revised Code;

or
sections 125.84 to
125.90

125.89

of
the Revised Code. All service charges or fees collected by the
department under this section shall be paid into the state treasury
to the credit of the investment recovery fund created under section
125.14 of the Revised Code.

Sec.
125.88.
The
governing body of any public authority, office, organization, or
semiautonomous entity referred to in section 125.84 of the Revised
Code may appropriate, authorize the expenditure of, obligate and
expend funds for service charges or fees assessed by the department
of administrative services for federal property acquired,
retransferred, recaptured, reverted, or disposed of under sections
125.84 to
125.90

125.89

of
the Revised Code and may accept federal personal property for
redistribution in the state, and if accepted shall redistribute such
property to any eligible class, division, or unit of government
authorized by the department to acquire retransferable property and
shall collect and reimburse the department for such departmental
service charges as may be levied in connection with such retransfers;
but those entities receiving property that may be or is to be
retransferred or loaned, shall, as the department may require, be
held accountable for the use of such property and for maintaining
records thereof. Federal personal property transferred to a body
politic and corporate or a political subdivision or transferred for
use or redistribution by a public office or a district or regional or
similar authority
,
for the purpose of complying with the applicable provisions of the
rules promulgated by authority of section 5502.25 of the Revised
Code,

also may be loaned on a nonprofit basis, by assignment, to approved
organized and supporting agencies and auxiliaries.

Sec.
128.63.
The
tax commissioner may adopt rules in accordance with Chapter 119. of
the Revised Code
to
carry out this chapter, including rules
prescribing
the necessary accounting for the collection fee under division (B) of
section 128.46 of the Revised Code.

Sec.
131.024.
(A)
The attorney general may, not later than the first day of February of
each year, send to the director of commerce a request containing the
name, address, and social security number of any person who owes a
claim that has been certified to the attorney general under section
131.02 of the Revised Code and request that the director provide
information to the attorney general as required in division (B) of
this section. If the information the director provides identifies or
results in identifying unclaimed funds held by the state for an
obligor in default, the attorney general may file a claim under
section 169.08 of the Revised Code to recover the unclaimed funds. If
the director allows the claim, the director shall pay the claim
directly to the attorney general. The director shall not disallow a
claim made by the attorney general because the attorney general is
not the owner of the unclaimed funds according to the report made
under section 169.03 of the Revised Code.

(B)
The director of commerce shall provide the attorney general, not
later than the first day of March of each year, the name, address,
social security number, if the social security number is available,
and any other identifying information for any individual included in
a request sent by the attorney general pursuant to division (A) of
this section who has unclaimed funds delivered or reported to the
state under Chapter 169. of the Revised Code.

(C)
The attorney general, in consultation with the department of
commerce, may adopt rules under Chapter 119. of the Revised Code to
aid in the implementation of this section.

Sec.
131.33.
(A)
No state agency shall incur an obligation which exceeds the agency's
current appropriation authority. Except as provided in division (D)
of this section, unexpended balances of appropriations shall, at the
close of the period for which the appropriations are made, revert to
the funds from which the appropriations were made, except that the
director of budget and management shall transfer such unexpended
balances from the first fiscal year to the second fiscal year of an
agency's appropriations to the extent necessary for voided warrants
to be reissued pursuant to division (C) of section 126.37 of the
Revised Code.

Except
as provided in this section, appropriations made to a specific fiscal
year shall be expended only to pay liabilities incurred within that
fiscal year.

(B)
All payrolls shall be charged to the allotments of the fiscal
quarters in which the applicable payroll vouchers are certified by
the director of budget and management in accordance with section
126.07 of the Revised Code. As used in this division, "payrolls"
means any payment made in accordance with section 125.21 of the
Revised Code.

(C)
Legal liabilities from prior fiscal years for which there is no
reappropriation authority shall be discharged from the unencumbered
balances of current appropriations.

(D)(1)
Federal grant funds obligated by the department of job and family
services or the department of children and youth for financial
allocations to county family services agencies and local boards may,
at the discretion of the director of job and family services or the
director of children and youth, be available for expenditure for the
duration of the federal grant period of obligation and liquidation,
as follows:

(a)
At the end of the state fiscal year, all unexpended county family
services agency and local board financial allocations obligated from
federal grant funds may continue to be valid for expenditure during
subsequent state fiscal years.

(b)
The financial allocations described in division (D)(1)(a) of this
section shall be reconciled at the end of the federal grant period of
availability or as required by federal law, regardless of the state
fiscal year of the appropriation.

(2)

The
director of job and family services and the director of children and
youth may adopt rules in accordance with section 111.15 of the
Revised Code, as if they were internal management rules, as necessary
to implement division (D) of this section.

(3)

As
used in division (D) of this section:

(a)
"County family services agency" has the same meaning as in
section 307.981 of the Revised Code.

(b)
"Local board" has the same meaning as in section 6301.01 of
the Revised Code.

Sec.
135.182.
(A)
As used in this section:

(1)
"Public depository" means that term as defined in section
135.01 of the Revised Code, but also means an institution that
receives or holds any public deposits as defined in section 135.31 of
the Revised Code.

(2)
"Public depositor" means that term as defined in section
135.01 of the Revised Code, but also includes a county and any
municipal corporation that has adopted a charter under Article XVIII,
Ohio Constitution.

(3)
"Public deposits," "public moneys," and
"treasurer" mean those terms as defined in section 135.01
of the Revised Code, but also have the same meanings as are set forth
in section 135.31 of the Revised Code, but for purposes of this
section does not include the moneys of metropolitan housing
authorities.

(B)(1)
Not later than July 1, 2017, the treasurer of state shall create the
Ohio pooled collateral program. Under this program, each institution
designated as a public depository that selects the pledging method
prescribed in division (A)(2) of section 135.18 or division (A)(2) of
section 135.37 of the Revised Code shall pledge to the treasurer of
state a single pool of eligible securities for the benefit of all
public depositors at the public depository to secure the repayment of
all uninsured public deposits at the public depository, provided that
at all times the total market value of the securities so pledged is
at least equal to either of the following:

(a)
One hundred two per cent of the total amount of all uninsured public
deposits;

(b)
An amount determined by rules adopted by the treasurer of state that
set forth the criteria for determining the aggregate market value of
the pool of eligible securities pledged by a public depository
pursuant to division (B) of this section. Such criteria shall
include, but are not limited to, prudent capital and liquidity
management by the public depository and the safety and soundness of
the public depository as determined by a third-party rating
organization.

(2)
The treasurer of state shall monitor the eligibility, market value,
and face value of the pooled securities pledged by the public
depository. Each public depository shall carry in its accounting
records at all times a general ledger or other appropriate account of
the total amount of all public deposits to be secured by the pool, as
determined at the opening of business each day, and the total market
value of securities pledged to secure such deposits, and report such
information to the treasurer of state in a manner and frequency as
determined by the treasurer of state pursuant to rules adopted by the
treasurer of state. A public depositor shall be responsible for
periodically confirming the accuracy of its account balances with the
treasurer of state; otherwise, the treasurer of state shall be the
sole public depositor responsible for monitoring and ensuring the
sufficiency of securities pledged under this section.

(3)
If, on any day, the total market value of the securities pledged by
the public depository is less than that specified in division
(B)(1)(a) or (b) of this section, whichever is applicable, the public
depository shall have two business days to pledge additional eligible
securities having a market value sufficient, when combined with the
market value of eligible securities already pledged, to satisfy the
requirement of division (B)(1)(a) or (b) of this section, as
applicable, to secure the repayment of all uninsured public deposits
at the public depository.

(C)
The public depository shall designate a qualified trustee approved by
the treasurer of state and place with such trustee for safekeeping
the eligible securities pledged pursuant to division (B) of this
section. The trustee shall hold the eligible securities in an account
indicating the treasurer of state's security interest in the eligible
securities. The treasurer of state shall give written notice of the
trustee to all public depositors for which such securities are
pledged. The trustee shall report to the treasurer of state
information relating to the securities pledged to secure such public
deposits in a manner and frequency as determined by the treasurer of
state.

(D)
In order for a public depository to receive public moneys under this
section, the public depository and the treasurer of state shall first
execute an agreement that sets forth the entire arrangement among the
parties and that meets the requirements described in 12 U.S.C.
1823(e). In addition, the agreement shall authorize the treasurer of
state to obtain control of the collateral pursuant to division (D) of
section 1308.24 of the Revised Code.

(E)
The securities or other obligations described in division (D) of
section 135.18 of the Revised Code shall be eligible as collateral
for the purposes of division (B) of this section, provided no such
securities or obligations pledged as collateral are at any time in
default as to either principal or interest.

(F)
Any federal reserve bank or branch thereof located in this state or
federal home loan bank, without compliance with Chapter 1111. of the
Revised Code and without becoming subject to any other law of this
state relative to the exercise by corporations of trust powers
generally, is qualified to act as trustee for the safekeeping of
securities, under this section. Any institution mentioned in section
135.03 or 135.32 of the Revised Code that holds a certificate of
qualification issued by the superintendent of financial institutions
or any institution complying with sections 1111.04, 1111.05, and
1111.06 of the Revised Code is qualified to act as trustee for the
safekeeping of securities under this section, other than those
belonging to itself or to an affiliate as defined in section 1101.01
of the Revised Code.

(G)
The public depository may substitute, exchange, or release eligible
securities deposited with the qualified trustee pursuant to this
section, provided that such substitution, exchange, or release is
effectuated pursuant to written authorization from the treasurer of
state, and such action does not reduce the total market value of the
securities to an amount that is less than the amount established
pursuant to division (B) of this section.

(H)
Notwithstanding the fact that a public depository is required to
pledge eligible securities in certain amounts to secure public
deposits, a qualified trustee has no duty or obligation to determine
the eligibility, market value, or face value of any securities
deposited with the trustee by a public depository. This applies in
all situations including, but not limited to, a substitution or
exchange of securities, but excluding those situations effectuated by
division (I) of this section in which the trustee is required to
determine face and market value.

(I)
The qualified trustee shall enter into a custodial agreement with the
treasurer of state and public depository in which the trustee agrees
to comply with entitlement orders originated by the treasurer of
state without further consent by the public depository or, in the
case of collateral held by the public depository in an account at a
federal reserve bank, the treasurer of state shall have the
treasurer's security interest marked on the books of the federal
reserve bank where the account for the collateral is maintained. If
the public depository fails to pay over any part of the public
deposits made therein as provided by law and secured pursuant to
division (B) of this section, the treasurer of state shall give
written notice of this failure to the qualified trustee holding the
pool of securities pledged against the public deposits, and at the
same time shall send a copy of this notice to the public depository.
Upon receipt of this notice, the trustee shall transfer to the
treasurer of state for sale, the pooled securities that are necessary
to produce an amount equal to the public deposits made by the public
depositor and not paid over, less the portion of the deposits covered
by any federal deposit insurance, plus any accrued interest due on
the deposits. The treasurer of state shall sell any of the bonds or
other securities so transferred. When a sale of bonds or other
securities has been so made and upon payment to the public depositor
of the purchase money, the treasurer of state shall transfer such
bonds or securities whereupon the absolute ownership of such bonds or
securities shall pass to the purchasers. Any surplus after deducting
the amount due to the public depositor and expenses of sale shall be
paid to the public depository.

(J)
Any charges or compensation of a qualified trustee for acting as such
under this section shall be paid by the public depository and in no
event shall be chargeable to the public depositor or to any officer
of the public depositor. The charges or compensation shall not be a
lien or charge upon the securities deposited for safekeeping prior or
superior to the rights to and interests in the securities of the
public depositor. The treasurer and the treasurer's bonders or surety
shall be relieved from any liability to the public depositor or to
the public depository for the loss or destruction of any securities
deposited with a qualified trustee pursuant to this section.

(K)
A public depositor, treasurer, or the public depositor's or
treasurer's bonders or surety are not liable for the loss of funds if
a public depository fails to comply with the terms set forth in the
agreement provided for in division (D) of this section for the
appropriate level of collateral, as required under division (B)(1)(a)
or (b) of this section, to secure the public deposits made under that
agreement.

(L)(1)
The following information is confidential and not a public record
under section 149.43 of the Revised Code:

(a)
All reports or other information obtained or created about a public
depository for purposes of division (B)(1)(b) of this section;

(b)
The identity of a public depositor's public depository;

(c)
The identity of a public depository's public depositors.

(2)
Nothing in this section prevents the treasurer of state from
releasing or exchanging such confidential information as required by
law or for the operation of the pooled collateral program.

(M)
The treasurer of state may impose reasonable fees, including late
fees, upon public depositories participating in the pooled collateral
program to defray the actual and necessary expenses incurred by the
treasurer in connection with the program. All such fees collected by
the treasurer shall be deposited into the state treasury to the
credit of the administrative fund created in section 113.20 of the
Revised Code.

(N)
The treasurer of state may adopt rules necessary for the
implementation of this section and sections 135.18 and 135.181 of the
Revised Code. Such rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
135.22.
(A)
For purposes of this section:

(1)
"Treasurer" has the same meaning as in section 135.01 of
the Revised Code, but does not include a county treasurer or the
treasurer of state. "Treasurer" includes any person whose
duties include making investment decisions with respect to the
investment or deposit of interim moneys.

(2)
"Subdivision" has the same meaning as in section 135.01 of
the Revised Code.

(B)
To enhance the background and working knowledge of treasurers in
investments, cash management, the collection of taxes, ethics, and in
any other subject area that the treasurer of state determines is
reasonably related to the duties of a treasurer, the treasurer of
state shall provide annual continuing education programs for
treasurers. A treasurer annually shall complete the continuing
education programs described in this section, unless the treasurer
annually provides a notice of exemption described in division (E) of
this section.

(C)
The treasurer of state shall determine the manner, content, and
length of the continuing education programs after consultation with
appropriate statewide organizations of local government officials.

(D)
Upon successful completion of a continuing education program required
by this section, the treasurer of state shall issue a certificate
indicating that the treasurer has successfully completed the
continuing education program prescribed by the treasurer of state.
The treasurer of state shall forward to the auditor of state any
certificates issued pursuant to this division by the treasurer of
state. The auditor of state shall maintain in the auditor's records
any certificates forwarded by the treasurer of state pursuant to this
division. As part of the auditor of state's audit of the subdivision
conducted in accordance with section 117.11 of the Revised Code, the
auditor of state shall report whether the treasurer is in compliance
with this section of the Revised Code.

(E)
Division (B) of this section does not apply to any treasurer who
annually provides a notice of exemption to the auditor of state. The
notice shall be certified by the treasurer of state and shall provide
that the treasurer is not subject to the continuing education
requirements set forth in division (B) of this section, because the
treasurer invests or deposits public moneys in the following
investments only:

(1)
Interim deposits pursuant to division (B)(3) of section 135.14 or
section 135.145 of the Revised Code;

(2)
No-load money market mutual funds pursuant to division (B)(5) of
section 135.14 of the Revised Code;

(3)
The Ohio subdivision's fund pursuant to division (B)(6) of section
135.14 of the Revised Code.

(F)
In carrying out the duties required by this section, the treasurer of
state may charge the subdivision served by the treasurer a
registration fee that will meet actual and necessary expenses in
connection with the training of the treasurer, including instruction
fees, site acquisition costs, and the cost of course materials. Any
necessary personal expenses of a treasurer incurred as a result of
attending the continuing education courses shall be borne by the
subdivision represented by the treasurer.

(G)
The treasurer of state may allow any other interested person to
attend any of the continuing education programs that are held
pursuant to this section, provided that before attending any such
continuing education program, the interested person has paid to the
treasurer of state the full registration fee set for the continuing
education program.

(H)
All funds collected pursuant to this section shall be paid into the
county treasurer education fund created pursuant to section 321.46 of
the Revised Code, and the actual and necessary expenses of the
treasurer of state in conducting the continuing education programs
required by this section shall be paid from this fund.

(I)
The treasurer of state may adopt reasonable rules not inconsistent
with this section for the implementation of this section.

Sec.
135.45.
(A)
Subject to division (B) of this section, a treasurer, governing
board, or investing authority of a subdivision may pay public moneys
of the subdivision into the Ohio subdivision's fund, which may be
established in the custody of the treasurer of state. The treasurer
of state shall invest the moneys in the fund in separately managed
accounts and pooled accounts, including the state treasurer's
investment pool, in the same manner, in the same types of
instruments, and subject to the same limitations provided for the
deposit and investment of interim moneys of the state, except that
the fund shall not be invested in the linked deposits authorized
under section 135.61 of the Revised Code.

(B)(1)
On and after July 1, 1997, a treasurer, governing board, or investing
authority of a subdivision that has not entered into an agreement
with the treasurer of state under division (C) of this section shall
not invest public moneys of the subdivision in a pooled account of
the Ohio subdivision's fund under division (B)(6) of section 135.14
of the Revised Code or division (A)(6) of section 135.35 of the
Revised Code if the pool does not maintain the highest letter or
numerical rating provided by at least one nationally recognized
statistical rating organization.

(2)
Upon receipt of notice that the pool does not maintain the highest
letter or numerical rating required under division (B)(1) of this
section, the treasurer of state shall have ninety days to obtain the
required highest letter or numerical rating. If the treasurer of
state fails to obtain the required highest letter or numerical
rating, the treasurer of state shall have an additional one hundred
eighty days to develop a plan to dissolve the pool. The plan shall
include reasonable standards for the equitable return of public
moneys in the pool to those subdivisions participating in the pool.

(3)
Treasurers, governing boards, or investing authorities of
subdivisions participating in the pool shall not be required to
divest in the pool during the initial one hundred eighty days
following the treasurer of state's receipt of notice under division
(B)(2) of this section.

(C)
A treasurer, governing board, or investing authority of a subdivision
that wishes to invest public moneys of the subdivision in a
separately managed account or pooled account of the Ohio
subdivision's fund may enter into an agreement with the treasurer of
state that sets forth the manner in which the money is to be
invested. The treasurer of state shall invest the moneys in
accordance with the agreement, subject to the limitations set forth
in division (A) of this section. For purposes of this division, the
limitation on investments in debt interests provided in division
(A)(11)(a) of section 135.143 of the Revised Code shall not apply to
a subdivision's excess reserves.

(D)
The treasurer of state shall adopt
such

rules

as
are necessary for the implementation of this section, including the
efficient administration of and
accounting
for the separately managed accounts and pooled accounts, including
the state treasurer's investment pool, and the specification of
minimum amounts that may be paid into such pools and minimum periods
of time for which such payments shall be retained in the pools. The
rules shall provide for the administrative expenses of the separately
managed accounts and pooled accounts, including the state treasurer's
investment pool, to be paid from the earnings and for the interest
earnings in excess of such expenses to be credited to the several
treasurers, governing boards, and investing authorities participating
in a pool in a manner which equitably reflects the differing amounts
of their respective investments in the pool and the differing periods
of time for which such amounts are in the pool.

(E)
The treasurer of state shall give bond with sufficient sureties,
payable to the treasurers, governing boards, and investing
authorities of subdivisions participating in the fund, for the
benefit of the subdivisions whose moneys are paid into the fund for
investment, in the total penal sum of two hundred fifty thousand
dollars, conditioned for the faithful discharge of the treasurer of
state's duties in relation to the fund.

(F)
The treasurer of state and the treasurer of state's bonders or surety
are liable for the loss of any interim moneys of the state and
subdivisions invested under this section to the same extent the
treasurer of state and the treasurer of state's bonders or surety are
liable for the loss of public moneys under section 135.19 of the
Revised Code.

(G)
As used in this section:

(1)
"Interim moneys" and "governing board" have the
same meanings as in section 135.01 of the Revised Code.

(2)(a)
"Subdivision" has the same meaning as in section 135.01 of
the Revised Code, but also includes a county, a municipal corporation
that has adopted a charter under Article XVIII, Ohio Constitution, or
any government entity for which the fund is a permissible investment.

(b)
"Public moneys of a subdivision" has the same meaning as in
section 135.01 of the Revised Code, but also includes "public
moneys" as defined in section 135.31 of the Revised Code, and
funds held in the custody of the treasurer of state notwithstanding
any limitations on the permissible investments of such funds.

(3)
"Treasurer" has the same meaning as in sections 135.01 and
135.31 of the Revised Code.

(4)
"Investing authority" has the same meaning as in section
135.31 of the Revised Code.

(5)
"Excess reserves" means the amount of a subdivision's
public moneys that exceed the average of a subdivision's annual
operating expenses in the immediately preceding three fiscal years.

Sec.
135.46.
(A)
The treasurer of state may create a taxable investment pool or a
tax-exempt investment pool, or both, for the purpose of providing a
procedure for the temporary investment of bond proceeds. The pool
shall be in the custody of the treasurer of state.

(B)
A treasurer, governing board, or investing authority of a
subdivision, or any agency of the state that has debt-issuing
authority may pay bond proceeds into either or both of the pools
authorized under division (A) of this section.

(C)
The treasurer of state shall invest the funds of the taxable
investment pool authorized under division (A) of this section in the
same manner, in the same types of instruments, and subject to the
same limitations provided for the deposit and investment of interim
moneys of the state and subdivisions under sections 135.14 and
135.143 of the Revised Code. The treasurer also may invest in any
other taxable obligations issued by any political subdivision of the
state.

(D)
The treasurer of state shall invest the funds of the tax-exempt
investment pool in debt obligations and participation interests in
such obligations, if all of the following apply:

(1)
The obligations are issued by or on behalf of any state of the United
States, or any political subdivision, agency, or instrumentality of
any such state;

(2)
The interest on such obligations is exempt from federal income
taxation;

(3)
The obligations are rated in either of the two highest
classifications established by at least one nationally recognized
statistical rating organization.

(E)(1)
The treasurer of state shall, pursuant to Chapter 119. of the Revised
Code, adopt
such

rules

as
are necessary to carry out the purposes of this section and
for

the
efficient administration and
accounting
of a pool established pursuant to division (A) of this section.

(2)
The rules shall provide for the administrative expenses of such pool
to be paid from its earnings and for the interest earnings in excess
of such expenses to be credited to the several treasurers, governing
boards, investing authorities, and agencies of the state
participating in the pool in a manner that equitably reflects the
differing amounts of their respective investments in the pool and the
differing periods of time for which such amounts are in the pool.

(3)
The rules shall establish standards governing pools authorized under
division (A) of this section, taking into consideration all federal
rebate and yield restrictions and the objective of maintaining a high
degree of safety and liquidity.

(F)
Upon creating a pool authorized under division (A) of this section,
the treasurer of state shall give bond with sufficient sureties,
payable to the treasurers, governing boards, and investing
authorities of subdivisions and agencies of the state participating
in the pool, for the benefit of the participating subdivisions and
agencies, in the total penal sum of two hundred fifty thousand
dollars, conditioned for the faithful discharge of the treasurer of
state's duties in relation to the pool.

(G)
The treasurer of state and the treasurer of state's bonders or surety
are liable for the loss of any moneys of the state invested under
this section through a pool established under division (A) of this
section to the same extent the treasurer of state and the treasurer
of state's bonders or surety are liable for the loss of public moneys
under section 135.19 of the Revised Code.

(H)
As used in this section:

(1)
"Governing board" has the same meaning as in section 135.01
of the Revised Code.

(2)
"Interim moneys" has the same meaning as in section 135.01
of the Revised Code.

(3)
"Investing authority" has the same meaning as in section
135.31 of the Revised Code.

(4)
"Public moneys of a subdivision" has the same meaning as in
section 135.01 of the Revised Code, but also includes "public
moneys" as defined in section 135.31 of the Revised Code, and
funds held in the custody of the treasurer of state notwithstanding
any limitations on the permissible investments of such funds.

(5)
"Subdivision" has the same meaning as in section 135.01 of
the Revised Code, but also includes a county, or a municipal
corporation that has adopted a charter under Article XVIII, Ohio
Constitution.

(6)
"Treasurer" has the same meaning as in sections 135.01 and
135.31 of the Revised Code.

Sec.
135.61.
(A)
For the purposes of this section:

(1)
"Eligible borrower," "eligible credit union," and
"eligible lending institution" have the same meanings as in
section 135.62 of the Revised Code.

(2)
"Eligible participant" and "eligible savings
institution" have the same meanings as in section 135.70 of the
Revised Code.

(B)
The treasurer of state may invest in linked deposits under sections
135.61 to 135.66 and 135.70 to 135.71 of the Revised Code, provided
that at the time any such linked deposits are placed, purchased, or
designated, the combined amount of investments of public money of the
state in linked deposits of any kind is not more than twelve per cent
of the state's total average investment portfolio, as determined by
the treasurer of state. When deciding whether to invest in any linked
deposits, the treasurer of state shall give priority to the
investment, liquidity, and cash flow needs of the state.

(C)
The treasurer of state may, in accordance with section 111.15 of the
Revised Code, adopt rules
necessary

for
the implementation and administration of linked deposits authorized
by this section
,

including,
but not limited to,
that
establish
the
manner in which an eligible lending institution or eligible savings
institution is designated, and the manner in which linked deposits
are placed, purchased, designated, held, and collateralized.

(D)
Notwithstanding any contrary provision of the Revised Code, the
treasurer of state may require an eligible credit union that holds
linked deposits authorized under this section to pay interest at a
rate not lower than the product of the interest rate set in the
deposit agreement, as required by sections 135.623 and 135.703 of the
Revised Code, multiplied by the sum of one plus the treasurer of
state's assessment rate.
The
treasurer of state may, in accordance with section 119.03 of the
Revised Code, adopt rules necessary for the implementation of this
division.

(E)(1)
Records of the treasurer of state, an eligible lending institution,
or an eligible savings institution are not public records within the
meaning of section 149.43 of the Revised Code if any of the following
apply:

(a)
The record is provided by an eligible borrower to an eligible lending
institution, or by an eligible participant to an eligible savings
institution, to obtain a financial service or product from such
institution.

(b)
The record results from a transaction between the eligible borrower
and the eligible lending institution, or the eligible participant and
the eligible savings institution, involving a financial product or
service.

(c)
An eligible lending institution or eligible savings institution
otherwise obtains the record about an eligible borrower or eligible
participant in connection with providing a financial product or
service.

(2)
The records specified in division (E)(1) of this section may include
names, addresses, telephone numbers, social security numbers, income,
credit scores, information obtained through cookies and other
internet collection devices, loan amounts, contributors to a linked
deposit savings account, and amounts contributed to, earned by, or
distributed from a linked deposit savings account.

Sec.
145.038.
(A)
A public employer who on or after January 7, 2013, begins to receive
personal services from an individual it classifies as an independent
contractor or another classification other than public employee shall
inform the individual of the classification and that no contributions
will be made to the public employees retirement system for the
services. Not later than thirty days after the services begin, the
employer to whom the personal services will be rendered shall require
the individual to acknowledge, in writing on a form provided by the
system, that the individual has been informed that the employer does
not consider the individual a public employee and no contributions
will be made to the public employees retirement system for the
services. The employer shall retain the acknowledgement for a period
of five years after the date the services begin and immediately
transmit a copy of it to the public entity responsible for submitting
to the system the reports required by section 145.47 of the Revised
Code. The public entity shall transmit a copy of the acknowledgement
to the system.

(B)(1)
Regardless of whether the individual has made an acknowledgement
under division (A) of this section and, except as provided in
division (B)(2) of this section, an individual may request that the
public employees retirement board determine whether the individual is
a public employee for purposes of this chapter.

(2)
Division (B)(1) of this section does not apply to an individual
employed by a business entity under contract with a public employer
to provide personal services to the employer.

(C)
A request for a determination must be made not later than five years
after the individual begins to provide personal services to the
public employer, unless the individual demonstrates to the board's
satisfaction through medical records that at the time the five-year
period ended the individual was physically or mentally incapacitated
and unable to request a determination.

(D)
On receipt of a request under division (B)(1) of this section, the
board shall determine whether the individual is a public employee for
the purposes of this chapter. If the board determines that the
individual is not a public employee for the services, for the
purposes of this chapter, the individual shall not be considered a
public employee with regard to the services in question. The board's
determination is final.

The
board shall notify the individual and the public employer of its
determination. The determination shall apply to services performed
before, on, or after January 7, 2013, for the same employer in the
same capacity.

(E)
The board may adopt rules under section 145.09 of the Revised Code to
implement this section and sections 145.036 and 145.037 of the
Revised Code.

Sec.
145.09.
The
public employees retirement board shall elect from its membership a
chairperson. The board shall appoint an executive director who shall
serve as secretary to the board, an actuary, and other employees as
necessary for the transaction of the business of the public employees
retirement system. The compensation of all persons so appointed shall
be fixed by the board. Such persons appointed by the board are not
employees of the state and are not subject to Chapter 124. of the
Revised Code.

Effective
ninety days after September 15, 2004, the board may not employ a
state retirement system investment officer, as defined in section
1707.01 of the Revised Code, who does not hold a valid state
retirement system investment officer license issued by the division
of securities in the department of commerce.

Every
expense voucher of an employee, officer, or board member of the
public employees retirement system shall itemize all purchases and
expenditures.

The
board shall perform other functions
,
except adopt rules unless specifically required to do so,

as required for the proper execution of this chapter
,
and may adopt rules in accordance with section 111.15 of the Revised
Code for the proper administration and management of this chapter
.

The
board may take all appropriate action to avoid payment by the system
or its members of federal or state income taxes on contributions to
the system or amounts earned on such contributions.

Notice
of proposed rules shall be given to interested parties and rules
adopted by the board shall be published and otherwise made available.
When it files a rule with the joint committee on agency rule review
pursuant to section 111.15 of the Revised Code, the board shall
submit to the Ohio retirement study council a copy of the full text
of the rule, and if applicable, a copy of the rule summary and fiscal
analysis required by division (B) of section 106.024 of the Revised
Code.

The
board may sue and be sued, plead and be impleaded, contract and be
contracted with. All of its business shall be transacted, all of its
funds invested, all warrants for money drawn and payments made, and
all of its cash and securities and other property shall be held in
the name of the board, or in the name of its nominee, provided that
nominees are authorized by retirement board resolution for the
purpose of facilitating the ownership and transfer of investments.

If
the Ohio retirement study council establishes a uniform format for
any report the board is required to submit to the council, the board
shall submit the report in that format.

Sec.
145.092.
(A)
The public employees retirement board, in consultation with the Ohio
ethics commission, shall review any existing policy regarding the
travel and payment of travel expenses of members and employees of the
public employees retirement board and adopt rules in accordance with
section
145.09

111.15

of
the Revised Code establishing a new or revised policy regarding
travel and payment of travel expenses. Not less than sixty days
before adopting a new or revised policy, the board shall submit the
policy to the Ohio retirement study council for review.

(B)
If the board intends to award a bonus to any employee of the board,
it shall adopt rules in accordance with section
145.09

111.15

of
the Revised Code establishing a policy regarding employee bonuses.

(C)
The board shall provide copies of the rules adopted under divisions
(A) and (B) of this section to each member of the Ohio retirement
study council;

(D)
The board shall submit both of the following to the Ohio retirement
study council:

(1)
A proposed operating budget, including an administrative budget for
the board, for the next immediate fiscal year and adopt that budget
not earlier than sixty days after it is submitted to the council;

(2)
A plan describing how the board will improve the dissemination of
public information pertaining to the board.

Sec.
145.196.
(A)
As used in this section:

(1)
"Individual account" means the account maintained for a
member of the PERS combined plan in the defined contribution fund
created in section 145.23 of the Revised Code, in which the member's
contributions under section 145.85 of the Revised Code are deposited
and credited.

(2)
"PERS combined plan" means the hybrid plan established
under section 145.81 of the Revised Code that includes a PERS defined
benefit plan component and a PERS defined contribution plan component
that includes definitely determinable benefits as described in
section 145.82 of the Revised Code.

(B)
The public employees retirement system may, in accordance with rules
it adopts under
this

section

111.15 of the Revised Code
,
consolidate the PERS combined plan with the PERS defined benefit plan
for the purpose of administering the definitely determinable benefits
under the PERS combined plan and the allowance payable under section
145.335 of the Revised Code.

(C)
If the system consolidates the PERS combined plan with the PERS
defined benefit plan as permitted under division (B) of this section,
all of the following apply:

(1)
The PERS combined plan ceases to be a separate legal entity, and all
members participating in the PERS combined plan at the time of
consolidation shall be members of the PERS defined benefit plan.

(2)
The system shall do all of the following regarding a member's
individual account:

(a)
Maintain the individual account of each member who was participating
in the PERS combined plan at the time of consolidation;

(b)
Deposit and credit the member's contributions under section 145.47 of
the Revised Code into the member's individual account;

(c)
If the system maintains the member's individual account in the
defined contribution fund for purposes of investing the account's
funds, treat the individual account as deposited and credited to the
PERS defined benefit plan for accounting purposes;

(d)
Administer the member's individual account in accordance with rules
adopted by the public employees retirement board
in
accordance with section 111.15 of the Revised Code
and
in a manner consistent with the PERS defined contribution plan.

(3)
The system shall deposit and credit the employer contributions under
section 145.48 of the Revised Code for a member participating in the
PERS combined plan at the time of consolidation into the employers'
accumulation fund created in section 145.23 of the Revised Code to
pay the definitely determinable benefits under the plan.

(4)
All members participating in the PERS combined plan at the time of
consolidation shall be entitled to the rights and benefits to which
the member was entitled under the PERS combined plan as of the date
of consolidation, subject to future amendments to the PERS defined
benefit plan.

(D)
The eligibility of members participating in the PERS combined plan at
the time of consolidation under this section for age and service
retirement, disability, survivor, or death benefits shall be
determined under sections 145.32, 145.35, 145.36, 145.361, 145.45,
and 145.451 of the Revised Code. A member's retirement allowance
shall be an amount determined in accordance with section 145.335 of
the Revised Code.

(E)
The following sections of Chapter 145. of the Revised Code do not
apply to the individual account of a member participating in the PERS
combined plan at the time of consolidation under this section:
sections 145.222, 145.297, 145.298, 145.2914, 145.31, 145.311,
145.312, 145.33, 145.332, 145.334, 145.37, 145.382, 145.383, 145.385,
145.40, 145.401, 145.472, 145.49, 145.581, 145.582, 145.62, 145.63,
145.64, and 145.65 of Revised Code.

Sec.
145.28.
(A)
As used in this section, "paying system" and "transferring
system" have the same meanings as in section 145.37 of the
Revised Code.

(B)(1)
Except as provided in division (B)(2) of this section, a member of
the public employees retirement system with at least eighteen months
of contributing service in the system, the state teachers retirement
system, or the school employees retirement system who exempted self
from membership in one or more of the systems pursuant to section
145.03 or 3309.23 of the Revised Code, or former section 3307.25 or
3309.25 of the Revised Code, or was exempt under section 3307.24 of
the Revised Code, may purchase credit for each year or portion of a
year of service for which the member was exempted.

(2)
A member may not purchase credit under this section for exempted
service if the service was exempted from contribution under section
145.03 of the Revised Code and subject to the tax on wages imposed by
the "Federal Insurance Contributions Act," 68A Stat. 415
(1954), 26 U.S.C.A. 3101, as amended.

(C)
Credit shall be purchased under this section in accordance with
section 145.29 of the Revised Code.

(D)
Credit purchasable under this section shall not exceed one year of
service for any twelve-month period. If the period of service for
which credit is purchasable under this section is concurrent with a
period of service that will be used to calculate a retirement benefit
from this system, the state teachers retirement system, or school
employees retirement system, the amount of the credit shall be
adjusted in accordance with rules adopted by the public employees
retirement board.

A
member who is also a member of the state teachers retirement system
or the school employees retirement system shall purchase credit for
any service for which the member exempted self under section 145.03
or 3309.23 of the Revised Code, or former section 3307.25 or 3309.25
of the Revised Code, or was exempt under section 3307.24 of the
Revised Code, from the retirement system in which the member has the
greatest number of years of service credit. If the member receives
benefits under section 145.37 of the Revised Code, the system that is
the paying system under that section shall receive from the system or
systems that are transferring systems the amounts paid by the member
for purchase of credit for exempt service plus interest at the
actuarial assumption rate of the transferring system. The interest
shall be for the period beginning on the date of the member's last
payment for purchase of the credit and ending on the date of the
member's retirement.

(E)
The retirement board shall adopt rules to implement this section.

Sec.
145.2913.
(A)
As used in this section, "transferred service credit" means
service credit purchased or obtained under section 742.21, 742.214,
742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code prior to
the date a member commenced the employment covered by the public
employees retirement system for which the member is currently
contributing to the system.

(B)
A member of the public employees retirement system who has
contributions on deposit with, but is no longer contributing to, a
uniform retirement system shall, in computing years of service, be
given full credit for transferred service credit if a transfer to the
public employees retirement system is made under this division. At
the request of a member a transfer shall be made if all of the
following conditions are met:

(1)
The member is eligible, or with the credit will be eligible, for a
retirement or disability benefit.

(2)
The member agrees to retire or accept a disability benefit not later
than ninety days after receiving notice from the public employees
retirement system that the credit has been obtained.

(3)
For each year of service, the uniform system transfers to the public
employees retirement system the sum of the following:

(a)
An amount equal to the amounts transferred to the uniform system
under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41
of the Revised Code;

(b)
Interest, determined as provided in division (E) of this section, on
the amount specified in division (B)(3)(a) of this section for the
period from the last day of the year in which the transfer under
section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of
the Revised Code was made to the date a transfer is made under this
section.

(C)
A member of the public employees retirement system with at least
eighteen months of contributing service credit with the public
employees retirement system who has received a refund of
contributions to a uniform retirement system shall, in computing
years of service, be given full credit for transferred service credit
if all of the following conditions are met:

(1)
The member is eligible, or with the credit will be eligible, for a
retirement or disability benefit.

(2)
The member agrees to retire or accept a disability benefit not later
than ninety days after receiving notice from the public employees
retirement system that the credit has been obtained.

(3)
For each year of service, the public employees retirement system
receives the sum of the following:

(a)
An amount, which shall be paid by the member, equal to the amount
refunded by the uniform system to the member for that year for
transferred service credit, with interest on that amount from the
date of the refund to the date a payment is made under this section;

(b)
Interest, which shall be transferred by the uniform system, on the
amount refunded to the member for the period from the last day of the
year in which the transfer under section 742.21, 742.214, 742.375,
5505.201, 5505.40, or 5505.41 of the Revised Code was made to the
date the refund was made;

(c)
If the uniform system retained any portion of the amount transferred
under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41
of the Revised Code, an amount, which shall be transferred by the
uniform system, equal to the amount retained, with interest on that
amount for the period from the last day of the year in which the
transfer under section 742.21, 742.214, 742.375, 5505.201, 5505.40,
or 5505.41 of the Revised Code was made to the date a transfer is
made under this section.

On
receipt of payment from the member, the public employees retirement
system shall notify the uniform system, which, on receipt of the
notice, shall make the transfer required by this division. Interest
shall be determined as provided in division (E) of this section.

(D)
Service credit purchased or obtained under this section shall be
considered the equivalent of Ohio service credit. A member may choose
to purchase only part of the credit the member is eligible to
purchase under division (C) of this section, subject to rules adopted
by the public employees retirement board. A member is ineligible to
purchase or obtain service credit under this section for service to
be used in the calculation of any retirement benefit currently being
paid or payable to the member in the future under any other
retirement program or for service credit that may be purchased or
obtained under section 145.295 of the Revised Code.

(E)
Interest charged under this section shall be calculated separately
for each year of service credit at the lesser of the actuarial
assumption rate for that year of the public employees retirement
system or of the uniform retirement system to which the credit was
transferred under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code. The interest shall be
compounded annually.

(F)
Any amounts transferred or paid under divisions (B) and (C) of this
section that are attributable to contributions made by the member or
to amounts paid to purchase service credit shall be credited to the
employees' savings fund created under section 145.23 of the Revised
Code. Any remaining amounts shall be credited to one or more of the
funds created under that section as determined by the board.

(G)
At the request of the public employees retirement system, the uniform
retirement system shall certify to the public employees retirement
system a copy of the records of the service and contributions of a
public employees retirement system member who seeks service credit
under this section. The uniform retirement system shall specify the
portions of the amounts transferred that are attributable to employee
contributions, employer contributions, and interest.

(H)
If a member of the public employees retirement system who is not a
current contributor elects to receive service credit under section
742.214 or 5505.41 of the Revised Code for transferred service
credit, as defined in those sections, the system shall transfer to
the uniform retirement system, as applicable, the amount specified in
division (B) or (C) of section 742.214 or division (B) or (C) of
section 5505.41 of the Revised Code.

(I)
The public employees retirement system shall withdraw the credit and
refund all amounts paid or transferred under this section if either
of the following occurs:

(1)
The member fails to retire or accept a disability benefit not later
than ninety days after receiving notice from the public employees
retirement system that credit has been obtained under this section.

(2)
The member's application for a disability benefit is denied.

(J)
The board may adopt rules to implement this section.

Sec.
145.2914.
(A)
The public employees retirement board may adopt rules in accordance
with section
145.09

111.15

of
the Revised Code to establish a program under which service credit
earned under section 145.33 of the Revised Code or division (A)(2),
(B)(1)(b), or (C)(2) of section 145.332 of the Revised Code is
treated as service credit earned under division (A)(1), (B)(1)(a), or
(C)(1) of section 145.332 of the Revised Code if the member elects to
do one of the following:

(1)
Have the amount of service credit earned under section 145.33 of the
Revised Code or division (A)(2), (B)(1)(b), or (C)(2) of section
145.332 of the Revised Code reduced so there is no additional
liability to the public employees retirement system;

(2)
Make payment to the public employees retirement system in accordance
with the rules. The number of years of service credit earned under
section 145.33 of the Revised Code or division (A)(2), (B)(1)(b), or
(C)(2) of section 145.332 of the Revised Code that may be treated as
service credit earned under division (A)(1), (B)(1)(a), or (C)(1) of
section 145.332 of the Revised Code shall not exceed five.

(B)
If the board adopts rules under division (A) of this section, all of
the following apply to payments made under division (A)(2) of this
section:

(1)
For each year or portion of a year of service credit earned under
section 145.33 of the Revised Code or division (A)(2), (B)(1)(b), or
(C)(2) of section 145.332 of the Revised Code that is to be treated
as service credit earned under division (A)(1), (B)(1)(a), or (C)(1)
of section 145.332 of the Revised Code, the member shall pay to the
retirement system an amount specified by the retirement board that is
not less than one hundred per cent of the additional liability
resulting from the purchase of that year, or portion of a year, of
service.

(2)
Any amounts paid under this section shall be credited to the
employees' savings fund.

(3)
The amounts paid by the member under this section are subject to the
limits established by division (n) of section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 415(n), as
amended.

(C)
A member may make the election authorized by this section if the
member is eligible to retire under this chapter or will become
eligible to retire as a result of the election. The member shall
agree to retire not later than ninety days after making the election
under division (A)(1) of this section or receiving notice of the
additional liability specified under division (B)(1) of this section.
If the member makes the election under division (A)(2) of this
section, payment shall be made in full for any credit earned under
section 145.33 of the Revised Code or division (A)(2), (B)(1)(b), or
(C)(2) of section 145.332 of the Revised Code that is to be treated
as service credit earned under division (A)(1), (B)(1)(a), or (C)(1)
of section 145.332 of the Revised Code, but the member may choose to
make payment for only part of the credit for which the member is
eligible.

(D)
If the member does not retire not later than ninety days after making
the election under division (A)(1) of this section or the payment
under division (A)(2) of this section, the system shall refund any
payment and shall not treat the credit as service credit earned under
division (A)(1), (B)(1)(a), or (C)(1) of section 145.332 of the
Revised Code.

(E)
The board's rules may deal with any other matter necessary to
implement this section.

Sec.
145.311.
(A)
A member of the public employees retirement system who has at least
eighteen months of contributing service credit in the system, the
Ohio police and fire pension fund, school employees retirement
system, state teachers retirement system, or state highway patrol
retirement system, and is a former member of or no longer
contributing to the school employees retirement system or state
teachers retirement system may restore service credit under section
3307.71 or 3309.26 of the Revised Code by making payments pursuant to
this section through a payroll deduction plan established under
section 145.294 of the Revised Code. A member seeking to restore this
service credit shall notify the public employees retirement system on
a form approved by the public employees retirement board. After
receiving the notice, the public employees retirement system shall
request that the former retirement system calculate under section
3307.712 or 3309.262 of the Revised Code the cost to the member to
restore service credit for each year or portion of a year of service
for which the member seeks to restore the service credit. The amount
the former retirement system certifies as the cost of restoring the
service credit, plus interest described in division (B) of this
section, is the cost to the member of restoring the service credit.
On receiving the certification from the former retirement system, the
public employees retirement system shall notify the member of the
cost.

(B)
For each year or portion of a year of service credit restored under
section 3307.71 or 3309.26 of the Revised Code, a member shall pay to
the public employees retirement system the amount certified by the
former retirement system plus interest at a rate specified by the
former retirement system under section 3307.712 or 3309.262 of the
Revised Code for the period during which deductions are made under
section 145.294 of the Revised Code.

(C)
The public employees retirement board shall at least annually
transmit to the former retirement system notice and any payments made
to restore service credit under section 3307.71 or 3309.26 of the
Revised Code. The former retirement system shall restore the service
credit for the year or portion of a year for which the payment was
made.

(D)
The board shall adopt rules to implement this section.

Sec.
145.323.
(A)
Except as otherwise provided in this section, the public employees
retirement board shall annually increase each allowance, pension, or
benefit payable under this chapter.

Until
the last day of December of the fifth full calendar year after
the
effective date of this amendment
January
7, 2013
,
the increase shall be three per cent. For each succeeding calendar
year, the increase shall be as follows:

(1)
For each allowance, pension, or benefit granted not later than
the
effective date of this amendment
January
7, 2013
,
three per cent;

(2)
For each allowance, pension, or benefit granted on or after
the
effective date of this amendment
January
7, 2013
,
the percentage increase in the consumer price index, not exceeding
three per cent, as determined by the United States bureau of labor
statistics (U.S. city average for urban wage earners and clerical
workers: "all items 1982-84=100") for the twelve-month
period ending on the thirtieth day of June of the immediately
preceding calendar year. If the consumer price index for that period
did not increase, no increase shall be made under division (A)(2) of
this section.

No
allowance, pension, or benefit shall exceed the limit established by
section 415 of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C. 415, as amended.

The
first increase is payable to all persons becoming eligible after June
30, 1971, upon such persons receiving an allowance for twelve months.
The increased amount is payable for the ensuing twelve-month period
or until the next increase is granted under this section, whichever
is later. Subsequent increases shall be determined from the date of
the first increase paid to the former member in the case of an
allowance being paid a beneficiary under an option, or from the date
of the first increase to the survivor first receiving an allowance or
benefit in the case of an allowance or benefit being paid to the
subsequent survivors of the former member.

The
date of the first increase under this section becomes the anniversary
date for any future increases.

The
allowance or benefit used in the first calculation of an increase
under this section shall remain as the base for all future increases,
unless a new base is established.

(B)
If payment of a portion of a benefit is made to an alternate payee
under section 145.571 of the Revised Code, increases under this
section granted while the order is in effect shall be apportioned
between the alternate payee and the benefit recipient in the same
proportion that the amount being paid to the alternate payee bears to
the amount paid to the benefit recipient.

If
payment of a portion of a benefit is made to one or more
beneficiaries under a multiple-life plan under section 145.46 of the
Revised Code, each increase under this section granted while the plan
of payment is in effect shall be divided among the designated
beneficiaries in accordance with the portion each beneficiary has
been allocated.

(C)
The board shall make all rules necessary to carry out this section.

Sec.
145.381.
(A)
This section applies in the case of a person who is or most recently
has been employed by a public employer in a position that is
customarily filled by a vote of members of a board or commission or
by the legislative authority of a county, municipal corporation, or
township.

(B)
A board, commission, or legislative authority that proposes to
continue the employment as a reemployed retirant or rehire as a
reemployed retirant to the same position an individual described in
division (A) of this section shall do both of the following

in accordance with rules adopted under division (C) of this section
:

(1)
Not less than sixty days before the employment as a reemployed
retirant is to begin, give public notice that the person is or will
be retired and is seeking employment with the public employer;

(2)
Between fifteen and thirty days before the employment as a reemployed
retirant is to begin and after complying with division (B)(1) of this
section, hold a public meeting on the issue of the person being
employed by the public employer.

The
notice regarding division (B)(1) of this section shall include the
time, date, and location at which the public meeting is to take
place.

(C)
The public employees retirement board shall adopt rules as necessary
to implement this section.

Sec.
145.391.
The
public employees retirement board may establish and maintain a
qualified governmental excess benefit arrangement that meets the
requirements of division (m) of section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended, and any regulations adopted thereunder. If established, the
arrangement shall be a separate portion of the public employees
retirement system and be maintained solely for the purpose of
providing to retired members that part of a benefit otherwise payable
under this chapter that exceeds the limits established by section 415
of the "Internal Revenue Code of 1986," as amended. If
established, the amounts required to fund the arrangement shall be
included in the employer's contribution required by sections 145.48
and 145.51 of the Revised Code.

Members
participating in an arrangement established under this section shall
not be permitted to elect to defer compensation to the arrangement.
Contributions to and benefits paid under an arrangement shall not be
payable from a trust that is part of the system unless the trust is
maintained solely for the purpose of providing such benefits.

The
board shall adopt rules to administer an arrangement established
under this section.

Sec.
145.401.
(A)
As used in this section, "service credit" means service
credit earned for periods for which contributions were made under
section 145.47 of the Revised Code and, if applicable, periods for
which service credit was purchased or restored under section 145.302
or 145.31 of the Revised Code.

(B)
If a member has, or at the time of death had, at least five years of
service credit, the public employees retirement board shall include
the amount specified in rules adopted by the board in the amount
payable under section 145.40 of the Revised Code to the member, or
under division (B) of section 145.43 of the Revised Code to a
beneficiary or beneficiaries of the member, unless at the time of
death the member was a disability benefit recipient. The amount
specified in rules shall be paid from the employers' accumulation
fund.

(C)
The public employees retirement board shall adopt rules under section

145.09

111.15

of
the Revised Code specifying the additional amounts that may be
provided a member under section 145.40 of the Revised Code or a
beneficiary or beneficiaries under division (B) of section 145.43 of
the Revised Code. The additional amounts may vary depending on the
amount of service credit the member has accrued.

Sec.
145.43.
(A)
As used in this section and in section 145.45 of the Revised Code:

(1)
"Child" means a biological or legally adopted child of a
deceased member. If a court hearing for an interlocutory decree for
adoption was held prior to the member's death, "child"
includes the child who was the subject of the hearing notwithstanding
the fact that the final decree of adoption, adjudging the surviving
spouse as the adoptive parent, is made subsequent to the member's
death.

(2)
"Parent" is a parent or legally adoptive parent of a
deceased member.

(3)
"Dependent" means a beneficiary who receives one-half of
the beneficiary's support from a member during the twelve months
prior to the member's death.

(4)
"Surviving spouse" means an individual who establishes a
valid marriage to a member at the time of the member's death by
marriage certificate or pursuant to division (E) of this section.

(5)
"Survivor" means a surviving spouse, child, or parent.

(6)
"Accumulated contributions" has the meaning given in
section 145.01 of the Revised Code, except that, notwithstanding that
section, it does not include additional amounts deposited in the
employees' savings fund pursuant to the version of division (C) of
section 145.23 of the Revised Code as it existed immediately prior to
April 6, 2007, or pursuant to section 145.62 of the Revised Code.

(B)
Except as provided in division (C)(1) of section 145.45 of the
Revised Code, should a member die before age and service retirement,
the member's accumulated contributions and any applicable amount
calculated under section 145.401 of the Revised Code, shall be paid
to the person or persons the member has designated under section
145.431 of the Revised Code. A member may designate two or more
persons as beneficiaries to be paid the accumulated account in a lump
sum. Subject to rules adopted by the public employees retirement
board, a member who designates two or more persons as beneficiaries
shall specify the percentage of the lump sum that each beneficiary is
to be paid. If the member has not specified the percentages, the lump
sum shall be divided equally among the beneficiaries.

The
last designation of any beneficiary revokes all previous
designations. The member's marriage, divorce, marriage dissolution,
legal separation, or withdrawal of account, or the birth of the
member's child, or adoption of a child, shall constitute an automatic
revocation of the member's previous designation. If a deceased member
was also a member of the school employees retirement system or the
state teachers retirement system and a survivor benefit may be paid
under section 145.37, 3307.57, or 3309.35 of the Revised Code, the
beneficiary last established among the systems shall be the sole
beneficiary in all the systems.

If
the accumulated contributions of a deceased member are not claimed by
a beneficiary or by the estate of the deceased member within five
years after the death, the contributions shall remain in the
employees' savings fund or may be transferred to the income fund and
thereafter shall be paid to the beneficiary or to the member's estate
upon application to the board. The board
,
in accordance with section 111.15 of the Revised Code,

shall formulate and adopt the necessary rules governing all
designations of beneficiaries.

(C)
Except as provided in division (C)(1) of section 145.45 of the
Revised Code, if a member dies before age and service retirement and
is not survived by a designated beneficiary, the following shall
qualify, with all attendant rights and privileges, in the following
order of precedence, the member's:

(1)
Surviving spouse;

(2)
Children, share and share alike;

(3)
A dependent parent, if that parent takes survivor benefits under
division (B) of section 145.45 of the Revised Code;

(4)
Parents, share and share alike;

(5)
Estate.

If
the beneficiary is deceased or is not located within ninety days, the
beneficiary ceases to qualify for any benefit and the beneficiary
next in order of precedence shall qualify as a beneficiary.

Any
payment made to a beneficiary as determined by the board shall be a
full discharge and release to the board from any future claims.

(D)
Any amount due a retirant or disability benefit recipient receiving a
monthly benefit and unpaid to the retirant or recipient at death
shall be paid to the beneficiary designated in writing duly executed
on a form provided by the board, signed by the retirant or recipient,
and filed with the board. If no such designation has been filed, or
if the designated beneficiary is not located within ninety days, any
amounts payable under this chapter due to the death of the retirant
or recipient shall be paid in the following order of precedence to
the retirant's or recipient's:

(1)
Surviving spouse;

(2)
Children, share and share alike;

(3)
Parents, share and share alike;

(4)
Estate.

The
payment shall be a full discharge and release to the board from any
future claim for the payment.

Any
amount due a beneficiary receiving a monthly benefit and unpaid to
the beneficiary at the beneficiary's death shall be paid to the
beneficiary's estate.

(E)
If the validity of marriage cannot be established to the satisfaction
of the board for the purpose of disbursing any amount due under this
section or section 145.45 of the Revised Code, the board may accept a
decision rendered by a court having jurisdiction in the state in
which the member was domiciled at the time of death that the
relationship constituted a valid marriage at the time of death, or
the "spouse" would have the same status as a widow or
widower for purposes of sharing the distribution of the member's
intestate personal property.

(F)
As used in this division, "recipient" means an individual
who is receiving or may be eligible to receive an allowance or
benefit under this chapter based on the individual's service to a
public employer.

If
the death of a member, a recipient, or any individual who would be
eligible to receive an allowance or benefit under this chapter by
virtue of the death of a member or recipient is caused by one of the
following beneficiaries, no amount due under this chapter to the
beneficiary shall be paid to the beneficiary in the absence of a
court order to the contrary filed with the board:

(1)
A beneficiary who is convicted of, pleads guilty to, or is found not
guilty by reason of insanity of a violation of or complicity in the
violation of either of the following:

(a)
Section 2903.01, 2903.02, or 2903.03 of the Revised Code;

(b)
An existing or former law of any other state, the United States, or a
foreign nation that is substantially equivalent to section 2903.01,
2903.02, or 2903.03 of the Revised Code.

(2)
A beneficiary who is indicted for a violation of or complicity in the
violation of the sections or laws described in division (F)(1)(a) or
(b) of this section and is adjudicated incompetent to stand trial;

(3)
A beneficiary who is a juvenile found to be a delinquent child by
reason of committing an act that, if committed by an adult, would be
a violation of or complicity in the violation of the sections or laws
described in division (F)(1)(a) or (b) of this section.

Sec.
145.58.
(A)
The public employees retirement board shall adopt rules
in
accordance with section 111.15 of the Revised Code
establishing
eligibility for any coverage provided under this section. The rules
shall base eligibility on years and types of service credit earned by
members. Eligibility determinations shall be made in accordance with
the rules, except that an individual who, as a result of making a
false statement in an attempt to secure a benefit under this section,
is convicted of violating section 2921.13 of the Revised Code is
ineligible for coverage.

(B)
The board may enter into agreements with insurance companies, health
insuring corporations, or government agencies authorized to do
business in the state for issuance of a policy or contract of health,
medical, hospital, or surgical coverage, or any combination thereof,
for eligible individuals receiving age and service retirement or a
disability or survivor benefit subscribing to the plan, or for PERS
retirants employed under section 145.38 of the Revised Code, for
coverage in accordance with division (D)(2) of section 145.38 of the
Revised Code. Notwithstanding any other provision of this chapter,
the policy or contract may also include coverage for any eligible
individual's spouse and dependent children and for any of the
eligible individual's sponsored dependents as the board determines
appropriate. If all or any portion of the policy or contract premium
is to be paid by any individual receiving age and service retirement
or a disability or survivor benefit, the individual shall, by written
authorization, instruct the board to deduct the premium agreed to be
paid by the individual to the company, corporation, or agency.

The
board may contract for coverage on the basis of part or all of the
cost of the coverage to be paid from appropriate funds of the public
employees retirement system. The cost paid from the funds of the
system shall be included in the employer's contribution rate provided
by sections 145.48 and 145.51 of the Revised Code. The board may by
rule

adopted in accordance with section 111.15 of the Revised Code

provide coverage to individuals who are not eligible under the rules
adopted under division (A) of this section if the coverage is
provided at no cost to the retirement system. The board shall not pay
or reimburse the cost for coverage under this section or section
145.584 of the Revised Code for any such individual.

The
board may provide for self-insurance of risk or level of risk as set
forth in the contract with the companies, corporations, or agencies,
and may provide through the self-insurance method specific coverage
as authorized by rules of the board.

(C)
The board shall, beginning the month following receipt of
satisfactory evidence of the payment for coverage, pay monthly to
each recipient of service retirement, or a disability or survivor
benefit under the public employees retirement system who is eligible
for coverage under part B of the medicare program established under
Title XVIII of "The Social Security Act Amendments of 1965,"
79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as amended, an amount
determined by the board for such coverage, except that the board
shall make no such payment to any individual who is not eligible for
coverage under the rules adopted under division (A) of this section
or pay an amount that exceeds the amount paid by the recipient for
the coverage.

At
the request of the board, the recipient shall certify to the
retirement system the amount paid by the recipient for coverage
described in this division.

(D)
The board shall establish by rule requirements for the coordination
of any coverage or payment provided under this section or section
145.584 of the Revised Code with any similar coverage or payment made
available to the same individual by the Ohio police and fire pension
fund, state teachers retirement system, school employees retirement
system, or state highway patrol retirement system.

(E)
The board shall make all other necessary rules pursuant to the
purpose and intent of this section.

Sec.
145.583.
The
PERS defined benefit plan or a PERS defined contribution plan may
include a program under which a member participating in the plan, the
member's employer, or a retirant is permitted to make deposits for
the purpose of providing funds to the member or retirant for the
payment of health, medical, hospital, surgical, dental, vision care,
or drug expenses, including insurance premiums, deductible amounts,
or copayments. Deposits made under this section are in addition to
contributions required by this chapter and any other deposits made
under it.

A
program established under this section may be a voluntary employees'
beneficiary association, as described in section 501(c)(9) of the
Internal Revenue Code, 26 U.S.C. 501(c)(9), as amended; an account
described in section 401(h) of the Internal Revenue Code, 26 U.S.C.
401(h), as amended; a medical savings account; or a similar type of
program under which an individual may accumulate funds for the
purpose of paying such expenses. To implement the program, the public
employees retirement board may enter into agreements with insurance
companies or other entities authorized to conduct business in this
state.

If
the PERS defined benefit plan or a PERS defined contribution plan
includes a program described in this section, the board shall adopt
rules to establish and administer the program.

Sec.
145.584.
(A)
Except as otherwise provided in division (B) of this section, the
board of the public employees retirement system shall make available
to each retirant or disability benefit recipient receiving a monthly
allowance or benefit on or after January 1, 1968, who has attained
the age of sixty-five years, and who is not eligible to receive
hospital insurance benefits under the federal old age, survivors, and
disability insurance program without payment of premiums, one of the
following:

(1)
Hospital insurance coverage substantially equivalent to the federal
hospital insurance benefits, Social Security Amendments of 1965, 79
Stat. 291, 42 U.S.C.A. 1395c, as amended;

(2)
An amount, determined by the board, to reimburse the retirant or
disability benefit recipient for payment of premiums for federal
hospital insurance benefits described in this division, which amount
shall not exceed the premiums paid.

This
coverage or amount shall also be made available to the spouse, widow,
or widower of such retirant or disability benefit recipient provided
such spouse, widow, or widower has attained age sixty-five and is not
eligible to receive hospital insurance benefits under the federal old
age, survivors, and disability insurance program without payment of
premiums. The widow or widower of a retirant or disability benefit
recipient shall be eligible for such coverage or amount only if he or
she is the recipient of a monthly allowance or benefit from this
system. A portion of the cost of the premium or amount for the spouse
may be paid from the appropriate funds of the system. The remainder
of the cost shall be paid by the recipient of the allowance or
benefit.

The
cost of such coverage or amount, paid from the funds of the system,
shall be included in the employer's rate provided by section 145.48
of the Revised Code. The retirement board
is
authorized to make all necessary rules pursuant to the purpose and
intent of this section, and
may
contract for such coverage as provided in section 145.58 of the
Revised Code.

At
the request of the board, the recipient of reimbursement under this
section shall certify to the retirement system the premium paid for
the federal insurance benefits described in division (A) of this
section. Payment of the amount described in division (A)(2) of this
section shall begin for the first month that the recipient is
participating in both the federal hospital insurance benefits and a
health care arrangement offered by the system.

(B)
The board need not make the hospital insurance coverage or amount
described in division (A) of this section available to any person for
whom it is prohibited by section 145.58 of the Revised Code from
paying or reimbursing the premium cost of such insurance.

Sec.
145.62.
Subject
to rules adopted by the public employees retirement system under
section
145.09

111.15

of
the Revised Code, a contributor participating in the PERS defined
benefit plan or contributing under section 145.38 or 145.383 of the
Revised Code may deposit additional amounts in the employees' savings
fund established under section 145.23 of the Revised Code. The
additional deposits may be made either directly to the retirement
system or by payroll deduction under section 145.294 of the Revised
Code. The contributor shall receive in return either an annuity, as
provided in section 145.64 of the Revised Code, having a reserve
equal to the amount deposited or a refund under section 145.63 of the
Revised Code of the amount deposited, together with earnings on the
amount deposited as the public employees retirement board determines
appropriate. If the annuity under the plan of payment selected by the
contributor under section 145.64 of the Revised Code would be less
than fifty dollars per month, the contributor shall receive the
refund.

Sec.
145.65.
(A)
As used in this section, "child," "parent," and
"surviving spouse" have the same meanings as in section
145.43 of the Revised Code.

(B)
Should a contributor die before commencement of a benefit under
section 145.64 of the Revised Code, any deposits made under section
145.62 or the version of division (C) of section 145.23 of the
Revised Code as it existed immediately prior to
the
effective date of this section
April
6, 2007,

plus earnings shall be paid to the person or persons the contributor
has designated in writing duly executed on a form provided by the
public employees retirement system, signed by the contributor, and
filed with the system prior to the contributor's death. A contributor
may designate two or more persons as beneficiaries. Subject to rules
adopted by the public employees retirement board, a contributor who
designates two or more persons as beneficiaries under this division
shall specify the percentage of the deposits that each beneficiary is
to be paid. If the contributor has not specified the percentage, the
deposits shall be divided equally among the beneficiaries.

The
last designation of any beneficiary revokes all previous
designations. The contributor's marriage, divorce, marriage
dissolution, legal separation, or refund under section 145.63 of the
Revised Code, or the birth of the contributor's child, or adoption of
a child, shall constitute an automatic revocation of the
contributor's previous designation.

If
the deposits of a deceased contributor are not claimed by a
beneficiary or by the estate of the deceased contributor within five
years, the deposits shall be transferred to the income fund and
thereafter paid to the beneficiary or to the contributor's estate on
application to the system. The board
,
in accordance with section 111.15 of the Revised Code,

shall formulate and adopt the necessary rules governing all
designations of beneficiaries.

(C)
If a contributor dies before commencement of a benefit under section
145.64 of the Revised Code and is not survived by a designated
beneficiary, the following shall qualify with all attendant rights
and privileges, in the following order of precedence, the
contributor's:

(1)
Surviving spouse;

(2)
Children, share and share alike;

(3)
Parents, share and share alike;

(4)
Estate.

If
the beneficiary is deceased or is not located within ninety days, the
beneficiary ceases to qualify for any benefit and the beneficiary
next in order of precedence shall qualify as a beneficiary.

Any
payment made to a beneficiary as determined by the board shall be a
full discharge and release to the board from any future claims.

(D)
If the validity of marriage cannot be established to the satisfaction
of the board for the purpose of disbursing any amount due under
section 145.63 or 145.64 of the Revised Code, the board may accept a
decision rendered by a court having jurisdiction in the state in
which the contributor was domiciled at the time of death that the
relationship constituted a valid marriage at the time of death, or
the "spouse" would have the same status as a widow or
widower for purposes of sharing the distribution of the contributor's
intestate personal property.

(E)
If the death of a contributor or any individual who would be eligible
to receive a refund under section 145.63 of the Revised Code or an
annuity payment under section 145.64 of the Revised Code by virtue of
the death of a contributor is caused by a beneficiary, as described
in division (F) of section 145.43 of the Revised Code, no amount due
under section 145.63 or 145.64 of the Revised Code to that
beneficiary shall be paid to that beneficiary in the absence of a
court order to the contrary filed with the board.

Sec.
145.81.
The
public employees retirement board shall establish the PERS defined
contribution plans, which shall be one or more plans consisting of
benefit options that provide for an individual account for each
participating member and under which benefits are based solely on the
amounts that have accumulated in the account. The plans may include
options under which a member participating in a plan may receive
definitely determinable benefits.

Each
plan established under this section shall meet the requirements of
sections 145.81 to 145.98 of the Revised Code

and any rules adopted in accordance with section 145.80 of the
Revised Code
.
It may include life insurance, annuities, variable annuities,
regulated investment trusts, pooled investment funds, or other forms
of investment. Each plan may also permit a participant to transfer
participation to another plan created under this chapter. Transfers
must be made in accordance with section 145.814 of the Revised Code.

The
board may administer the plans, enter into contracts with other
entities to administer the plans, or both.

Sec.
145.814.
(A)
As used in this section, "eligible member" means a member
who was eligible to make an election under section 145.19 or 145.191
of the Revised Code, regardless of whether the member elected to
participate in a PERS defined contribution plan.

(B)
If permitted to do so by the plan documents for a PERS defined
contribution plan or rules governing the PERS defined benefit plan,
an eligible member may elect, at intervals specified by the plan
document or rules, to participate in a different defined contribution
plan or in the PERS defined benefit plan.
The
election is subject to this section and rules adopted by the public
employees retirement board under sections 145.09 and 145.80 of the
Revised Code.
An
election to participate in a different plan shall be made in writing
on a form provided by the public employees retirement system and
filed with the system. The election shall take effect on the first
day of the month following the date the election is filed and, except
as provided in the plan documents or rules governing the PERS defined
benefit plan, is irrevocable on receipt by the system.

(C)
Except as provided in division (D) of this section, an election to
participate in a different plan shall apply only to employee and
employer contributions made and, if applicable, service credit earned
after the effective date of the election.

(D)
An eligible member may elect to have the member's amount on deposit
for the prior plan and, if applicable, service credit earned prior to
the effective date of the election deposited and credited in
accordance with the member's new plan if the member, by the election,
will begin participating in the PERS defined benefit plan or a PERS
defined contribution plan with definitely determinable benefits. The
amount on deposit is the amount the member would be entitled to
receive as a refund from the prior plan if the member ceased to be a
public employee.

If
a member makes the election described in this division and service
credit is transferred, the board's actuary shall determine the
additional liability to the system, if any. The additional liability
is the amount that, when added to the amount on deposit, will provide
the remaining portion of the pension reserve for the period of the
member's service as a public employee in the prior plan.

If
the actuary determines that there is an additional liability, the
member shall elect one of the following:

(1)
To receive the total amount of service credit that the member would
have received had the member been participating in the new plan, pay
to the system an amount equal to the additional liability;

(2)
To receive an amount of service credit in the new plan that
corresponds to the amount on deposit for the prior plan.

For
each member who makes the election described in this division, the
system shall deposit and credit to the new plan the amount on deposit
for the prior plan and, if applicable, the amount paid by the member.
The board may specify in rules adopted under
sections
145.09 and 145.80
section
111.15
of
the Revised Code how service credit in the defined benefit plan may
be converted to amounts on deposit in the defined contribution plan.

Sec.
145.97.
Each
PERS defined contribution plan shall permit a member participating in
the plan to do both of the following:

(A)
If the member has withdrawn the amounts that have accumulated on
behalf of the member under the plan, returns to employment covered
under this chapter, and is participating in a plan that includes
definitely determinable benefits, pay to the system the amounts
withdrawn

in accordance with rules adopted under section 145.80 of the Revised
Code
;

(B)
Make additional deposits as permitted by the "Internal Revenue
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.

Sec.
147.62.
(A)
The secretary of state shall adopt rules under Chapter 119. of the
Revised Code
necessary

to

implement,

set
,

and maintain standards for online notarizations and online notaries
public. Such rules shall address
,
at a minimum,

all of the following:

(1)
The standards, procedures, application forms, and fees for the
authorization of a notary public to act as an online notary public;

(2)
The means of performing online notarizations;

(3)
Standards for the technology to be used in online notarizations;

(4)
Standards for remote presentation, credential analysis, and identity
proofing;

(5)
Standards for the retention of records relating to online
notarizations;

(6)
The modification of forms of notarial certificates for any notarial
act that is an online notarization;

(7)
Standards and requirements for the termination of a notary public's
authorization to perform online notarizations.

(B)
The office of information technology in the department of
administrative services shall provide assistance to the secretary of
state relating to the equipment, security, and technological aspects
of the standards established under this section.

Sec.
148.04.
(A)
The public employees retirement board shall initiate, plan, expedite,
and, subject to an appropriate assurance of the approval of the
internal revenue service, promulgate and offer to all eligible
employees, and thereafter administer on behalf of all participating
employees and continuing members, and alter as required, a program
for deferral of compensation, including a reasonable number of
options to the employee for the investment of deferred funds, always
in such form as will assure the desired tax treatment of such funds.
The members of the board are the trustees of any deferred funds and
shall discharge their duties with respect to the funds solely in the
interest of and for the exclusive benefit of participating employees,
continuing members, and their beneficiaries. With respect to such
deferred funds, section 148.09 of the Revised Code shall apply to
claims against participating employees or continuing members and
their employers.

(B)
Every employer of an eligible employee shall enroll the employee in a
deferred compensation program offered by the board on the employee's
application to participate, on the employee's election under section
148.041 of the Revised Code, or by automatic enrollment under section
148.042 of the Revised Code.

(C)
The board shall take all actions necessary to ensure that the program
qualifies as an eligible deferred compensation plan under section
457(b) of the Internal Revenue Code of 1986, 26 U.S.C. 457. The board
shall, subject to any applicable provisions of the Ohio public
employees deferred compensation program plan, undertake to obtain as
favorable conditions of tax treatment as possible, both in the
initial programs and any permitted alterations of them or additions
to them, as to such matters as terms of distribution, designation of
beneficiaries, withdrawal upon disability, financial hardship, or
termination of public employment, and other optional provisions.

The
board may establish a designated Roth account feature or any other
feature in which an employee may make tax-deferred or nontax-deferred
contributions to an eligible government plan in accordance with 26
U.S.C. 457, as amended.

(D)
In no event shall the total of the amount of deferred compensation to
be set aside under a deferred compensation program and the employee's
nondeferred income for any year exceed the total annual salary or
compensation under the existing salary schedule or classification
plan applicable to the employee in that year.

Such
a deferred compensation program shall be in addition to any
retirement or any other benefit program provided by law for employees
of this state. The board shall adopt rules pursuant to Chapter 119.
of the Revised Code to
provide
any necessary standards or conditions for the administration of its
programs, including
establish

any
limits on the portion of a participating employee's compensation that
may be deferred in order to avoid adverse treatment of the program by
the internal revenue service or the occurrence of deferral,
withholding, or other deductions in excess of the compensation
available for any pay period.

Both
of the following apply to a deferred compensation program established
under this section:

(1)
Any income deferred under the program shall continue to be included
as regular compensation for the purpose of computing the
contributions to and benefits from the retirement system of an
employee;

(2)
Any sums deferred shall not be included in the computation of any
federal and state income taxes withheld on behalf of an employee.
Sums contributed to a Roth account feature or other feature to which
nontax-deferred contributions are made shall be included in the
computation of any federal and state income taxes withheld on behalf
of an employee.

(E)
This section does not limit the authority of any municipal
corporation, county, township, park district, conservancy district,
sanitary district, health district, public library, county law
library, public institution of higher education, or school district
to provide separate authorized plans or programs for deferring
compensation of their officers and employees in addition to the
program for the deferral of compensation offered by the board. Any
municipal corporation, township, public institution of higher
education, or school district that offers such plans or programs
shall include a reasonable number of options to its officers or
employees for the investment of the deferred funds, including
annuities, variable annuities, regulated investment trusts, or other
forms of investment approved by the municipal corporation, township,
public institution of higher education, or school district, that will
assure the desired tax treatment of the funds.

Sec.
149.331.
The
state records program of the department of administrative services
shall do all of the following:

(A)
Establish and promulgate in consultation with the state archivist
standards, procedures, and techniques for the effective management of
state records;

(B)
Review applications for one-time records disposal and schedules of
records retention and destruction submitted by state agencies in
accordance with section 149.333 of the Revised Code;

(C)
Establish "general schedules" proposing the disposal, after
the lapse of specified periods of time, of records of specified form
or character common to several or all agencies that either have
accumulated or may accumulate in such agencies and that apparently
will not, after the lapse of the periods specified, have sufficient
administrative, legal, fiscal, or other value to warrant their
further preservation by the state;

(D)
Establish and maintain a records management training program, and
provide a basic consulting service, for personnel involved in
record-making and record-keeping functions of departments, offices,
and institutions;

(E)
Provide for the disposition of any remaining records of any state
agency, board, or commission, whether in the executive, judicial, or
legislative branch of government, that has terminated its operations.
After the closing of the Ohio veterans' children's home, the resident
records of the home and the resident records of the home when it was
known as the soldiers' and sailors' orphans' home required to be
maintained by approved records retention schedules shall be
administered by the state department of education and workforce
pursuant to this chapter, the administrative records of the home
required to be maintained by approved records retention schedules
shall be administered by the department of administrative services
pursuant to this chapter, and historical records of the home shall be
transferred to an appropriate archival institution in this state
prescribed by the state records program.

(F)
Establish a centralized program coordinating micrographics standards,
training, and services for the benefit of all state agencies;

(G)
Establish and publish in accordance with the applicable law necessary
procedures
and
rules
for
the retention and disposal of state records.

This
section does not apply to the records of state-supported institutions
of higher education, which shall keep their own records.

Sec.
153.71.
(A)
Any public authority

that is not the state or a state institution of higher education and
that is

planning to contract for professional design services or design-build
services may adopt, amend, or rescind rules, in accordance with
Chapter 119. of the Revised Code, to implement sections 153.66 to
153.70 of the Revised Code.

(B)
Sections 153.66 to 153.70 of the Revised Code do not apply to any of
the following:

(1)
Any project with an estimated professional design fee of twenty-five
thousand dollars or less;

(2)
Any project with an estimated professional design fee of more than
twenty-five thousand dollars but less than fifty thousand dollars if
both of the following requirements are met:

(a)
The public authority selects a single design professional or firm
from among those that have submitted a current statement of
qualifications within the immediately preceding year, as provided
under section 153.68 of the Revised Code, based on the public
authority's determination that the selected design professional or
firm is the most qualified to provide the required professional
design services;

(b)
The public authority and the selected design professional or firm
comply with division (B) of section 153.69 of the Revised Code with
respect to the negotiation of a contract.

(3)
Any project determined in writing by the public authority head to be
an emergency requiring immediate action including, but not limited
to, any projects requiring multiple contracts let as part of a
program requiring a large number of professional design firms of the
same type.

Sec.
156.05.
In
accordance with Chapter 119. of the Revised Code, the executive
director of the Ohio facilities construction commission shall adopt
,
and enforce
rules

necessary
to administer sections 156.01 to 156.04 of the Revised Code. Rules
adopted under this section shall
to

establish
procedures by which the executive director may authorize in the
executive director's stead the manager of any building owned by the
state to enter into contracts authorized under sections 156.01 to
156.04 of the Revised Code.

Sec.
163.58.
(A)
Except as otherwise provided in rules adopted under division (B) of
this section, the
The

head
of each displacing agency is authorized to establish such regulations
and procedures as
he
the
head of the displacing agency

may determine to be necessary to assure:

(1)
(A)

That the payments and assistance authorized by sections 163.51 to
163.62 of the Revised Code shall be administered in a manner which is
fair and reasonable, and as uniform as practicable;

(2)

(B)

That
a displaced person who makes proper application for a payment
authorized for such person by sections 163.51 to 163.62 of the
Revised Code shall be paid promptly after a move or, in hardship
cases, be paid in advance;

(3)

(C)

That
any person aggrieved by a determination as to eligibility for a
payment authorized by such sections, or the amount of a payment, may
have
his
the
person's

application reviewed by the head of the displacing agency having
authority over the applicable program or project.

(B)
Notwithstanding any provision of the Revised Code to the contrary,
the lead agency shall adopt such rules as may be necessary to
implement sections 163.51 to 163.62 of the Revised Code in a manner
which is as fair, reasonable, and uniform as practicable. As used in
this section, "lead agency" means the state agency that the
governor shall designate to carry out the duties prescribed by this
division.

Sec.
166.02.
(A)
The general assembly finds that many local areas throughout the state
are experiencing economic stagnation or decline, and that the
economic development programs provided for in this chapter will
constitute deserved, necessary reinvestment by the state in those
areas, materially contribute to their economic revitalization, and
result in improving the economic welfare of all the people of the
state. Accordingly, it is declared to be the public policy of the
state, through the operations of this chapter and other applicable
laws adopted pursuant to Section 2p or 13 of Article VIII, Ohio
Constitution, and other authority vested in the general assembly, to
assist in and facilitate the establishment or development of eligible
projects or assist and cooperate with any governmental agency in
achieving such purpose.

(B)
In furtherance of such public policy and to implement such purpose,
the director of development may:

(1)
After consultation with appropriate governmental agencies, enter into
agreements with persons engaged in industry, commerce, distribution,
development of tourism attractions or professional sports facilities,
or research and with governmental agencies to induce such persons to
acquire, construct, reconstruct, rehabilitate, renovate, enlarge,
improve, equip, or furnish, or otherwise develop, eligible projects
and make provision therein for project facilities and governmental
actions, as authorized by this chapter and other applicable laws,
subject to any required actions by the general assembly or the
controlling board and subject to applicable local government laws and
regulations;

(2)
Provide for the guarantees and loans as provided for in sections
166.06 and 166.07 of the Revised Code;

(3)
Subject to release of such moneys by the controlling board, contract
for labor and materials needed for, or contract with others,
including governmental agencies, to provide, project facilities the
allowable costs of which are to be paid for or reimbursed from moneys
in the facilities establishment fund, and contract for the operation
of such project facilities;

(4)
Subject to release thereof by the controlling board, from moneys in
the facilities establishment fund acquire or contract to acquire by
gift, exchange, or purchase, including the obtaining and exercise of
purchase options, property, and convey or otherwise dispose of, or
provide for the conveyance or disposition of, property so acquired or
contracted to be acquired by sale, exchange, lease, lease purchase,
conditional or installment sale, transfer, or other disposition,
including the grant of an option to purchase, to any governmental
agency or to any other person without necessity for competitive
bidding and upon such terms and conditions and manner of
consideration pursuant to and as the director determines to be
appropriate to satisfy the objectives of sections 166.01 to 166.11 of
the Revised Code;

(5)
Retain the services of or employ financial consultants, appraisers,
consulting engineers, superintendents, managers, construction and
accounting experts, attorneys, and employees, agents, and independent
contractors as are necessary in the director's judgment and fix the
compensation for their services;

(6)
Receive and accept from any person grants, gifts, and contributions
of money, property, labor, and other things of value, to be held,
used and applied only for the purpose for which such grants, gifts,
and contributions are made;

(7)
Enter into appropriate arrangements and agreements with any
governmental agency for the taking or provision by that governmental
agency of any governmental action;

(8)
Do all other acts and enter into contracts and execute all
instruments necessary or appropriate to carry out the provisions of
this chapter
;

(9)
Adopt rules to implement any of the provisions of this chapter
applicable to the director
.

(C)
The determinations by the director that facilities constitute
eligible projects, that facilities are project facilities, that costs
of such facilities are allowable costs, and all other determinations
relevant thereto or to an action taken or agreement entered into
shall be conclusive for purposes of the validity and enforceability
of rights of parties arising from actions taken and agreements
entered into under this chapter.

(D)
Except as otherwise prescribed in this chapter, all expenses and
obligations incurred by the director in carrying out the director's
powers and in exercising the director's duties under this chapter,
shall be payable solely from, as appropriate, moneys in the
facilities establishment fund, the loan guarantee fund, the
innovation Ohio loan guarantee fund, the innovation Ohio loan fund,
the research and development loan fund, the logistics and
distribution infrastructure fund, or moneys appropriated for such
purpose by the general assembly. This chapter does not authorize the
director or the issuing authority under section 166.08 of the Revised
Code to incur bonded indebtedness of the state or any political
subdivision thereof, or to obligate or pledge moneys raised by
taxation for the payment of any bonds or notes issued or guarantees
made pursuant to this chapter.

(E)
Any governmental agency may enter into an agreement with the
director, any other governmental agency, or a person to be assisted
under this chapter, to take or provide for the purposes of this
chapter any governmental action it is authorized to take or provide,
and to undertake on behalf and at the request of the director any
action which the director is authorized to undertake pursuant to
divisions (B)(3), (4), and (5) of this section or divisions (B)(3),
(4), and (5) of section 166.12 of the Revised Code. Governmental
agencies of the state shall cooperate with and provide assistance to
the director of development and the controlling board in the exercise
of their respective functions under this chapter.

Sec.
166.12.
(A)
The general assembly finds that in order to maintain and enhance the
competitiveness of the Ohio economy and to improve the economic
welfare of all of the people of the state, it is necessary to ensure
that high-value jobs based on research, technology, and innovation
will be available to the people of this state. Further, the general
assembly finds that the attraction of such jobs and their presence in
this state will materially contribute to the economic welfare of all
of the people of the state. Accordingly, it is declared to be the
public policy of this state, through the operations under sections
166.01 and 166.12 to 166.16 of the Revised Code, and the loan and
loan guarantee provisions contained in those sections, applicable
laws adopted pursuant to Section 13 of Article VIII, Ohio
Constitution, and other authority vested in the general assembly, to
assist in and facilitate the establishment or development of eligible
innovation projects or assist and cooperate with any governmental
agency in achieving that purpose.

(B)
In furtherance of that public policy and to implement that purpose,
the director of development may:

(1)
After consultation with appropriate governmental agencies, enter into
agreements with persons engaged in industry, commerce, distribution,
development of tourism attractions or professional sports facilities,
or research and with governmental agencies to induce such persons to
acquire, construct, reconstruct, rehabilitate, renovate, enlarge,
improve, equip, or furnish, or otherwise develop, eligible innovation
projects and make provision therein for project facilities and
governmental actions, as authorized by sections 166.01 and 166.12 to
166.16 of the Revised Code and other applicable laws;

(2)
Provide for innovation Ohio loan guarantees and loans under sections
166.15 and 166.16 of the Revised Code;

(3)
Subject to the release of such moneys by the controlling board,
contract for labor and materials needed for, or contract with others,
including governmental agencies, to provide, eligible innovation
projects the allowable innovation costs of which are to be paid for
or reimbursed from moneys in the innovation Ohio loan fund, and
contract for the operation of such eligible innovation projects;

(4)
Subject to release thereof by the controlling board, from moneys in
the innovation Ohio loan fund, acquire or contract to acquire by
gift, exchange, or purchase, including the obtaining and exercise of
purchase options, innovation property, and convey or otherwise
dispose of, or provide for the conveyance or disposition of,
innovation property so acquired or contracted to be acquired by sale,
exchange, lease, lease purchase, conditional or installment sale,
transfer, or other disposition, including the grant of an option to
purchase, to any governmental agency or to any other person without
necessity for competitive bidding and upon such terms and conditions
and manner of consideration pursuant to, and as the director
determines to be appropriate to satisfy the objectives of, Chapter
166. of the Revised Code;

(5)
Retain the services of or employ financial consultants, appraisers,
consulting engineers, superintendents, managers, construction and
accounting experts, attorneys, and employees, agents, and independent
contractors as are necessary in the director's judgment and fix the
compensation for their services;

(6)
Receive and accept from any person grants, gifts, and contributions
of money, property, labor, and other things of value, to be held,
used, and applied only for the purpose for which such grants, gifts,
and contributions are made;

(7)
Enter into appropriate arrangements and agreements with any
governmental agency for the taking or provision by that governmental
agency of any governmental action with respect to innovation
projects;

(8)
Do all other acts and enter into contracts and execute all
instruments necessary or appropriate to carry out the provisions of
sections 166.01 and 166.12 to 166.16 of the Revised Code;

(9)
With respect to property, including but not limited to innovation
property, take such interests, including but not limited to
mortgages, security interests, assignments, and exclusive or
non-exclusive licenses, as may be necessary or appropriate under the
circumstances, to ensure that innovation property is used within this
state and that products or services associated with that innovation
property are produced or, in the case of services, delivered, by
persons employed within this state
;

(10)
Adopt rules necessary to implement any of the provisions of sections
166.01 and 166.12 to 166.16 of the Revised Code applicable to the
director
.

(C)
The determinations by the director that facilities or property
constitute eligible innovation projects and that costs of such
facilities or property are allowable innovation costs, and all other
determinations relevant thereto or to an action taken or agreement
entered into, shall be conclusive for purposes of the validity and
enforceability of rights of parties arising from actions taken and
agreements entered into under sections 166.01 and 166.12 to 166.16 of
the Revised Code.

Sec.
166.17.
(A)
The general assembly finds that in order to enhance the economic
opportunities available to and improve the economic welfare of all
the people of the state, and to maintain and enhance the
competitiveness of the Ohio economy, it is necessary to ensure that
the people of the state will continue to have access to high-value
jobs in technology, and that, to facilitate such continued access, it
is necessary to provide incentives to retain and attract businesses
that will develop new or improved technologies, processes, and
products, or apply existing technologies in new ways. Further, the
general assembly finds that the attraction of such jobs and their
presence in this state will materially contribute to the economic
welfare of all the people of the state. Accordingly, it is declared
to be the public policy of this state, through operations under
sections 166.17 to 166.21, 5733.352, and 5747.331 of the Revised Code
and the provisions for financial assistance contained in those
sections, other applicable laws adopted pursuant to Section 13 of
Article VIII, Ohio Constitution, and other authority vested in the
general assembly, to assist in and facilitate the establishment or
development of eligible research and development projects or assist
and cooperate with any governmental agency in achieving that purpose.

(B)
In furtherance of that public policy and to implement that purpose,
the director of development may do any of the following:

(1)
After consultation with appropriate governmental agencies, enter into
agreements with persons engaged in industry, commerce, distribution,
development of tourism attractions or professional sports facilities,
or research and with governmental agencies, to induce such persons to
acquire, construct, reconstruct, rehabilitate, renovate, enlarge,
improve, equip, furnish, or develop eligible research and development
projects, or to enable governmental agencies to acquire, construct,
reconstruct, rehabilitate, renovate, enlarge, improve, equip,
furnish, or develop eligible research and development projects for
lease to persons engaged in industry, commerce, distribution,
development of tourism attractions or professional sports facilities,
or research;

(2)
Provide for loans under section 166.21 of the Revised Code to finance
eligible research and development projects;

(3)
Subject to the release of moneys in the research and development loan
fund by the controlling board, contract for labor and materials
needed for, or contract with others, including governmental agencies,
to provide, eligible research and development projects, the allowable
costs of which are to be paid for or reimbursed from such moneys, and
contract for the operation of those projects;

(4)
From moneys in the research and development loan fund, subject to
release thereof by the controlling board, acquire or contract to
acquire property by gift, exchange, or purchase, including by
obtaining and exercising purchase options, and convey or otherwise
dispose of, or provide for the conveyance or disposition of, that
property by sale, exchange, lease, lease purchase, conditional or
installment sale, transfer, or other disposition, including the grant
of an option to purchase, to any governmental agency or to any other
person without necessity for competitive bidding and upon such terms
and conditions and manner of consideration pursuant to, and as the
director determines to be appropriate to satisfy the objectives of,
Chapter 166. of the Revised Code;

(5)
Retain the services of or employ financial consultants, appraisers,
consulting engineers, superintendents, managers, construction and
accounting experts, attorneys, employees, agents, and independent
contractors as are necessary in the director's judgment, and fix the
compensation for their services;

(6)
Receive and accept from any person, grants, gifts, and contributions
of money, property, labor, and other things of value, to be held,
used, and applied only for the purpose for which such grants, gifts,
and contributions are made;

(7)
Enter into arrangements and agreements with any governmental agency
for the agency to take or provide any governmental action with
respect to eligible research and development projects;

(8)
Do all other acts, enter into contracts, execute all instruments, and
make all certifications necessary or appropriate to carry out
sections 166.01, 166.17 to 166.21, 5733.352, and 5747.331 of the
Revised Code;

(9)
With respect to property that is the subject of or related to
research and development financial assistance, take such interests,
including, but not limited to, mortgages, security interests,
leasehold interests, assignments, and exclusive or nonexclusive
licenses, as may be necessary or appropriate under the circumstances,
to ensure that the property is used within this state and that
products or services associated with that property are produced or,
in the case of services, delivered, by persons employed within this
state
;

(10)
Adopt rules necessary to implement any of the provisions of sections
166.17 to 166.21, 5733.352, and 5747.331 of the Revised Code that are
applicable to the director
.

(C)
The determination by the director that facilities or property
constitute an eligible research and development project and that the
costs of such facilities or property are allowable costs related to
the project, and all other determinations relevant thereto, or to an
action taken or agreement entered into, shall be conclusive for
purposes of the validity and enforceability of rights of parties
arising from actions taken and agreements entered into under sections
166.17 to 166.21, 5733.352, and 5747.331 of the Revised Code.

Sec.
169.09.
The
director of commerce shall make, in accordance with Chapter 119. of
the Revised Code,
necessary

rules
that prescribe uniform methods for conducting unclaimed funds audits
under section 169.03 of the Revised Code and for determining when
such an audit is appropriate
,
and may make necessary rules to carry out any other duty imposed upon
the director by this chapter
.

Sec.
173.02.
The
department of aging
shall
adopt, and may rescind, rules as necessary to carry out the
provisions of Chapter 173. of the Revised Code and
may:

(A)
Provide technical assistance and consultation to public and private
nonprofit agencies with respect to programs, services, and activities
for elderly people;

(B)
Cooperate with federal agencies, other state agencies or departments,
and organizations to conduct studies and surveys on the special
problems of the aged in such matters as mental and physical health,
housing, transportation, family relationships, employment, income,
vocational rehabilitation, recreation, and education; make such
reports as are appropriate to the governor and other federal and
state agencies; and develop recommendations for administrative or
legislative action to alleviate such problems;

(C)
Develop and strengthen the services available for the aging in the
state by coordinating the existing services provided by federal,
state, and local departments and agencies, and private agencies and
facilities;

(D)
Extend and expand services for the aged through coordinating the
interests and efforts of local communities in studying the problems
of the aged citizens of this state;

(E)
Encourage, promote, and aid in the establishment of programs and
services on the local level for the betterment of the living
conditions of the aged by making it possible for the aged to more
fully enjoy and participate in family and community life;

(F)
Sponsor voluntary community rehabilitation and recreational
facilities for the purpose of improving the general welfare of the
elderly;

(G)
Stimulate the training of workers in the field of aging;

(H)
Provide consultants to agencies, associations, or individuals
providing services supported by the department;

(I)
Provide support which shall include, but not be limited to, financial
support for the Martin Janis multipurpose senior center in Columbus;

(J)
Recommend methods of improving the effectiveness of state services
for elderly citizens;

(K)
Adopt rules pursuant to Chapter 119. of the Revised Code to request
fees, if not prohibited by any federal or state law, from persons
using services or facilities for the elderly that are provided,
operated, contracted for, or supported by the department, provided
that requesting the fees will not disqualify the department from
receiving federal or state funds;

(L)
Publish a description of the organization and functions of the
department so that all interested agencies and individuals may
receive information about, and be better able to solicit assistance
from, the department.

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

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

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

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

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

(5)
"Responsible party" means the following:

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

(b)
In the case of any other applicant who is under final consideration
for employment with the state long-term care ombudsman program or any
other employee of the state long-term care ombudsman program, the
state long-term care ombudsman;

(c)
In the case of an applicant who is under final consideration for
employment with a regional long-term care ombudsman program
(including as the head of the regional program) or an employee of a
regional long-term care ombudsman program (including the head of a
regional program), the regional long-term care ombudsman program.

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

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

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

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

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

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

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

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

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

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

(D)
As a condition of any applicant's being employed by a responsible
party in a position that involves providing ombudsman services to
residents and recipients, the responsible party or designee shall
conduct a database review of the applicant in accordance with rules
adopted under this section. If rules adopted under this section so
require, the responsible party or designee shall conduct a database
review of an employee in accordance with the rules as a condition of
the responsible party continuing to employ the employee in a position
that involves providing ombudsman services to residents and
recipients. A database review shall determine whether the applicant
or employee is included in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

(4)
The internet-based sex offender and child-victim offender database
established under division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code;

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

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

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

(E)(1)
As a condition of any applicant's being employed by a responsible
party in a position that involves providing ombudsman services to
residents and recipients, the responsible party or designee shall
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check of
the applicant. If rules adopted under this section so require, the
responsible party or designee shall request that the superintendent
conduct a criminal records check of an employee at times specified in
the rules as a condition of the responsible party continuing to
employ the employee in a position that involves providing ombudsman
services to residents and recipients. However, the responsible party
or designee is not required to request the criminal records check of
the applicant or employee if the responsible party is prohibited by
division (B)(1) of this section from employing the applicant or
continuing to employ the employee in a position that involves
providing ombudsman services to residents and recipients. If an
applicant or employee for whom a criminal records check request is
required by this section does not present proof of having been a
resident of this state for the five-year period immediately prior to
the date the criminal records check is requested or provide evidence
that within that five-year period the superintendent has requested
information about the applicant or employee from the federal bureau
of investigation in a criminal records check, the responsible party
or designee shall request that the superintendent obtain information
from the federal bureau of investigation as part of the criminal
records check. Even if an applicant or employee for whom a criminal
records check request is required by this section presents proof of
having been a resident of this state for the five-year period, the
responsible party or designee may request that the superintendent
include information from the federal bureau of investigation in the
criminal records check.

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

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

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

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

(3)
A responsible party shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check the responsible party or the responsible
party's designee requests under this section. The responsible party
may charge an applicant a fee not exceeding the amount the
responsible party pays to the bureau under this section if the
responsible party or designee notifies the applicant at the time of
initial application for employment of the amount of the fee.

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

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

(b)
The responsible party or designee requests the criminal records check
in accordance with division (E) of this section before conditionally
employing the applicant.

(2)
A responsible party shall terminate the employment of an applicant
employed conditionally under division (F)(1) of this section if the
results of the criminal records check, other than the results of any
request for information from the federal bureau of investigation, are
not obtained within the period ending sixty days after the date the
request for the criminal records check is made. Regardless of when
the results of the criminal records check are obtained, if the
results indicate that the applicant has been convicted of, pleaded
guilty to, or been found eligible for intervention in lieu of
conviction for a disqualifying offense, the responsible party shall
terminate the applicant's employment unless the applicant meets
standards specified in rules adopted under this section that permit
the responsible party to employ the applicant and the responsible
party chooses to employ the applicant. Termination of employment
under this division shall be considered just cause for discharge for
purposes of division (D)(2) of section 4141.29 of the Revised Code if
the applicant makes any attempt to deceive the responsible party or
designee about the applicant's criminal record.

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

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

(2)
The responsible party or designee;

(3)
In the case of a criminal records check conducted for an applicant
who is under final consideration for employment with a regional
long-term care ombudsman program (including as the head of the
regional program) or an employee of a regional long-term care
ombudsman program (including the head of a regional program), the
state long-term care ombudsman or a representative of the office of
the state long-term care ombudsman program who is responsible for
monitoring the regional program's compliance with this section;

(4)
A court or hearing officer involved in a case dealing with any of the
following:

(a)
A denial of employment of the applicant or employee;

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

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

(5)
Pursuant to a lawful subpoena or valid court order, any necessary
individual not identified in division (G)(4) of this section who is
involved in a case dealing with any issue, matter, or action
described in division (G)(4)(a), (b), or (c) of this section.

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

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

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

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

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

(J)
(1)

The director of aging
shall

may

adopt
rules in accordance with Chapter 119. of the Revised Code

to implement this section.

(1)
The rules may
to

do
the following:

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

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

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

(2)
The
director
shall adopt
rules

shall

under
Chapter 119. of the Revised Code to
specify
all of the following:

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

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

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

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

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

(1)
"Applicant" means a person who is under final consideration
for employment with a responsible party in a full-time, part-time, or
temporary direct-care position or is referred to a responsible party
by an employment service for such a position. "Applicant"
does not include a person being considered for a direct-care position
as a volunteer.

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

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

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

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

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

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

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

(b)
"Direct-care position" does not include any of the
following:

(i)
A person whose sole duties are transporting individuals under Chapter
306. of the Revised Code;

(ii)
An attorney licensed to practice law in this state;

(iii)
A person who is not licensed to practice law in this state, but, at
the direction of an attorney licensed to practice law in this state,
assists the attorney in the attorney's provision of legal services.

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

(8)
"Employee" means a person employed by a responsible party
in a full-time, part-time, or temporary direct-care position and a
person who works in such a position due to being referred to a
responsible party by an employment service. "Employee" does
not include a person who works in a direct-care position as a
volunteer.

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

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

(11)
"Responsible party" means the following:

(a)
An area agency on aging in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the agency in a full-time,
part-time, or temporary direct-care position or is referred to the
agency by an employment service for such a position;

(ii)
A person who is an employee because the person is employed by the
agency in a full-time, part-time, or temporary direct-care position
or works in such a position due to being referred to the agency by an
employment service.

(b)
A PASSPORT administrative agency in the case of either of the
following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the agency in a full-time,
part-time, or temporary direct-care position or is referred to the
agency by an employment service for such a position;

(ii)
A person who is an employee because the person is employed by the
agency in a full-time, part-time, or temporary direct-care position
or works in such a position due to being referred to the agency by an
employment service.

(c)
A provider in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for employment with the provider in a full-time,
part-time, or temporary direct-care position or is referred to the
provider by an employment service for such a position;

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

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

(i)
A person who is an applicant because the person is under final
consideration for employment with the subcontractor in a full-time,
part-time, or temporary direct-care position or is referred to the
subcontractor by an employment service for such a position;

(ii)
A person who is an employee because the person is employed by the
subcontractor in a full-time, part-time, or temporary direct-care
position or works in such a position due to being referred to the
subcontractor by an employment service.

(12)
"Subcontractor" has the meaning specified in rules adopted
under this section.

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

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

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

(1)
A person who is subject to a database review or criminal records
check under section 173.381 or 3740.11 of the Revised Code;

(2)
A person who is subject to a criminal records check under section
3721.121 of the Revised Code;

(3)
A participant-directed provider, but only if the director of aging
has conducted a database review of the provider in the same manner
that other database reviews are conducted under this section;

(4)
An ambulette driver employed by an organization licensed under
Chapter 4766. of the Revised Code.

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

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

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

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

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

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

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

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

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

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

(E)
As a condition of employing any applicant in a direct-care position,
the chief administrator of a responsible party shall conduct a
database review of the applicant in accordance with rules adopted
under this section. If rules adopted under this section so require,
the chief administrator of a responsible party shall conduct a
database review of an employee in accordance with the rules as a
condition of continuing to employ the employee in a direct-care
position. However, a chief administrator is not required to conduct a
database review of an applicant or employee if division (G) of this
section applies. A database review shall determine whether the
applicant or employee is included in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

(4)
The internet-based sex offender and child-victim offender database
established under division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code;

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

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

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

(F)(1)
As a condition of employing any applicant in a direct-care position,
the chief administrator of a responsible party shall request that the
superintendent of the bureau of criminal identification and
investigation conduct a criminal records check of the applicant. If
rules adopted under this section so require, the chief administrator
of a responsible party shall request that the superintendent conduct
a criminal records check of an employee at times specified in the
rules as a condition of continuing to employ the employee in a
direct-care position. However, the chief administrator is not
required to request the criminal records check of the applicant or
employee if division (G) of this section applies or the responsible
party is prohibited by division (C)(1) of this section from employing
the applicant or continuing to employ the employee in a direct-care
position. If an applicant or employee for whom a criminal records
check request is required by this section does not present proof of
having been a resident of this state for the five-year period
immediately prior to the date the criminal records check is requested
or provide evidence that within that five-year period the
superintendent has requested information about the applicant or
employee from the federal bureau of investigation in a criminal
records check, the chief administrator shall request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check. Even if an
applicant or employee for whom a criminal records check request is
required by this section presents proof of having been a resident of
this state for the five-year period, the chief administrator may
request that the superintendent include information from the federal
bureau of investigation in the criminal records check.

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

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

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

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

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

(a)
The responsible party notifies the applicant at the time of initial
application for employment of the amount of the fee and that, unless
the fee is paid, the applicant will not be considered for employment.

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

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

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

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

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

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

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

(a)
The chief administrator of the responsible party requests the
criminal records check in accordance with division (F) of this
section before conditionally employing the applicant.

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

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

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

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

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

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

(3)
A responsible party that employs an applicant conditionally pursuant
to division (H)(1)(a) or (b) of this section shall terminate the
applicant's employment if the results of the criminal records check,
other than the results of any request for information from the
federal bureau of investigation, are not obtained within the period
ending sixty days after the date the request for the criminal records
check is made. Regardless of when the results of the criminal records
check are obtained, if the results indicate that the applicant has
been convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense, the
responsible party shall terminate the applicant's employment unless
the applicant meets standards specified in rules adopted under this
section that permit the responsible party to employ the applicant and
the responsible party chooses to employ the applicant. Termination of
employment under this division shall be considered just cause for
discharge for purposes of division (D)(2) of section 4141.29 of the
Revised Code if the applicant makes any attempt to deceive the
responsible party about the applicant's criminal record.

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

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

(2)
The chief administrator of the responsible party requesting the
criminal records check or the administrator's representative;

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

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

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

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

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

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

(7)
A court or hearing officer involved in a case dealing with any of the
following:

(a)
A denial of employment of the applicant or employee;

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

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

(8)
Pursuant to a lawful subpoena or valid court order, any necessary
individual not identified in division (I)(7) of this section who is
involved in a case dealing with any issue, matter, or action
described in division (I)(7)(a), (b), or (c) of this section.

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

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

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

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

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

(1)
The rules may do the following:

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

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

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

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

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

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

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

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

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

Sec.
173.381.
(A)
As used in this section:

(1)
"Community-based long-term care services" means
community-based long-term care services, as defined in section 173.14
of the Revised Code, that are provided under a program the department
of aging administers.

(2)
"Community-based long-term care services certificate" means
a certificate issued under section 173.391 of the Revised Code.

(3)
"Community-based long-term care services contract or grant"
means a contract or grant awarded under section 173.392 of the
Revised Code.

(4)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(5)
"Disqualifying offense" means any of the offenses listed or
described in divisions (A)(3)(a) to (e) of section 109.572 of the
Revised Code.

(6)
"Provider" has the same meaning as in section 173.39 of the
Revised Code.

(7)
"Self-employed provider" means a provider who works for the
provider's self and has no employees.

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

(1)
An applicant as defined in section 3740.11 of the Revised Code or an
employee as defined in section 3740.01 of the Revised Code;

(2)
An ambulette driver employed by an organization licensed under
Chapter 4766. of the Revised Code;

(3)
An attorney licensed to practice law in this state;

(4)
A person who is not licensed to practice law in this state, but who,
at the direction of an attorney licensed to practice law in this
state, assists the attorney in the attorney's provision of legal
services.

(C)(1)
The department of aging or its designee shall take the following
actions when the circumstances specified in division (C)(2) of this
section apply:

(a)
Refuse to issue a community-based long-term care services certificate
to a self-employed provider;

(b)
Revoke a self-employed provider's community-based long-term care
services certificate;

(c)
Refuse to award a community-based long-term care services contract or
grant to a self-employed provider;

(d)
Terminate a self-employed provider's community-based long-term care
services contract or grant awarded on or after September 15, 2014.

(2)
The following are the circumstances that require the department of
aging or its designee to take action under division (C)(1) of this
section:

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

(i)
That the self-employed provider is included in one or more of the
databases listed in divisions (E)(1) to (5) of this section;

(ii)
That there is in the state nurse aide registry established under
section 3721.32 of the Revised Code a statement detailing findings by
the director of health that the self-employed provider abused,
neglected, or exploited a long-term care facility or residential care
facility resident or misappropriated property of such a resident;

(iii)
That the self-employed provider is included in one or more of the
databases, if any, specified in rules adopted under this section and
the rules require the department or its designee to take action under
division (C)(1) of this section if a self-employed provider is
included in such a database.

(b)
After the self-employed provider is provided, pursuant to division
(F)(2)(a) of this section, a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and the
standard impression sheet prescribed pursuant to division (C)(2) of
that section, the self-employed provider fails to complete the form
or provide the self-employed provider's fingerprint impressions on
the standard impression sheet.

(c)
Unless the self-employed provider meets standards specified in rules
adopted under this section, the self-employed provider is found by a
criminal records check required by this section to have been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense.

(D)
The department of aging or its designee shall inform each
self-employed provider of both of the following at the time of the
self-employed provider's initial application for a community-based
long-term care services certificate or initial bid for a
community-based long-term care services contract or grant:

(1)
That a review of the databases listed in division (E) of this section
will be conducted to determine whether the department or its designee
is required by division (C) of this section to refuse to issue or
award a community-based long-term care services certificate or
community-based long-term care services contract or grant to the
self-employed provider;

(2)
That, unless the database review reveals that the department or its
designee is required to refuse to issue or award a community-based
long-term care services certificate or community-based long-term care
services contract or grant to the self-employed provider, a criminal
records check of the self-employed provider will be conducted and the
self-employed provider is required to provide a set of the
self-employed provider's fingerprint impressions as part of the
criminal records check.

(E)
As a condition of issuing or awarding a community-based long-term
care services certificate or community-based long-term care services
contract or grant to a self-employed provider, the department of
aging or its designee shall conduct a database review of the
self-employed provider in accordance with rules adopted under this
section. If rules adopted under this section so require, the
department or its designee shall conduct a database review of a
self-employed provider in accordance with the rules as a condition of
not revoking or terminating the self-employed provider's
community-based long-term care services certificate or
community-based long-term care services contract or grant. A database
review shall determine whether the self-employed provider is included
in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

(4)
The internet-based sex offender and child-victim offender database
established under division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code;

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

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

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

(F)(1)
As a condition of issuing or awarding a community-based long-term
care services certificate or community-based long-term care services
contract or grant to a self-employed provider, the department of
aging or its designee shall request that the superintendent of the
bureau of criminal identification and investigation conduct a
criminal records check of the self-employed provider. If rules
adopted under this section so require, the department or its designee
shall request that the superintendent conduct a criminal records
check of a self-employed provider at times specified in the rules as
a condition of not revoking or terminating the self-employed
provider's community-based long-term care services certificate or
community-based long-term care services contract or grant. However,
the department or its designee is not required to request the
criminal records check of the self-employed provider if the
department or its designee, because of circumstances specified in
division (C)(2)(a) of this section, is required to refuse to issue or
award a community-based long-term care services certificate or
community-based long-term care services contract or grant to the
self-employed provider or to revoke or terminate the self-employed
provider's certificate or contract or grant.

If
a self-employed provider for whom a criminal records check request is
required by this section does not present proof of having been a
resident of this state for the five-year period immediately prior to
the date the criminal records check is requested or provide evidence
that within that five-year period the superintendent has requested
information about the self-employed provider from the federal bureau
of investigation in a criminal records check, the department or its
designee shall request that the superintendent obtain information
from the federal bureau of investigation as part of the criminal
records check. Even if a self-employed provider for whom a criminal
records check request is required by this section presents proof of
having been a resident of this state for the five-year period, the
department or its designee may request that the superintendent
include information from the federal bureau of investigation in the
criminal records check.

(2)
The department or its designee shall do all of the following:

(a)
Provide to each self-employed provider for whom a criminal records
check request is required by this section a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code and a standard impression sheet prescribed pursuant to
division (C)(2) of that section;

(b)
Obtain the completed form and standard impression sheet from the
self-employed provider;

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

(3)
The department or its designee shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check of a self-employed provider the department or
its designee requests under this section. The department or its
designee may charge the self-employed provider a fee that does not
exceed the amount the department or its designee pays to the bureau.

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

(1)
The self-employed provider or the self-employed provider's
representative;

(2)
The department of aging, the department's designee, or a
representative of the department or its designee;

(3)
The medicaid director and the staff of the department of medicaid who
are involved in the administration of the medicaid program if the
self-employed provider is to provide, or provides, community-based
long-term care services under a component of the medicaid program
that the department of aging administers;

(4)
A court or hearing officer involved in a case dealing with any of the
following:

(a)
A refusal to issue or award a community-based long-term services
certificate or community-based long-term care services contract or
grant to the self-employed provider;

(b)
A revocation or termination of the self-employed provider's
community-based long-term care services certificate or
community-based long-term care services contract or grant;

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

(5)
Pursuant to a lawful subpoena or valid court order, any necessary
individual not identified in division (G)(4) of this section who is
involved in a case dealing with any issue, matter, or action
described in division (G)(4)(a), (b), or (c) of this section.

(H)
In a tort or other civil action for damages that is brought as the
result of an injury, death, or loss to person or property caused by a
self-employed provider, both of the following shall apply:

(1)
If the department of aging or its designee, in good faith and
reasonable reliance on the report of a criminal records check
requested under this section, issued or awarded a community-based
long-term care services certificate or community-based long-term care
services contract or grant to the self-employed provider or did not
revoke or terminate the self-employed provider's certificate or
contract or grant, the department and its designee shall not be found
negligent solely because of its reliance on the report, even if the
information in the report is determined later to have been incomplete
or inaccurate.

(2)
If the department or its designee in good faith issued or awarded a
community-based long-term care services certificate or
community-based long-term care services contract or grant to the
self-employed provider or did not revoke or terminate the
self-employed provider's certificate or contract or grant because the
self-employed provider meets standards specified in rules adopted
under this section, the department and its designee shall not be
found negligent solely because the self-employed provider has been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense.

(I)
(1)

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

(1)
The rules may
do
the following:

(a)
Require self-employed providers who have been issued or awarded
community-based long-term care services certificates or
community-based long-term care services contracts or grants to
undergo database reviews and criminal records checks under this
section;

(b)
If the rules require self-employed providers who have been issued or
awarded community-based long-term care services certificates or
community-based long-term care services contracts or grants to
undergo database reviews and criminal records checks under this
section, exempt one or more classes of such self-employed providers
from the requirements;

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

(2)
The
director
shall adopt
rules

shall

in
accordance with Chapter 119. of the Revised Code to
specify
all of the following:

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

(b)
If the rules require self-employed providers who have been issued or
awarded community-based long-term care services certificates or
community-based long-term care services contracts or grants to
undergo database reviews and criminal records checks under this
section, the times at which the database reviews and criminal records
checks are to be conducted;

(c)
If the rules specify other databases to be checked as part of the
database reviews, the circumstances under which the department of
aging or its designee is required to refuse to issue or award a
community-based long-term care services certificate or
community-based long-term care services contract or grant to a
self-employed provider or to revoke or terminate a self-employed
provider's certificate or contract or grant when the self-employed
provider is found by a database review to be included in one or more
of those databases;

(d)
Standards that a self-employed provider must meet for the department
or its designee to be permitted to issue or award a community-based
long-term care services certificate or community-based long-term care
services contract or grant to the self-employed provider or not to
revoke or terminate the self-employed provider's certificate or
contract or grant if the self-employed provider is found by a
criminal records check required by this section to have been
convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense.

Sec.
173.42.
(A)
As used in sections 173.42 to
173.434

173.433

of
the Revised Code:

(1)
"Area agency on aging" means a public or private nonprofit
entity designated under section 173.011 of the Revised Code to
administer programs on behalf of the department of aging.

(2)
"Department of aging-administered medicaid waiver component"
means each of the following:

(a)
The medicaid-funded component of the PASSPORT program created under
section 173.52 of the Revised Code;

(b)
The medicaid-funded component of the assisted living program created
under section 173.54 of the Revised Code;

(c)
Any other medicaid waiver component, as defined in section 5166.01 of
the Revised Code, that the department of aging administers pursuant
to an interagency agreement with the department of medicaid under
section 5162.35 of the Revised Code.

(3)
"Home and community-based services covered by medicaid
components the department of aging administers" means all of the
following:

(a)
Medicaid waiver services available to a participant in a department
of aging-administered medicaid waiver component;

(b)
The following medicaid state plan services available to a participant
in a department of aging-administered medicaid waiver component as
specified in rules adopted under section 5164.02 of the Revised Code:

(i)
Home health services;

(ii)
Private duty nursing services;

(iii)
Durable medical equipment;

(iv)
Services of a clinical nurse specialist;

(v)
Services of a certified nurse practitioner.

(c)
Services available to a participant of the PACE program.

(4)
"Long-term care consultation" or "consultation"
means the consultation service made available by the department of
aging or a program administrator through the long-term care
consultation program established pursuant to this section.

(5)
"Nursing facility" has the same meaning as in section
5165.01 of the Revised Code.

(6)
"PACE program" means the component of the medicaid program
the department of aging administers pursuant to section 173.50 of the
Revised Code.

(7)
"PASSPORT administrative agency" means an entity under
contract with the department of aging to provide administrative
services regarding the PASSPORT program.

(8)
"Program administrator" means an area agency on aging or
other entity under contract with the department of aging to
administer the long-term care consultation program in a geographic
region specified in the contract.

(9)
"Representative" means a person acting on behalf of an
individual who is the subject of a long-term care consultation. A
representative may be a family member, attorney, hospital social
worker, or any other person chosen to act on behalf of the
individual.

(B)
The department of aging shall develop a long-term care consultation
program whereby individuals or their representatives are provided
with long-term care consultations and receive through these
professional consultations information about options available to
meet long-term care needs and information about factors to consider
in making long-term care decisions. The long-term care consultations
may be provided at any appropriate time, including either prior to or
after the individual who is the subject of a consultation has been
admitted to a nursing facility or granted assistance in receiving
home and community-based services covered by medicaid components the
department of aging administers.

(C)
The long-term care consultation program shall be administered by the
department of aging, except that the department may have the program
administered on a regional basis by one or more program
administrators. The department and each program administrator shall
administer the program in such a manner that all of the following are
included:

(1)
Coordination and collaboration with respect to all available funding
sources for long-term care services;

(2)
Assessments of individuals regarding their long-term care service
needs;

(3)
Assessments of individuals regarding their on-going eligibility for
long-term care services;

(4)
Procedures for assisting individuals in obtaining access to, and
coordination of, health and supportive services, including department
of aging-administered medicaid waiver components;

(5)
Priorities for using available resources efficiently and effectively.

(D)
The program's long-term care consultations shall be provided by
individuals certified by the department under section 173.422 of the
Revised Code.

(E)
The information provided through a long-term care consultation shall
be appropriate to the individual's needs and situation and shall
address all of the following:

(1)
The availability of any long-term care options open to the
individual;

(2)
Sources and methods of both public and private payment for long-term
care services;

(3)
Factors to consider when choosing among the available programs,
services, and benefits;

(4)
Opportunities and methods for maximizing independence and
self-reliance, including support services provided by the
individual's family, friends, and community;

(5)
If the individual is a veteran, as defined in section 5901.01 of the
Revised Code, or the spouse, surviving spouse, or representative of
the veteran, both of the following:

(a)
The availability of health care or financial benefits through the
United States department of veterans affairs;

(b)
Information about congressionally chartered veterans service
organizations or the county veterans service office that can assist
with investigating and applying for benefits through the United
States department of veterans affairs.

(F)
An individual's long-term care consultation may include an assessment
of the individual's functional capabilities. The consultation may
incorporate portions of the determinations required under sections
5119.40, 5123.021, and 5165.03 of the Revised Code and may be
provided concurrently with the assessment required under section
173.546 or 5165.04 of the Revised Code.

(G)
Except as provided in division (I) of this section, a long-term care
consultation shall be provided to each individual for whom the
department or a program administrator determines such a consultation
is appropriate.

(H)
A long-term care consultation shall be completed within the
applicable time frames specified in rules adopted under this section.

(I)
An individual is not required to be provided a long-term care
consultation if any of the following is the case:

(1)
The department or a program administrator has attempted to provide
the consultation, but the individual or the individual's
representative refuses to cooperate;

(2)
The individual is to receive care in a nursing facility under a
contract for continuing care, as defined in section 173.13 of the
Revised Code;

(3)
The individual has a contractual right to admission to a nursing
facility operated as part of a system of continuing care in
conjunction with one or more facilities that provide a less intensive
level of services, including a residential care facility licensed
under Chapter 3721. of the Revised Code, a residential facility
licensed under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to
sixteen unrelated adults, or an independent living arrangement;

(4)
The individual is to receive continual care in a home for the aged
exempt from taxation under section 5701.13 of the Revised Code;

(5)
The individual is seeking admission to a facility that is not a
nursing facility with a provider agreement under section 5165.07,
5165.511, or 5165.512 of the Revised Code;

(6)
Pursuant to rules that may be adopted under this section, the
department or a program administrator has exempted the individual
from receiving the long-term care consultation.

(J)
As part of the long-term care consultation program, the department or
a program administrator may assist an individual or individual's
representative in accessing all sources of care and services that are
appropriate for the individual and for which the individual is
eligible, including all available home and community-based services
covered by medicaid components the department of aging administers.
The assistance may include providing for the conduct of assessments
or other evaluations and the development of individualized plans of
care or services under section 173.424 of the Revised Code.

(K)
No nursing facility for which an operator has a provider agreement
under section 5165.07, 5165.511, or 5165.512 of the Revised Code
shall admit as a resident any individual described in division (G) of
this section, unless the nursing facility has received evidence that
a long-term care consultation has been completed for the individual
or division (I) of this section is applicable to the individual.

(L)
The director of aging shall adopt rules for the implementation and
administration of this section. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code. The rules may
specify any or all of the following:

(1)
Procedures for providing long-term care consultations;

(2)
Information to be provided through long-term care consultations
regarding long-term care services that are available;

(3)
Criteria and procedures to be used to identify and recommend
appropriate service options for an individual receiving a long-term
care consultation;

(4)
Criteria for exempting individuals from receiving a long-term care
consultation;

(5)
Circumstances under which it may be appropriate to provide an
individual's long-term care consultation after the individual's
admission to a nursing facility rather than before admission;

(6)
Criteria for identifying individuals for whom a long-term care
consultation is appropriate, including nursing facility residents who
would benefit from the consultation;

(7)
A description of the types of information from a nursing facility
that is needed under the long-term care consultation program to
assist a resident with relocation from the facility;

(8)
Standards to prevent conflicts of interest relative to the referrals
made by a person who performs a long-term care consultation,
including standards that prohibit the person from being employed by a
provider of long-term care services;

(9)
Procedures for providing notice and an opportunity for a hearing
under division (N) of this section;

(10)
Time frames for providing or completing a long-term care
consultation;

(11)
Any other standards or procedures the director considers necessary
for the program.

(M)
To assist the department and each program administrator with
identifying individuals for whom a long-term care consultation is
appropriate, the department and program administrator may ask to be
given access to nursing facility resident assessment data collected
through the use of the resident assessment instrument specified in
rules authorized by section 5165.191 of the Revised Code for purposes
of the medicaid program. Except when prohibited by state or federal
law, the department of health, department of medicaid, or nursing
facility holding the data shall grant access to the data on receipt
of the request from the department of aging or program administrator.

(N)(1)
The director of aging, after providing notice and an opportunity for
a hearing, may fine a nursing facility an amount determined by rules
the director shall adopt in accordance with Chapter 119. of the
Revised Code for any of the following reasons:

(a)
The nursing facility violates division (K) of this section;

(b)
The nursing facility denies a person attempting to provide a
long-term care consultation access to the facility or a resident of
the facility;

(c)
The nursing facility denies the department of aging or a program
administrator access to the facility or a resident of the facility,
as the department or administrator considers necessary to administer
the program.

(2)
In accordance with section 5162.66 of the Revised Code, all fines
collected under division (N)(1) of this section shall be deposited
into the state treasury to the credit of the residents protection
fund.

Sec.
173.43.
(A)
The department of aging shall enter into an interagency agreement
with the department of medicaid under section 5162.35 of the Revised
Code under which the department of aging is required to establish for
each biennium a unified long-term care budget for home and
community-based services covered by medicaid components the
department of aging administers. The interagency agreement shall
require the department of aging to do all of the following:

(1)
Administer the unified long-term care budget in accordance with
sections 173.43 to
173.434

173.433

of
the Revised Code and the general assembly's appropriations for home
and community-based services covered by medicaid components the
department of aging administers for the applicable biennium;

(2)
Contract with each PASSPORT administrative agency for assistance in
the administration of the unified long-term care budget;

(3)
Provide individuals who are eligible for home and community-based
services covered by medicaid components the department of aging
administers a choice of services that meet the individuals' needs and
improve their quality of life;

(4)
Provide a continuum of services that meet the life-long needs of
individuals who are eligible for home and community-based services
covered by medicaid components the department of aging administers.

(B)
The director of budget and management shall create new appropriation
items as necessary for establishment of the unified long-term care
budget.

Sec.
173.45.
As
used in this section and in sections 173.46 to
173.49

173.48

of
the Revised Code:

(A)
"Residential facility" means a residential facility
licensed under section 5119.34 of the Revised Code that provides
accommodations, supervision, and personal care services for three to
sixteen unrelated adults.

(B)
"Community-based long-term care services" has the same
meaning as in section 173.14 of the Revised Code.

(C)
"Long-term care facility" means a nursing home or
residential care facility.

(D)
"Nursing home" and "residential care facility"
have the same meanings as in section 3721.01 of the Revised Code.

(E)
"Nursing facility" has the same meaning as in section
5165.01 of the Revised Code.

Sec.
173.46.
(A)
The department of aging shall develop and publish a guide to
long-term care facilities for use by individuals considering
long-term care facility admission and their families, friends, and
advisors. The guide, which shall be titled the Ohio long-term care
consumer guide, may be published in printed form or in electronic
form for distribution over the internet. The guide may be developed
as a continuation or modification of the guide published by the
department prior to September 29, 2005
,
under rules adopted under section 173.02 of the Revised Code
.

(B)
The Ohio long-term care consumer guide shall include information on
each long-term care facility in this state. For each facility, the
guide shall include the following information, as applicable to the
facility:

(1)
Information regarding the facility's compliance with state statutes
and rules and federal statutes and regulations;

(2)
Information generated by the centers for medicare and medicaid
services of the United States department of health and human services
from the quality measures developed as part of its nursing home
quality initiative;

(3)
Results of the customer satisfaction surveys conducted under section
173.47 of the Revised Code
;

(4)
Any other information the department specifies in rules adopted under
section 173.49 of the Revised Code
.

(C)
The Ohio long-term care consumer guide may include information on
residential facilities and providers of community-based long-term
care services.

The department may adopt rules under section 173.49 of the Revised
Code to specify the information to be included in the guide pursuant
to this division.

Sec.
173.502.
(A)
As used in this section:

(1)
"CMS" means the United States Centers for Medicare and
Medicaid Services.

(2)
"Entity" has the same meaning as in 42 C.F.R. 460.10.

(3)
"PACE center," "PACE organization,"
"participant," and "state administering agency"
have the same meanings as in 42 C.F.R. 460.6.

(B)(1)
Not later than one hundred twenty days after the effective date of
this section, the Department of Aging shall issue a request for
proposals from any entity interested in becoming a PACE organization,
including for service areas in the counties, or contiguous zip codes
within the counties, or extending from the counties, of Franklin,
Hamilton, Montgomery, Lorain, Lucas, and Summit. Proposals shall be
submitted to the Department not later than ninety days after the date
the Department issues the request for proposals.

(2)
Division (B)(1) of this section does not prevent the Department from
expanding the PACE program outside of the process required by that
division, including by issuing other requests for proposals.

(C)
To be eligible for approval by the Department to become a PACE
organization, an entity that submits a proposal pursuant to division
(B)(1) of this section shall meet all of the following requirements:

(1)
The entity provides a feasibility study of its proposed service area
to the Department.

(2)
The entity has a current, valid provider agreement, as defined in
section 5164.01 of the Revised Code, or will be eligible to enter
into a provider agreement by the time that the entity will begin
providing services under the PACE program.

(3)
The entity meets all federal requirements applicable to PACE
organizations.

(4)
The entity demonstrates to the satisfaction of the Department that
the organization has experience providing health care services to
frail older adults and that each member of the entity's staff,
including employees and contractors, complies with 42 C.F.R. 460.64.

(5)
The entity has a facility suitable to be a PACE center, or plans to
acquire, build, or expand a facility suitable to be a PACE center
prior to beginning services, in its proposed service area, as
described in the request for proposals process.

(6)
The entity meets any additional requirements in rules adopted by the
Department pursuant to division (G) of this section.

(D)
The Department shall review all proposals submitted in accordance
with division (B)(1) of this section. For at least each of the six
service areas identified in division (C) of this section, the
Department shall determine from the proposals which entities it
considers qualified to become PACE organizations for each service
area. The determination shall be made not later than nine months
after the date the Department issues the request for proposals.

(E)
An entity considered by the Department as qualified to become a PACE
organization may apply to CMS to become a PACE organization. The
Department shall provide support to any such organization that
applies to CMS, by complying with federal requirements.

(F)
Each entity approved to become a PACE organization by CMS shall begin
providing services to participants not later than two years after the
entity receives notice of its approval from CMS, consistent with
federal financial participation.

(G)
The Director of Aging may adopt rules to implement this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
173.52.
(A)
The department of medicaid shall create the medicaid-funded component
of the PASSPORT program. In creating the medicaid-funded component,
the department of medicaid shall collaborate with the department of
aging.

(B)
All of the following apply to the medicaid-funded component of the
PASSPORT program:

(1)
The department of aging shall administer the medicaid-funded
component through a contract entered into with the department of
medicaid under section 5162.35 of the Revised Code.

(2)
The medicaid-funded component shall be operated as a separate
medicaid waiver component.

(3)
For an individual to be eligible for the medicaid-funded component,
the individual must be a medicaid recipient and meet
the

additional
eligibility requirements applicable to the individual established in
rules adopted
under
division (B)(4) of this section.

(4)
To the extent authorized
by

rules
authorized by section 5162.021 of the Revised Code,

the director of aging
shall
adopt rules
in
accordance with Chapter 119. of the Revised Code

to implement the medicaid-funded component
.

Sec.
173.522.
(A)
The department of aging shall create and administer the state-funded
component of the PASSPORT program. The state-funded component shall
not be administered as part of the medicaid program.

(B)
For an individual to be eligible for the state-funded component of
the PASSPORT program, the individual must meet one of the following
requirements and meet the additional eligibility requirements
applicable to the individual established in rules adopted under
division (D) of this section:

(1)
The individual must have been enrolled in the state-funded component
on September 1, 1991, (as the state-funded component was authorized
by uncodified law in effect at that time) and have had one or more
applications for enrollment in the medicaid-funded component of the
PASSPORT program denied.

(2)
The individual must have an application for the medicaid-funded
component of the PASSPORT program pending and the department or the
department's designee must have determined that the individual meets
the nonfinancial eligibility requirements of the medicaid-funded
component and not have reason to doubt that the individual meets the
financial eligibility requirements of the medicaid-funded component.

(C)
An individual who is eligible for the state-funded component of the
PASSPORT program because the individual meets the requirement of
division (B)(2) of this section may participate in the component on
that basis for a period of time specified in rules adopted under
division (D) of this section.

(D)(1)
The director of aging shall adopt rules in accordance with section
111.15 of the Revised Code to
implement
the state-funded component of the PASSPORT program.

The
rules shall include all
address
both
of
the following:

(a)
Additional eligibility requirements for an individual to be eligible
for the state-funded component of the PASSPORT program;

(b)
The duration that an individual eligible for the state-funded
component of the PASSPORT program under division (B)(2) of this
section may participate in that component
;

(c)
Any other rules the director considers appropriate to implement the
state-funded component of the PASSPORT program
.

(2)
The additional eligibility requirements established in the rules may
vary for the different groups of individuals specified in divisions
(B)(1) and (2) of this section.

Sec.
173.524.
An
individual enrolled in the PASSPORT program may request that
home-delivered meals provided to the individual under the PASSPORT
program be kosher. If such a request is made, the department of aging
or the department's designee shall ensure that each home-delivered
meal provided to the individual under the PASSPORT program is kosher.
In complying with this requirement, the department or department's
designee shall require each entity that provides home-delivered meals
to the individual to provide the individual with meals that meet, as
much as possible,
the

requirements
established
in
rules
by
rule
adopted

by
the director of aging
under

sections
173.52 and 173.522
section
111.15
of
the Revised Code governing the home-delivered meal service while
complying with kosher practices for meal preparation and dietary
restrictions.

An
entity that provides a kosher home-delivered meal to a PASSPORT
program enrollee pursuant to this section shall be reimbursed for the
meal at a rate equal to the rate for home-delivered meals furnished
to PASSPORT program enrollees requiring a therapeutic diet.

Sec.
173.543.
The
department of aging shall create and administer the state-funded
component of the assisted living program. The state-funded component
shall not be administered as part of the medicaid program.

An
individual who is eligible for the state-funded component may
participate in the component for a period of time specified
in
rules
by
rule
adopted

under
this section.

The

by
the
director
of aging
shall
adopt rules
in
accordance with section 111.15 of the Revised Code

to implement the state-funded component. The rules shall specify the
period that an individual eligible for the state-funded component may
participate in the component
.

Sec.
173.60.
(A)
As used in this section:

(1)
"Nursing home" has the same meaning as in section 3721.01
of the Revised Code.

(2)
"Person-centered care" means a relationship-based approach
to care that honors and respects the opinions of individuals
receiving care and those working closely with them.

(B)
The department of aging shall implement a nursing home quality
initiative to improve the provision of person-centered care in
nursing homes. The office of the state long-term care ombudsman
program shall assist the department with the initiative. The
initiative shall include quality improvement projects that provide
nursing homes with resources and on-site education promoting
person-centered care strategies and positive resident outcomes, as
well as other assistance designed to improve the quality of nursing
home services. The department may offer any of the projects.

(C)(1)
The department shall make available a list of quality improvement
projects that may be used by nursing homes in meeting the
requirements of section 3721.072 of the Revised Code. In addition to
any of the projects offered by the department pursuant to division
(B) of this section, the list may include projects offered by any of
the following:

(a)
Other state agencies;

(b)
A quality improvement organization under contract with the United
States secretary of health and human services to carry out in this
state the functions described in the "Social Security Act,"
section 1154, 42 U.S.C. 1320c-3;

(c)
The Ohio person-centered care coalition;

(d)
Any other academic, research, or health care entity identified by the
department.

(2)
The department shall offer to nursing homes and other long-term care
facility settings infection prevention and control and facility
technical assistance, including services, programs, and content
expertise, as a project authorized under division (C)(1) of this
section to improve quality of care and quality of life, subject to
the availability of funds.

(D)
The director of aging may adopt rules in accordance with Chapter 119.
of the Revised Code as necessary to implement this section.

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

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

(2)
Employ and fix the compensation of the executive director who serves
at the pleasure of the agency to administer the agency's programs and
activities. The executive director may employ and fix the
compensation of employees in the unclassified civil service as
necessary to carry out this chapter and may employ other personnel
who are governed by collective bargaining law and classified under
that law. The executive director shall carry out all duties as
described in section 175.053 of the Revised Code.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(12)
Adopt an official seal;

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

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

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

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

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

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

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

(19)

Adopt
rules pursuant to Chapter 119. of the Revised Code;

(20)

Do
anything necessary or appropriate to exercise the powers of this
chapter and carry out the purposes of this chapter and Section 14,
Article VIII and Section 16, Article VIII, Ohio Constitution.

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

Sec.
175.12.
(A)
This chapter, being necessary for the welfare of the state and its
inhabitants, shall be liberally construed to effect its purposes and
the purposes of Section 14, of Article VIII and Section 16, Article
VIII, Ohio Constitution.

(B)
The following are not public records subject to section 149.43 of the
Revised Code:

(1)
Financial statements and data submitted for any purpose to the Ohio
housing finance agency or the controlling board by any person in
connection with applying for, receiving, or accounting for financial
assistance the agency provides;

(2)
Information that identifies any individual who benefits directly or
indirectly from financial assistance the agency provides.

(3)
Information provided to the tax commissioner under section 175.16 or
175.17 of the Revised Code, information provided under divisions

(I)(1)(a)
(H)(1)(a)

and (b) of section 175.16 of the Revised Code, and information
provided under divisions (H)(1) and (2) of section 175.17 of the
Revised Code.

(C)(1)
The agencies of this state shall cooperate fully with the Ohio
housing finance agency and shall provide information the Ohio housing
finance agency determines is necessary or helpful for its operation.

(2)
The Ohio housing finance agency may arrange with and enter into
contracts with other entities to perform functions this chapter
authorizes the agency to perform and compensate those entities for
performing those functions.

(3)
The agency may enter into contracts with state entities as described
in this chapter.

(D)
Any state agency that provides supplies, equipment, or services
directly related to the mission of the Ohio housing finance agency as
described in section 175.02 of the Revised Code may enter into an
agreement with the Ohio housing finance agency to furnish those
supplies, equipment, or services pursuant to terms both agencies
agree upon for remuneration to the state agency.

(E)
The Ohio housing finance agency is exempt from the requirements of
Chapters 123. and 125. and sections 127.16 and 5147.07 of the Revised
Code.

Sec.
175.15.
The
Ohio housing finance agency and the Ohio
department
of
development

services
agency
shall
include pregnancy as a priority in its housing assistance programs
and local emergency shelter programs.
In
consultation with the Ohio development services agency, the Ohio
housing finance agency may adopt rules in accordance with Chapter
119. of the Revised Code that are necessary to implement the
requirements of this section.

Sec.
175.16.
(A)
As used in this section:

(1)
"Federal credit" means the tax credit authorized under
section 42 of the Internal Revenue Code.

(2)
"Credit period," "qualified low-income building,"
and "qualified basis" have the same meanings as in section
42 of the Internal Revenue Code.

(3)
"Qualified project" means a qualified low-income building
that is located in Ohio, is placed in service on or after July 1,
2023, and for which the director reserves a tax credit under division
(B) of this section before July 1, 2027.

(4)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(5)
"Project owner" means a person holding a fee simple
interest or a leasehold interest pursuant to a ground lease in the
land on which a qualified project sits.

(6)
"Reserved credit amount" means the amount determined by the
director and stipulated in the notice sent to each owner of a
qualified project under division (B) of this section.

(7)
"Annual credit amount" means the amount computed by the
director under division (D) of this section prior to issuing an
eligibility certificate.

(8)
"Equity owner" means a direct or indirect owner of a
project owner, provided the project owner is a pass-through entity,
as determined under applicable state law governing such an entity.

(9)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(10)
"Eligibility certificate" means a certificate issued by the
director to each owner of a qualified project under division (D) of
this section stating the amount of credit that may be claimed for
each year of the credit period.

(11)
"Qualified allocation plan" means the plan developed by the
Ohio housing finance agency, as required under section 175.06 of the
Revised Code, for evaluating and selecting projects for the federal
credit pursuant to the mandates and requirements within section 42 of
the Internal Revenue Code.

(12)
"Internal Revenue Code" has the same meaning as in section
5747.01 of the Revised Code.

(13)
"Designated reporter" means the project owner or one of the
project owner's equity owners designated pursuant to division

(I)(1)
(H)(1)

of this section.

(14)
"Director" means the executive director of the Ohio housing
finance agency.

(B)
Except as otherwise provided by this division, the director, upon
allocating a federal credit and issuing a binding reservation or
letter of eligibility, pursuant to the Ohio housing finance agency's
qualified allocation plan, for a qualified low-income building that
is located in this state and placed in service on or after July 1,
2023, may reserve a tax credit under this section for the project
owners so long as doing so will not result in exceeding the annual
credit cap prescribed by division (C) of this section. The director
shall not reserve a tax credit under this section after June 30,
2027.

The
director shall send written notice of the reservation to each project
owner. The notice shall state the aggregate credit amount reserved
for all years of the qualified project's credit period and stipulate
that receipt of the credit is contingent upon issuance of an
eligibility certificate and filing the information described in
division
(I)
(H)

of this section. Upon receipt of that notice, the owner shall provide
the identity of the owner's designated reporter to the director.

The
director shall determine the credit amount reserved for each
qualified project. The reserved credit amount shall not exceed the
amount necessary, when combined with the federal credit, to ensure
the financial feasibility of the qualified project.

The
director shall reserve credits in a manner that ensures that a
qualified project is creating additional housing units that would not
have otherwise been created with other state, federal, or private
financing. The director may assess application, processing, and
reporting fees to cover the cost of administering the tax credit
authorized under this section.

(C)
The aggregate amount of credits reserved by the director under
division (B) of this section in a fiscal year shall not exceed the
sum of (1) one hundred million dollars, (2) the amount, if any, by
which the credit cap prescribed by this division for the preceding
fiscal year exceeds the credits reserved by the director in that
year, and (3) the amount of tax credits recaptured or otherwise
disallowed under division (G) of this section in the preceding fiscal
year.

For
the purpose of computing and determining compliance with the credit
cap prescribed by this division, the credit amount reserved for the
project owners of a qualified project is the full amount for all
years of the qualified project's credit period.

(D)
Immediately after approving the final cost certification for a
qualified project for which a tax credit under this section is
reserved, or upon otherwise determining the qualified basis of the
qualified project and the date it was placed into service as required
by section 42(m) of the Internal Revenue Code, the director shall
compute the annual credit amount and issue an eligibility certificate
to each project owner. The director shall send copies of all
eligibility certificates issued each calendar year to the tax
commissioner and the superintendent of insurance.

The
annual credit amount shall equal the lesser of the following:

(1)
The amount of the federal credit that would be awarded to the project
owners for the first year of the credit period if not for the
adjustment required under section 42(f)(2) of the Internal Revenue
Code;

(2)
One-tenth of the reserved credit amount stated in the notice issued
under division (B) of this section.

(E)
Each eligibility certificate shall state the annual credit amount,
the years that comprise the credit period, the name, address, and
taxpayer identification number of each project owner, each owner's
designated reporter, the date the certificate is issued, a unique
identifying number, and any additional information prescribed by a
rule adopted

by the director

under
division
(H) of this section
Chapter
119. of the Revised Code
.
A project owner, if the project owner is a pass-through entity, shall
provide a copy of the eligibility certificate and any information
described in division
(I)
(H)

of this section to each equity owner that has been allocated a credit
under division (F)(2) of this section, if requested.

(F)(1)
For each year of a qualified project's credit period, the project
owner or an equity owner may claim a nonrefundable credit against the
tax imposed by section 5725.18, 5726.02, 5729.03, 5729.06, or 5747.02
of the Revised Code equal to all or a portion of the annual credit
amount stated on the eligibility certificate. The credit shall be
claimed in the manner prescribed by section 5725.36, 5726.58,
5729.19, or 5747.83 of the Revised Code, as applicable.

(2)
If a project owner is a pass-through entity, the annual credit amount
for any year of a qualified project's credit period may be allocated
by the project owner among one or more equity owners and may be
applied by those equity owners against more than one tax, but the
total credits claimed in connection with that year of the qualified
project's credit period by all project owners and equity owners
against all taxes shall not exceed the annual credit amount stated on
the eligibility certificate.

(3)
A project owner or equity owner may claim the credit authorized by
this section after the date the qualified project is placed into
service but not before the director issues the project owner an
eligibility certificate under division (D) of this section and the
applicable report required by division
(I)
(H)

of this section is filed by the designated reporter.

(4)
A project owner or equity owner that claims a tax credit under
division (F)(1) of this section shall submit a copy of the
eligibility certificate with the project owner's or equity owner's
tax return or report. Upon request of the tax commissioner or the
superintendent of insurance, any project owner or equity owner
claiming a tax credit under this section shall provide the
commissioner or superintendent other documentation that may be
necessary to verify that the project owner or equity owner is
entitled to claim the credit.

(5)
A project owner that is a pass-through entity may allocate the credit
authorized by this section to its equity owners under division (F)(2)
of this section in any manner agreed to by such persons regardless of
whether such equity owners are eligible for an allocation of the
federal credit, whether the allocation of the credit under the terms
of the agreement has substantial economic effect within the meaning
of section 704(b) of the Internal Revenue Code, and whether any such
person is deemed a partner of the project owner or equity owner for
federal income tax purposes as long as the equity owner acquired its
ownership interest prior to claiming the credit. The allocation shall
be allowed without regard to any provision of the Internal Revenue
Code, or regulation promulgated pursuant to it, that may be
interpreted as contrary to the allocation, including, without
limitation, the treatment of the allocation as a disguised sale.

An
equity owner may assign all or any part of its interest in a
qualified project, including its interest in the tax credits
authorized by this section, to one or more other equity owners, and
each assignee shall be able to claim the credit so long as its
interest is acquired prior to the filing of its tax return or report
or amended tax return or report claiming the credit and the
assignee's ownership interest is identified in the report required by
division
(I)
(H)

of this section.

(6)
Nothing in this section or section 5725.36, 5726.58, 5729.19, or
5747.83 of the Revised Code allows the assignment or transfer of any
carryforward of the credit authorized under this section once the
annual credit amount is claimed.

(G)
If any portion of the federal credit allocated to a qualified project
is recaptured under section 42(j) of the Internal Revenue Code or is
otherwise disallowed, the director shall recapture a proportionate
amount of the tax credit claimed pursuant to this section in
connection with the same qualified project.

If
the director determines to recapture such a tax credit, the director
shall certify the name of each project owner and the amount to be
recaptured to the tax commissioner and to the superintendent of
insurance. The commissioner or superintendent shall determine the
taxpayer or taxpayers that claimed the credit, the tax against which
the credit was claimed, and the amount to be recaptured and make an
assessment against the taxpayer or taxpayers under Chapter 5725.,
5726., 5729., or 5747. of the Revised Code, as applicable, for the
amount of the tax credit to be recaptured. The time limitations on
assessments under those chapters do not bar an assessment made under
this division.

(H)
The director, in consultation with the tax commissioner and
superintendent of insurance, shall adopt any rules necessary to
implement this section in accordance with Chapter 119. of the Revised
Code.

(I)(1)
(H)(1)

For each calendar year, a designated reporter shall provide the tax
commissioner, in the form prescribed by the tax commissioner in
consultation with the superintendent of insurance, all of the
following:

(a)
The name, address, and taxpayer identification number of each project
owner and equity owner that has been allocated a portion of the
annual credit awarded on the eligibility certificate for that year;

(b)
The amount of the annual credit allocated to each such project owner
and equity owner for such year and the tax against which the credit
will be claimed;

(c)
The total of the amounts listed for each project owner and equity
owner under division
(I)(1)(b)
(H)(1)(b)

of this section, demonstrating that the total does not exceed the
amount listed on the eligibility certificate for that year.

(2)
A designated reporter shall notify the tax commissioner of any
changes to the information reported in division
(I)(1)
(H)(1)

of this section in the time and manner prescribed by the
commissioner.

(3)
No credit allocated under this section may be claimed by a project
owner or equity owner for a year unless that owner and the amount of
the credit allocated to that owner appear on the report required by
division
(I)(1)
(H)(1)

of this section for that year.

The
tax commissioner shall provide a copy of the report, and any
subsequent changes to the report, submitted by the designated
reporter under division
(I)
(H)

of this section to the superintendent of insurance in the time and
manner agreed to by the commissioner and superintendent.

Sec.
175.17.
(A)
As used in this section:

(1)
"Qualified project" means a project to develop
single-family dwellings in this state that satisfies any
qualifications established by the director under division (I) of this
section.

(2)
"Pass-through entity" has the same meaning as in section
5733.04 of the Revised Code.

(3)
"Reserved credit amount" means the amount determined by the
director and stipulated in the notice sent under division (B) of this
section.

(4)
"Annual credit amount" means the amount computed by the
director under division (D) of this section before issuing an
eligibility certificate.

(5)
"Equity owner" means any person who directly or indirectly,
through one or more pass-through entities, is a member, partner, or
shareholder of a pass-through entity.

(6)
"Person" has the same meaning as in section 5701.01 of the
Revised Code.

(7)
"Eligibility certificate" means a certificate issued by the
director to a project development owner under division (D) of this
section.

(8)
"Project development owner" means a unit of government that
owns a qualified project.

(9)
"Affordability period" means the period that commences on
the date of sale of a single-family dwelling constructed as part of a
qualified project to the initial qualified buyer and continues
through subsequent qualified buyers for ten years.

(10)
"Designated reporter" means the project development owner
or one of the owner's direct or indirect partners, members, or
shareholders, as selected by the owner under division (B) of this
section.

(11)
"Project development investor" means any person that
contributes capital to a qualified project in exchange for an
allocation of a tax credit under this section.

(12)
"Credit period" means the ten-year period that begins in
the year the eligibility certificate is issued.

(13)
"Director" means the executive director of the Ohio housing
finance agency.

(14)
"Unit of government" means a county, township, municipal
corporation, regional planning commission, community improvement
corporation, economic development corporation, or county land
reutilization corporation organized under Chapter 1724. of the
Revised Code, or port authority.

(15)
"Project development team" means the group of entities that
develops, constructs, reports, appraises, finances, and services the
associated properties of a qualified project in partnership with the
project development owner.

(B)(1)
A project development owner may submit an application to the director
for a credit reservation under this section on a form and in a manner
that the director shall prescribe. On the application, the project
development owner shall provide all of the following:

(a)
The name and address of the project development owner's designated
reporter;

(b)
The names and addresses of all members of the project development
team;

(c)
An estimate of the qualified project's development costs;

(d)
Any other information as the director may require pursuant to
division (I) of this section.

The
director shall competitively evaluate and approve applications and
award tax credit reservations under this section for a qualified
project in accordance with the plan adopted under division (I)(1) of
this section. The director shall determine the credit amount reserved
for each qualified project, which shall not exceed the difference
between the total estimated development costs included with the
application and the appraised market value of all homes in the
finished project, as estimated by the director. The director shall
not reserve a credit under this section if doing so would exceed the
annual limit prescribed by division (B)(3) of this section.

(2)
The director shall send written notice of the tax credit reservation
to the project development owner of an approved qualified project.
The notice shall state the aggregate credit amount reserved for all
years of the qualified project's credit period and stipulate that
receipt of the credit is contingent upon issuance of an eligibility
certificate and filing the information required by division (H) of
this section.

(3)
The amount of credits reserved by the director under division (B) of
this section in a fiscal year shall not exceed the sum of (a) fifty
million dollars, (b) the amount, if any, by which the credit
allocation prescribed by this division for the preceding fiscal year
exceeds the credits reserved by the director in that year, and (c)
the amount of tax credits recaptured, assessed, and collected by the
tax commissioner or superintendent of insurance, and disallowed or
subject to reduction under this section in the preceding fiscal year.
For the purpose of computing and determining compliance with the
credit allocation prescribed by division (B)(3) of this section, the
credit amount reserved for the project development owner is the full
amount for all years of the qualified project's credit period.

(4)
The director shall not reserve a tax credit under this section after
June 30, 2027.

(C)
The project development owner shall maintain ownership of a qualified
project and associated single-family dwellings until the dwellings
are sold to qualified buyers. The project development team shall
service the associated properties of a qualified project for the
duration of the applicable affordability period.

The
qualified buyer of a single-family home constructed as part of a
qualified project for which a tax credit was reserved under this
section shall occupy the home as the buyer's primary residence during
the affordability period.

(D)
Upon completion of a qualified project for which a tax credit was
reserved under this section, the project development owner shall
notify the director and provide a final development cost
certification for approval. After receipt of this notice, the
director shall appraise the project's dwellings. Immediately after
approving the final cost certification, the director shall compute
the amount of the tax credit that may be claimed in each year and
issue an eligibility certificate to the project development owner.
That annual amount, which shall be stated on the certificate, shall
equal one-tenth of the reserved credit amount stated in the notice
issued under division (B) of this section, subject to any reduction
or increase as the result of the approval of the final cost
certification and the appraisal conducted under this division.

(E)
Each eligibility certificate shall state the annual credit amount,
the years that comprise the credit period, the name, address, and the
taxpayer identification number of the project development owner, the
project development owner's designated reporter, and all members of
the project development team along with the date the certificate is
issued, a unique identifying number, and any additional information
the director may require by rule. The director shall certify a copy
of each eligibility certificate to the tax commissioner and the
superintendent of insurance.

(F)(1)
For each year of a qualified project's credit period, a project
development owner may claim a nonrefundable credit against the tax
imposed by section 5725.18, 5726.02, 5729.03, 5729.06, or 5747.02 of
the Revised Code equal to all or a portion of the annual credit
amount listed on the eligibility certificate. The credit shall be
claimed in the manner prescribed by section 5725.37, 5726.60,
5729.20, or 5747.84 of the Revised Code.

(2)
A project development owner may or, if the owner is not subject to
any tax against which the credit authorized under this section may be
claimed, shall allocate all or a portion of the annual credit amount
for any year of a qualified project's credit period among one or more
project development investors. Such allocated credits may be applied
by those project development investors or the equity owners of such
an investor that is a pass-through entity against more than one tax,
as applicable, but the total credits claimed for that year of the
qualified project's credit period by all project development
investors and equity owners shall not exceed the annual credit amount
stated on the eligibility certificate.

(3)
A project development investor or the equity owner of such an
investor that is a pass-through entity may claim the credit
authorized by this section after the date the director issues an
eligibility certificate under division (D) of this section and the
applicable annual report required by division (H) of this section is
filed by the designated reporter.

(4)
A project development investor or equity owner that claims a tax
credit under division (F)(2) of this section shall submit a copy of
the eligibility certificate with the investor's or equity owner's tax
return. Upon request of the tax commissioner or the superintendent of
insurance, any project development investor or equity owner claiming
a tax credit under that division shall provide the tax commissioner
or superintendent other documentation that may be necessary to verify
that the project development investor or equity owner is entitled to
claim the credit.

(G)
The director may disallow or recapture any portion of a credit if the
project development owner or the project development owner's
qualified project does not or ceases to qualify for the credit. If
the director determines to recapture such a tax credit, the director
shall certify the name of the project development owner, and the
amount to be recaptured to the tax commissioner and to the
superintendent of insurance. The tax commissioner or superintendent
shall determine the taxpayer or taxpayers that claimed the credit,
the tax against which the credit was claimed, and the amount to be
recaptured and make an assessment against the taxpayer or taxpayers
under Chapter 5725., 5726., 5729., or 5747. of the Revised Code, as
applicable, for the amount to be recaptured. The time limitations on
assessments under those chapters do not bar an assessment made under
this division.

(H)
For each calendar year, a designated reporter shall provide the
following information to the tax commissioner on a form prescribed by
the commissioner in consultation with the superintendent of
insurance:

(1)
A list of each project development investor or equity owner that has
been allocated a portion of the annual credit awarded in an
eligibility certificate for that year, including the investor or
owner's name, address, taxpayer identification number, and the tax
against which the credit will be claimed by each.

(2)
For each project development investor or equity owner, the amount of
annual credit that has been allocated for that year.

(3)
An aggregate list of the credit amount allocated for a qualified
project demonstrating that the aggregate annual amount of the credits
allocated does not exceed the aggregate annual credit awarded in the
eligibility certificate.

A
designated reporter shall notify the tax commissioner of any changes
to the information reported under division (H) of this section in the
time and manner prescribed by the commissioner. The commissioner
shall provide a copy of the report, and any subsequent changes to the
report, submitted by the designated reporter under division (H) of
this section to the superintendent of insurance in the time and
manner agreed to by the commissioner and superintendent.

No
credits allocated under this section may be claimed unless the
credits are listed on the report required by division (H) of this
section.

(I)(1)
The director shall adopt a plan for competitively awarding tax
credits under this section. The plan shall establish the criteria and
metrics under which projects will be assessed for qualification and
may allocate tax credits in a pooled manner.

(2)
The director may assess application, processing, and reporting fees
to cover the cost of administering this section.

(3)
The director, in consultation with the tax commissioner and the
superintendent of insurance, shall adopt
any

rules

necessary
to implement this section
in
accordance with Chapter 119. of the Revised Code
.
Such rules may include

to address
all
of the following:

(a)
Supplementary definitions as may be necessary to administer this
section.

(b)
Underwriting criteria to assess the risk associated with any
application and determine appropriate criteria to deny an application
based upon risk.

(c)
Criteria by which a project development owner shall be responsible
for any or all risk associated with a qualified project such as
homeowner abandonment, default, foreclosure, or other such risks.

(d)
Criteria to maintain the affordability of each of a qualified
project's single-family dwellings during the affordability period,
which may include a deed restriction held by the project development
owner for some or all of the amount of the tax credit or any
appreciated value of the property.

(e)
Requirements that the project development owner provide certain
capital assets or other investments that contribute to the
affordability of the project.

(f)
Criteria to be used in determining whether an individual is a
qualified buyer.

(g)
Criteria regarding the purchase, ownership, and sale of completed
qualified project single-family dwellings.

(h)
The manner of determining the project's development costs and the
appraised market value of qualified project single-family dwellings.

(i)
Any other qualifications a project must meet to qualify as a
qualified project.

Sec.
184.02.
(A)
In addition to the powers and duties under sections 184.10 to 184.20
and 184.37 of the Revised Code, the third frontier commission may
perform any act to ensure the performance of any function necessary
or appropriate to carry out the purposes of, and exercise the powers
granted under, sections 184.01 and 184.02 of the Revised Code. In
addition, the commission may do any of the following:

(1)

Adopt,
amend, and rescind rules under section 111.15 of the Revised Code for
the administration of any aspect of its operations;

(2)

Adopt
bylaws governing its operations, including bylaws that establish
procedures and set policies as may be necessary to assist with the
furtherance of its purposes;

(3)
(2)

Appoint and set the compensation of employees needed to carry out its
duties;

(4)
(3)

Contract with, retain the services of, or designate, and fix the
compensation of, such financial consultants, accountants, other
consultants and advisors, and other independent contractors as may be
necessary or desirable to carry out its duties;

(5)
(4)

Solicit input and comments from specialized industry, professional,
and other relevant interest groups concerning its purposes;

(6)
(5)

Facilitate alignment of the state's science and technology programs
and activities;

(7)
(6)

Make grants and loans to individuals, public agencies, private
companies or organizations, or joint ventures for any of the broad
range of activities related to its purposes.

(B)
In addition to the powers and duties under sections 184.10 to 184.20
and 184.37 of the Revised Code, the commission shall do all of the
following:

(1)
Establish a competitive process for the award of grants and loans
that is designed to fund the most meritorious proposals and, when
appropriate, provide for peer review of proposals;

(2)
On or before the first day of August of each year, submit to the
governor and the general assembly a report of the activities of the
commission during the preceding fiscal year;

(3)
With specific application to the biomedical research and technology
transfer trust fund, periodically make strategic assessments of the
types of state investments in biomedical research and biotechnology
in the state that would likely create jobs and business opportunities
in the state and produce the most beneficial long-term improvements
to the public health of Ohioans, including, but not limited to,
biomedical research and biotechnology initiatives that address
tobacco-related illnesses as may be outlined in any master agreement.
The commission shall
adopt
rules under section 111.15 of the Revised Code to establish a process
to
award
grants and loans from the fund

pursuant to a process established under division (B)(1) of this
section
.

Sec.
184.116.
If
the third frontier commission utilizes independent reviewers to
review the merits of proposed research and development projects and
to make recommendations to the commission concerning which projects
should be awarded support under section 184.11 of the Revised Code
and the commission takes one of the following actions, the commission
shall provide a written explanation of the reasons for its action and
present the explanation at one of the commission's regularly
scheduled public meetings:

(A)
Awards support for a project that the reviewers do not recommend;

(B)
Refuses to award support for a project the reviewers do recommend;

(C)
Makes a support award that varies substantially from the reviewers'
recommendation.

The
commission, pursuant to Chapter 119. of the Revised Code, shall adopt
rules necessary and proper to govern explanations required under this
section.

Sec.
307.05.
As
used in this section, "emergency medical service organization"
has the same meaning as in section 4765.01 of the Revised Code.

A
board of county commissioners may operate an ambulance service
organization or emergency medical service organization, or, in
counties with a population of sixty thousand or less, may operate a
nonemergency patient transport service organization, or may enter
into a contract with one or more counties, townships, municipal
corporations, nonprofit corporations, joint emergency medical
services districts, fire and ambulance districts, or private
ambulance owners, regardless of whether such counties, townships,
municipal corporations, nonprofit corporations, joint emergency
medical services districts, fire and ambulance districts, or private
ambulance owners are located within or without the state, in order to
furnish or obtain the services of ambulance service organizations, to
furnish or obtain additional services from ambulance service
organizations in times of emergency, to furnish or obtain the
services of emergency medical service organizations, or, in counties
with a population of sixty thousand or less, to furnish or obtain
services of nonemergency patient transport service organizations, or
may enter into a contract with any such entity to furnish or obtain
the interchange of services from ambulance or emergency medical
service organizations, or, within counties with a population of sixty
thousand or less, to furnish or obtain the interchange of services
from nonemergency patient transport service organizations, within the
territories of the contracting subdivisions. Except in the case of a
contract with a joint emergency medical services district to obtain
the services of emergency medical service organizations, such
contracts shall not be entered into with a public agency or nonprofit
corporation that receives more than half of its operating funds from
governmental entities with the intention of directly competing with
the operation of other ambulance service organizations, nonemergency
patient transport service organizations, or emergency medical service
organizations in the county unless the public agency or nonprofit
corporation is awarded the contract after submitting the lowest and
best bid to the board of county commissioners. Any county wishing to
commence operation of a nonemergency patient transport service
organization or wishing to enter into a contract for the first time
to furnish or obtain services from a nonemergency patient transport
service organization on or after March 1, 1993, including a county in
which a private provider has been providing the service, shall
demonstrate the need for public funding for the service to, and
obtain approval from, the state board of emergency medical, fire, and
transportation services or its immediate successor board prior to
operating or funding the organization.

When
such an organization is operated by the board, the organization may
be administered by the board, by the county sheriff, or by another
county officer or employee designated by the board.
All

The
board shall adopt
rules
,
including the determining of
to
determine
reasonable
rates
,
necessary for the establishment, operation, and maintenance of such
an organization shall be adopted by the board
.

A
contract for services of an ambulance service, nonemergency patient
transport service, or emergency medical service organization shall
include the terms, conditions, and stipulations as agreed to by the
parties to the contract. It may provide for a fixed annual charge to
be paid at the times agreed upon and stipulated in the contract, or
for compensation based upon a stipulated price for each run, call, or
emergency or the number of persons or pieces of apparatus employed,
or the elapsed time of service required in such run, call, or
emergency, or any combination thereof.

Sec.
321.46.
(A)
To enhance the background and working knowledge of county treasurers
in governmental accounting, portfolio reporting and compliance,
investments, cybersecurity, and cash management, the auditor of state
and the treasurer of state shall conduct education programs for
persons elected for the first time to the office of county treasurer
and shall hold biennial continuing education courses for persons who
continue to hold the office of county treasurer.

Initial
education programs for newly elected county treasurers shall be held
between the first day of December and the first Monday of September
next following that person's election to the office of county
treasurer. Similar initial education programs may also be provided to
any county treasurer who is appointed to fill a vacancy or who is
elected at a special election.

(B)(1)
The auditor of state shall determine the manner and content of the
initial education programs in the subject areas of governmental
accounting and portfolio reporting and compliance. In those areas,
newly elected county treasurers shall take at least thirteen hours of
education before taking office.

(2)
The treasurer of state shall determine the manner and content of the
initial education programs in the subject areas of investments and
cash management. In those areas, newly elected county treasurers
shall take at least thirteen hours of education before taking office.

(3)(a)
After completing one year in office, a county treasurer shall take
not less than twenty-four hours of continuing education during each
biennial cycle. For purposes of division (B)(3)(a) of this section, a
biennial cycle for continuing education shall be every two calendar
years after the treasurer's first year in office. The treasurer of
state shall determine the manner and content of the continuing
education courses in the subject areas of investments, cash
management, the collection of taxes, ethics, and any other subject
area that the treasurer of state determines is reasonably related to
the duties of the office of the county treasurer. The auditor of
state shall determine the manner and content of the continuing
education courses in the subject areas of governmental accounting,
portfolio reporting and compliance, office management, cybersecurity,
and any other subject area that the auditor of state determines is
reasonably related to the duties of the office of the county
treasurer.

(b)
A county treasurer who accumulates more than twenty-four hours of
continuing education in a biennial cycle described in division
(B)(3)(a) of this section may credit the hours in excess of
twenty-four hours to the next biennial cycle. However, regardless of
the total number of hours earned, no more than six hours in
continuing education determined by the treasurer of state pursuant to
division (B)(3)(a) of this section and six hours in continuing
education determined by the auditor of state pursuant to that
division shall be carried over to the next biennial cycle.

(c)
A county treasurer who participates in a training program or seminar
established under section 109.43 of the Revised Code may apply the
three hours of training to the twenty-four hours of continuing
education required in a biennial cycle under division (B)(3)(a) of
this section.

(C)
The auditor of state and the treasurer of state may each charge
counties a registration fee that will meet actual and necessary
expenses of the training of county treasurers, including instructor
fees, site acquisition costs, and the cost of course materials. The
necessary personal expenses of county treasurers as a result of
attending the initial education programs and continuing education
courses shall be borne by the counties the treasurers represent.

(D)
The auditor of state and the treasurer of state may allow any other
interested person to attend any of the initial education programs or
continuing education courses held pursuant to this section, provided
that before attending any such program or course, the interested
person shall pay to either the auditor of state or the treasurer of
state, as appropriate, the full registration fee set for the program
or course.

(E)(1)
If a county treasurer fails to complete the initial education
programs required by this section before taking office, the
treasurer's authority to invest county funds and to manage the county
portfolio immediately is suspended, and this authority is transferred
to the county's investment advisory committee until full compliance
with the initial education programs is determined by the treasurer of
state.

(2)
If a county treasurer fails to complete continuing education as
required by this section, the county treasurer is subject to
divisions (B) to (E) of section 321.47 of the Revised Code, including
possible suspension of the treasurer's authority to invest county
funds and to manage the county portfolio and transfer of this
authority to the county's investment advisory committee.

(F)(1)
Notwithstanding divisions (B) and (E) of this section, a county
treasurer who fails to complete the initial education programs or
continuing education required by this section shall invest only in
the Ohio subdivisions fund pursuant to division (A)(6) of section
135.35 of the Revised Code, in no load money market mutual funds
pursuant to division (A)(5) of section 135.35 of the Revised Code, or
in time certificates of deposit or savings or deposit accounts
pursuant to division (A)(3) of section 135.35 of the Revised Code.

(2)
A county treasurer who has failed to complete the initial education
programs required by this section and invests in other than the
investments permitted by division (F)(1) of this section immediately
shall have the county treasurer's authority to invest county funds
and to manage the county portfolio suspended, and this authority
shall be transferred to the county's investment advisory committee
until full compliance with the initial education programs is
determined by the treasurer of state.

(3)
If a county treasurer fails to complete continuing education required
by this section and invests in other than the investments permitted
by division (F)(1) of this section, the county treasurer is subject
to divisions (B) to (E) of section 321.47 of the Revised Code,
including possible suspension of the treasurer's authority to invest
county funds and to manage the county portfolio and transfer of this
authority to the county's investment advisory committee.

(G)(1)
There is hereby created in the state treasury the county treasurer
education fund, to be used by the treasurer of state for actual and
necessary expenses of initial education programs and continuing
education held pursuant to this section and section 135.22 of the
Revised Code. All registration fees collected by the treasurer of
state under this section and section 135.22 of the Revised Code shall
be paid into that fund.

(2)
All registration fees collected by the auditor of state under this
section shall be paid into the auditor of state training program fund
established under section 117.44 of the Revised Code.

(H)
The treasurer of state, with the advice and consent of the auditor of
state, may adopt reasonable rules not inconsistent with this section
for the implementation of this section.

Sec.
329.12.
(A)
A county department of job and family services may establish an
individual development account program for residents of the county.
The program shall provide for establishment of accounts for
participants and acceptance of contributions from individuals and
entities, including the county department, to be used as matching
funds for deposit in the accounts.

(B)
A county department shall select a fiduciary organization to
administer its individual development account program. In selecting a
fiduciary organization, the department shall consider all of the
following regarding the organization:

(1)
Its ability to market the program to potential participants and
matching fund contributors;

(2)
Its ability to invest money in the accounts in a way that provides
for return with minimal risk of loss;

(3)
Its overall administrative capacity, including the ability to verify
eligibility of individuals for participation in the program, prevent
unauthorized use of matching contributions, and enforce any penalties
for unauthorized uses that may be provided for by rule

adopted by the director of job and family services under section
5101.971 of the Revised Code
;

(4)
Its ability to provide financial counseling to participants;

(5)
Its affiliation with other activities designed to increase the
independence of individuals and families through postsecondary
education, home ownership, and business development;

(6)
Any other factor the county department considers appropriate.

(C)
At the time it commences the program and on the first day of each
subsequent program year, the county department may make a grant to
the fiduciary organization to pay all or part of the administrative
costs of the program.

(D)
The county department shall require the fiduciary organization to
collect and maintain information regarding the program, including all
of the following:

(1)
The number of accounts established;

(2)
The amount deposited by each participant and the amount matched by
contributions;

(3)
The uses of funds withdrawn from the account, including the number of
participants who used funds for postsecondary educational expenses
and the institutions attended, the number of personal residences
purchased, and the number of participants who used funds for business
capitalization;

(4)
The demographics of program participants;

(5)
The number of participants who withdrew from the program and the
reasons for withdrawal.

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

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

(a)
Evaluate the need for facility services, addiction services, mental
health services, and recovery supports;

(b)
In cooperation with other local and regional planning and funding
bodies and with relevant ethnic organizations, evaluate strengths and
challenges and set priorities for addiction services, mental health
services, and recovery supports. With respect to setting priorities,
all of the following apply:

(i)
A board shall include treatment and prevention services when setting
priorities for addiction services and mental health services.

(ii)
When a board sets priorities for addiction services, the board shall
consult with the county commissioners of the counties in the board's
service district regarding the services described in section 340.15
of the Revised Code and shall give priority to those services, except
that those services shall not have a priority over services provided
to pregnant women under programs developed in relation to the mandate
established in section 5119.17 of the Revised Code.

(iii)
As part of setting priorities through its community addiction and
mental health plan, a board may consider any local mechanisms that
have been established for determining eligibility for services and
supports.

(c)
In accordance with guidelines issued by the director of behavioral
health under division
(G)
(F)

of section 5119.22 of the Revised Code, annually develop and submit
to the department of behavioral health a community addiction and
mental health plan that addresses both of the following:

(i)
The needs of all residents of the service district currently
receiving inpatient services in state-operated hospitals, the needs
of other populations as required by state or federal law or programs,
and the needs of all children subject to a determination made
pursuant to section 121.38 of the Revised Code;

(ii)
The department's priorities for facility services, addiction
services, mental health services, and recovery supports during the
period for which the plan will be in effect. The department shall
inform all of the boards of the department's priorities in a timely
manner that enables the boards to know the department's priorities
before the boards develop and submit the plans.

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

The
director shall approve or disapprove the plan, in whole or in part,
in accordance with division
(H)
(G)

of section 5119.22 of the Revised Code. Eligibility for state and
federal funding shall be contingent upon an approved plan or relevant
part of a plan.

If
a board determines that it is necessary to amend an approved plan,
the board shall submit a proposed amendment to the director. The
director shall approve or disapprove all or part of the amendment in
accordance with division
(I)
(H)

of section 5119.22 of the Revised Code.

The
board shall operate in accordance with the plan approved by the
director.

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

(2)
Investigate, or request another agency to investigate, any complaint
alleging abuse or neglect of any person receiving addiction services,
mental health services, or recovery supports from a community
addiction services provider or community mental health services
provider or alleging abuse or neglect of a resident receiving
addiction services or with mental illness or severe mental disability
residing in a residential facility licensed under section 5119.34 of
the Revised Code. If the person is a resident of a service district
other than the district represented by the board that received the
complaint, the board that received the complaint shall refer the
complaint to the board of the district where the residential facility
is located for that board to investigate the complaint.

If
a board's investigation substantiates the charge of abuse or neglect,
the board shall take whatever action it determines is necessary to
correct the situation, including notification of the appropriate
authorities. Upon request, the board shall provide information about
such investigations to the department.

(3)
For the purpose of section 5119.36 of the Revised Code, cooperate
with the director of behavioral health in visiting and evaluating
whether the certifiable services and supports of a community
addiction services provider or community mental health services
provider satisfy the certification standards established by rules
adopted under that section. In addition, a board may provide input
and recommendations to the department when an application for
certification or the renewal of a certification has been submitted by
a provider or when a provider is being investigated by the
department, if the board, in either of those circumstances, is aware
of information that would be beneficial to the department's
consideration of the matter.

(4)
In accordance with criteria established under division
(D)(1)
(C)(1)

of section 5119.22 of the Revised Code, conduct program audits that
review and evaluate the quality, effectiveness, and efficiency of
addiction services, mental health services, and recovery supports
provided by community addiction services providers and community
mental health services providers under contract with the board and
submit the board's findings and recommendations to the department of
behavioral health;

(5)
In accordance with section 5119.34 of the Revised Code, review an
application for a residential facility license and provide to the
department of behavioral health any information about the applicant
or facility that the board would like the department to consider in
reviewing the application;

(6)
In accordance with guidelines issued under division
(E)
(D)

of section 5119.22 of the Revised Code and any related rules adopted
under that section, review any annual financial audit reports that
have been submitted to the board regarding each community addiction
services provider and community mental health services provider with
which the board has contracted under section 340.036 of the Revised
Code to provide services and supports certified under section 5119.36
of the Revised Code;

(7)
Recruit and promote local financial support for addiction services,
mental health services, and recovery supports from private and public
sources;

(8)
In accordance with guidelines issued by the department as necessary
to comply with state and federal laws pertaining to financial
assistance, approve fee schedules and related charges or adopt a unit
cost schedule or other methods of payment for addiction services,
mental health services, and recovery supports provided by community
addiction services providers and community mental health services
providers that have contracted with the board under section 340.036
of the Revised Code;

(9)
Submit to the director and the county commissioners of the county or
counties served by the board, and make available to the public, an
annual report of the addiction services, mental health services, and
recovery supports under the jurisdiction of the board, including a
fiscal accounting;

(10)
Establish a method for evaluating referrals for court-ordered
treatment and affidavits filed pursuant to section 5122.11 of the
Revised Code in order to assist the probate division of the court of
common pleas in determining whether there is probable cause that a
respondent is subject to court-ordered treatment and whether
alternatives to hospitalization are available and appropriate;

(11)
Designate the treatment services, provider, facility, or other
placement for each person involuntarily committed to the board
pursuant to Chapter 5122. of the Revised Code. The board shall
provide the least restrictive and most appropriate alternative that
is available for any person involuntarily committed to it and shall
assure that the list of addiction services, mental health services,
and recovery supports submitted and approved in accordance with
division (B) of section 340.08 of the Revised Code are available to
persons with severe mental disabilities residing within its service
district. The board shall establish the procedure for authorizing
payment for the services and supports, which may include prior
authorization in appropriate circumstances. In accordance with
section 340.037 of the Revised Code, the board may provide addiction
services and mental health services directly to a person with a
severe mental disability when life or safety is endangered and when
no community addiction services provider or community mental health
services provider is available to provide the service.

(12)
Ensure that housing built, subsidized, renovated, rented, owned, or
leased by the board or a community addiction services provider or
community mental health services provider has been approved as
meeting minimum fire safety standards and that persons residing in
the housing have access to appropriate and necessary services,
including culturally relevant services, from a community addiction
services provider or community mental health services provider. This
division does not apply to residential facilities licensed pursuant
to section 5119.34 of the Revised Code.

(13)
Establish a mechanism for obtaining advice and involvement of persons
receiving addiction services, mental health services, or recovery
supports on matters pertaining to services and supports in the
alcohol, drug addiction, and mental health service district;

(14)
Perform the duties required by rules adopted under section 5119.22 of
the Revised Code regarding referrals by the board or community mental
health services providers under contract with the board of
individuals with mental illness or severe mental disability to class
two residential facilities licensed under section 5119.34 of the
Revised Code and effective arrangements for ongoing mental health
services for the individuals. The board is accountable in the manner
specified in the rules for ensuring that the ongoing mental health
services are effectively arranged for the individuals.

(15)
Perform the duties required by section 9.21 of the Revised Code
regarding credit card accounts, including the requirement to adopt a
written policy before first holding a credit card account.

(B)
Each board of alcohol, drug addiction, and mental health services
shall establish such rules, operating procedures, standards, and
bylaws, and shall perform such other duties, as may be necessary or
proper to carry out the purposes of this chapter.

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

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

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

(F)(1)
A board of alcohol, drug addiction, and mental health services may
establish a rule, operating procedure, standard, or bylaw to allow
the executive director of the board to execute both of the following
types of contracts valued at twenty-five thousand dollars or less, as
determined by the board, on behalf of the board without the board's
prior approval:

(a)
Emergency contracts for clinical services or recovery support
services;

(b)
Standard service contracts pertaining to the board's operations.

(2)
If a board establishes a rule, operating procedure, standard, or
bylaw under division (F)(1) of this section, both of the following
shall be the case:

(a)
The board shall define the scope of contracts described in divisions
(F)(1)(a) and (b) of this section in that rule, operating procedure,
standard, or bylaw.

(b)
The board shall disclose the existence of a contract executed
pursuant to the rule, operating procedure, standard, or bylaw at the
first board meeting that occurs after the contract was executed and
ensure that a record of that disclosure is included in the written
minutes of that meeting.

Sec.
340.034.
All
of the following apply to recovery housing residences required by
section 340.033 of the Revised Code to be part of included opioid and
co-occurring drug addiction services and recovery supports:

(A)
A recovery housing residence shall comply with the requirements of
being monitored by the department of behavioral health under sections
5119.39 to 5119.396 of the Revised Code

and any rules adopted under section 5119.397 of the Revised Code
,
but the residence is not subject to residential facility licensure by
the department under section 5119.34 of the Revised Code.

(B)
A recovery housing residence shall not be operated by a board of
alcohol, drug addiction, and mental health services unless any of the
following applies:

(1)
The board operated the recovery housing residence on July 1, 2017.

(2)
The board utilizes local funds in the development or operation of the
recovery housing residence.

(3)
The board determines that there is a need for the board to assume
operation of the recovery housing residence, such as when an existing
operator of the residence goes out of business and the board
considers the assumption of operation of the residence to be in the
best interest of the community.

(C)
A recovery housing residence shall have protocols for all of the
following:

(1)
Administrative oversight;

(2)
Quality standards;

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

(D)
Family members of a resident of a recovery housing residence may
reside in the residence to the extent permitted by protocols of the
residence.

(E)
A recovery housing residence shall not limit a resident's duration of
stay to an arbitrary or fixed amount of time. Instead, each
resident's duration of stay shall be determined by the resident's
needs, progress, and willingness to abide by the residence's
protocols, in collaboration with the residence's operator, and, if
appropriate, in consultation and integration with a community
addiction services provider.

(F)
A recovery housing residence may permit its residents to receive
medication-assisted treatment.

(G)
A resident of a recovery housing residence may receive addiction
services that are certified by the department under section 5119.36
of the Revised Code.

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

(A)
Submit to the department of behavioral health a proposed budget of
receipts and expenditures for all federal, state, and local moneys
the board expects to receive.

(1)
The proposed budget shall identify funds the board has available for
included opioid and co-occurring drug addiction services and recovery
supports.

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

(3)
The board's proposed budget for expenditures of state and federal
funds distributed to the board by the department shall be deemed an
application for funds, and the director shall approve or disapprove
the budget for these expenditures in whole or in part in accordance
with division
(H)
(G)

of section 5119.22 of the Revised Code.

If
a board determines that it is necessary to amend an approved budget,
the board shall submit a proposed amendment to the director. The
director shall approve or disapprove all or part of the amendment in
accordance with division
(I)
(H)

of section 5119.22 of the Revised Code.

(B)
Submit to the department a proposed list of addiction services,
mental health services, and recovery supports the board intends to
make available. The board shall include the services and supports
required by section 340.032 of the Revised Code to be included in the
community-based continuum of care and the services required by
section 340.15 of the Revised Code. The board shall explain the
manner in which the board intends to make such services and supports
available. The list shall be compatible with the budget submitted
pursuant to division (A) of this section. The director shall approve
or disapprove the list in whole or in part in accordance with
division
(H)
(G)

of section 5119.22 of the Revised Code.

If
a board determines that it is necessary to amend an approved list,
the board shall submit a proposed amendment to the director. The
director shall approve or disapprove all or part of the amendment in
accordance with division
(I)
(H)

of section 5119.22 of the Revised Code.

(C)
Enter into a continuity of care agreement with the state institution
operated by the department of behavioral health and designated as the
institution serving the district encompassing the board's service
district. The continuity of care agreement shall outline the
department's and the board's responsibilities to plan for and
coordinate with each other to address the needs of board residents
who are patients in the institution, with an emphasis on managing
appropriate hospital bed day use and discharge planning. The
continuity of care agreement shall not require the board to provide
addiction services, mental health services, or recovery supports
other than those on the list of services and supports submitted by
the board pursuant to division (B) of this section and approved by
the director in accordance with division
(H)
(G)

of section 5119.22 of the Revised Code.

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

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

(2)
Provide for uniformity in monitoring those persons;

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

(E)
To ensure the safety of persons seeking or receiving addiction
services, mental health services, or recovery supports, submit to the
department a report summarizing all of the following:

(1)
Complaints and grievances received by the board concerning the rights
of persons seeking or receiving addiction services, mental health
services, or recovery supports;

(2)
Investigations of the complaints and grievances;

(3)
Outcomes of the investigations.

(F)
Provide to the department information to be submitted to the
community behavioral health information system or systems established
by the department under Chapter 5119. of the Revised Code.

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

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

(I)
Annually update and publish on the board's web site a list of all
opioid treatment programs licensed under section 5119.37 of the
Revised Code that are operating within the board's district, based on
information obtained from any of the following:

(1)
The federal substance abuse and mental health services
administration's opioid treatment program directory;

(2)
A resource directory created by the department of behavioral health;

(3)
The list maintained by the department of behavioral health pursuant
to division (P) of section 5119.37 of the Revised Code.

Sec.
718.80.
(A)
A taxpayer may elect to be subject to sections 718.80 to 718.95 of
the Revised Code in lieu of the provisions set forth in the remainder
of this chapter. Notwithstanding any other provision of this chapter,
upon the taxpayer's election, both of the following shall apply:

(1)
The tax commissioner shall serve as the sole administrator of each
municipal income tax for which the taxpayer is liable for the term of
the election;

(2)
The commissioner shall administer the tax pursuant to sections 718.80
to 718.95 of the Revised Code and any applicable provision of Chapter
5703. of the Revised Code.

(B)(1)
A taxpayer shall make the initial election on or before the fifteenth
day of the fourth month after the beginning of the taxpayer's taxable
year by providing to the tax commissioner a list of all municipal
corporations in which the taxpayer conducted business during the
previous taxable year, on a form prescribed by the tax commissioner.

(2)
At least quarterly, the tax commissioner shall notify each municipal
corporation that a taxpayer lists in its election under division
(B)(1) of this section that the taxpayer has made the election.

(3)(a)
The election, once made by the taxpayer, applies to the taxable year
in which the election is made and to each subsequent taxable year
until the taxpayer notifies the tax commissioner of its termination
of the election.

(b)
A notification of termination shall be made, on a form prescribed by
the tax commissioner, on or before the fifteenth day of the fourth
month of any taxable year.

(c)
Upon a timely and valid termination of the election, the taxpayer is
no longer subject to sections 718.80 to 718.95 of the Revised Code,
and is instead subject to the provisions set forth in the remainder
of this chapter.

(d)
At least quarterly, the tax commissioner shall notify each municipal
corporation reported on a taxpayer's most recent return or
declaration filed with the commissioner of the taxpayer's termination
of its election.

(4)
The tax commissioner shall provide to all municipal corporations
imposing a tax on income on or after January 1, 2018, a list of
taxpayers that are subject to sections 718.80 to 718.95 of the
Revised Code, including the taxpayers' names, addresses, and federal
employee identification numbers. The list shall be made available via
the portal created under section 718.841 of the Revised Code.

(C)(1)(a)
On or before the thirty-first day of January each year, each
municipal corporation imposing a tax on income shall certify to the
tax commissioner the rate of the tax in effect on the first day of
January of that year.

(b)
If, after the thirty-first day of January of any year, a municipal
corporation changes the rate of the municipal corporation's tax on
income such that a new rate takes effect within that year, the
municipal corporation shall certify to the tax commissioner the new
rate of tax not less than sixty days before the effective date of the
new rate, after which effective date the commissioner shall apply the
new rate.

(2)
A municipal corporation that receives a notification under division
(B)(2) of this section shall submit to the tax commissioner, on a
form prescribed by the commissioner and within the time prescribed by
division (C)(3) of this section, the following information regarding
the taxpayer and any member of an affiliated group of corporations
included on the taxpayer's consolidated tax return, when applicable:

(a)
The amount of any net operating loss that the taxpayer is entitled to
carry forward to a future tax year;

(b)
The amount of any net operating loss carryforward utilized by the
taxpayer in prior years;

(c)
Any credits granted by the municipal corporation to which the
taxpayer is entitled, the amount of such credits, whether the credits
may be carried forward to future tax years, and, if the credits may
be carried forward, the duration of any such carryforward;

(d)
Any overpayments of tax that the taxpayer has elected to carry
forward to a subsequent tax year;

(e)
Any other information the municipal corporation deems relevant in
order to effectuate the tax commissioner's efficient administration
of the tax on the municipal corporation's behalf.

(3)
A municipal corporation shall submit the information required under
division (C)(2) of this section to the tax commissioner within ninety
days after the taxpayer files its final return or within fifteen days
after the end of the taxable year for which the taxpayer made the
initial election under division (B)(1) of this section, whichever
occurs first. For the purposes of this section, "final return"
means the return filed with the municipal corporation for the taxable
year immediately preceding the taxable year for which the taxpayer
made the election under division (B)(1) of this section.

(4)
If any municipal corporation fails to timely comply with division
(C)(1), (2), or (3) of this section, the tax commissioner may notify
the director of budget and management, who, upon receiving such
notification, shall withhold a portion of each payment made to the
municipal corporation under section 718.83 of the Revised Code. The
commissioner shall specify the percentage of the payment to be
withheld, not to exceed fifty per cent of the amount of the payment
otherwise due to the municipal corporation under that section. The
director shall compute the withholding on the basis of the tax rate
most recently certified to the tax commissioner until the municipal
corporation complies with divisions (C)(1), (2), and (3) of this
section.

If,
after any such withholding, the municipal corporation complies with
divisions (C)(1), (2), and (3) of this section, the tax commissioner
shall notify the director of budget and management, who shall provide
payment to the municipal corporation under section 718.83 of the
Revised Code of such amounts withheld under this division.

(D)
The tax commissioner shall enforce and administer sections 718.80 to
718.95 of the Revised Code. In addition to any other powers conferred
upon the tax commissioner by law, the tax commissioner may:

(1)
Prescribe all forms necessary to administer those sections;

(2)

Adopt
such rules as the tax commissioner finds necessary to carry out those
sections;

(3)

Appoint
and employ such personnel as are necessary to carry out the duties
imposed upon the tax commissioner by those sections.

(E)
No tax administrator shall utilize sections 718.81 to 718.95 of the
Revised Code in the administrator's administration of a municipal
income tax, and those sections shall not be applied to any taxpayer
that has not made the election under this section.

(F)
Nothing in this chapter shall be construed to make any section of
this chapter, other than sections 718.01 and 718.80 to 718.95 of the
Revised Code, applicable to the tax commissioner's administration of
a municipal income tax or to any taxpayer that has made the election
under this section.

(G)
The tax commissioner shall not be considered a tax administrator, as
that term is defined in section 718.01 of the Revised Code.

Sec.
718.83.
(A)
On or before the last day of each month, the tax commissioner shall
certify to the director of budget and management the amount to be
paid to each municipal corporation, based on amounts reported on
annual returns and declarations of estimated tax under sections
718.85 and 718.88 of the Revised Code, less any amounts previously
distributed and net of any audit adjustments made or refunds granted
by the commissioner, for the calendar month preceding the month in
which the certification is made. Not later than the fifth day of each
month, the director shall provide for payment of the amount certified
to each municipal corporation from the municipal net profit tax fund,
plus a pro rata share of any investment earnings accruing to the fund
since the previous payment under this section, and minus any
reduction required by the commissioner under division (D) of this
section. Each municipal corporation's share of such earnings shall
equal the proportion that the municipal corporation's certified tax
payment is of the total taxes certified to all municipal corporations
in that quarter. All investment earnings on money in the municipal
net profit tax fund shall be credited to that fund.

(B)
If the tax commissioner determines that the amount of tax paid by a
taxpayer and distributed to a municipal corporation under this
section for a taxable year exceeds the amount payable to that
municipal corporation under sections 718.80 to 718.95 of the Revised
Code after accounting for amounts remitted with the annual return and
as estimated taxes, the commissioner shall proceed according to
section 5703.77 of the Revised Code.

(C)
If the amount of a municipal corporation's net distribution computed
by the commissioner under division (A) of this section is less than
zero, the commissioner may notify the municipal corporation of the
deficiency. Within thirty days after receiving such a notice, the
municipal corporation shall pay an amount equal to the deficiency to
the treasurer of state. The treasurer of state shall credit any
payment received under this division to the municipal net profit tax
fund.

(D)
If a municipal corporation fails to make a timely payment required
under division (C) of this section, the commissioner may recover the
deficiency using any or all of the following options:

(1)
Deduct the amount of the deficiency from the next distribution to
that municipal corporation under division (A) of this section or, if
the amount of the deficiency exceeds the amount of such distribution,
withhold such distributions entirely until the withheld amount equals
the amount of the municipal corporation's deficiency;

(2)
Deduct the amount of the deficiency from the next payment to that
municipal corporation under division (A) of section 5745.05 of the
Revised Code or, if the amount of the deficiency exceeds the amount
of such distribution, withhold such distributions entirely until the
withheld amount equals the amount of the municipal corporation's
deficiency;

(3)
Deduct the amount of the deficiency from the municipal corporation's
share of the next payment made by the commissioner under division (F)
of section 321.24 of the Revised Code or, if the amount of the
deficiency exceeds the amount of the municipal corporation's share of
such payment, withhold the municipal corporation's share of the
payments entirely until the withheld amount equals the amount of the
municipal corporation's deficiency.

(E)
The total amount of payments and distributions withheld from a
municipal corporation under division (D) of this section shall not
exceed the unpaid portion of the municipal corporation's net
distribution deficiency. All amounts withheld under division (D) of
this section shall be credited to the municipal net profit tax fund.

(F)
The commissioner may adopt rules necessary to administer this
section.

Sec.
742.013.
The
board may, by rule adopted under section
742.10

111.15

of
the Revised Code, establish definitions of "terminal pay"
and "salary" that differ from those in divisions (K) and
(L) of section 742.01 of the Revised Code. In establishing the
definitions, the board may use elements of the compensation
provisions of the United States Internal Revenue Code and the
Internal Revenue Code form W-2, as those provisions are interpreted
by the internal revenue service of the United States department of
treasury.

Sec.
742.10.
The
board of trustees of the Ohio police and fire pension fund may sue
and be sued, plead and be impleaded, contract and be contracted with,
employ and fix the compensation of employees
,
and adopt rules for the proper administration and management of the
fund
.

Effective
ninety days after September 15, 2004, the board of trustees may not
employ a state retirement system investment officer, as defined in
section 1707.01 of the Revised Code, who does not hold a valid state
retirement system investment officer license issued by the division
of securities in the department of commerce.

If
the Ohio retirement study council establishes a uniform format for
any report the board is required to submit to the council, the board
shall submit the report in that format.

The
attorney general shall prescribe procedures for the adoption of rules
authorized under this chapter, consistent with the provisions of
section 111.15 of the Revised Code under which all rules shall be
filed in order to be effective. Such procedures shall establish
methods by which notice of proposed rules is given to interested
parties and rules adopted by the board published and otherwise made
available. When it files a rule with the joint committee on agency
rule review pursuant to section 111.15 of the Revised Code, the board
shall submit to the Ohio retirement study council a copy of the full
text of the rule, and if applicable, a copy of the rule summary and
fiscal analysis required by division (B) of section 106.024 of the
Revised Code.

Sec.
742.102.
The
board of trustees of the police and fire pension fund shall do all of
the following:

(A)
In consultation with the Ohio ethics commission, review any existing
policy regarding the travel and payment of travel expenses of members
of the board of trustees and employees of the fund and adopt rules in
accordance with section 742.10 of the Revised Code establishing a new
or revised policy regarding travel and payment of travel expenses.
Not less than sixty days before adopting a new or revised policy, the
board shall submit the policy to the Ohio retirement study council
for review.

(B)
If the board intends to award a bonus to any employee of the board,
adopt rules in accordance with section
742.10

111.15

of
the Revised Code establishing a policy regarding employee bonuses;

(C)
Provide copies of the rules adopted under divisions (A) and (B) of
this section to each member of the Ohio retirement study council;

(D)
Submit to the Ohio retirement study council a proposed operating
budget, including an administrative budget for the board, for the
next immediate fiscal year and adopt that budget not earlier than
sixty days after it is submitted to the council;

(E)
Submit to the council a plan describing how the board will improve
the dissemination of public information pertaining to the board.

Sec.
742.161.
Following
the actuarial investigation required by division (B) of section
742.14 of the Revised Code due on November 1, 2017, and following
each quinquennial actuarial investigation thereafter, if, in
consultation with its actuary, the Ohio police and fire pension fund
board of trustees determines that an adjustment to the age and years
of service credit required to receive a pension or benefit under
division (C) of section 742.37 of the Revised Code is appropriate,
the board may, in accordance with rules adopted under section
742.10

111.15

of
the Revised Code, do either of the following:

(A)
If the board's determination is that increasing the age and years of
service requirements is necessary to preserve the fiscal integrity of
the fund, increase the age and years of service credit required to
receive a pension or benefit;

(B)
If the board's determination is that reducing the age and years of
service requirements would not materially impair the fiscal integrity
of the fund, reduce the age and years of service credit required to
receive a pension or benefit.

Sec.
742.214.
(A)
As used in this section, "transferred service credit" means
service credit purchased or obtained under section 145.295, 145.2913,
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code prior to
the date a member commenced the employment covered by the Ohio police
and fire pension fund for which the member is currently contributing
to the fund.

(B)
A member of the Ohio police and fire pension fund who is in the
active service of a police or fire department, has contributions on
deposit with, but is no longer contributing to, a non-uniform
retirement system, and is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code shall, in computing years of service, be given full
credit for transferred service credit if a transfer to the Ohio
police and fire pension fund is made under this section. At the
request of a member, the non-uniform system shall transfer to the
Ohio police and fire pension fund the sum of the following:

(1)
An amount equal to the amounts transferred to the non-uniform system
under section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or
3309.731 of the Revised Code;

(2)
Interest, determined as provided in division (E) of this section, on
the amount specified in division (B)(1) of this section for the
period from the last day of the year in which the transfer under
section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731
of the Revised Code was made to the date a transfer is made under
this section.

(C)
A member of the fund who is in the active service of a police or fire
department, has received a refund of contributions to a non-uniform
retirement system, and is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code shall, in computing years of service, be given full
credit for transferred service credit if, for each year of service,
the Ohio police and fire pension fund receives the sum of the
following:

(1)
An amount, which shall be paid by the member, equal to the amount
refunded by the non-uniform system to the member for that year for
transferred service credit, with interest on that amount from the
date of the refund to the date a payment is made under this section;

(2)
Interest, which shall be transferred by the non-uniform system, on
the amount refunded to the member for the period from the last day of
the year in which the transfer under section 145.295, 145.2913,
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code was made
to the date the refund was made;

(3)
If the non-uniform system retained any portion of the amount
transferred under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code, an amount, which shall be
transferred by the non-uniform system, equal to the amount retained,
with interest on that amount for the period from the last day of the
year in which the transfer under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code was made to the
date a transfer is made under this section.

On
receipt of payment from the member, the Ohio police and fire pension
fund shall notify the non-uniform system, which, on receipt of the
notice, shall make the transfer required by this division. Interest
shall be determined as provided in division (E) of this section.

(D)
Service credit purchased or obtained under this section shall be used
in computing the pension and benefits payable under section 742.37 or
742.39 of the Revised Code. A member may choose to purchase only part
of the credit the member is eligible to purchase under division (C)
of this section in any one payment, subject to rules adopted by the
board of trustees of the Ohio police and fire pension fund. A member
is ineligible to purchase or obtain service credit under this section
for service to be used in the calculation of any retirement benefit
currently being paid or payable to the member in the future under any
other retirement program or for service credit that may be purchased
or obtained under section 742.21 of the Revised Code.

(E)
Interest charged under this section shall be calculated separately
for each year of service credit at the lesser of the actuarial
assumption rate for that year of the Ohio police and fire pension
fund or of the non-uniform retirement system to which the credit was
transferred under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code. The interest shall be
compounded annually.

(F)
Any amounts transferred or paid under divisions (B) and (C) of this
section that are attributable to contributions made by the member or
to amounts paid to purchase service credit shall be credited to the
police officers' contribution fund or firefighters' contribution fund
created under section 742.59 of the Revised Code, as applicable. Any
remaining amounts shall be credited to one or more of the funds
created under that section as determined by the board.

(G)
At the request of the Ohio police and fire pension fund, the
non-uniform retirement system shall certify to the fund a copy of the
records of the service and contributions of a member of the fund who
seeks service credit under this section. The non-uniform retirement
system shall specify the portions of the amounts transferred that are
attributable to employee contributions, employer contributions, and
interest.

(H)
If a member of the fund who is not a current contributor elects to
receive service credit under section 145.2913, 3307.765, or 3309.731
of the Revised Code for transferred service credit, as defined in
those sections, the fund shall transfer to the non-uniform retirement
system, as applicable, the amount specified in division (B) or (C) of
section 145.2913, division (B) or (C) of section 3307.765, or
division (B) or (C) of section 3309.731 of the Revised Code.

(I)
The board may adopt rules to implement this section.

Sec.
742.27.
(A)
As used in this section, "lay off" means to cease to employ
a person pursuant to sections 124.321 to 124.328 of the Revised Code
or pursuant to any similar provisions that apply to the person under
any of the following:

(1)
A collective bargaining agreement entered into under Chapter 4117. of
the Revised Code;

(2)
Any ordinance, resolution, contract, agreement, policy, or procedure
governing employment.

(B)
A member of the Ohio police and fire pension fund who, during
employment as a member of a police or fire department, is removed
from active pay status by being laid off by the member's employer,
shall, in computing years of active service under division (C) of
section 742.37 or section 742.39 of the Revised Code, be given full
credit for time for which contributions were not made during the
period the member was laid off, if all of the following conditions
are met:

(1)
During the time the member was laid off, the member was not entitled
to receive disability benefits from the fund.

(2)
During the time the member was laid off, the member did not render
any service that is used in the calculation of any public or private
retirement benefit, except any federal social security retirement
benefit, currently being paid or payable in the future to the member.

(3)
The fund receives the amount determined under division (C) of this
section from the member, the member's employer, or the member and the
employer.

(4)
At the time the fund receives the amount described in division (B)(3)
of this section, the member is not a participant in the deferred
retirement option plan established under section 742.43 of the
Revised Code.

The
total amount of service purchased by any member under this section
shall not exceed two years. A member may choose to purchase only part
of such credit in any one payment, subject to board rules.

(C)
The amount paid for the credit purchased under this section shall be
an amount equal to the additional liability to the fund resulting
from the purchase of the credit, as determined by an actuary employed
by the board of trustees of the fund.

(D)
The board shall have final authority to determine and fix the amount
of the payment for credit purchased under this section. The employer
may pay all or part of the payment.

(E)
The board shall adopt rules for the implementation of this section.

Sec.
742.31.
(A)
Except as provided in division (B) of this section, each employee
shall contribute an amount equal to a percentage of the employee's
salary to the Ohio police and fire pension fund according to the
following schedule:

(1)
For salary earned in pay periods beginning not later than July 1,
2013, ten per cent;

(2)
For salary earned in pay periods beginning not earlier than July 2,
2013, but not later than July 1, 2014, ten and three-quarters per
cent;

(3)
For salary earned in pay periods beginning not earlier than July 2,
2014, but not later than July 1, 2015, eleven and one-half per cent;

(4)
For salary earned in pay periods beginning not earlier than July 2,
2015, twelve and one-quarter per cent.

(B)
Following the actuarial investigation required by division (B) of
section 742.14 of the Revised Code due on November 1, 2017, and
following each quinquennial actuarial investigation thereafter, if,
in consultation with the board's actuary, the board determines that
an adjustment to the contribution rate is appropriate, the board may,
in accordance with rules adopted under section
742.10

111.15

of
the Revised Code, do either of the following:

(1)
If the board's determination is that an increase in the contribution
rate is necessary to preserve the fiscal integrity of the fund,
increase the contribution rate;

(2)
If the board's determination is that a decrease in the contribution
rate would not materially impair the fiscal integrity of the fund,
decrease the contribution rate.

(C)
The amount shall be deducted by the employer from the employee's
salary as defined in division (L) of section 742.01 of the Revised
Code for each payroll period, irrespective of whether the minimum
compensation provided by law for the employee is reduced thereby.
Every employee shall be deemed to consent to the deductions, and
payment to the employee less the deductions is a complete discharge
and acquittance of all claims and demands for the services rendered
by the employee during the period covered by such payment.

Sec.
742.3721.
The
board of trustees of the Ohio police and fire pension fund may
establish and maintain a qualified governmental excess benefit
arrangement that meets the requirements of division (m) of section
415 of the "Internal Revenue Code of 1986," 100 Stat. 2085,
26 U.S.C.A. 415, as amended, and any regulations adopted thereunder.
If established, the arrangement shall be a separate portion of the
fund and be maintained solely for the purpose of providing to retired
members that part of a benefit otherwise payable under this chapter
that exceeds the limits established by section 415 of the "Internal
Revenue Code of 1986," as amended.

Members
participating in an arrangement established under this section shall
not be permitted to elect to defer compensation to the arrangement.
Contributions to and benefits paid under an arrangement shall not be
payable from a trust that is part of the fund unless the trust is
maintained solely for the purpose of providing such benefits.

The
board shall adopt rules to administer an arrangement established
under this section.

Sec.
742.38.
(A)(1)
The board of trustees of the Ohio police and fire pension fund shall
adopt rules establishing minimum medical testing and diagnostic
standards or procedures to be incorporated into physical examinations
administered to prospective members of the fund. The standards or
procedures shall include diagnosis and evaluation of the existence of
any heart disease, cardiovascular disease, or respiratory disease.
The rules shall specify the form of the examination report and the
information to be included in it.

The
board shall notify all employers of the establishment of the minimum
standards or procedures and shall include with the notice a copy of
the standards or procedures. The board shall notify all employers of
any changes made to the standards or procedures. Once the standards
or procedures take effect, employers shall cause each prospective
member of the fund to submit to a physical examination that
incorporates the standards or procedures.

(2)
Division (A)(2) of this section applies to an employee who becomes a
member of the fund on or after the date the minimum standards or
procedures described in division (A)(1) of this section take effect.
For each employee described in division (A)(2) of this section, the
employer shall forward to the board a copy of the report of a
physical examination that incorporates the standards or procedures
described in division (A)(1) of this section. If an employer fails to
forward the report in the form required by the board on or before the
date that is sixty days after the employee becomes a member of the
fund, the board shall assess against the employer a penalty
determined under section 742.353 of the Revised Code.

(B)
Application for a disability benefit may be made by a member of the
fund or, if the member is incapacitated as defined in rules adopted
by the board, by a person acting on the member's behalf. Not later
than fourteen days after receiving an application for a disability
benefit from a member or a person acting on behalf of a member, the
board shall notify the member's employer that an application has been
filed. The notice shall state the member's position or rank. Not
later than twenty-eight days after receiving the notice or filing an
application on behalf of a member, the employer shall forward to the
board a statement certifying the member's job description and any
other information required by the board to process the application.

If
the member applying for a disability benefit became a member of the
fund prior to the date the minimum standards or procedures described
in division (A)(1) of this section took effect, the board may request
from the member's employer a copy of the report of the member's
physical examination taken on entry into the police or fire
department or, if the employer does not have a copy of the report, a
written statement certifying that the employer does not have a copy
of the report. If an employer fails to forward the report or
statement in the form required by the board on or before the date
that is twenty-eight days after the date of the request, the board
shall assess against the employer a penalty determined under section
742.353 of the Revised Code.

The
board shall maintain the information submitted under this division
and division (A)(2) of this section in the member's file.

(C)
For purposes of determining under division (D) of this section
whether a member of the fund is disabled, the board shall adopt rules
establishing objective criteria under which the determination is to
be made. The rules shall include standards that provide for all of
the following:

(1)
Evaluating a member's illness or injury on which an application for
disability benefits is based;

(2)
Defining the occupational duties of a police officer or firefighter;

(3)
Providing for the board to assign competent and disinterested
physicians, advanced practice registered nurses, physician
assistants, and vocational evaluators to conduct examinations of a
member;

(4)
Requiring a written report for each disability application that
includes a summary of findings, medical opinions, including an
opinion on whether the illness or injury upon which the member's
application for disability benefits is based was caused or induced by
the actual performance of the member's official duties, and any
recommendations or comments based on the medical opinions;

(5)
Taking into consideration the member's potential for retraining or
reemployment.

(D)
The board may grant disability benefits to a member based solely on a
review of an application for disability benefits and supporting
medical documentation or may require the member to undergo a medical
examination, a vocational evaluation, or both. Any medical
examination or vocational evaluation shall be conducted by a
physician, advanced practice registered nurse, physician assistant,
or vocational evaluator assigned in accordance with rules adopted
under division (C)(3) of this section. If a medical examination is
conducted by an advanced practice registered nurse or physician
assistant, the board shall only accept an examination report if a
physician reviews, approves, and signs the report before the report
is submitted to the board.

As
used in this division:

"Totally
disabled" means a member of the fund is unable to perform the
duties of any gainful occupation for which the member is reasonably
fitted by training, experience, and accomplishments. Absolute
helplessness is not a prerequisite of being totally disabled.

"Permanently
disabled" means a condition of disability that is expected to
last for a continuous period of not less than twelve months after an
application for disability benefits is filed and from which there is
no present indication of recovery.

"Hazardous
duty" has the same meaning as in 5 C.F.R. 550.902, as amended.

(1)
A member of the fund who is permanently and totally disabled as the
result of the performance of the member's official duties as a member
of a police or fire department shall be paid annual disability
benefits in accordance with division (A) of section 742.39 of the
Revised Code. In determining whether a member of the fund is
permanently and totally disabled, the board shall consider standards
adopted under division (C) of this section applicable to the
determination.

(2)
A member of the fund who is permanently and partially disabled as the
result of the performance of the member's official duties as a member
of a police or fire department shall, if the disability prevents the
member from performing those duties and impairs the member's earning
capacity, receive annual disability benefits in accordance with
division (B) of section 742.39 of the Revised Code. In determining
whether a member of the fund is permanently and partially disabled,
the board shall consider standards adopted under division (C) of this
section applicable to the determination.

(3)(a)
A member of the fund who is permanently disabled as a result of heart
disease or any cardiovascular or respiratory disease of a chronic
nature, which disease or any evidence of which disease was not
revealed by the physical examination passed by the member on entry
into the department or another examination specified in rules the
board adopts under section
742.10

111.15

of
the Revised Code, is presumed to have incurred the disease while
performing the member's official duties, unless the contrary is shown
by competent evidence. The board may waive the requirement that the
absence of disease be evidenced by a physical examination if
competent medical evidence of a type specified in rules adopted under
section
742.10

111.15

of
the Revised Code is submitted documenting that the disease was not
evident prior to or at the time of entry into the department.

(b)
A member of the fund who is a member of a fire department, has been
assigned to at least six years of hazardous duty as a member of a
fire department, and is disabled as a result of cancer, is presumed
to have incurred the cancer while performing the member's official
duties if the member was exposed to an agent classified by the
international agency for research on cancer or its successor agency
as a group 1 or 2A carcinogen.

(c)
The presumption described in division (D)(3)(b) of this section is
rebuttable in any of the following situations:

(i)
There is evidence that the member incurred the type of cancer being
alleged before becoming a member of the department.

(ii)
There is evidence that the member's exposure, outside the scope of
the member's official duties, to cigarettes, tobacco products, or
other conditions presenting an extremely high risk for the
development of the cancer alleged, was probably a significant factor
in the cause or progression of the cancer.

(iii)
There is evidence that shows, by a preponderance of competent
scientific evidence, that exposure to the type of carcinogen alleged
did not or could not have caused the cancer being alleged.

(iv)
There is evidence that the member was not exposed to an agent
classified by the international agency for research on cancer or its
successor agency as a group 1 or 2A carcinogen.

(v)
The member is seventy years of age or older.

(d)
The presumption described in division (D)(3)(b) of this section does
not apply if it has been more than fifteen years since the member was
last assigned to hazardous duty as a member of a fire department.

(4)
A member of the fund who has five or more years of service credit and
has incurred a permanent disability not caused or induced by the
actual performance of the member's official duties as a member of the
department, or by the member's own negligence, shall if the
disability prevents the member from performing those duties and
impairs the member's earning capacity, receive annual disability
benefits in accordance with division (C) of section 742.39 of the
Revised Code. In determining whether a member of the fund is
permanently disabled, the board shall consider standards adopted
under division (C) of this section applicable to the determination.

(5)
The board shall notify a member of its final action awarding a
disability benefit to the member within thirty days of the final
action. The notice shall be sent by certified mail, return receipt
requested. Not later than ninety days after receipt of notice from
the board, the member shall elect, on a form provided by the board,
either to accept or waive the disability benefit award. If the member
elects to waive the disability benefit award or fails to make an
election within the time period, the award is rescinded. A member who
later seeks a disability benefit award shall be required to make a
new application, which shall be dealt with in accordance with the
procedures used for original disability benefit applications.

A
person is not eligible to apply for or receive disability benefits
under this division, section 742.39 of the Revised Code, or division
(C)(2), (3), (4), or (5) of former section 742.37 of the Revised Code
unless the person is a member of the fund on the date on which the
application for disability benefits is submitted to the fund.

With
the exception of persons who may make application for increased
benefits as provided in division (D)(2) or (4) of this section or
division (C)(3) or (5) of former section 742.37 of the Revised Code
on or after July 24, 1986, or persons who may make application for
benefits as provided in section 742.26 of the Revised Code, no person
receiving a pension or benefit under this section or division (C) of
former section 742.37 of the Revised Code may apply for any new,
changed, or different benefit.

(E)
An advanced practice registered nurse or physician assistant assigned
in accordance with rules adopted under division (C)(3) of this
section to conduct a medical examination of a member who has applied
for disability benefits shall only conduct an examination that is
within the scope and practice that is permitted under Chapter 4723.
or 4730. of the Revised Code, respectively, and does not exceed the
advanced practice registered nurse's or physician assistant's
training.

(F)
Notwithstanding the requirement of section 742.41 of the Revised Code
that all medical reports and recommendations required are privileged,
the board shall submit to the administrator of workers' compensation
any data necessary for the report required under section 4123.86 of
the Revised Code.

Sec.
742.43.
The
board of trustees of the Ohio police and fire pension fund shall
establish and administer a deferred retirement option plan. In
establishing and administering the plan, the board shall comply with
sections 742.44 to 742.446 of the Revised Code and may do all things
necessary to meet the requirements of section 401(a) of the "Internal
Revenue Code of 1986," as amended, applicable to governmental
plans.

The
board shall adopt rules to
implement
this section and sections 742.44 to 742.446 of the Revised Code. The
rules shall
specify
the date of initial implementation of the plan established under this
section. The rules may also specify a period during which an election
made under section 742.44 of the Revised Code may be rescinded.

Sec.
742.443.
(A)
During the period beginning on the effective date of an election to
participate in the deferred retirement option plan and ending on the
date participation ceases, a member's monthly pension amount
determined under section 742.442 of the Revised Code shall accrue to
the member's benefit. If the member is eligible for increases under
section 742.3716 of the Revised Code, to this amount shall be added
any benefit increases the member would be eligible for under that
section had the member, on the effective date of the member's
election, retired under division (C)(1) of section 742.37 of the
Revised Code.

(B)(1)
The amounts contributed under section 742.31 of the Revised Code by a
member who, before July 2, 2013, elects to participate in the
deferred retirement option plan shall accrue to the member's benefit
as follows:

(a)
During the period beginning on the first day of the first payroll
period after the election's effective date and ending on the earlier
of the date that is two years thereafter or the date the member
ceases participation in the plan, fifty per cent of the member's
contributions for that period;

(b)
During the period beginning on the date that is two years and one day
after accruals begin under this division and ending on the earlier of
the date that is three years thereafter or the date the member ceases
participation in the plan, seventy-five per cent of the member's
contributions for that period;

(c)
During the period beginning on the date that is three years and one
day after accruals begin under this section and ending on the date
the member ceases participation in the plan, one hundred per cent of
the member's contributions for that period.

(2)
The amounts contributed under section 742.31 of the Revised Code by a
member who, on or after July 2, 2013, elects to participate in the
deferred retirement option plan shall accrue to the member's benefit
as follows:

(a)
During the period beginning on the first day of the first payroll
period after the election's effective date and ending on the earlier
of the date that is three years thereafter or the date the member
ceases participation in the plan, fifty per cent of the member's
contributions for that period;

(b)
During the period beginning on the date that is three years and one
day after accruals begin under this division and ending on the
earlier of the date that is five years thereafter or the date the
member ceases participation in the plan, seventy-five per cent of the
member's contributions for that period;

(c)
During the period beginning on the date that is five years and one
day after accruals begin under this section and ending on the date
the member ceases participation in the plan, one hundred per cent of
the member's contributions for that period.

(3)
The Ohio police and fire pension fund shall credit the portion of a
member's contributions that are not accrued to the member's benefit
under division (B)(1) or (2) of this section to the police officers'
contribution fund or firefighters' contribution fund, as appropriate.

(C)
During the period beginning on the election's effective date and
ending on the day before the date distributions under division (B)(3)
of section 742.444 of the Revised Code are completed, the amounts
described in divisions (A) and (B)(1) of this section shall earn
interest at an annual rate established by the board of trustees of
the fund and compounded annually using a method established by rule
adopted under section
742.43

111.15

of
the Revised Code.

Sec.
742.45.
(A)
The board of trustees of the Ohio police and fire pension fund may
enter into an agreement with insurance companies, health insuring
corporations, or government agencies authorized to do business in the
state for issuance of a policy or contract of health, medical,
hospital, or surgical benefits, or any combination thereof, for those
individuals receiving service or disability pensions or survivor
benefits subscribing to the plan. Notwithstanding any other provision
of this chapter, the policy or contract may also include coverage for
any eligible individual's spouse and dependent children and for any
of the eligible individual's sponsored dependents as the board
considers appropriate.

If
all or any portion of the policy or contract premium is to be paid by
any individual receiving a service, disability, or survivor pension
or benefit, the individual shall, by written authorization, instruct
the board to deduct from the individual's benefit the premium agreed
to be paid by the individual to the company, corporation, or agency.

The
board may contract for coverage on the basis of part or all of the
cost of the coverage to be paid from appropriate funds of the Ohio
police and fire pension fund. The cost paid from the funds of the
Ohio police and fire pension fund shall be included in the employer's
contribution rates provided by sections 742.33 and 742.34 of the
Revised Code.

The
board may provide for self-insurance of risk or level of risk as set
forth in the contract with the companies, corporations, or agencies,
and may provide through the self-insurance method specific benefits
as authorized by the rules of the board.

(B)
Except as otherwise provided in this division, the board shall,
beginning the month following receipt of satisfactory evidence of the
payment for coverage, pay monthly to each recipient of service,
disability, or survivor benefits under the Ohio police and fire
pension fund who is eligible for coverage under part B of the
medicare program established under Title XVIII of "The Social
Security Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A.
1395j, as amended, an amount specified by the board or determined
pursuant to a formula established by the board that is not less than
ninety-six dollars and forty cents, for such coverage, except that
the board shall not pay an amount that exceeds the amount paid by the
recipient for the coverage.

The
board shall pay not more than one monthly premium under this division
to an eligible benefit recipient even if the recipient is receiving
more than one monthly benefit from the fund. The board shall not pay
a monthly premium under this division to an eligible benefit
recipient who is receiving reimbursement for the premium from any
other source.

(C)
The board shall establish by rule requirements for the coordination
of any coverage, payment, or benefit provided under this section with
any similar coverage, payment, or benefit made available to the same
individual by the public employees retirement system, state teachers
retirement system, school employees retirement system, or state
highway patrol retirement system.

(D)
The board shall make all other necessary rules pursuant to the
purpose and intent of this section.

Sec.
742.451.
The
board of trustees of the Ohio police and fire pension fund may
establish a program under which a member or a member's employer is
permitted to make additional deposits for the purpose of providing
funds for the payment of health, medical, hospital, surgical, dental,
or vision care expenses, including insurance premiums, deductible
amounts, or copayments. The program may be a voluntary employees'
beneficiary association, as described in section 501(c)(9) of the
Internal Revenue Code, 26 U.S.C. 501(c)(9), as amended; an account
described in section 401(h) of the Internal Revenue Code, 26 U.S.C.
401(h), as amended; a medical savings account; or a similar type of
program under which an individual may accumulate funds for the
purpose of paying such expenses. To implement the program, the board
may enter into agreements with insurance companies or other entities
authorized to conduct business in this state.

If
the board establishes a program under this section, it shall adopt
rules to administer the program.

Sec.
901.50.
(A)
"Invasive plant species" means plant species that are not
native to this state whose introduction causes or is likely to cause
economic or environmental harm or harm to human health as determined
by scientific studies. "Invasive plant species" does not
include cultivated plants grown as food or livestock feed in
accordance with generally accepted agricultural practices, including
all plants authorized by the animal and plant health inspection
service in the United States department of agriculture.

(B)
Except as provided in division (C) of this section, the director of
agriculture has sole and exclusive authority to regulate invasive
plant species in this state, including the identification of invasive
plant species and establishment of prohibited activities regarding
them.
The
director may adopt rules in accordance with Chapter 119. of the
Revised Code to administer this section.

(C)
Nothing in this section precludes the director of environmental
protection from continuing to consider the existence of invasive
plant species when evaluating applications and permits for impacts to
or mitigation and monitoring of wetlands that are subject to
regulation under Chapter 6111. of the Revised Code and rules adopted
under it, including using a list of invasive plant species compiled
by that director.
However,
upon the taking effect of any rules adopted by the director of
agriculture under division (B) of this section, the director of
environmental protection shall use the list of invasive plant species
established in those rules when conducting the activities described
in this division.

Sec.
901.61.
(A)
As used in this section:

(1)
"Agricultural asset" means agricultural land, livestock,
facilities, buildings, and machinery used for agricultural production
in this state.

(2)
"Agricultural land" means land that is composed of tracts,
lots, or parcels totaling not less than ten acres devoted to
agricultural production or totaling less than ten acres devoted to
agricultural production if the land produces an average yearly gross
income of at least two thousand five hundred dollars from
agricultural production.

(3)
"Agricultural production" has the same meaning as in
section 929.01 of the Revised Code.

(4)
"Beginning farmer" means an individual who has been
certified as a beginning farmer by the director of agriculture or a
participating land grant college under division (B) of this section
or who has received a substantially equivalent certification from the
United States department of agriculture. "Beginning farmer"
does not include an individual who has previously been certified as a
beginning farmer but no longer meets the criteria for certification.

(5)
"Owner of agricultural assets" means a person that is the
owner in fee of agricultural land or that has legal title to any
other agricultural asset. An "owner of agricultural assets"
does not include an equipment dealer or comparable entity engaged in
the business of selling agricultural assets for profit.

(6)
"Share rent agreement" means a rental agreement in which
the principal consideration given to the owner of agricultural assets
is a predetermined portion of the production of the agricultural
products produced from the rented agricultural assets and which
provides for sharing production costs or risk of loss.

(7)
"Participating land grant college" or "college"
means a state university, as defined in section 3345.011 of the
Revised Code, that is designated a land grant college under the
federal "Morrill Act of 1862," 7 U.S.C. 301 et seq., or the
"Agricultural College Act of 1890," 7 U.S.C. 321 et seq.,
and that elects to participate in certifying individuals as beginning
farmers under this section.

(B)
For the purposes of the tax credit authorized in division (A) of
section 5747.77 of the Revised Code, the director of agriculture and
participating land grant colleges shall certify individuals as
beginning farmers. An individual may apply to the director or college
for certification, and the director or college shall provide the
certification if the director or college determines that the
individual meets all of the requirements of this division. The
certification is valid until the individual no longer meets all of
the requirements of this division. To qualify, the individual must be
a resident of this state and:

(1)
Be seeking entry, or have entered within the last ten years, into
farming;

(2)
Farm, or intend to farm, land in this state;

(3)
Not be a partner, member, shareholder, or trustee of the owner of the
agricultural assets the individual is seeking to purchase or rent.

(4)
Have a total net worth, including the assets and liabilities of the
individual's spouse and dependents, of less than eight hundred
thousand dollars in 2021 and an amount in subsequent years which is
adjusted for inflation by multiplying that amount by the cumulative
inflation rate as determined by the consumer price index (all items)
prepared by the United States bureau of labor statistics.

(5)
Provide the majority of the day-to-day physical labor for and
management of the farm;

(6)
Have adequate farming experience or demonstrate knowledge in the type
of farming for which the individual seeks assistance;

(7)
Submit projected earnings statements and demonstrate a profit
potential;

(8)
Demonstrate that farming will be a significant source of income for
the individual;

(9)
Participate in a financial management program approved under division
(C) of this section;

(10)
Meet any other requirements prescribed by the director.

(C)
For the purposes of the tax credit authorized in division (B) of
section 5747.77 of the Revised Code, the director of agriculture, in
consultation with the participating land grant colleges, shall
certify financial management programs that would qualify a beginning
farmer for the credit authorized under that division. The director
and colleges shall establish a procedure for certifying such programs
and shall maintain a list of certified programs on the web site of
the department of agriculture.

(D)(1)
The owner of agricultural assets who sells agricultural assets to a
beginning farmer during the calendar year or who rents agricultural
assets to a beginning farmer during the calendar year or in either of
the two preceding calendar years may apply to the director of
agriculture, on forms prescribed by the director, for a tax credit
under division (A) of section 5747.77 of the Revised Code, provided,
in the case of a rental, the asset is rented at prevailing community
rates, as determined under the rules adopted under division (G) of
this section. The application shall identify or include all of the
following:

(a)
The name of the beginning farmer;

(b)
The date the sale was made or the date the lease was entered into;

(c)
If applying for the credit on the basis of the sale of an
agricultural asset, the sale price of the asset;

(d)
If applying for the credit on the basis of renting an agricultural
asset:

(i)
The duration of the lease;

(ii)
Proof that the asset is rented at prevailing community rates;

(iii)
The amount, in cash equivalent, of the gross rental income received
during the taxable year for which the credit is sought;

(iv)
Whether the asset is rented pursuant to a share rent agreement.

(2)
The director shall approve an application received under this section
if the director determines that the applicant is eligible for the
credit and if awarding the credit would not cause the limit described
in division (F) of this section to be exceeded. The director shall
issue a tax credit certificate to an approved applicant listing the
amount of the credit the applicant is authorized to claim under
division (A) of section 5747.77 of the Revised Code, which shall
equal three and ninety-nine one-hundredths per cent of one of the
following:

(a)
The sale price of the agricultural asset;

(b)
The gross rental income received during the calendar year pursuant to
a rental agreement, provided the agreement was entered into on or
after the first day of the second preceding calendar year;

(c)
The gross rental income received during the taxable year pursuant to
a share rent agreement, provided the agreement was entered into on or
after the first day of the second preceding calendar year.

(E)
A beginning farmer may apply to the director of agriculture, on forms
prescribed by the director, for a tax credit under division (B) of
section 5747.77 of the Revised Code equal to the cost the individual
incurred during the calendar year for participating in a financial
management program approved under division (C) of this section or a
substantially equivalent financial management program approved by the
United States department of agriculture. The application shall
include all of the following:

(1)
The name and address of the financial management program;

(2)
The costs the individual incurs for participating in that program;

(3)
The date or dates the individual participated in that program.

The
director shall approve an application received under this section if
the director determines that the applicant is eligible for the credit
and if awarding the credit would not cause the limit described in
division (F) of this section to be exceeded. The director shall issue
a tax credit certificate to an approved applicant listing the amount
of the credit the applicant is authorized to claim under division (B)
of section 5747.77 of the Revised Code.

(F)
The director may not issue more than ten million dollars in tax
credit certificates under divisions (D) and (E) of this section. The
director may not issue tax credit certificates under this section on
or after the first day of January of the sixth calendar year
beginning after the effective date of this section.

(G)
The director of agriculture, in consultation with the tax
commissioner, may adopt
any
rules necessary to administer this section, including
a
rule prescribing the method for determining prevailing community
rental rates.

Sec.
901.70.
As
used in sections 901.70 to 901.76 of the Revised Code:

(A)
"Exhibition" means any of the following:

(1)
A show or sale of livestock at a fair or elsewhere that is sponsored
by or under the control of a county or independent agricultural
society organized under section 1711.01 or 1711.02 of the Revised
Code;

(2)
A show or sale of livestock at the Ohio state fair;

(3)
A livestock show at a fair or elsewhere or a livestock sale at or
associated with a fair or livestock show that is assembled for any
length of time;

(4)
A livestock show at a fair or elsewhere or a livestock sale at or
associated with a fair or livestock show that includes livestock with
origins outside this state
;

(5)
Any show or sale of livestock at a fair or elsewhere that is
specified by rule of the director of agriculture adopted under
section 901.72 of the Revised Code
.

(B)
"Livestock" means any animal generally used for food or in
the production of food, including cattle, sheep, goats, rabbits,
poultry, swine,
and
any other animal included by the director by rules adopted under
section 901.72 of the Revised Code,
alpacas,
and llamas.

(C)
"Sponsor" means any of the following:

(1)
A county or independent agricultural society organized under section
1711.01 or 1711.02 of the Revised Code;

(2)
The Ohio state fair;

(3)
Any other public or private entity sponsoring an exhibition.

Sec.
901.72.
(A)
The director of agriculture, in accordance with Chapter 119. of the
Revised Code, may adopt rules
for
the governance and administration of exhibitions, and
to
provide for
related

food
safety and the health, safety, and welfare of livestock

related to exhibitions
,
and may adopt by reference rules adopted by other public or private
agencies such as the Ohio farm animal care commission. Rules of the
director may specify those grooming, commercial, or medical practices
that are generally accepted within the community of persons
exhibiting livestock and may specify false, deceptive, misleading,
unethical, or unprofessional practices that constitute grounds for
disciplinary action under section 901.74 of the Revised Code.

(B)
Rules of the director that apply to exhibition-related food safety
and the health, safety, and welfare of livestock shall apply to every
exhibition operated within this state and to every sponsor. A sponsor
may exempt itself from any other rules adopted by the director under
this section that do not apply to food safety or the health, safety,
or welfare of livestock, including, without limitation, rules for the
governance and administration of exhibitions, by, not later than
thirty days before the commencement of its exhibition, filing with
the director, on a form prescribed and provided by the director, a
list of the rules that shall not apply to its exhibition.

(C)
The director may provide mediation, dispute resolution, and
arbitration services in any dispute involving an alleged violation of
a rule adopted under division (A) of this section from which the
sponsor could have exempted itself under division (B) of this
section, but chose not to.

(D)
Nothing in this section or in sections 901.73 or 901.74 of the
Revised Code precludes any sponsor from doing any of the following:

(1)
adopting rules or written policies for the governance and
administration of its own exhibition, including, without limitation
the adoption of any rule by reference to a rule adopted by other
public or private agencies;

(2)
Adopting rules or written policies providing for appeals regarding
alleged violations of rules or written policies adopted by the
sponsor;

(3)
Taking any discliplinary action established in the rules or written
policies adopted by the sponsor in connection with violations of the
sponsor's rules or written policies for the governance and
administration of its exhibition. Any such disciplinary action taken
by a sponsor in regard to its own exhibition is in addition to any
disciplinary action taken by the director under section 901.74 of the
Revised Code.

(4)
Establishing by rule or written policy criteria and procedures for
the reinstatement of any person disqualified from participation in
the sponsor's exhibition by a disciplinary action taken by the
sponsor and for deciding requests for reinstatement submitted under
those rules.

Sec.
903.10.
The
director of agriculture may adopt rules in accordance with Chapter
119. of the Revised Code that do all of the following:

(A)
Establish all of the following concerning permits to install and
permits to operate:

(1)
A description of what constitutes a modification of a concentrated
animal feeding facility;

(2)
A description of what constitutes a major operational change at a
concentrated animal feeding facility;

(3)
The amount of the fee that must be submitted with each permit
application and each application for a permit modification;

(4)
Information that must be included in the designs and plans required
to be submitted with an application for a permit to install and
criteria for approving, disapproving, or requiring modification of
the designs and plans;

(5)
Information that must be included in a manure management plan
required to be submitted with an application for a permit to operate;

(6)
Information that must be included in an application for the
modification of an installation permit, a permit to install, or a
permit to operate;

(7)
Information that must be included in an application for approval of a
major operational change at a concentrated animal feeding facility;

(8)

Any additional information that must be included with a permit
application;

(9)

Procedures for the issuance, denial, modification, transfer,
suspension, and revocation of permits to install and permits to
operate, including general permits;

(10)
(9)

Procedures for the approval or denial of an application for approval
of a major operational change at a concentrated animal feeding
facility;

(11)
(10)

Grounds for the denial, modification, suspension, or revocation of
permits to install and permits to operate in addition to the grounds
established in division (D) of section 903.02 and division (D) of
section 903.03 of the Revised Code;

(12)
(11)

Grounds for the denial of an application for approval of a major
operational change at a concentrated animal feeding facility;

(13)
(12)

A requirement that a person that is required to obtain both a permit
to install and a permit to operate submit applications for those
permits simultaneously;

(14)
(13)

A definition of "general permit to operate" that
establishes categories of concentrated animal feeding facilities to
be covered under such a permit and a definition of "individual
permit to operate" together with the criteria for issuing a
general permit to operate and the criteria for determining a person's
eligibility to operate under a general permit to operate.

(B)
Establish best management practices that minimize water pollution,
odors, insects, and rodents, that govern the land application of
manure that originated at a concentrated animal feeding facility, and
that govern all of the following activities that occur at a
concentrated animal feeding facility:

(1)
Manure management, including the storage, handling, transportation,
and land application of manure. Rules adopted under division (B)(1)
of this section shall include practices that prevent surface and
ground water contamination caused by the storage of manure or the
land application of manure and prevent the contamination of water in
drainage tiles that may be caused by that application.

(2)
Disposal of dead livestock;

(3)
Production of biodiesel, biomass energy, electric or heat energy, and
biologically derived methane gas as those terms are defined in
section 5713.30 of the Revised Code
;

(4)
Any other activity that the director considers appropriate
.

Best
management practices established in rules adopted under division (B)
of this section shall not conflict with best management practices
established in rules that have been adopted under any other section
of the Revised Code. The rules adopted under division (B) of this
section shall establish guidelines that require owners or operators
of concentrated animal feeding facilities to consult with and work
with local officials, including boards of county commissioners and
boards of township trustees, in addressing issues related to local
government infrastructure needs and the financing of that
infrastructure.

(C)
Establish all of the following concerning insect and rodent control
plans required under section 903.06 of the Revised Code:

(1)
The information to be included in an insect and rodent control plan;

(2)
Criteria for approving, disapproving, or requiring modification of an
insect and rodent control plan;

(3)
Criteria for determining compliance with or violation of an insect
and rodent control plan;

(4)
Procedures and standards for monitoring insect and rodent control
plans;

(5)
Procedures and standards for enforcing insect and rodent control
plans at concentrated animal feeding facilities at which insects or
rodents constitute a nuisance or adversely affect public health;

(6)
The amount of civil penalties for violation of an insect and rodent
control plan assessed by the director of agriculture under division
(B) of section 903.16 of the Revised Code, provided that the rules
adopted under division (C)(6) of this section shall not establish a
civil penalty of more than ten thousand dollars for a violation
involving a concentrated animal feeding facility that is not a major
concentrated animal feeding facility and shall not establish a civil
penalty of more than twenty-five thousand dollars for a violation
involving a major concentrated animal feeding facility;

(7)
The time period within which the director must approve or deny an
insect and rodent control plan after receiving it
;

(8)
Any other provisions necessary to administer and enforce section
903.12 of the Revised Code
.

(D)
Establish all of the following concerning livestock manager
certifications required under section 903.07 of the Revised Code:

(1)
The information to be included in an application for a livestock
manager certification and the amount of the application fee;

(2)
The content of the training required to be completed and of the
examination required to be passed by an applicant for a livestock
manager certification. The training shall include and the examination
shall test the applicant's knowledge of information on topics that
include calculating nutrient values in manure, devising and
implementing a plan for the land application of manure, removing
manure held in a manure storage or treatment facility, and following
best management practices established in rules for disposal of dead
animals and manure management, including practices that control odor
and protect the environment. The director may specify other types of
recognized training programs that, if completed, are considered to
satisfy the training and examination requirement.

(3)
Criteria and procedures for the issuance, denial, suspension,
revocation, or reinstatement of a livestock manager certification;

(4)
The length of time during which livestock manager certifications will
be valid and procedures for their renewal;

(5)
The volume of manure that must be transported and land applied
annually or the volume of manure that must be bought, sold, or land
applied annually by a person in order for the person to be required
to obtain a livestock manager certification under division (A)(2) of
section 903.07 of the Revised Code;

(6)
Requirements governing the management and handling of manure,
including the land application of manure;

(7)
Requirements governing the keeping of records regarding the handling
of manure, including the land application of manure
;

(8)
Any other provisions necessary to administer and enforce section
903.07 of the Revised Code
.

(E)
Establish all of the following concerning NPDES permits:

(1)
The designation of concentrated animal feeding operations that are
subject to NPDES permit requirements under section 903.08 of the
Revised Code;

(2)
Effluent limitations governing discharges into waters of the state
that are authorized by permits;

(3)
Variances from effluent limitations and other permit requirements to
the extent that the variances are consistent with the Federal Water
Pollution Control Act;

(4)
Terms and conditions to be included in a permit, including, as
applicable, best management practices; installation of discharge or
water quality monitoring methods or equipment; creation and retention
of records; submission of periodic reports; schedules of compliance;
net volume, net weight, and, where necessary, concentration and mass
loading limits of manure that may be discharged into waters of the
state; and authorized duration and frequency of any discharges into
waters of the state;

(5)
Procedures for the submission of applications for permits and notices
of intent to be covered by general permits, including information
that must be included in the applications and notices;

(6)
The amount of the fee that must be submitted with an application for
a permit;

(7)
Procedures for processing permit applications, including public
notice and participation requirements;

(8)
Procedures for notifying the United States environmental protection
agency of the submission of permit applications, the director's
action on those applications, and any other reasonable and relevant
information;

(9)
Procedures for notifying and receiving and responding to
recommendations from other states whose waters may be affected by the
issuance of a permit;

(10)
Procedures for the transfer of permits to new owners or operators;

(11)
Grounds and procedures for the issuance, denial, modification,
suspension, or revocation of permits, including general permits;

(12)
A definition of "general NPDES permit" that establishes
categories of point sources to be covered under such a permit and a
definition of "individual NPDES permit" together with the
criteria for issuing a general NPDES permit and the criteria for
determining a person's eligibility to discharge under a general NPDES
permit.

The
rules adopted under division (E) of this section shall be consistent
with the requirements of the Federal Water Pollution Control Act.

(F)
Establish public notice and participation requirements, in addition
to the procedures established in rules adopted under division (E)(7)
of this section, for the issuance, denial, modification, transfer,
suspension, and revocation of permits to install, permits to operate,
and NPDES permits consistent with section 903.09 of the Revised Code,
including a definition of what constitutes significant public
interest for the purposes of divisions (A) and (F) of section 903.09
of the Revised Code and procedures for public meetings. The rules
shall require that information that is presented at such a public
meeting be limited to the criteria that are applicable to the permit
application that is the subject of the public meeting.

(G)
Establish the amount of civil penalties assessed by the director of
agriculture under division (B) of section 903.16 of the Revised Code
for violation of the terms and conditions of a permit to install or
permit to operate, provided that the rules adopted under this
division shall not establish a civil penalty of more than ten
thousand dollars per day for each violation;

(H)
Establish procedures for the protection of trade secrets from public
disclosure. The procedures shall authorize the release of trade
secrets to officers, employees, or authorized representatives of the
state, another state, or the United States when necessary for an
enforcement action brought under this chapter or when otherwise
required by the Federal Water Pollution Control Act. The rules shall
require at least ten days' written notice to the person to whom a
trade secret applies prior to the release of the trade secret. Rules
adopted under this division do not apply to any information that is
contained in applications, including attachments, for NPDES permits
and that is required to be submitted under section 903.08 of the
Revised Code or rules adopted under division (E) of this section.

(I)
Establish any other provisions necessary to administer and enforce
this chapter.

Sec.
903.16.
(A)
The director of agriculture may propose to require corrective actions
and assess a civil penalty against an owner or operator of a
concentrated animal feeding facility if the director or the
director's authorized representative determines that the owner or
operator is not in compliance with section 903.02 or 903.03 or
division (A) of section 903.07 of the Revised Code, the terms and
conditions of a permit to install or permit to operate issued for the
concentrated animal feeding facility, including the requirements
established under division (C) of section 903.06 of the Revised Code,
or rules adopted under division (A), (B), (C),
or

(D)
,
or (I)

of section 903.10 of the Revised Code. However, the director may
impose a civil penalty only if all of the following occur:

(1)
The owner or operator is notified in writing of the deficiencies
resulting in noncompliance, the actions that the owner or operator
must take to correct the deficiencies, and the time period within
which the owner or operator must correct the deficiencies and attain
compliance.

(2)
After the time period specified in the notice has elapsed, the
director or the director's duly authorized representative has
inspected the concentrated animal feeding facility, determined that
the owner or operator is still not in compliance, and issued a notice
of an adjudication hearing.

(3)
The director affords the owner or operator an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code to
challenge the director's determination that the owner or operator is
not in compliance or the imposition of the civil penalty, or both.
However, the owner or operator may waive the right to an adjudication
hearing.

(B)
If the opportunity for an adjudication hearing is waived or if, after
an adjudication hearing, the director determines that a violation has
occurred or is occurring, the director may issue an order requiring
compliance and assess the civil penalty. The order and the assessment
of the civil penalty may be appealed in accordance with section
119.12 of the Revised Code.

Civil
penalties shall be assessed under this division as follows:

(1)
A person who has violated section 903.02 or 903.03 of the Revised
Code, the terms and conditions of a permit to install or permit to
operate, or rules adopted under division (A), (B), (C),
or

(D)
,
or (I)

of section 903.10 of the Revised Code shall pay a civil penalty in an
amount established in rules unless the violation is of the
requirements established under division (C) of section 903.06 or
division (A) of section 903.07 of the Revised Code.

(2)
A person who has violated the requirements established under division
(C) of section 903.06 of the Revised Code shall pay a civil penalty
in an amount established in rules for each violation. Each seven-day
period during which a violation continues constitutes a separate
violation.

(3)
A person who has violated the requirements established under division
(A) of section 903.07 of the Revised Code shall pay a civil penalty
of not more than ten thousand dollars for each violation. Each
thirty-day period during which a violation continues constitutes a
separate violation.

(C)
The attorney general, upon the written request of the director, shall
bring an action for an injunction in any court of competent
jurisdiction against any person violating or threatening to violate
section 903.02 or 903.03 or division (A) of section 903.07 of the
Revised Code; the terms and conditions of a permit to install or
permit to operate, including the requirements established under
division (C) of section 903.06 of the Revised Code; rules adopted
under division (A), (B), (C),
or

(D)
,
or (I)

of section 903.10 of the Revised Code; or an order issued under
division (B) of this section or division (B) of section 903.07 of the
Revised Code.

(D)(1)
In lieu of seeking civil penalties under division (A) of this
section, the director may request the attorney general, in writing,
to bring an action for a civil penalty in a court of competent
jurisdiction against any person that has violated or is violating
division (A) of section 903.07 of the Revised Code or the terms and
conditions of a permit to install or permit to operate, including the
requirements established under division (C) of section 903.06 of the
Revised Code.

(2)
The director may request the attorney general, in writing, to bring
an action for a civil penalty in a court of competent jurisdiction
against any person that has violated or is violating section 903.02
or 903.03 of the Revised Code, rules adopted under division (A), (B),
(C),
or

(D)
,
or (I)

of section 903.10 of the Revised Code, or an order issued under
division (B) of this section or division (B) of section 903.07 of the
Revised Code.

(3)
A person who has committed a violation for which the attorney general
may bring an action for a civil penalty under division (D)(1) or (2)
of this section shall pay a civil penalty of not more than ten
thousand dollars per violation. Each day that a violation continues
constitutes a separate violation.

(E)
In addition to any other penalties imposed under this section, the
director may impose an administrative penalty against an owner or
operator of a concentrated animal feeding facility if the director or
the director's authorized representative determines that the owner or
operator is not in compliance with best management practices that are
established in rules adopted under division (B) or (C) of section
903.10 of the Revised Code or in the permit to install or permit to
operate issued for the facility. The administrative penalty shall not
exceed five thousand dollars.

The
director shall afford the owner or operator an opportunity for an
adjudication hearing under Chapter 119. of the Revised Code to
challenge the director's determination under this division, the
director's imposition of an administrative penalty under this
division, or both. The director's determination and the imposition of
the administrative penalty may be appealed in accordance with section
119.12 of the Revised Code.

Sec.
904.03.
(A)
The Ohio livestock care standards board shall adopt rules in
accordance with Chapter 119. of the Revised Code governing the care
and well-being of livestock in this state. In adopting those rules,
the board shall consider the following factors:

(1)
Best management practices for the care and well-being of livestock;

(2)
Biosecurity;

(3)
The prevention of disease;

(4)
Animal morbidity and mortality data;

(5)
Food safety practices;

(6)
The protection of local, affordable food supplies for consumers;

(7)
Generally accepted veterinary medical practices, livestock practice
standards, and ethical standards established by the American
veterinary medical association
;

(8)
Any other factors that the board considers necessary for the proper
care and well-being of livestock in this state
.

With
regard to organic producers that are certified by the United States
department of agriculture under the national organic program, if
there is a conflict between the rules adopted under this section and
the standards established by the United States department of
agriculture under the national organic program, the standards
established under the national organic program shall prevail.

(B)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish the amount of civil penalties to be
assessed against persons who violate the rules adopted under division
(A) of this section.

(C)
The rules adopted under this section do not apply to animals that are
used in agricultural, biological, or biomedical research or confined
in research or medical facilities that operate in accordance with
"The Guide for the Care and Use of Agricultural Animals in
Research and Teaching" published by the federation of animal
science societies or "The Guide for the Care and Use of
Laboratory Animals" published by the national academy of
sciences.

Sec.
905.01.
As
used in sections 905.01 to 905.11 of the Revised Code:

(A)
"Distributor" means a person who offers for sale, sells,
trades, or supplies an agricultural additive.

(B)
"Manufacturer" means a person who mines, extracts,
processes, refines, blends, or mixes an agricultural additive.

(C)
"Registrant" means the manufacturer who registers an
agricultural additive under sections 905.01 to 905.11 of the Revised
Code.

(D)
"Agricultural additive" means any substance or mixture that
is intended to improve for agricultural production purposes the
physical, chemical, or biological characteristics of soil or other
growth medium or to improve otherwise crop production, plant growth,
product quality, or yield prior to harvest, but excludes fertilizers,
agricultural liming materials, pesticides, fertilizer pesticide
mixtures, rhizobial inoculants, peat, peat moss, pine bark, gypsum,
perlite, sand, unmanipulated animal or vegetable manures,
and

mulches
,
and any other substances or mixtures that are excluded from this
definition by rule of the director of agriculture
.

(E)
"Active ingredient" means any ingredient from which an
agricultural additive derives all or part of its value or
effectiveness and that is defined in the current edition of Merck's
Chemical Index or recorded in Chemical Abstracts.

(F)
"Inert ingredient" means an ingredient that is not active.

Sec.
905.07.
The
director of agriculture or
his
the
director's

duly authorized representative may enter any property, public or
private, in order to make inspections to determine whether or not
there is compliance with sections 905.01 to 905.11 of the Revised
Code or if any agricultural additive is useful for agricultural
production in this state. If refused entry
,

he
the
director or the director's authorized representative

may apply for and the court of common pleas may issue an appropriate
warrant.

The
director may suspend or revoke the registration of an agricultural
additive
if
he finds
after
finding

that the additive does not produce the results or effects shown on
its label or that the distributor or manufacturer has violated any
provision of sections 905.01 to 905.11 of the Revised Code

or any rule adopted thereunder
.
Before
he
suspends
suspending

or
revokes
revoking

the registration of an agricultural additive,
he
the
director

shall afford the registrant the opportunity of an adjudication
hearing in accordance with Chapter 119. of the Revised Code. However,

he
the
director

may suspend the registration before such a hearing if
he
the
director

believes that the use of the additive in this state endangers the
public health or safety or constitutes an imminent and substantial
threat to agricultural production or the public welfare.

Sec.
905.51.
As
used in sections 905.51 to 905.65 of the Revised Code:

(A)
"Liming material" means all materials, the calcium and
magnesium content of which is used to neutralize soil acidity, and
includes the oxide, hydrate, carbonate, and silicate forms
,
as defined by rule,

or combinations of those forms. "Liming material" includes
materials such as the following:

(1)
Limestone;

(2)
Hydrated lime;

(3)
Burnt lime;

(4)
Industrial by-product;

(5)
Marl and shell.

(B)
"Bulk" means in a nonpackaged form.

(C)
"Label" means any written or printed matter on the package,
or tag attached thereto.

(D)
"Manufacture" means to process, crush, grind, pelletize, or
blend.

(E)
"Person" means any partnership, association, firm, or
corporation, company, society, individual or combination of
individuals, institution, park, or public agency administered by the
state or any subdivision of the state.

(F)
"Product name" means a coined or specific designation
applied to an individual liming material.

(G)
"Sale" means an exchange or offer to exchange ownership, or
a transfer or offer to transfer custody.

(H)
"Ton" means a net weight of two thousand pounds.

(I)
"Metric ton" means a measure of weight equal to one
thousand kilograms.

(J)
"Pelletized lime" means a finely ground limestone product
or manufactured material that is held together in a granulated form
by a water soluble binding agent and that is capable of neutralizing
soil acidity.

(K)
"Water treatment lime sludge" means lime sludge generated
during the process of treating water supplies having levels of heavy
metals at or below the levels permitted in standards adopted by the
director of environmental protection governing the land application
of lime sludge so generated.

(L)
"Distribute" means to offer for sale, sell, barter, or
otherwise supply liming material in this state.

(M)
"Official sample" means any sample of liming material taken
and designated as "official" by the director of agriculture
or the director's designee.

(N)
"Effective neutralizing power" means the neutralizing value
of liming material based on the total neutralizing power and fineness
that is expressed as a dry weight percentage.

(O)
"Fineness index" means the percentage by weight of a liming
material that will pass designated sieves, calculated to account for
particle size distribution by adding the amounts arrived at under
divisions (O)(1), (2), and (3) of this section as follows:

(1)
Two-tenths multiplied by the percentage of material passing a number
eight United States standard sieve minus the percentage of material
passing a number twenty United States standard sieve.

(2)
Six-tenths multiplied by the percentage of material passing a number
twenty United States standard sieve minus the percentage of material
passing a number sixty United States standard sieve.

(3)
One multiplied by the percentage of material passing a number sixty
United States standard sieve.

Sec.
905.59.
(A)
The director of agriculture may inspect, sample, and analyze any
liming material utilized within the state to such extent as the
director considers necessary to determine whether the liming material
is in compliance with sections 905.51 to 905.65 of the Revised Code
,
and the rules adopted under such sections
.
The director may enter into an agreement with a person that is not a
department of agriculture employee that authorizes that person to
perform the inspections, sampling, and analysis of liming material.
If the director enters into an agreement, the director shall annually
audit the records relating to the inspections, sampling, and analysis
performed by the person.

(B)
The director or a person who has entered into an agreement with the
director under division (A) of this section may enter upon any public
or private premises or means of conveyance at any reasonable time to
have access to liming material subject to sections 905.51 to 905.65
of the Revised Code
,
and the rules adopted under such sections
.

(C)
The methods of sampling and analysis of liming materials shall be
those adopted by the association of official analytical chemists or
as prescribed by the director.

(D)
The results of the official analysis of any sample of liming material
that is found to be in violation of sections 905.51 to 905.65 of the
Revised Code, or any regulation adopted under such sections, shall be
forwarded to the licensee. A licensee may request a portion of any
such sample if the request is made not more than thirty days after
the date of the analysis report.

(E)
Analytical tolerances shall be governed by rules adopted by the
director, subject to Chapter 119. of the Revised Code.

Sec.
905.63.
(A)
The director of agriculture may order the owner or custodian of any
lot of liming material to hold it at a designated place when the
director has found the liming material to have been offered or
exposed for sale in violation of sections 905.51 to 905.65 of the
Revised Code

or any rule adopted thereunder
.

(B)
Such liming material shall be held until the director releases it in
writing. A release shall not be issued until sections 905.51 to
905.65 of the Revised Code
and
the rules adopted under those sections
are
complied with and until all expenses incurred by the department of
agriculture in connection with the violation have been paid by the
manufacturer, seller, or distributor.

Sec.
905.64.
Any
lot of liming material not in compliance with sections 905.51 to
905.65 of the Revised Code
,
or any rules adopted under those sections,

is subject to seizure on the complaint of the director of agriculture
to a court of competent jurisdiction in the county in which the
liming material is located. If the court finds that the liming
material is in violation of sections 905.51 to 905.65 of the Revised
Code

or any rule adopted under those sections
,
it shall order the condemnation of the liming material. The court
shall not order the condemnation of the liming material without first
giving the manufacturer, seller, or distributor an opportunity to
reprocess or relabel the liming material to bring it into compliance
with sections 905.51 to 905.65 of the Revised Code

and the rules adopted under those sections
.

Sec.
907.10.
The
director of agriculture shall do all of the following:

(A)
Sample, inspect, analyze, and test agricultural, vegetable, and
flower seed sold for sowing purposes, at such times and places and to
such extent as the director regards necessary to determine whether
the seed complies with sections 907.01 to 907.17 of the Revised Code
and notify promptly the person who sold the seed of any violation;

(B)
Adopt rules in accordance with Chapter 119. of the Revised Code that
do all of the following:

(1)
Govern the methods of sampling, inspecting, analyzing, testing, and
examining agricultural, vegetable, and flower seed and the tolerances
to be followed. The rules shall be in general accord with officially
prescribed practice in interstate commerce applied in analyzing and
testing the seed.

(2)
Establish prohibited and restricted noxious-weed seed lists and
provide for additions to them and deletions from them;

(3)
Establish standards for items including, but not limited to,
germination and purity for vegetable seed and flower seed;

(4)
Adopt any labeling requirements additional to those of section 907.03
of the Revised Code that may be necessary to maintain the
identification of seed in hermetically sealed packages or containers;

(5)
Establish the species of native grass that are to be included in the
definition of "native grass" for purposes of sections
907.01 to 907.17 of the Revised Code;

(6)
Identify native grass seed that characteristically exhibits high
inert matter;

(7)
Establish the tolerance for agricultural, vegetable, and flower seed
that is sold in this state;

(8)
Establish the information that an applicant must provide on an
application for a seed labeler permit that is filed under section
907.13 of the Revised Code
;

(9)
Establish any other provisions that are necessary to clarify or
administer the labeling requirements established in sections 907.01
to 907.17 of the Revised Code
.

(C)
Establish and maintain seed testing facilities or enter into
agreements under which other persons are responsible for performing
seed testing, employ qualified persons, and incur expenses that are
necessary to comply with this section and section 907.11 of the
Revised Code;

(D)
Provide for making purity analyses and germination tests of seeds for
any person in this state;

(E)
Regulate the number of samples that may be analyzed or tests that may
be made for any person free of charge;

(F)
Prescribe the period of time during the year when analyses and tests
will be made free of charge;

(G)
Establish a schedule of fees for making analyses and tests;

(H)
Cooperate with the United States department of agriculture in
enforcing federal seed laws.

Sec.
907.43.
The
director of agriculture, subject to sections 119.01 to 119.13,
inclusive, of the Revised Code, shall promulgate rules and
regulations establishing standards or specifications or both for the
coloring or dyeing of grain, and seed treatment materials
,
and adopt and enforce such other rules or regulations as he may deem
necessary to carry into effect sections 907.41 to 907.47, inclusive,
of the Revised Code
.

Sec.
909.03.
The
director of agriculture may make and enforce such rules and orders as
in his judgment are necessary to control, eradicate, or prevent the
introduction, spread, or dissemination of any bee diseases or
Africanized honey bees. No person shall fail to comply with the rules
adopted under this section.

In
the control or eradication of serious bee diseases, the director or

his
the
director's

authorized representative shall diagnose the disease and recommend
approved control options for it to the beekeeper. If a control is
available to the beekeeper for the disease diagnosed but no attempt
is made to implement a control within an appropriate time frame as
determined by
rule
the
director
,
the director may destroy by burning or otherwise any diseased bees,
hives, honey, Africanized honey bees, or equipment that
he
the
director

considers necessary for such control or eradication, without
remuneration to the owner. Such diseased bees, hives, honey,
Africanized honey bees, and equipment are a public nuisance.

Sec.
909.04.
Under
sections 909.01 to 909.18 of the Revised Code, the director of
agriculture may establish and maintain quarantine orders prohibiting
the shipment into or within the state, or any subdivision thereof, of
any bees, queen bees, used hives or any part thereof, used equipment,
or any material capable of transmitting any bee diseases, or
Africanized honey bees for such periods and under such conditions as

he
the
director

considers necessary to control, eradicate, or prevent the
introduction, spread, or dissemination of any bee diseases or
Africanized honey bees, giving such notice thereof as is prescribed
by
him
the
director
.
During the existence of such order, no person shall remove or ship
from such area any such material except by special permission or
order of the director; provided that before the director promulgates
the order of quarantine as provided in this section, and after due
notice to interested persons,
he
the
director

shall give a public hearing

under such rules as he prescribes,

at which hearing any interested person may appear and be heard,
either in person or by attorney.

Sec.
909.10.
(A)
No person shall ship or move bee colonies or any used beekeeping
equipment into this state from any other state or country without an
inspection certificate issued by an authorized inspector from the
state or country wherein shipment or movement originated. The
certificate shall identify all pathogens and parasites diagnosed and
any controls that were implemented.

In
the absence of inspection facilities in another state or country, the
director of agriculture may issue a permit authorizing the shipment
or movement of the bee colonies or used beekeeping equipment into
this state, provided that upon entry the bees or equipment is
inspected by the department of agriculture. The cost of the
inspection shall be paid upon completion

in an amount determined by rule of the director
.
The inspection fees shall be paid to the director and deposited by
the director with the treasurer of state to the credit of the plant
pest program fund created in section 927.54 of the Revised Code.

If
any serious bee diseases are diagnosed, appropriate controls and
eradication measures immediately shall be implemented by the person
shipping or owning the bee colonies or used beekeeping equipment. If
the person shipping or owning the bee colonies or equipment does not
implement any controls or eradication measures within forty-eight
hours from the inspection, the bee colonies or equipment shall be
removed from this state at the cost of the person shipping or owning
them.

(B)
Any person selling, shipping, or moving into this state any queen
bees or packaged bees shall submit to the director an inspection
report issued by an authorized inspector from the state or country
wherein shipment or movement originated. One such report shall be
submitted annually thirty days prior to the initial sale, shipment,
or movement of queen bees or packaged bees of that year. The report
shall identify any pathogens and parasites diagnosed and any controls
that were implemented. If any serious bee diseases have not been
controlled or if inspection reports are not provided as required
under this section, such shipments shall be prohibited from entering
this state.

(C)
The director may deny entry of the bee colonies or used equipment if
the director determines they are a threat to the bee population of
this state.

(D)
No person shall ship or move into this state any Africanized honey
bees.

Sec.
909.13.
The
director of agriculture, in accordance with sections 119.01 to 119.13
of the Revised Code, may suspend or revoke any registration,
certificate, or permit issued under this chapter, or a compliance
agreement entered into under this chapter, for cause, including any
violation of this chapter or nonconformity with any
rule
or
order

promulgated

issued

under
this chapter. There shall be no revocation of a compliance agreement,
registration, certificate, or permit until the compliance agreement
holder, registrant, or certificate or permit holder first is given an
opportunity for a hearing by the director in regard thereto in
accordance with sections 119.01 to 119.13 of the Revised Code. An
appeal may be taken from the action of the director in revocation of
a compliance agreement, registration, certificate, or permit to the
court of common pleas as provided in section 119.12 of the Revised
Code.

Sec.
909.14.
The
director of agriculture may publish an annual report and such other
information concerning the inspection of bees, or bee diseases, as

he
the
director

deems necessary to the carrying out of sections 909.01 to 909.18,
inclusive, of the Revised Code.
He
The
director

shall, from time to time, publish all
rules
or
orders

promulgated

issued

under
such section.

Sec.
909.18.
No
person shall violate sections 909.01 to 909.18, inclusive, of the
Revised Code, or any
rule
or
order
of the director of agriculture
promulgated

issued

under
such sections in accordance with sections 119.01 to 119.13,
inclusive, of the Revised Code.

Sec.
909.99.
(A)(1)
Whoever violates
sections
909.03 and
section

909.10
of the Revised Code is guilty of a misdemeanor of the third degree on
a first offense; on each subsequent offense, the person is guilty of
a misdemeanor of the second degree.

(2)
Any person who violates division (D) of section 909.10 of the Revised
Code also shall not be remunerated for the eradication of
his
the
person's

Africanized honey bees.

(B)
Whoever violates any section of Chapter 909. of the Revised Code for
which no penalty otherwise is provided is guilty of a misdemeanor of
the fourth degree on a first offense; on each subsequent offense, the
person is guilty of a misdemeanor of the third degree.

Sec.
911.06.
The
director of agriculture may, by rule, establish such exemptions as
may be necessary to facilitate the sale of any accumulated or unsold
stocks of wholesome bakery products
,
and may establish exemptions in other cases not inconsistent with
sections 911.01 to 911.20, inclusive, of the Revised Code
.

Sec.
911.19.
The

For
purposes of section 911.18 of the Revised Code, the
director
of agriculture shall
prescribe
such rules and regulations as are necessary to enforce section 911.18
of the Revised Code, including
adopt
rules establishing
reasonable
tolerances or variations within which all weights shall be kept. The
tolerances or variations shall not exceed one ounce per pound under
the standard unit for single loaves. The tolerance permitted in the
weighing of twenty-five or more loaves shall not exceed one-half
ounce per pound. The director, and under
his
the

direction
of
the director
,
the local sealers of weights and measures, shall enforce this
section. Before any prosecution is begun under this section, the
parties against whom the complaint is made shall be notified and be
given an opportunity to be heard by the director.

Sec.
911.34.
(A)
The director of agriculture shall enforce sections 911.31 to 911.35,
inclusive, of the Revised Code, and shall make, amend, or rescind

rules,
regulations, and
orders
for the efficient enforcement of such sections.

(B)
Whenever the vitamin and mineral requirements of such sections no
longer conform with the legally established standards governing the
interstate shipment of enriched flour and enriched white bread or
enriched rolls, the director, in order to maintain uniformity between
intrastate and interstate vitamin and mineral requirements for the
foods within such sections, shall modify or revise such requirements
to conform with amended standards governing interstate shipments. The
director shall report any revisions in vitamin and mineral
requirements to the legislature.

(C)
If the director finds there is an existing or imminent shortage of
any ingredient required by sections 911.31 to 911.35, inclusive, of
the Revised Code, and that because of such shortage the sale and
distribution of flour, white bread, or rolls may be impeded by the
enforcement of such sections,
he
the
director

shall issue an order, to be effective immediately, permitting the
omission of such ingredient from flour, white bread, or rolls; if it
is necessary or appropriate,
he
the
director

may except such foods from labeling requirements until the further
order of the director. Any such findings may be made without a
hearing, on the basis of an order or of factual information supplied
by the appropriate federal agency or officer. In the absence of any
such order of the appropriate federal agency or factual information
supplied by it, the director on
his
the
director's

own motion may, and upon receiving the sworn statements of ten or
more persons subject to such sections that such persons believe such
a shortage exists or is imminent, the director shall, within twenty
days, hold a public hearing with respect to such shortage at which
hearing any interested person may present evidence. The director
shall make findings based upon the evidence presented. The director
shall publish notice of any such hearing at least ten days prior to
the hearing.

If
the director believes that such shortage no longer exists,
he
the
director

shall hold a public hearing, after at least ten days' notice has been
given, at which any interested person may present evidence, and the
director shall make findings based upon the evidence so presented.
If
he finds
After
finding

that such shortage no longer exists,
he
the
director

shall issue an order to become effective not less than thirty days
after publication of such order, revoking the previous order.
Undisposed floor stocks of flour on hand at the effective date of
such revocation order, or flour manufactured prior to such effective
date, for sale in this state, may be sold or disposed of after such
effective date.

(D)
All orders
,
rules, and regulations adopted

issued

by
the director under sections 911.31 to 911.35
,
inclusive,

of the Revised Code, shall be published in the manner prescribed in
division (E) of this section, and, within the limits specified by
such sections, shall become effective upon the date fixed by the
director.

(E)
Whenever publication of any notice
,

or

order
,
rule, or regulation

is required by such sections, such publication shall be made at least
three times in at least one daily newspaper of general circulation
printed and published in this state.

(F)
The director, or such officers or employees
under
his supervision
of
the department of agriculture

as
he
the
director

designates, may take samples for analysis and conduct examinations
and investigations, and enter, at reasonable times, any factory,
mill, bakery, warehouse, shop, or establishment where flour, white
bread, or rolls are manufactured, processed, packed, sold, or held,
or any vehicle being used for the transportation of such products,
and inspect any such place or vehicle, any flour, white bread, or
rolls in such place or vehicle, and all pertinent equipment,
materials, containers, and labeling.

Sec.
913.28.
The
director of agriculture shall enforce sections 913.01 to 913.05 and
913.22 to 913.26 of the Revised Code
,
and the director shall adopt rules as the director considers
necessary for the administration and enforcement of such sections
.

Sec.
913.99.
(A)
Whoever violates sections 913.01 to 913.05 of the Revised Code is
guilty of a misdemeanor of the first degree.

(B)
Whoever violates sections 913.22 to
913.28

913.27

of
the Revised Code shall be fined not more than one hundred dollars for
a first offense; for a subsequent offense such person shall be fined
not more than one hundred dollars or imprisoned not more than ninety
days, or both; for a third offense such person's license shall be
revoked.

(C)
Whoever violates section 913.41 of the Revised Code shall be fined
not less than fifty nor more than two hundred dollars for a first
offense; for each subsequent offense such person shall be fined not
less than one hundred nor more than three hundred dollars or
imprisoned not less than thirty nor more than one hundred days, or
both.

Sec.
915.12.
The
director of agriculture shall enforce sections 915.01 to 915.12,
inclusive, of the Revised Code
,
and shall make all rules and regulations necessary for the
enforcement of such sections
.

Sec.
915.16.
The
license fee for an establishment is two hundred dollars. Any operator
operating in connection with a cold-storage warehouse holding a
license under section 915.02 of the Revised Code is not required to
secure an additional license under section 915.15 of the Revised Code
so long as the operator continues to be licensed as a cold-storage
warehouse; but the operator shall comply with sections 915.14 to
915.24 of the Revised Code
,
and all rules and regulations promulgated thereunder
.
The license issued shall be in such form as the department of
agriculture prescribes. Licenses shall be valid until the last day of
November following initial issuance or renewal and shall become
invalid on that date unless renewed. The original license or a
certified copy thereof shall be conspicuously displayed by the
operator in the establishment.

Sec.
915.17.
Upon
receipt of the application for a license accompanied by the required
fee, the department of agriculture shall inspect the establishment to
be licensed and if it finds that such establishment, its equipment,
facilities, surrounding premises, and operations comply with sections
915.14 to 915.24 of the Revised Code

and the applicable rules adopted thereunder
,
and that the establishment is being operated under proper sanitary
conditions and in conformity with sanitary regulations adopted by the
director of agriculture under authority of section 3715.02 of the
Revised Code, the department shall issue such license. The persons
designated by the department to make such inspection shall be persons
having practical knowledge of the operation of cold-storage plants
and establishments and the storage of food therein, and shall be
thoroughly familiar with such sections

and the applicable rules of the department
.
The department shall inspect all licensed establishments at least
once each six months and may make such additional inspections as the
department deems necessary. The director and
his
the
director's

representatives shall have access to establishments at all reasonable
times for the purpose of making such inspections.

Sec.
915.23.
The
department of agriculture, after notice and hearing, held in
accordance with the provisions of sections 119.01 to 119.13,
inclusive, of the Revised Code may refuse to issue or may revoke the
license for any establishment, or the authority for any establishment
to operate as such by virtue of holding a cold-storage warehouse
license under sections 915.02 of the Revised Code, for failure to
comply with sections 915.14 to 915.24, inclusive, of the Revised
Code
,
or any rule or regulation of the department
.
Before refusing to issue or revoking any license the department shall
send the licensee notice of such hearing by registered or certified
mail not less than ten days before the hearing and shall afford such
licensee an opportunity to be heard in person or by attorney with
respect thereto at a time and place specified in such notice.

In
event any license is revoked, the department may permit the continued
operation of the establishment involved upon such conditions or under
such supervision as the department may prescribe for a period of not
to exceed six months, in order to enable patrons to remove any food
stored therein, but during such period no additional food shall be
received or stored in such establishment.

Sec.
918.04.
The
director of agriculture shall, in accordance with Chapter 119. of the
Revised Code, adopt and enforce rules
that
are necessary to administer
for
purposes of
sections
918.01 to 918.11 of the Revised Code
.
The rules shall
that

meet

or
exceed
the
federal standards for meat inspection established in Title 9 of the
Code of Federal Regulations.

Sec.
918.12.
(A)
An establishment, as defined in section 918.01 of the Revised Code,
that slaughters or otherwise prepares meat of bison, cervidea, other
bovidea, camelidae and hybrids thereof, ratites, domestic rabbits,
monitored captive deer, captive deer with status, or captive deer
with certified chronic wasting disease status as defined in section
943.01 of the Revised Code, domestic deer as defined in section
1531.01 of the Revised Code, or other animals determined by the
director of agriculture by rule for human food purposes may receive
voluntary state inspection, as defined in division (B) of section
918.01 of the Revised Code, if the establishment complies with
sections 918.01 to 918.11 of the Revised Code and the rules adopted
under those sections for establishments that slaughter or otherwise
prepare for food purposes other animals and if the establishment
complies with division (C) of this section.

(B)
The owner of an establishment, as defined in section 918.21 of the
Revised Code, who slaughters or otherwise prepares the meat of
pheasant, quail, partridge, peafowl, grouse, captive raised wild
turkey, captive raised waterfowl, or other poultry determined by the
director by rule may receive voluntary state inspection as defined in
division (I) of section 918.21 of the Revised Code and the rules
adopted under those sections for establishments that slaughter or
otherwise prepare for food purposes other poultry and if the
establishment complies with division (C) of this section and sections
918.21 to 918.28 of the Revised Code.

(C)
An establishment that receives voluntary state inspection under
division (A) or (B) of this section shall pay the costs of the
inspection at a rate and under terms

as

established by rule of the director of agriculture
adopted

in
accordance with
section
918.04
Chapter
119.
of
the Revised Code.

Sec.
918.25.
The
director of agriculture shall, in accordance with Chapter 119. of the
Revised Code, adopt and enforce rules
as
necessary for the implementation, administration, and enforcement
for
purposes
of
sections 918.21 to 918.31 of the Revised Code
.
The rules shall
that

meet

or
exceed
the
federal standards for meat inspection established in Title 9 of the
Code of Federal Regulations
.
The rules adopted under this section shall
and
that
provide
for the protection of the public health, safety, and welfare and for
maximum coordination and cooperation between state and federal
programs for regulation of poultry and poultry products, and may
include the following:

(A)
Exemption of certain products as "poultry products" under
the definition in section 918.21 of the Revised Code;

(B)
Provision for the retention, identification, and disposal of
condemned poultry and poultry products and for the identification of
approved products;

(C)
Sanitary requirements for premises, facilities, and equipment, for
the operation thereof, and for the storage and handling of poultry
and poultry products in establishments licensed under section 918.28
of the Revised Code. The rules pertaining to sanitary conditions
shall conform with the sanitation standard operating procedures in
Title 9 of the Code of Federal Regulations and shall require that an
establishment be evaluated by determining its compliance with those
procedures.

(D)
Requirements for maintenance of records under section 918.24 of the
Revised Code;

(E)
Procedures for application and licensing, and the revocation and
suspension of licenses;

(F)
Requirements for marking and attaching the information required by
section 918.31 of the Revised Code, including specific styles,
legibility and size of type, method of affixing, variations, and
exemptions;

(G)

Such
other rules as are necessary for the proper administration,
implementation, and enforcement of sections 918.21 to 918.31 of the
Revised Code, including rules
Rules

requiring
that an inspection of an establishment's slaughter and processing
operations be conducted in accordance with the establishment's hazard
analysis critical control point plan. In addition, the rules shall
require that if an establishment does not have a plan for a
particular production process under its hazard analysis critical
control point plan as required in rules, the poultry product of the
process may be considered to be adulterated and shall be retained
pending a production process review and not allowed to be labeled
with an official mark.

Sec.
918.42.
If
the director of agriculture decides to establish a state acceptance
service,
he
the
director

shall adopt
and
enforce and may amend and rescind rules, in accordance with Chapter
119. of the Revised Code necessary for the implementation,
administration, and enforcement of this section and sections 918.41
and 918.43 of the Revised Code. The
rules

shall

to

provide
for the efficient operation of the state acceptance service

and
.
The rules
may
include the following:

(A)
The fees and rates to be charged to the vendors and establishments
for the state acceptance service. The charges shall be established on
an hourly basis, and the time chargeable to a vendor or establishment
shall include the travel time of the state acceptor as well as the
time spent doing acceptance work at the establishment. Mileage, per
diem, and laboratory sampling charges also may be assessed as
necessary. The charges shall be established in an amount sufficient
to defray the cost of employing state acceptors and administering the
state acceptance program.

(B)
The conditions under which vendors or authorized representatives at
establishments shall present meat products and poultry products, as
defined in sections 918.01 and 918.21 of the Revised Code, for
examination by a state acceptor;

(C)
Provision for a means of random sampling and analyzing of meat
products and poultry products supplied under state purchase
contracts;

(D)
Procedures for investigating complaints from the staff and clientele
of state institutions about meat products and poultry products
purchased under state purchase contracts and for removal from the
approved meat and poultry vendors list of any vendor, or for the
suspension or revocation of the license of any establishment, that
supplies meat products or poultry products that do not comply with
state purchase contract specifications or are unwholesome as defined
in section 918.21 of the Revised Code, adulterated or misbranded as
defined in section 918.01 of the Revised Code, or who do not pay
state acceptance service charges within thirty days after receipt of
written notice that the charges are due;

(E)
A code of conduct for state acceptors.

Sec.
918.44.
(A)
The director of agriculture may enter into an agreement with the
United States department of agriculture authorizing employees of the
department of agriculture to provide the federal meat grading and
certification service to grade and certify meat, poultry, meat
products, and poultry products in the state. The agreement shall
comply with sections 125.111 and 126.07 of the Revised Code.

(B)
If the director enters into an agreement pursuant to division (A) of
this section,
he
the
director

shall appoint the employees of the department of agriculture to be
trained and licensed by the United States department of agriculture
as meat graders. The director
may

shall

adopt
rules in accordance with Chapter 119. of the Revised Code
as
he determines necessary for the effective administration of this
section. The rules shall include
that
establish
the
duties and responsibilities required of the graders, the method of
assessing fees and collecting payments for the services provided,
requirements for supervision of the graders, the maintenance of
records of receipts from work performed by the graders and any other
records necessary to maintain, and procedures for suspending and
revoking a grader's license.

Sec.
918.99.
(A)
Whoever violates division (D) or (F) of section 918.02, division (A)
or (B) of section 918.11, or section 918.03, 918.05, 918.06, 918.08,
918.12, 918.24, 918.26, 918.30, or 918.31 of the Revised Code, or any
rules adopted under section 918.04
,
918.11,

or 918.25 of the Revised Code is guilty of a misdemeanor of the
fourth degree; on a second offense and each subsequent offense, such
person is guilty of a misdemeanor of the second degree.

(B)
Whoever violates division (C) of section 918.11 or division (C) of
section 918.31 of the Revised Code is guilty of a felony of the fifth
degree.

Sec.
921.16.
(A)
The director of agriculture shall adopt rules
the
director determines necessary for the effective enforcement and
administration of this chapter. The rules may
that

relate
to
,
but are not limited to,

the time, place, manner, and methods of application, materials, and
amounts and concentrations of application of pesticides
,
.
The director

may
adopt
rules that
restrict
or prohibit the use of pesticides in designated areas during
specified periods of time
,
and shall encompass all reasonable factors that the director
determines necessary to minimize or prevent damage to the
environment
.
In addition, the rules shall establish the deadlines and time periods
for registration, registration renewal, late registration renewal,
and failure to register under section 921.02 of the Revised Code; the
fees for registration, registration renewal, late registration
renewal, and failure to register under section 921.02 of the Revised
Code that shall apply until the fees that are established under that
section take effect on January 1, 2007; and the fees, deadlines, and
time periods for licensure and license renewal under sections 921.06,
921.09, 921.11, and 921.13 of the Revised Code.

(B)
The director shall adopt rules that establish a schedule of civil
penalties for violations of this chapter, or any rule or order
adopted or issued under it, provided that the civil penalty for a
first violation shall not exceed five thousand dollars and the civil
penalty for each subsequent violation shall not exceed ten thousand
dollars. In determining the amount of a civil penalty for a
violation, the director shall consider factors relevant to the
severity of the violation, including past violations and the amount
of actual or potential damage to the environment or to human beings.
All money collected under this division shall be credited to the
pesticide, fertilizer, and lime program fund created in section
921.22 of the Revised Code.

(C)
The director shall adopt rules that set forth the conditions under
which the director:

(1)
Requires that notice or posting be given of a proposed application of
a pesticide;

(2)
Requires inspection, condemnation, or repair of equipment used to
apply a pesticide;

(3)
Will suspend, revoke, or refuse to issue any pesticide registration
for a violation of this chapter;

(4)
Requires safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers;

(5)
Ensures the protection of the health and safety of agricultural
workers storing, handling, or applying pesticides, and all residents
of agricultural labor camps, as that term is defined in section
3733.41 of the Revised Code, who are living or working in the
vicinity of pesticide-treated areas;

(6)
Requires a record to be kept of all pesticide applications made by
each commercial applicator and of all general use applications made
by any trained serviceperson acting under the commercial applicator's
direct supervision and of all restricted use pesticide applications
made by each private applicator as required under section 921.14 of
the Revised Code;

(7)
Determines the pesticide-use categories of diagnostic inspections
that must be conducted by a commercial applicator;

(8)
Requires a record to be kept of all diagnostic inspections conducted
by each commercial applicator and by any trained service person.

(D)
The director shall prescribe standards for the licensure of
applicators of pesticides consistent with those prescribed by the
federal act and the regulations adopted under it or prescribe
standards that are more restrictive than those prescribed by the
federal act and the regulations adopted under it. The standards may
relate to the use of a pesticide or to an individual's pesticide-use
category.

The
director shall take into consideration standards of the United States
environmental protection agency.

(E)
The director may adopt rules setting forth the conditions under which
the director will:

(1)
Collect and examine samples of pesticides or devices;

(2)
Specify classes of devices that shall be subject to this chapter;

(3)
Prescribe other necessary registration information.

(F)
The director may adopt rules that do either or both of the following:

(1)
Designate, in addition to those restricted uses so classified by the
administrator of the United States environmental protection agency,
restricted uses of pesticides for the state or for designated areas
within the state and, if the director considers it necessary, to
further restrict such use;

(2)
Define what constitutes "acting under the instructions and
control of a commercial applicator" as used in the definition of
"direct supervision" in division (Q) of section 921.01 of
the Revised Code. In adopting a rule under division (F)(2) of this
section, the director shall consider the factors associated with the
use of pesticide in the various pesticide-use categories. Based on
consideration of the factors, the director may define "acting
under the instructions and control of a commercial applicator"
to include communications between a commercial applicator and a
trained serviceperson that are conducted via landline telephone or a
means of wireless communication. Any rules adopted under division
(F)(2) of this section shall be drafted in consultation with
representatives of the pesticide industry.

(G)
Except as provided in division (D) of this section, the director
shall not adopt any rule under this chapter that is inconsistent with
the requirements of the federal act and regulations adopted
thereunder.

(H)
The director, after notice and opportunity for hearing, may declare
as a pest any form of plant or animal life, other than human beings
and other than bacteria, viruses, and other microorganisms on or in
living human beings or other living animals, that is injurious to
health or the environment.

(I)
The director may make reports to the United States environmental
protection agency, in the form and containing the information the
agency may require.

(J)
The director shall adopt rules for the application, use, storage, and
disposal of pesticides if, in the director's judgment, existing
programs of the United States environmental protection agency
necessitate such rules or pesticide labels do not sufficiently
address issues or situations identified by the department of
agriculture or interested state agencies.

(K)
The director shall adopt rules establishing all of the following:

(1)
Standards, requirements, and procedures for the examination and
re-examination of commercial applicators and private applicators;

(2)
With respect to training programs that the director may require
commercial applicators and private applicators to complete:

(a)
Standards and requirements that a training program must satisfy in
order to be offered by the director or the director's representative
or in order to be approved by the director if a third party wishes to
offer it;

(b)
Eligibility standards and requirements that must be satisfied by
third parties who wish to provide the training programs;

(c)
Procedures that third parties must follow in order to submit a
proposed training program to the director for approval;

(d)
Criteria that the director must consider when determining whether to
authorize a commercial applicator or private applicator to
participate in a training program instead of being required to pass a
re-examination.

(3)
Training requirements for a trained serviceperson.

(L)
The director shall adopt all rules under this chapter in accordance
with Chapter 119. of the Revised Code.

Sec.
921.26.
(A)
The penalties provided for violations of this chapter do not apply to
any of the following:

(1)
Any carrier while lawfully engaged in transporting a pesticide or
device within this state, if that carrier, upon request, permits the
director of agriculture to copy all records showing the transactions
in the movement of the pesticides or devices;

(2)
Public officials of this state and the federal government, other than
commercial applicators employed by the federal government, the state,
or a political subdivision, while engaged in the performance of their
official duties in administering state or federal pesticide laws or
rules, or while engaged in pesticide research;

(3)
The manufacturer or shipper of a pesticide for experimental use only
by or under supervision of an agency of this state or of the federal
government authorized by law to conduct research in the field of
pesticides, provided that the manufacturer or shipper is not required
to obtain an experimental use permit from the United States
environmental protection agency;

(4)
The manufacturer or shipper of a substance being tested in which its
purpose only is to determine its value for pesticide purposes or to
determine its toxicity or other properties, and from which the user
does not expect to receive any benefit in pest control from its use;

(5)
Persons conducting laboratory research involving pesticides;

(6)
Persons who incidentally use pesticides. The incidental use shall
involve only the application of general use pesticides. If a person
incidentally uses a pesticide, the pesticide shall be applied in
strict accordance with the manufacturer's label for general use
purposes. If further applications are necessary following the
incidental use application, a pesticide applicator shall apply the
pesticide.

(B)
No pesticide or device shall be considered in violation of this
chapter when intended solely for export to a foreign country, and
when prepared or packed according to the specifications or directions
of the purchaser. If the pesticide or device is not so exported, this
chapter applies.

(C)(1)
No person who is licensed, regulated, or registered under section
921.02, 921.03, 921.06, 921.09, 921.11, or 921.13 of the Revised Code
shall be required to obtain a license or permit to operate or to be
otherwise regulated in such capacity by any local ordinance, or to
meet any other condition except as otherwise provided by statute or
rule of the United States or of this state.

(2)
No political subdivision shall regulate or ban the packaging,
registration, labeling, sale, storage, distribution, use, or
application of a pesticide registered under section 921.02 of the
Revised Code on private property, including private property that is
open to the public. As used in this section, "political
subdivision" has the same meaning as in section 905.503 of the
Revised Code.

(D)
Section 921.09 of the Revised Code does not apply to an individual
who uses only ground equipment for the individual or for the
individual's neighbors, provided that the individual meets all of the
following requirements:

(1)
Is licensed under section 921.11 of the Revised Code;

(2)
Operates farm property and operates and maintains pesticide
application equipment primarily for the individual's own use;

(3)
Is not regularly engaged in the business of applying pesticides for
hire or does not publicly hold oneself out as a pesticide applicator
;

(4)
Meets any other requirement established by rule
.

(E)
Section 921.06 of the Revised Code relating to licenses and
requirements for their issuance does not apply to licensed physicians
or veterinarians applying pesticides to human beings or other animals
during the normal course of their practice, provided that they are
not regularly engaged in the business of applying pesticides for hire
amounting to a principal or regular occupation or do not publicly
hold themselves out as commercial applicators.

(F)
Division (S) of section 921.24 of the Revised Code does not apply to
a pesticide dealer who distributes restricted use pesticides to a
nonresident who is licensed in another state having a state plan
approved by the United States environmental protection agency.

Sec.
923.43.
(A)
Except as otherwise provided in division (B) of this section for a
customer-formula feed, a commercial feed distributed in this state
shall be labeled with the following information:

(1)
Net weight of contents, which may be stated in metric units in
addition to avoirdupois weight;

(2)
Product name, and brand name if any, under which the feed is
distributed;

(3)
Name and principal address of the manufacturer or distributor;

(4)
Guaranteed analysis of the feed stated in terms that the director of
agriculture, by rule, determines are required to advise the user of
the composition of the feed or to support claims made in the
labeling. In all cases, the substances or elements shall be
determinable by laboratory methods published by the association of
official analytical chemists.

(5)
Common name of each ingredient used in the manufacture of the feed.
The director, by rule, may permit the use of a collective term for a
group of ingredients all of which perform the same function or
eliminate the listing of feed ingredients when it no longer serves a
useful purpose.

(6)
Directions for the safe and effective use of any feed that contains
any drug and for any other feed that the director, by rule,
determines to require such directions
;

(7)
Any precautionary statements that the director, by rule, determines
are necessary for the safe and effective use of the feed
.

(B)
A customer-formula feed distributed in this state shall be labeled
with the following information:

(1)
Name and principal address of the manufacturer;

(2)
Name and address of the purchaser;

(3)
Date of delivery;

(4)
Product name, and brand name if any, of each commercial feed and all
other ingredients used in the mixture;

(5)
Net weight of each commercial feed used and of any other feed
ingredient used;

(6)
Directions for the safe and effective use of any customer-formula
feed that contains any drug and for any other customer-formula feed
that the director, by rule, determines to require such directions;

(7)
If a drug-containing product is used, a statement of the purpose of
the drug, the established name of each active drug ingredient, and
the amount of each drug used in the final mixture
;

(8)
Any precautionary statements that the director, by rule, determines
are necessary for the safe and effective use of the customer-formula
feed
.

(C)
Upon the request of the director, each manufacturer or distributor
shall furnish the director with the label for any commercial feed

he
the
manufacturer or distributor

distributes in this state.

Sec.
923.50.
(A)

The
director of agriculture

shall adopt, and may amend or rescind, rules in accordance with
Chapter 119. of the Revised Code as necessary to carry out the
purposes of this chapter.

(B)
The director
,
by reference, may adopt

in accordance with Chapter 119. of the Revised Code
:

(1)
(A)

The official definitions of feed ingredients and official feed terms
adopted and published by the association of American feed control
officials;

(2)
(B)

Rules promulgated pursuant to the federal act.

Sec.
924.02.
The
director of agriculture, subject to sections 924.01 to 924.16 and
Chapter 119. of the Revised Code, shall do all of the following:

(A)
Establish procedures by which producers of Ohio agricultural
commodities may propose, develop, and operate marketing programs to:

(1)
Promote the sale and use of their products;

(2)
Develop new uses and markets for such products;

(3)
Improve the methods of distributing such products to consumers;

(4)
Standardize the quality of such products for specific uses.

(B)

Adopt
and enforce rules to put into effect the intent of sections 924.01 to
924.16 of the Revised Code;

(C)

Except
as provided in section 924.06 of the Revised Code, determine the
eligibility of producers to participate in referendums and other
procedures that may be required to establish marketing programs for
agricultural commodities.

Sec.
924.20.
As
used in sections 924.20 to 924.30 of the Revised Code:

(A)
"Grain" means wheat, barley, rye, or oats.

(B)
"Handler" means a person who is in the business of
agricultural commodity handling, as defined in section 926.01 of the
Revised Code, of grain.

(C)
"Producer" means a person who is in the business of
producing, or causing to be produced, grain for commercial sale.

(D)
"Rule" means a rule adopted under section 924.25 of the
Revised Code.

Sec.
924.21.
There
is hereby established a grain marketing program. The program shall be
administered in accordance with sections 924.20 to 924.30 of the
Revised Code

and rules
.

Sec.
924.211.
(A)
There is hereby established the soybean marketing program. Except as
provided under divisions (B) and (C) of this section, the procedures,
requirements, and other provisions that are established under
sections 924.20 to 924.30 of the Revised Code

and rules

that apply to the grain marketing program shall apply to the soybean
marketing program. For purposes of that application, references in
those sections to "grain" are deemed to be replaced with
references to "soybeans."

(B)
The soybean marketing program operating committee shall consist of
eighteen members. Fourteen of those members shall be elected in
accordance with section 924.22 of the Revised Code. The director of
agriculture shall appoint the remaining four members, who shall be
from the united soybean board from this state. The appointed members
of the board shall be voting members of the committee.

(C)
With regard to the levying of assessments under section 924.26 of the
Revised Code, the assessment on soybeans shall be one-half of one per
cent of the per-bushel price of soybeans at the first point of sale.
However, if assessments are levied under the national soybean
checkoff program created by the "Soybean Promotion, Research,
and Consumer Information Act," 104 Stat. 3881 (1990), 7 U.S.C.
6301 et seq., no assessments shall be levied for purposes of the
soybean marketing program established under this section.

Sec.
924.22.
(A)
For the purposes of sections 924.20 to 924.30 of the Revised Code,
the director of agriculture shall hold an election to determine the
membership of a grain marketing program operating committee in
accordance with rules

adopted under division (F) of this section
.
The election shall be for nine members of the operating committee.

(B)
Not later than one hundred twenty days after
the
effective date of this section
March
24, 2008
,
the director shall accept the names of persons as nominees to serve
on the operating committee. In accepting nominations and placing
names on the ballot, the director shall follow the procedures
established in rules

adopted under division (F) of this section
.

(C)
Not later than one hundred eighty days after
the
effective date of this section
March
24, 2008
,
the director shall hold an election to determine the membership of
the operating committee. In the election, eligible producers may cast
votes in person at or mail ballots to polling places designated by
the director. The director shall establish a three-day period during
which eligible producers may vote in person during normal business
hours at the designated polling places. The director or another
appropriate person shall send a ballot by ordinary first-class mail
to an eligible producer who requests one by calling the toll-free
telephone number or submitting the ballot request form provided for
in division (D) of this section, by calling one of the designated
polling places, or by any additional method that the director may
provide. A ballot returned by mail is not valid if it is postmarked
later than the third day of the election period established by the
director.

(D)
For the purposes of an election of members of the grain marketing
program operating committee, the director shall cause a ballot
request form to be published at least thirty days before the
beginning of the election period established in accordance with
division (C) of this section in at least two appropriate periodicals
designated by the director and shall make the form available for
reproduction to any interested group or association. The director
also shall provide a toll-free telephone number that producers may
call to request a ballot.

(E)
Following the election of the initial members of the operating
committee, the director shall hold subsequent elections in order to
maintain the membership of the operating committee as provided in
rules

adopted under division (F) of this section
.
The elections shall be held in the manner established in this section
and rules for the election of initial members.

(F)

Persons
elected to the grain marketing program operating committee shall hold
office in accordance with
The
director shall adopt
rules

in accordance with Chapter 119. of the Revised Code governing all of
the following:

(1)
The procedures to determine the membership of a grain marketing
program operating committee;

(2)
The procedures for accepting nominations and placing names on the
ballot;

(3)
The procedures for holding subsequent elections in order to maintain
the membership of the operating committee;

(4)
The duties of any persons elected to the grain marketing program
operating committee
.

Sec.
924.24.
(A)
The grain marketing program operating committee shall do all of the
following:

(1)
Hire personnel and contract for services that are necessary for the
operation of the grain marketing program;

(2)
Promote the sale of grain for the purpose of maintaining and
expanding present markets and creating new and larger intrastate,
interstate, and foreign markets for grain, and inform the public of
the uses and benefits of grain;

(3)
Establish requirements and procedures for the collection of
assessments that the operating committee is required to levy under
section 924.26 of the Revised Code, including the method and
frequency of collection;

(4)
Establish procedures to be used by a person who wishes to file for a
refund of the person's assessment that is levied under section 924.26
of the Revised Code;

(5)
Perform all acts and exercise all powers incidental to, in connection
with, or considered reasonably necessary, proper, or advisable to
effectuate the purposes of sections 924.20 to 924.30 of the Revised
Code.

(B)
The operating committee may do any or all of the following:

(1)
Conduct, and contract with others to conduct, research, including the
study, analysis, dissemination, and accumulation of information
obtained from the research or elsewhere, concerning the marketing and
distribution of grain, the storage, processing, and transportation of
grain, and the production and product development of grain;

(2)
Provide the wholesale and retail grain trade with information
relative to proper methods of handling and selling grain;

(3)
Conduct, and contract with others to conduct, market surveys and
analyses, undertake any other similar activities that it determines
are appropriate for the maintenance and expansion of present markets
and the creation of new and larger markets for grain, and enter into
contracts, in the name of the committee, to render service in
formulating and conducting plans and programs and other contracts or
agreements that the committee considers necessary for the promotion
of the sale of grain;

(4)
Publish and distribute to producers and others information relating
to the grain industry;

(5)

Propose to the director of agriculture rules and amendments to rules
that are necessary for the exercise of its powers and the performance
of its duties;

(6)

Establish priorities and prepare and approve a budget consistent with
estimated resources and the scope of the grain marketing program;

(7)
(6)

Receive and investigate, or cause to be investigated, complaints
concerning and violations of the grain marketing program. The
operating committee shall refer any violations to the director for
action under section 924.29 of the Revised Code.

Sec.
924.25.
(A)

The
director of agriculture shall monitor the activities of the grain
marketing program operating committee to ensure all of the following:

(1)
(A)

The grain marketing program is self-supporting.

(2)
(B)

The operating committee keeps all records that are required for
agencies of the state.

(3)
(C)

The program's operations comply with
all

both

of
the following:

(a)
(1)

The provisions of the program;

(b)
Rules;

(c)
(2)

Sections 924.20 to 924.30 of the Revised Code.

(4)
(3)

Administrative activities of the committee are coordinated with those
of the department of agriculture.

(B)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary to carry out the purposes of sections
924.20 to 924.30 of the Revised Code.

Sec.
924.29.
The
director of agriculture may institute an action at law or in equity
that appears necessary to enforce compliance with sections 924.20 to
924.30 of the Revised Code
,

rules,

or the grain marketing program that is established in compliance with
those sections

and rules
.

Sec.
924.41.
A
marketing agreement that is executed in compliance with and pursuant
to sections 924.40 to 924.45 of the Revised Code for the purpose of
the voluntary participation of persons who are signatories to the
agreement may provide for the establishment and regulation of one or
more of the following:

(A)
Standards of production for an agricultural commodity, including
growing and handling practices, provided that the standards are
equivalent to or more stringent than standards of production for that
agricultural commodity that are established in the laws of this state
or federal law;

(B)
Standards for the establishment and use of a logo, trademark, or
brand associated with an agricultural commodity, provided that the
standards do not violate the laws of this state or federal law;

(C)
Collection of fees for services provided pursuant to the marketing
agreement
;

(D)
Any other topic that the director of agriculture may allow by rule
.

Sec.
924.42.
(A)
Producers of an agricultural commodity in this state may present to
the director of agriculture a petition signed by at least two hundred
or twenty-five per cent of all the producers of that agricultural
commodity in this state, whichever is less, requesting the director
to approve a marketing agreement for that agricultural commodity.

(B)
A petition submitted under division (A) of this section shall include
all of the following:

(1)
A document that creates and identifies a provisional board of
directors for the purpose of facilitating the execution of the
proposed marketing agreement, which shall consist of at least three,
but not more than five producers of the agricultural commodity that
is the subject of the proposed marketing agreement;

(2)
A proposed marketing agreement that at a minimum contains a
description of all of the following:

(a)
The affected agricultural commodity or the region of the state
concerning the agricultural commodity that is the subject of the
proposed marketing agreement;

(b)
Any standards that will be adopted under the proposed marketing
agreement;

(c)
Procedures by which the proposed marketing agreement may be amended;

(d)
The length of time that the proposed marketing agreement will be in
effect;

(e)
The size and composition of a board of directors that will be
established under the marketing agreement for the purpose of
administering the agreement;

(f)
The method by which the members of the board of directors that will
be established under the marketing agreement will be elected;

(g)
The estimated costs to and rate of assessment to be made on each
person who is a signatory to the marketing agreement for purposes of
membership, inspections, or other services provided by the board of
directors under the marketing agreement in conjunction with the
person's participation in the marketing agreement;

(h)
The minimum number of producers that are necessary for the marketing
agreement to be financially self-supporting
;

(i)
Any other information that the director may require by rule
.

(3)
An unbiased and accurate summary of the proposed marketing agreement.

(C)
The petitioners shall include with the petition submitted under
division (A) of this section all of the following:

(1)
A current list of producers of the agricultural commodity or in the
region of the state concerning the agricultural commodity that is the
subject of the proposed marketing agreement. The list may be created
from existing records or records that are available from any reliable
source.

(2)
An administration fee of five hundred dollars or another amount that
the director determines is necessary to pay the costs of the director
of notifying all known producers of the affected agricultural
commodity or in the region of the state concerning the agricultural
commodity that is the subject of the proposed marketing agreement and
the costs of conducting the public meeting that is required in
section 924.43 of the Revised Code concerning the proposed marketing
agreement;

(3)
Information that demonstrates that the producers of the agricultural
commodity or in the region of the state concerning the agricultural
commodity that is the subject of the proposed marketing agreement
have sufficient money to pay the costs of a board of directors to
administer the marketing agreement and to pay the costs of
administration and enforcement of the marketing agreement.

Sec.
924.44.
A
marketing agreement submitted by a provisional board of directors
under section 924.43 of the Revised Code at a minimum shall contain
terms that establish all of the following:

(A)
The identification of the agricultural commodity or of the region of
the state concerning the agricultural commodity that is the subject
of the marketing agreement;

(B)
Standards, if any, of production for the agricultural commodity or of
marketing that will apply to each producer that signs the marketing
agreement;

(C)
Standards for the use of a logo, trademark, or brand associated with
the agricultural commodity;

(D)
The length of time that the marketing agreement will be in effect,
whether the marketing agreement may be renewed, and, if so,
procedures for renewal;

(E)
Procedures by which the marketing agreement may be amended. The
procedures shall require the approval of the director of agriculture
and of at least a majority of the producers that are signatories to
the marketing agreement in order for an amendment to be effective.

(F)
The size and composition of a board of directors that will administer
the marketing agreement;

(G)
Procedures for the election of members of the board of directors;

(H)
The lengths of terms of members of the board of directors and
conditions, if any, for reelection;

(I)
Procedures for the removal of a member of the board of directors for
misfeasance, malfeasance, or nonfeasance;

(J)
The costs to and rate of assessment to be made on each person who is
a signatory to the marketing agreement for purposes of membership,
inspections, or other services provided by the board of directors
under the marketing agreement in conjunction with the person's
participation in the marketing agreement;

(K)
Procedures by which producers of the agricultural commodity may
become signatories to the marketing agreement after the agreement
takes effect;

(L)
Procedures by which producers who are signatories to the marketing
agreement may be removed from the marketing agreement;

(M)
Procedures by which producers that are signatories to the marketing
agreement may terminate the marketing agreement
;

(N)
Any other procedures or requirements that the director of agriculture
requires by rule
.

Sec.
924.45.
(A)(1)
After a marketing agreement takes effect, a board of directors that
will administer the marketing agreement shall be established in
accordance with the terms of the marketing agreement. Except for the
director of agriculture or the director's designee who shall serve as
an ex officio member of the board of directors, members of the board
shall be selected only from individuals who are producers that signed
the marketing agreement.

(2)
The provisional board of directors created pursuant to division
(B)(1) of section 924.42 of the Revised Code shall verify that the
board of directors is established in accordance with the terms of the
marketing agreement. If the provisional board of directors determines
that the board of directors was not established in accordance with
the terms of the marketing agreement, the provisional board shall
notify the director who shall take appropriate actions to ensure that
the board of directors is established in accordance with the terms of
the marketing agreement. If the provisional board of directors
determines that the board of directors was established in accordance
with the terms of the marketing agreement, the provisional board
shall cease to exist.

(B)
A board of directors that is established to administer a marketing
agreement shall do all of the following:

(1)
Establish priorities of the board that are consistent with the
estimated financial resources that will be generated under the terms
of the marketing agreement and with the scope of the marketing
agreement;

(2)
Prepare a budget that is consistent with the estimated financial
resources that will be generated under the terms of the marketing
agreement and with the scope of the marketing agreement;

(3)
Deposit all money collected pursuant to the marketing agreement with
a bank as defined in section 1101.01 of the Revised Code. The board
shall use the money only to pay the costs of the board in
administering the marketing agreement and of the activities
authorized under the marketing agreement and under sections 924.40 to
924.45 of the Revised Code.

(4)
Establish a fiscal year for purposes of marketing activities
performed under the terms of the marketing agreement;

(5)
Publish an activity and financial report not later than sixty days
after the end of a fiscal year. The board shall make the report
available to each producer that signed the marketing agreement and to
other interested parties.

(6)
Provide annually to the director of agriculture and to each producer
that signed the marketing agreement a financial statement that is
prepared by a person who holds a current certificate as a certified
public accountant issued under Chapter 4701. of the Revised Code. The
board shall provide the financial statement to the director not later
than sixty days after the end of a fiscal year.

(7)
Reimburse the department of agriculture for actual administrative
costs incurred by the department in the administration of sections
924.40 to 924.45 of the Revised Code. However, the amount reimbursed
in a fiscal year shall not exceed ten per cent of the total amount of
money collected in that fiscal year by the board of directors under
the authority of the marketing agreement.

(8)
Perform all other acts and exercise all other powers that are
reasonably necessary, proper, or advisable to effectuate the purposes
of sections 924.40 to 924.45 of the Revised Code.

(C)
A board of directors that is established to administer a marketing
agreement may do all of the following:

(1)

Propose
to the director rules that are necessary for the board to perform its
duties under the requirements of the marketing agreement and under
sections 924.40 to 924.45 of the Revised Code;

(2)

Hire personnel and contract for services that are necessary for the
implementation and administration of the marketing agreement;

(3)
(2)

Receive and investigate, or cause to be investigated, a complaint
concerning an alleged violation of a term of the marketing agreement.
If the board determines that such a violation has occurred, the board
shall refer the matter to the director for enforcement.

(4)
(3)

Amend the marketing agreement in accordance with the terms of the
marketing agreement and with sections 924.40 to 924.45 of the Revised
Code;

(5)
(4)

Terminate the marketing agreement with the approval of a majority of
the participating producers that are signatories to the marketing
agreement. If the marketing agreement is terminated, the board shall
distribute any remaining unobligated money collected under the
authority of the marketing agreement to each participating producer
in the same proportion that the producer paid assessments under the
marketing agreement.

Sec.
924.52.
(A)
The Ohio grape industries committee may:

(1)
Conduct, and contract with others to conduct, research, including the
study, analysis, dissemination, and accumulation of information
obtained from the research or elsewhere, concerning the marketing and
distribution of grapes and grape products, the storage,
refrigeration, processing, and transportation of them, and the
production and product development of grapes and grape products. The
committee shall expend for these activities no more than seventy per
cent of all money it receives from the Ohio grape industries fund
created under section 924.54 of the Revised Code.

(2)
Provide the wholesale and retail trade with information relative to
proper methods of handling and selling grapes and grape products;

(3)
Make or contract for market surveys and analyses, undertake any other
similar activities that it determines are appropriate for the
maintenance and expansion of present markets and the creation of new
and larger markets for grapes and grape products, and make, in the
name of the committee, contracts to render service in formulating and
conducting plans and programs and such other contracts or agreements
as the committee considers necessary for the promotion of the sale of
grapes and grape products. The committee shall expend for these
activities no more than seventy per cent of all money it receives
from the fund.

(4)
Publish and distribute to producers and others information relating
to the grape and grape product industries;

(5)

Propose
to the director of agriculture for adoption, rescission, or
amendment, pursuant to Chapter 119. of the Revised Code, rules
necessary for the exercise of its powers and the performance of its
duties;

(6)

Advertise for, post notices seeking, or otherwise solicit applicants
to serve in administrative positions in the department of agriculture
as employees who support the administrative functions of the
committee. Applications shall be submitted to the committee. The
committee shall select applicants that it wishes to recommend for
employment and shall submit a list of the recommended applicants to
the director.

(7)
(6)

For the purpose of promoting the grape industry, provide to producers
and persons that grow grapes in this state grape plants, grape vines,
equipment, and material to assist in the production of grapes and
grape products.

(B)
The committee shall:

(1)
Promote the sale of grapes and grape products for the purpose of
maintaining and expanding present markets and creating new and larger
intrastate, interstate, and foreign markets for grapes and grape
products, and inform the public of the uses and benefits of grapes
and grape products;

(2)
Perform all acts and exercise all powers incidental to, in connection
with, or considered reasonably necessary, proper, or advisable to
effectuate the purposes of this section.

Sec.
924.53.
(A)
The director of agriculture shall monitor the conduct of the Ohio
grape industries committee to ensure that:

(1)
The committee is operating within the requirements of sections 924.51
to 924.55 of the Revised Code;

(2)
The committee's program is self-supporting;

(3)
The committee keeps all records that are required by agencies of the
state.

(B)

The director may, in accordance with Chapter 119. of the Revised
Code, adopt, rescind, or amend rules necessary to carry out the
purposes of this section.

(C)

The director shall accomplish an audit of the books and records of
the committee prior to the thirtieth day of September each year.

Sec.
925.07.
In
the administration of sections 925.01 to 925.13 of the Revised Code,
the director of agriculture or
his
the
director's

designee, on any business day and during normal business hours, may
enter and inspect any premises where shell eggs are produced,
processed, stored, or sold, offered for sale, or exposed for sale as
is necessary to determine compliance with sections 925.02 to 925.13

and applicable rules adopted under section 925.06

of the Revised Code.

Sec.
925.08.
No
person shall fail to comply with sections 925.01 to 925.13 of the
Revised Code

or an applicable rule adopted under section 925.06 of the Revised
Code
.
Each day of violation constitutes a separate offense.

Sec.
926.01.
As
used in this chapter:

(A)
"Agricultural commodity" means corn, soybeans, wheat, or
any other agricultural crop that the director of agriculture may
designate by rule

in accordance with Chapter 119. of the Revised Code
.
"Agricultural commodity" does not mean any grain that is
purchased for sale as seed.

(B)
"Agricultural commodity handling" or "handling"
means any of the following:

(1)
Engaging in or participating in the business of purchasing from
producers agricultural commodities for any use in excess of thirty
thousand bushels annually;

(2)
Operating a warehouse as a bailee for the receiving, storing,
shipping, or conditioning of an agricultural commodity;

(3)
Receiving into a warehouse an agricultural commodity purchased under
a delayed price agreement;

(4)
Providing marketing functions, including storage, delayed price
marketing, deferred payment, feed agreements, or any other marketing
transaction whereby control is exerted over the monetary proceeds of
a producer's agricultural commodities by a person other than the
producer.

(C)
"Agricultural commodity handler" or "handler"
means any person who is engaged in the business of agricultural
commodity handling.

(D)
"Depositor" means:

(1)
Any person who delivers an agricultural commodity to a licensed
handler for storage, conditioning, shipment, or sale;

(2)
Any owner or legal holder of a ticket or receipt issued for an
agricultural commodity who is a creditor of the licensed handler for
the value of the agricultural commodity;

(3)
Any licensed handler storing an agricultural commodity that the
licensed handler owns solely, jointly, or in common with others in a
warehouse owned or controlled by the licensed handler or any other
licensed handler.

(E)
"Receipt" means a warehouse receipt issued by a licensed
handler.

(F)
"Nonnegotiable receipt" means a receipt on which it is
stated that the agricultural commodity received will be delivered to
the depositor or to the order of any other person named in the
receipt.

(G)
"Negotiable receipt" means a receipt on which it is stated
that the agricultural commodity received will be delivered to the
bearer or to the order of any person named in the receipt.

(H)
"Ticket" means a scale weight ticket, a load slip, or any
evidence, other than a receipt, given to a depositor by a licensed
handler upon delivery of an agricultural commodity to the handler.

(I)
"Warehouse" means any building, bin, protected enclosure,
or similar premises under the control of a licensed or unlicensed
handler used for receiving, storing, shipping, or handling an
agricultural commodity.

(J)
"Storage" means the deposit of an agricultural commodity
into a warehouse either for the account of the licensed handler
operating the warehouse or for the account of a depositor. "Storage"
includes unapplied and hold grain tickets.

(K)
"Producer" means any person who grows an agricultural
commodity on land that the person owns or leases.

(L)
"Agent" means any person, other than a producer, who
delivers an agricultural commodity to a licensed handler, either for
sale or for storage, for the account of the producer.

(M)
"Agricultural commodity tester" or "tester" means
a person who operates a moisture meter and other quality testing
devices to determine the quality of an agricultural commodity.

(N)
"Federally licensed grain inspector" means a person who is
licensed by the United States department of agriculture under the
"United States Grain Standards Act," 39 Stat. 482 (1916), 7
U.S.C. 71, as amended, to test and grade grain, as "grain"
is defined in that act.

(O)
"Bailee" means a person to whom an agricultural commodity
is delivered in trust for storage in a warehouse with title remaining
in the name of the depositor.

(P)
"Bailor" means a person who delivers an agricultural
commodity to a bailee in trust for storage in a warehouse with title
remaining in the name of the depositor.

(Q)
"Bailment agreement" means a bailor-bailee agreement
between a depositor and a licensed handler as stated in the terms of
a receipt that is issued for an agricultural commodity in storage and
subject to the requirements of this chapter governing the use of a
receipt.

(R)
"Delayed price agreement" means a written executory
contract executed by and between a licensed handler and a depositor
that covers the sale and transfer of title of an agricultural
commodity and states in its written terms the service charges and the
method for pricing the commodity at a later date.

(S)
"Delayed price marketing" means the sale and transfer of
title of an agricultural commodity with the price to be established
at a later date according to the terms of a delayed price agreement.

(T)
"Deferred payment" means the deferral of payment to a
depositor by a licensed handler for an agricultural commodity to
which the licensed handler has taken title, for the purpose of
deferring income of the depositor from one tax year to another.

(U)
"Feed agreement" means a written contract executed by and
between a licensed handler and a producer or depositor who delivers
an agricultural commodity to the licensed handler for storage whereby
each of the following applies:

(1)
The producer or depositor transfers title to the agricultural
commodity to the licensed handler in exchange for a nominal sum;

(2)
The producer, upon delivery of the agricultural commodity to the
licensed handler, becomes a creditor of the licensed handler due to
the lien that arises under section 926.021 of the Revised Code;

(3)
All or part of the agricultural commodity is returned to the producer
at a later date and used for feed purposes.

(V)
Notwithstanding section 1.02 of the Revised Code, "and"
shall not be read "or" and "or" shall not be read
"and."

(W)
"Grain bank" means the storage of an agricultural commodity
under a bailment agreement with the commodity normally returned to
the bailor at a later date as an ingredient of a processed feed.
"Grain bank" as defined in this division has the same
meaning for purposes of agricultural commodity transactions.

(X)
"Regular price bid" means the current basis bid or cash
price of a handler licensed under this chapter.

Sec.
926.02.
The
director of agriculture shall administer this chapter and may, in
addition to any other powers conferred by it:

(A)
Inspect, or cause to be inspected, any warehouse, or premises
suspected of being a warehouse, at any reasonable time;

(B)
Require the filing of reports describing any warehouse or the
operation thereof;

(C)
Determine whether warehouses are suitable for the storing, shipping,
and conditioning of agricultural commodities;

(D)
Petition the court of common pleas of the county in which the
principal place of business of a licensed or unlicensed handler is
situated to enforce compliance by the handler with this chapter
,
or any rule adopted by the director under it,

by restraining order or mandatory injunction notwithstanding the
existence of an adequate remedy at law;

(E)
Prescribe all forms, within the limitations set forth in this
chapter, including receipts, tickets, contracts, licenses, reports,
and applications for licenses used by licensed handlers;

(F)
Impound receipts, tickets, or other records when a handler's license
is under suspension
;

(G)
Promulgate, adopt, and enforce rules under Chapter 119. of the
Revised Code for carrying out this chapter
.

Sec.
926.05.
(A)
Each person desiring to obtain or renew a handler's license shall
file an application annually with the director of agriculture at such
times, on such forms, and containing such information as the director
prescribes, including, if applicable, the appointment of a statutory
agent under section 926.051 of the Revised Code.

(B)
Each application for a license or license renewal shall be
accompanied by an application fee of two hundred dollars for the
first facility operated by the applicant plus one hundred dollars for
each additional facility operated by the same applicant and by an
examination fee,
established

which
the director shall establish
by
rule
of
the director pursuant to section 926.02
in
accordance with Chapter 119.
of
the Revised Code, for each facility operated by the applicant.
"Facility" means all warehouse storage located on one
premises, including any additional warehouse storage located within
one thousand yards of that premises. The director may charge fees for
examinations in an amount not to exceed those fees charged by the
United States department of agriculture for comparable examinations.

The
director shall deposit all fees collected under this section in the
commodity handler regulatory program fund created in section 926.19
of the Revised Code.

(C)
The director shall approve or reject each application for a license
within fifteen days after receipt thereof, provided that such
application is in proper form and contains the information required
under division (A) of this section. A rejection of an application
shall be accompanied by a statement from the director of the
additional requirements necessary for a license. The applicant may
resubmit the application without payment of any additional fee.

(D)

The
director shall adopt rules in accordance with Chapter 119. of the
Revised Code to prescribe the expiration date of a handler's license.

A
handler's license shall expire on the date prescribed by
such

rule

of the director
.
Whenever the director considers it advisable to cancel the unexpired
portion of an outstanding license in order to renew it according to a
new or existing system of expiration dates, the director shall refund
to the handler the unexpired portion of the fees paid under division
(B) of this section. Whenever the director issues an initial license
on a date that does not conform to the existing system, the director
shall issue the license for a period of time, not less than six nor
more than eighteen months, that makes the date conform to the
existing system. The application fee for that initial license shall
be proportionate to the fee for a one-year license.

(E)
An application for renewal of a handler's license shall be filed with
the director not later than thirty days before the current license
expires. An applicant who fails to file a renewal application in time
shall pay a late fee of one dollar for each day the application is
late or fifteen dollars, whichever is greater. A renewal license
shall not be issued until a late fee that is due has been paid.

(F)
The director, with the approval of the commodity advisory commission,
may, except as provided in division (G) of this section, revoke or
refuse to issue or renew a handler's license if any of the following
occurred within five years before the application for the license or
renewal was filed:

(1)
The applicant, or the spouse, parent, sibling, or child of the
applicant, or a manager employed by the applicant, or any other
individual materially involved in the agricultural commodity handling
business of the applicant was a principal in a receivership or
insolvency that resulted in losses to creditors or to the
agricultural commodity depositors fund established in section 926.16
of the Revised Code;

(2)
The applicant pled guilty to or was convicted of any felony or charge
of embezzlement under the laws of this state, any other state, or of
the United States;

(3)
The applicant made a delivery of commodities not authorized under
this chapter;

(4)
The applicant's license under the "United States Warehouse Act,"
39 Stat. 486 (1916), 7 U.S.C. 241, as amended, was revoked or
canceled due to a violation of that act.

(G)
The director shall not refuse to issue a handler's license because an
applicant was convicted of or pleaded guilty to an offense unless the
refusal is in accordance with section 9.79 of the Revised Code.

Sec.
926.16.
(A)
There is hereby created in the state treasury the agricultural
commodity depositors fund. The state shall not be held liable for any
claims presented against the fund under section 926.18 of the Revised
Code. The fund shall consist of a per-bushel fee remitted by licensed
handlers under this section, any sums that the director of
agriculture may collect by any legal action on behalf of the fund,
and any property or securities acquired through the use of moneys in
the fund. All investment earnings of the fund shall be credited to
the fund. The moneys in the fund shall be used exclusively to
indemnify depositors as provided in section 926.18 of the Revised
Code and to pay the examination and administrative costs of this
chapter as provided in division (E) of this section.

(B)
All licensed handlers shall remit the fee determined by the director
in accordance with section 926.17 of the Revised Code on:

(1)
All agricultural commodities delivered to them for storage under a
bailment agreement or for sale, exchange, or negotiation or
solicitation of sale by depositors who produced them or caused them
to be produced;

(2)
All agricultural commodities delivered to them for storage under a
bailment agreement, regardless of who produced the commodities, if a
receipt is to be issued for the commodities;

(3)
All agricultural commodities that are being stored by licensed
handlers who own them solely, jointly, or in common with others and
who are issuing a receipt for them in accordance with section 926.25
of the Revised Code. The maximum number of bushels on which a
licensed handler shall be required to pay the fee under division
(B)(3) of this section between the first day of July and the
thirtieth day of June of any marketing year shall be the greatest
number of bushels of all commodities for which receipts are
outstanding at any one time during that period.

(4)
All agricultural commodities that are not involved in a transaction
described in division (B)(1), (2), or (3) of this section and the
monetary proceeds of which are controlled by a handler who is not
involved in the production of the commodities and who serves as an
intermediary between the producer and a handler receiving the
commodities. In such a situation, the handler responsible for paying
the producer shall remit the fee.

(C)

The
director shall adopt rules in accordance with Chapter 119. of the
Revised Code to establish the manner and prescribe forms governing
the accounting and remittance of money from licensed handlers.
All
licensed handlers shall account for and remit moneys under division
(B) of this section to the director in such manner and using such
forms as
the
director shall prescribe
prescribed

by

such

rule.

(D)
All disbursements from the fund shall be paid by the treasurer of
state pursuant to vouchers authorized by the director.

(E)
At the request of the director of agriculture, the director of budget
and management shall transfer not more than five hundred thousand
dollars per fiscal year from the agricultural commodity depositors
fund to the commodity handler regulatory program fund created in
section 926.19 of the Revised Code to pay the examination and
administrative costs of this chapter.

Sec.
926.19.
(A)
There is hereby created in the state treasury the commodity handler
regulatory program fund. The moneys in the fund shall be used to pay
the examination and administrative costs of this chapter and shall
consist of:

(1)
All revenues collected by the director of agriculture from
distribution of the receipt forms under division (B) of section
926.20 of the Revised Code and such other forms and registration
books as the director may require by rule for the administration of
this chapter;

(2)
The application and examination fees collected under division (B) of
section 926.05 of the Revised Code;

(3)
Any moneys transferred from the agricultural commodity depositors
fund under section 926.16 of the Revised Code;

(4)
All fines, penalties, and costs, except court costs, that are
collected under section 926.99 of the Revised Code in consequence of
a violation of this chapter;

(5)
All sums collected by the director of agriculture under a contract
described in section 926.36 of the Revised Code.

(B)
The examination and administrative costs of this chapter shall be
computed by the director not later than the thirty-first day of
December of each even-numbered year to cover the biennium that begins
on the following first day of July. The commodity advisory commission
created in section 926.32 of the Revised Code shall approve, and may
amend, the examination and administrative costs. The commission's
decision shall be binding on the director. The commission also at any
time may approve for presentation to the controlling board a request
to increase or decrease the appropriation authority for the biennial
examination and administrative costs if it determines that an
increase or decrease in the cost is necessary to carry out the
purpose of this chapter.

(C)
If at any time the moneys deposited in the fund, including moneys
transferred from the agricultural commodity depositors fund under
section 926.16 of the Revised Code, are not sufficient to pay the
examination and administrative costs of this chapter, the director
shall request an appropriation from the general revenue fund to pay
those costs.

(D)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code to require forms and registration books for the
administration of this chapter.

Sec.
926.20.
(A)
Upon the request of a depositor, a licensed handler shall issue a
receipt for any agricultural commodity that the handler has received
from the depositor for storage under a bailment agreement. Even if
the depositor has not requested that a receipt be issued, the
agricultural commodity delivered for storage under a bailment
agreement shall be considered to be in "open storage," and
the responsibility of the bailee to the bailor shall remain the same
as if a nonnegotiable receipt had been issued upon deposit of the
commodity into the handler's warehouse.

No
licensed handler shall receive an agricultural commodity for storage
under a bailment agreement until the handler has weighed, inspected,
and graded the commodity.

(B)
The director of agriculture shall provide and print on distinctive
paper, paper warehouse receipts. If the director considers it
necessary, the director may authorize electronic warehouse receipts
.
The director may adopt rules

in accordance with
Chapter
119. of the Revised Code to establish
guidelines

established
in rules adopted under section 926.02 of the Revised Code
for
the authorization of electronic warehouse receipts
.
Each receipt, paper or electronic, shall contain within its printed
terms spaces for at least the following information:

(1)
The location of the warehouse where the agricultural commodity is
stored;

(2)
The date of issuance of the receipt;

(3)
The rate of storage charges or the basis for the charges;

(4)
The net weight, the percentage of dockage or foreign material, and
the grade of the commodity;

(5)
"Negotiable" or "nonnegotiable" according to the
nature of the receipt, conspicuously indicated on it;

(6)
The signature of the licensed handler or the handler's authorized
agent;

(7)
A statement of the amount of advances made or liability incurred for
which the handler claims a lien or, if the precise amount of advances
made or liabilities incurred at the time of issuance of the receipt
is unknown to the handler or to the agent who issues it, a statement
of the fact that advances have been made or liabilities incurred;

(8)
If the receipt is for a commodity that the handler owns, either
wholly, jointly, or in common with others, the facts about the
ownership
;

(9)
Any other information that the director may require by rule
.

The
director shall cause receipt forms to be distributed to licensed
handlers at cost. The revenue from the distribution shall be remitted
to the director and credited to the commodity handler regulatory
program fund created in division (A) of section 926.19 of the Revised
Code in the same manner as other fees collected under that division.

(C)
All receipts issued by a licensed handler shall be numbered and
issued consecutively.

(D)
Before issuing any receipt, a licensed handler shall file with the
director a certified copy of the handler's signature and the
signature of any person the handler has authorized to issue receipts.

(E)
No licensed handler shall fail to return to the director all receipts
and tickets remaining unused on the date of revocation or termination
of the handler's license.

(F)
No person shall issue a receipt for any agricultural commodity except
upon a receipt form furnished or authorized by the director under
this section.

(G)
No person, with intent to defraud, shall falsely make, alter, forge,
counterfeit, or photograph a receipt.

Sec.
926.22.
(A)
No licensed handler shall issue a receipt except upon the actual
delivery of an agricultural commodity into storage in the warehouse
from which the receipt is to be issued. No licensed handler shall
issue a receipt for a quantity of a commodity greater than that which
was contained in the lot or parcel received for storage or issue more
than one receipt for the same lot of a commodity unless a receipt for
a part of the lot is desired, in which case the aggregate receipts
issued for a particular lot shall cover only that lot.

(B)
If a licensed handler delivers out of storage a part of a lot of an
agricultural commodity for which
he
the
handler

has issued a negotiable receipt,
he
the
handler

shall cancel the original receipt and issue a new receipt in
accordance with rules adopted by the director of agriculture for the
undelivered portion of the commodity that is still in storage. The
new receipt shall show the date of its issuance and the number and
date of the original receipt.

The director shall adopt such rules in accordance with Chapter 119.
of the Revised Code.

(C)
If one receipt is divided into two or more receipts or two or more
receipts are consolidated into one receipt, the original receipt or
receipts shall be canceled in the same manner as if the agricultural
commodity had been delivered from storage. The new receipt or
receipts shall indicate whether the new receipt or receipts represent
a part of another receipt or the consolidation of other receipts. The
number and date of the original receipt or receipts shall also appear
on the new receipt or receipts. No person shall consolidate receipts
that were issued more than thirty days apart.

(D)
The date of issuance of an original receipt shall be the date used
for determining the oldest receipt for the purposes of division (B)
of section 926.13 of the Revised Code. The date of any consolidation,
replacement, or renewal receipt shall not be considered.

(E)
All receipts issued for agricultural commodities stored in special
bins for the purpose of preserving identity shall bear the number of
the bin and the notation "Special Bin." All divisions or
consolidations of receipt shall bear the bin number of the original
receipt or receipts and the notation "Special Bin."

Sec.
926.26.
(A)
If an agricultural commodity is delivered to a licensed handler by
the owner or by a person whose act in conveying the title to the
purchaser in good faith for value would bind the owner, and a
negotiable receipt is issued for it, the commodity cannot, while in
the possession of the handler, be attached by garnishment or
otherwise or be levied under an execution unless the receipt is first
surrendered to the handler or its negotiation is enjoined. The
handler shall in no case be compelled to deliver the actual
possession of the commodity until the receipt is surrendered to the
handler or impounded by the court. A handler's claim for a lien that
has arisen under section 1307.209 of the Revised Code and that has
come due shall be satisfied as follows:

(1)
The handler shall give a written notice to the person on whose
account the commodity is held and to any other person known by the
handler to claim an interest in the commodity. The notice shall be
delivered in person or by certified mail addressed to the last known
place of business or residence of the person to be notified. The
notice shall contain:

(a)
An itemized statement of the handler's claim showing the sum due at
the time of the notice and the date that it became due;

(b)
A brief description of the commodity against which the lien exists;

(c)
A demand that the amount of the claim as stated in the notice, and of
any further claim accruing, shall be paid on or before the date
specified in the notice, which shall be not fewer than ten days from
the delivery of the notice if it is personally delivered or from the
time when the notice reaches its destination if it is sent by mail;

(d)
A statement that, unless the claim is paid within the time specified,
the commodity will be advertised for sale and sold at an auction at a
specified time and place.

(2)
In accordance with the terms of a notice so given, a sale of the
commodity at auction may be had to satisfy any valid claim of the
handler under which the handler has a lien on the commodity. The sale
shall be held in the place where the commodity is held or, if that
place is manifestly unsuitable for the purpose, at the nearest
suitable place. After the time for the payment of claims that is
specified in the notice to the depositor has elapsed, an
advertisement of the sale, describing the commodity to be sold and
stating the name of the owner or person on whose account the
commodity is held and the time and place of the sale, shall be
published once a week for two consecutive weeks in a newspaper of
general circulation published in the place where the sale is to be
held or, if no newspaper is published in that place, in a newspaper
of general circulation published in the county in which the sale is
to take place. No sale shall be held before fifteen days from the
date of the first publication.

(B)
At any time before the agricultural commodity is sold, any person
claiming a right of property or possession in it may pay the licensed
handler the amount necessary to satisfy the handler's lien and pay
the reasonable expenses and liabilities incurred in advertising and
preparing for the sale up to the time of payment. The handler shall
deliver the commodity to the person making payment only if the person
is a person entitled under this chapter to the possession of the
commodity on payment of the existing charges.

(C)
After the agricultural commodity has been lawfully sold to satisfy a
lien arising under section 1307.209 of the Revised Code or has been
lawfully sold or disposed of for any other reason, neither the
licensed handler nor the agricultural commodity depositors fund
created in section 926.16 of the Revised Code shall be liable for
failure to deliver the commodity to the depositor or owner of the
commodity or to the holder of a receipt given for the commodity when
it was deposited even if the receipt was negotiable. The proceeds of
the sale, after deducting the amount of any lawful lien, shall be
held in accordance with this section for the benefit of the owner or
the holder of the receipt. The proceeds shall be considered full
satisfaction of any receipt issued for the commodity so sold and of
any bailment agreement between the handler and the depositor.

(D)
After the licensed handler has satisfied the handler's lien and after
the handler's expenses for advertising have been met, the handler
shall forward to the director of agriculture the remaining proceeds
of the sale, together with such information concerning the sale and
outstanding receipt or receipts as the director requires by rule.

The director shall adopt rules in accordance with Chapter 119. of the
Revised Code specifying any required information concerning the sale
and outstanding receipt or receipts for which the licensed handler
shall forward to the director with the remaining proceeds of the
sale.

Upon the payment of the proceeds to the director, the handler shall
be relieved of further responsibility for the safekeeping of them and
shall be held harmless by the state for any liabilities for any claim
arising out of the transfer of the proceeds to the director. The
director shall deposit the proceeds into the state treasury to be
held for the benefit of the person who would be rightfully entitled
to possession of the commodity had it not been sold under this
section.

(E)
Any person claiming an interest in proceeds delivered to the director
under this chapter may file a claim for them on a form prescribed by
the director. The director shall consider any claim filed under this
section and render a decision in writing, stating the substance of
any evidence considered and the reasons for allowance or disallowance
of the claim. If the claim is allowed, the director shall provide for
payment of the claim from the agricultural commodity depositors fund.

(F)
The remedy for enforcing a lien provided in this section does not
preclude any other remedies allowed by law for the enforcement of a
lien or bar the handler's right to recover any amount of the
handler's claim that is not paid by the proceeds of the sale held
under this section.

Sec.
926.29.
(A)
A delayed price agreement is an executory contract that shall be in
such a form and contain such terms as the director of agriculture
shall adopt by rule under Chapter 119. of the Revised Code. The
agreement shall be executed by and between the licensed handler and
the depositor or by their authorized representatives not later than
fifteen days after the first delivery of an agricultural commodity is
received for delayed pricing under the agreement. The handler shall
maintain a file of executed agreements that are available for
inspection at any reasonable time by the director or the director's
designated representative. The handler also shall keep records and
ledgers the director considers necessary to document the handler's
obligation to the depositor under a delayed price agreement. The
handler also shall provide reports, forms, and other evidence the
director shall adopt by rule

in accordance with Chapter 119. of the Revised Code

to document the storage and marketing of commodities under the
delayed price agreement.

(B)
Subject to the lien that attaches under section 926.021 of the
Revised Code and except as otherwise provided in division (C) of this
section, a licensed handler who purchases any agricultural commodity
under a delayed price agreement at all times shall maintain the
commodity, rights in the commodity, proceeds from the sale of the
commodity, or a combination of the commodity, rights, and proceeds
equal to at least ninety per cent of the value of the handler's
obligation for all commodities that the handler has purchased that
are not priced under delayed price agreements. The obligation shall
be secured or represented by one or more of the following:

(1)
Maintenance of the commodity in storage in the handler's warehouse;

(2)
Rights in commodities as evidenced by a receipt or ticket for storage
of the commodities under a bailment agreement in another warehouse
approved by the director;

(3)
Proceeds from the sale of commodities as evidenced or represented by
one or more of the following:

(a)
Cash on hand or held on account in a state or federally licensed
financial institution or a lending agency of the farm credit
administration;

(b)
Short-term investments held in time accounts with state or federally
licensed financial institutions or a lending agency of the farm
credit administration;

(c)
Balances in commodity margin accounts;

(d)
Commodities sold and shipped by the handler under delayed price
agreements that have not been priced less any payments or advances
that have been received by the handler;

(e)
Such other evidence of unencumbered assets as may be acceptable to
the director, including an irrevocable letter of credit.

(C)
In addition to the lien that attaches under section 926.021 of the
Revised Code, a depositor who sells an agricultural commodity to a
licensed handler under a delayed price agreement, upon giving notice
to the handler either at or prior to the time of delivery, may demand
as security for payment for the commodity an amount that, at the time
of delivery, is equal to one hundred per cent of the national loan
rate value of the commodity under the United States department of
agriculture price support program, or seventy-five per cent of the
average price being paid for the commodity in the state on the date
of demand as published by the market news service of the department
of agriculture, whichever is less. The handler shall satisfy a demand
for security on a commodity sold under a delayed price agreement at
the handler's option by one of the following:

(1)
Payment to the depositor by cash or draft on the account of the
handler;

(2)
Causing an irrevocable letter of credit to be issued to the depositor
by a financial institution designated by the handler securing payment
in the specified amount. The letter of credit shall be subject to
Chapter 1305. of the Revised Code and rules adopted by the director
pursuant to Chapter 119. of the Revised Code.

Sec.
926.32.
(A)
There is hereby created the commodity advisory commission consisting
of seven members to be appointed by the director of agriculture. Not
later than January 1, 1983, the director shall make appointments to
the commission. Of the initial appointments, three shall be for terms
ending January 1, 1984, two shall be for terms ending January 1,
1985, and two shall be for terms ending January 1, 1986. Thereafter,
terms of office shall be for three years, each term ending on the
same day of the same month of the year as did the term that it
succeeds. Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed. Any
member appointed to fill a vacancy occurring prior to the expiration
of the term for which the member's predecessor was appointed shall
hold office for the remainder of the term. Any member shall continue
in office subsequent to the expiration date of the member's term
until the member's successor takes office or until a period of sixty
days has elapsed, whichever occurs first.

(B)
The commission shall at all times be composed of three farmers who
are engaged primarily in the production of agricultural commodities,
one licensed handler who is the manager of a farmers cooperative, one
licensed handler who is the owner and operator of a warehouse located
in a rural area, one licensed handler representing a warehouse
located at a major agricultural commodity transportation center, and
one banker who is an officer of a rural bank. The director shall
designate annually one member of the commission to serve as its
chairperson and, after notice and public hearing, may remove any
member only for neglect of duty or malfeasance in office.

(C)
A vacancy on the commission shall not impair the right of the other
members to exercise all of the commission's powers. Four members
shall constitute a quorum for the conduct of business of the
commission.

(D)
The commission shall meet at least three times annually at times that
the commission shall set by rule and may meet at other times that the
chairperson or a majority of the commission members considers
appropriate, provided that no meeting shall be held on the call of
the chairperson unless at least seven days' written notice is first
given to all members of the commission.

(E)
Each member shall be reimbursed for the member's actual and necessary
expenses incurred in the discharge of duties as a commission member.

(F)
The commission may adopt, amend, or rescind rules or procedures
governing the conduct of its internal affairs.

(G)
The commission may request from the director, and the director shall
provide, meeting space, assistance, services, and data to enable it
to carry out its functions.

(H)
All costs of the commission, including all of the expenses of its
members and consultants authorized in this section, shall be paid
from the commodity handler regulatory program fund created in section
926.19 of the Revised Code pursuant to itemized vouchers approved by
the chairperson of the commission and the director.

(I)
The director shall designate an official or employee of the
department of agriculture to act as the executive secretary of the
commission. The director also may request the attendance at meetings
of the commission consultants with expertise in agricultural law,
marketing, statistics, or any other subject to advise and consult
with the commission on matters on the agenda of any regular or
special meeting of the commission. The expenses incurred by
consultants attending those meetings shall be reimbursed according to
division (H) of this section. The executive secretary shall keep or
cause to be kept a permanent journal of all meetings, proceedings,
findings, determinations, and recommendations of the commission,
including an itemized statement of the expenses allowed to each
member of the commission and consultants under this section. The
journal shall be a public record.

(J)
In addition to the authority granted in division (F) of section
926.05, division (B) of section 926.17, divisions (A) and (C) of
section 926.18, and division (B) of section 926.19 of the Revised
Code, the commission shall advise and counsel the director on all
matters relating to:

(1)
The administration of this chapter;

(2)
The development of rules authorized
by
section 926.02 of the Revised Code
under
this chapter
;

(3)
Any other matters that the commission and the director consider
appropriate in carrying out this chapter.

Sec.
927.52.
(A)
The director of agriculture
shall
adopt and enforce any rules that are necessary to carry out sections
927.51 to 927.73 of the Revised Code.

(B)
The director
may
revoke, suspend, or refuse to issue any nursery certificate or
dealer's license for any violation of sections 927.51 to 927.71 of
the Revised Code
,
or of any rules adopted under those sections
.

(C)
(B)

The director may publish reports describing nursery inspection and
pest control operations authorized by sections 927.51 to 927.71 of
the Revised Code.

Sec.
927.682.
(A)
Except as otherwise provided in division (B) of this section, no
person and no political subdivision, agency, department, or
instrumentality of the state shall sell, offer for sale, or plant
Lythrum salicaria (purple loosestrife) plants or seed in this state
without a permit issued by the director of agriculture. The director
may issue permits to plant Lythrum salicaria for use in controlled
experiments.

(B)
The director
,
by rule,

shall
adopt
rules in accordance with Chapter 119. of the Revised Code to
exempt
from the permit requirement of division (A) of this section any
variety of Lythrum salicaria that has been demonstrated to the
director's satisfaction not to be a threat to the environment.

Sec.
927.69.
To
effect the purpose of sections 927.51 to 927.73 of the Revised Code,
the director of agriculture or the director's authorized
representative may:

(A)
Make reasonable inspection of any premises in this state and any
property therein or thereon;

(B)
Stop and inspect in a reasonable manner, any means of conveyance
moving within this state upon probable cause to believe it contains
or carries any pest, host, commodity, or other article that is
subject to sections 927.51 to 927.72 of the Revised Code;

(C)
Conduct inspections of agricultural products that are required by
other states, the United States department of agriculture, other
federal agencies, or foreign countries to determine whether the
products are infested. If, upon making such an inspection, the
director or the director's authorized representative determines that
an agricultural product is not infested, the director or the
director's authorized representative may issue a certificate, as
required by other states, the United States department of
agriculture, other federal agencies, or foreign countries, indicating
that the product is not infested.

If
the director charges fees for any of the certificates, agreements, or
inspections specified in this section, the fees shall be as follows:

(1)
Phytosanitary certificates, twenty-five dollars for shipments
comprised exclusively of nursery stock;

(2)
Phytosanitary certificates, one hundred dollars for all others;

(3)
Phytosanitary certificates, twenty-five dollars for replacement of an
issued certificate because of a mistake on the certificate or a
change made by the shipper if no additional inspection is required;

(4)
Compliance agreements, forty dollars;

(5)
Agricultural products and their conveyances inspections, an amount
equal to the hourly rate of pay in the highest step in the pay range,
including fringe benefits, of a plant pest control specialist
multiplied by the number of hours worked by such a specialist in
conducting an inspection.

The
director may adopt rules under
section
927.52
Chapter
119.
of
the Revised Code that define the certificates, agreements, and
inspections.

The
fees shall be credited to the plant pest program fund created in
section 927.54 of the Revised Code.

Sec.
927.701.
(A)
As used in this section, "gypsy moth" means the live
insect, Lymantria dispar, in any stage of development.

(B)
The director of agriculture may establish a voluntary gypsy moth
suppression program under which a landowner may request that the
department of agriculture have the landowner's property aerially
sprayed to suppress the presence of gypsy moths in exchange for
payment from the landowner of a portion of the cost of the spraying.
To determine the total cost per acre, the department shall add the
per-acre cost of the product selected by the landowner to suppress
gypsy moths and the per-acre cost of applying the product as
determined by the director in rules. To determine the aggregate total
cost, the department shall multiply the total cost per acre by the
number of acres that the landowner requests to be sprayed. The
department shall add to that amount any administrative costs that it
incurs in billing the landowner and collecting payment. The portion
of the cost that is assessed to the landowner, if any, shall be
determined by the funding that is allocated to the department by the
federal and state gypsy moth suppression programs.

(C)
The director shall adopt rules under Chapter 119. of the Revised Code
to establish procedures under which a landowner may make a request
under division (B) of this section, to establish the per-acre cost of
applying product to suppress gypsy moths, and to establish provisions
governing agreements between the department and landowners concerning
gypsy moth suppression

together with any other provisions that the director considers
appropriate to administer this section
.

(D)
The director shall deposit all money collected under this section to
the credit of the plant pest program fund created in section 927.54
of the Revised Code. Money credited to the fund under this section
shall be used for the suppression of gypsy moths in accordance with
this section.

Sec.
927.71.
(A)
The director of agriculture
,

may adopt rules

in accordance with Chapter 119. of the Revised Code
,
may
to

quarantine:

(1)
This state or any portion thereof when the director determines that
such action is necessary to prevent or retard the spread of a pest
into, within, or from this state;

(2)
Any other state or portion thereof when the director determines that
a pest exists therein and that such action is necessary to prevent or
retard its spread into this state.

(B)
The director may limit the application of a quarantine to the
infested portions of the quarantined area and appropriate environs,
to be known as the regulated area, and may, without further hearing,
extend the regulated area to include additional portions of the
quarantined area either:

(1)
Upon publication of a notice to that effect in such newspapers in the
quarantined area as the director may select;

(2)
Upon written notice to those concerned.

(C)
Following establishment of a quarantine, no person shall move any
regulated article described in the quarantine, or move the pest
against which the quarantine is established, within, from, into, or
through this state contrary to rules adopted by the director without
prior permission or order of the director.

(D)

A
rule
The
director
may

adopt
rules in accordance with Chapter 119. of the Revised Code to
restrict
the movement of a pest and any regulated article from the quarantined
or regulated area in this state into or through other parts of this
state or other states and from the quarantine or regulated area in
other states into or through this state

and may impose such inspection, disinfection, certification, permit,
or other requirements as the director determines necessary to
effectuate the purpose of sections 927.51 to 927.73 of the Revised
Code
.

Sec.
928.03.
The
director of agriculture, in consultation with the governor and
attorney general, shall adopt rules in accordance with Chapter 119.
of the Revised Code establishing standards and procedures for the
regulation of hemp processing.

The director
also

shall
adopt
such

rules,
in consultation with the governor and attorney general

and in accordance with Chapter 119. of the Revised Code
,
regarding hemp cultivation if the director implements a program to
monitor and regulate hemp cultivation under division (A)(1) of
section 928.02 of the Revised Code. The rules shall
include

specify

all
of the following:

(A)
The form of an application for a hemp cultivation license and hemp
processing license and the information required to be included in
each license application;

(B)
The amount of an initial application fee that an applicant shall
submit along with an application for a hemp cultivation license or a
hemp processing license, and the amount of an annual license fee that
a licensee shall submit for a hemp cultivation license or a hemp
processing license. In adopting rules under division (B) of this
section, the director shall ensure both of the following:

(1)
That the amount of the application fee and annual license fee does
not exceed an amount sufficient to cover the costs incurred by the
department of agriculture to administer and enforce this chapter;

(2)
That there is one uniform application fee and one uniform annual
license fee that applies to all applicants for a hemp cultivation
license.

(C)
Requirements and procedures concerning background investigations of
each applicant for a hemp cultivation license and each applicant for
a hemp processing license. The director shall include both of the
following in the rules adopted under this division:

(1)
A requirement that each applicant comply with sections 4776.01 to
4776.04 of the Revised Code;

(2)
Provisions that prohibit the director from issuing a hemp cultivation
license or hemp processing license to an applicant that has not
complied with those sections.

(D)
Requirements regarding the experience, equipment, facilities, or land
necessary to obtain a hemp cultivation license;

(E)
Requirements and procedures regarding standards of financial
responsibility for each applicant for a hemp processing license.

(F)
Procedures and requirements for the issuance, renewal, denial,
suspension, and revocation of a hemp cultivation license and hemp
processing license, including providing for a hearing under Chapter
119. of the Revised Code with regard to such a denial, suspension, or
revocation;

(G)
Grounds for the denial, suspension, and revocation of a hemp
cultivation license and of a hemp processing license, including a
requirement that the director revoke a hemp cultivation license or
hemp processing license, for a period of ten years, of any person who
pleads guilty to or is convicted of a felony relating to a controlled
substance;

(H)
A requirement that the director shall not issue a hemp cultivation
license or hemp processing license to any person who has pleaded
guilty to or been convicted of a felony relating to a controlled
substance in the ten years immediately prior to the submission of the
application for a license;

(I)
A requirement that any person that materially falsifies information
in an application for a hemp cultivation license or hemp processing
license is ineligible to receive either license;

(J)
A practice for maintaining relevant information regarding land on
which hemp is cultivated by hemp cultivation licensees, including a
legal description of the land, in accordance with applicable federal
law;

(K)
Requirements prohibiting a hemp cultivation licensee and a hemp
processing licensee from cultivating or processing marihuana;

(L)
A procedure for testing, using post-decarboxylation or other
similarly reliable methods, delta-9 tetrahydrocannabinol
concentration levels of plants and products for purposes of
determining compliance with this chapter and rules adopted under it;

(M)
Requirements and procedures for the issuance, administration, and
enforcement of corrective action plans issued under this chapter;

(N)
A procedure for conducting annual inspections of, at a minimum, a
random sample of hemp cultivation license holders to verify that
plants are not being cultivated in violation of this chapter or rules
adopted under it;

(O)
A procedure for conducting annual inspections of, at a minimum, a
random sample of hemp processing license holders to verify that such
license holders are not operating in violation of this chapter or
rules adopted under it;

(P)
A procedure for complying with enforcement procedures required under
federal law;

(Q)
A procedure for the effective disposal of all of the following:

(1)
Plants, whether growing or not, cultivated in violation of this
chapter or rules adopted under it;

(2)
Products derived from plants cultivated in violation of this chapter
or rules adopted under it;

(3)
Products produced in violation of this chapter or rules adopted under
it.

(R)
Requirements and procedures governing the production, storage, and
disposal of hemp byproducts.

For
the purposes of this chapter and notwithstanding any provision of law
to the contrary, "hemp product" includes a byproduct,
produced as a result of processing hemp, that contains a delta-9
tetrahydrocannabinol concentration of more than three-tenths per
cent, provided that the byproduct is produced, stored, and disposed
of in accordance with rules adopted under division (R) of this
section.

(S)
Procedures for sharing information regarding hemp cultivation license
holders with the secretary of the USDA;

(T)
A setback distance requirement that specifies the distance that a
hemp cultivation license holder shall locate hemp plants from a
location where medical marijuana is being cultivated. The requirement
does not apply to a hemp cultivation license holder with regard to a
medical marijuana cultivator that locates medical marijuana within
the established setback distance requirement after the hemp
cultivation license holder begins operation.

(U)
Annual reporting requirements and procedures for hemp cultivation
license holders and hemp processing license holders;

(V)
Recordkeeping and documentation maintenance requirements and
procedures for hemp cultivation license holders and hemp processing
license holders;

(W)
Fees for the laboratory testing of plants and products;

(X)
Standards for the testing and labeling of hemp and hemp products;

(Y)
Requirements prohibiting the processing of hemp in a building used as
a personal residence or on land that is zoned for residential use;

(Z)
Production standards and manufacturing practices for processing hemp;

(AA)
Procedures and requirements for the transportation and storage of
both hemp and hemp products
;

(BB)
Any other requirements or procedures necessary to administer and
enforce this chapter
.

Sec.
935.17.
The
director of agriculture shall adopt rules in accordance with Chapter
119. of the Revised Code that establish all of the following:

(A)
Both of the following concerning the registration of dangerous wild
animals under section 935.04 of the Revised Code:

(1)
Any additional information that must be included with a registration;

(2)
Standards for the care and housing of registered dangerous wild
animals, including standards for the proper care of each species of
dangerous wild animal and caging and fencing of the animals.

The
director shall adopt rules under division (A) of this section not
later than ninety days after September 5, 2012.

(B)
Standards for the care and well-being of dangerous wild animals
specified in divisions (C)(1) to (19) of section 935.01 of the
Revised Code that are possessed by the holders of wildlife shelter
permits and wildlife propagation permits issued under this chapter.
The standards shall govern at least sanitation for, provision of
health care for, and feeding, caging, housing, and fencing of
dangerous wild animals. In adopting rules under this division, the
director shall consider the following factors:

(1)
Best management practices for the care and well-being of dangerous
wild animals;

(2)
Public health and safety;

(3)
Biosecurity;

(4)
The prevention of disease;

(5)
Animal morbidity and mortality data;

(6)
Generally accepted veterinary medical practices;

(7)
Standards adopted by the association of zoos and aquariums;

(8)
Standards adopted by the zoological association of America;

(9)
Standards established in the federal animal welfare act;

(10)
Ethical standards established by the American veterinary medical
association
;

(11)
Any other factors that the director considers necessary for the
proper care and well-being of dangerous wild animals in this state
.

(C)
Standards for the housing of dangerous wild animals specified in
division (C)(20) of section 935.01 of the Revised Code that are
possessed by the holders of wildlife shelter permits and wildlife
propagation permits issued under this chapter;

(D)
All of the following concerning applications for permits issued under
sections 935.06 and 935.07 of the Revised Code:

(1)
Any additional information that must be included with a permit
application;

(2)
Criteria for determining what constitutes a species survival program
for the purposes of division (A) of section 935.07 of the Revised
Code and requirements and procedures that are necessary to determine
if a program meets those criteria;

(3)
The content of the examination specified in division (B)(6) of
section 935.05 of the Revised Code. The rules shall require the
examination to test an applicant's knowledge on topics that include
proper diet, health care, exercise needs, and housing of the species
of dangerous wild animal or animals that are the subject of the
application.

(4)
Procedures and requirements concerning the administration of the
examination specified in division (B)(6) of section 935.05 of the
Revised Code.

(E)
All of the following concerning applications for permits issued under
sections 935.09 and 935.10 of the Revised Code:

(1)
Any additional information that must be included with a permit
application;

(2)
The content of the examination specified in division (B)(5) of
section 935.08 of the Revised Code. The rules shall require the
examination to test an applicant's knowledge on topics that include
proper diet, health care, and housing of the species of restricted
snake or snakes that are the subject of the application.

(3)
Procedures and requirements concerning the administration of the
examination specified in division (B)(5) of section 935.08 of the
Revised Code.

(F)
Both of the following concerning applications for permits issued
under section 935.101 of the Revised Code:

(1)
Information that must be included in a permit application;

(2)
Criteria and procedures for the issuance or denial of a permit.

(G)
Standards for the care and well-being of dangerous wild animals that
are possessed by the holders of permits issued under section 935.101
of the Revised Code. The standards shall govern at least sanitation
for, provision of health care for, and feeding, caging, housing, and
fencing of dangerous wild animals. In adopting the rules, the
director may consider the standards of care and housing established
in rules adopted under division (B) of this section and section
935.12 of the Revised Code.

(H)
Procedures and requirements governing the maintenance of records
under section 935.15 of the Revised Code;

(I)
Standards for signs that are required to be posted and displayed in
accordance with section 935.18 of the Revised Code;

(J)
The amount of civil penalties that may be assessed under section
935.24 of the Revised Code
;

(K)
Any other provisions necessary to administer and enforce this
chapter
.

Sec.
936.02.
(A)
The director of agriculture shall establish a propane council

and adopt rules in accordance with Chapter 119. of the Revised Code
necessary to implement this chapter
.

(B)
The director shall appoint the following members to the council in
accordance with this section

and rules adopted under it
:

(1)
Two multi-state propane gas retailers;

(2)
Two intrastate propane gas retailers;

(3)
One cooperative propane gas retailer;

(4)
One wholesale propane gas wholesale distributor;

(5)
One propane gas equipment dealer;

The
director of agriculture or the director's designee and the state fire
marshal or the fire marshal's designee also shall serve on the
council.

(C)
The director shall appoint members under divisions (B)(1) through (5)
of this section from a list submitted by a qualified statewide
propane association. The director shall not appoint a person as a
member of the council unless the person is at least twenty-five years
old and has at least five years of active experience in the propane
gas industry.

(D)
Not later than ninety days after the effective date of this section,
the director shall make initial appointments to the council. Members
shall serve three-year staggered terms of office

in accordance with rules adopted by the director
.

Sec.
939.02.
The
director of agriculture shall do all of the following:

(A)
Provide administrative leadership to soil and water conservation
districts in planning, budgeting, staffing, and administering
district programs and the training of district supervisors and
personnel in their duties, responsibilities, and authorities as
prescribed in this chapter and Chapter 940. of the Revised Code;

(B)
Administer this chapter and Chapter 940. of the Revised Code
pertaining to state responsibilities and provide staff assistance to
the Ohio soil and water conservation commission in exercising its
statutory responsibilities;

(C)
Assist in expediting state responsibilities for watershed development
and other soil and water conservation works of improvement, including
assisting in watershed planning and management under section 940.41
of the Revised Code;

(D)
Coordinate or support the development and implementation of
cooperative programs and working agreements between soil and water
conservation districts and the department of agriculture, department
of natural resources, environmental protection agency, or other
agencies of local, state, and federal government. The cooperative
programs and working agreements shall be for the support of farm,
rural, suburban, and urban conservation programs.

(E)
Subject to the approval of the Ohio soil and water conservation
commission, adopt rules in accordance with Chapter 119. of the
Revised Code that do or comply with all of the following:

(1)
Establish technically feasible and economically reasonable standards
to achieve a level of management and conservation practices in
farming operations that will abate wind or water erosion of the soil
or abate the degradation of the waters of the state by residual farm
products, manure, or soil sediment, including attached substances,
and establish criteria for determination of the acceptability of such
management and conservation practices;

(2)
Establish procedures for administration of rules for agricultural
pollution abatement and for enforcement of those rules;

(3)
Specify the pollution abatement practices eligible for state cost
sharing and determine the conditions for eligibility, the
construction standards and specifications, the useful life, the
maintenance requirements, and the limits of cost sharing for those
practices. Eligible practices shall be limited to practices that
address agricultural operations and that require expenditures that
are likely to exceed the economic returns to the owner or operator
and that abate soil erosion or degradation of the waters of the state
by residual farm products, manure, or soil sediment, including
attached pollutants.

(4)
Establish procedures for administering grants to owners or operators
of agricultural land or animal feeding operations for the
implementation of operation and management plans;

(5)
Do both of the following with regard to composting conducted in
conjunction with agricultural operations:

(a)
Establish methods, techniques, or practices for composting dead
animals, or particular types of dead animals, that are to be used at
such operations, as the director considers to be necessary or
appropriate;

(b)
Establish requirements and procedures governing the review and
approval or disapproval of composting plans by the supervisors of
soil and water conservation districts under division
(S)
(R)

of section 940.06 of the Revised Code.

(6)
Establish best management practices for inclusion in operation and
management plans;

(7)
Establish the amount of civil penalties assessed by the director
under division (A) of section 939.07 of the Revised Code for
violation of rules adopted under division (E) of this section;

(8)
Not conflict with air or water quality standards adopted pursuant to
section 3704.03 or 6111.041 of the Revised Code. Compliance with
rules adopted under this section does not affect liability for
noncompliance with air or water quality standards adopted pursuant to
section 3704.03 or 6111.041 of the Revised Code. The application of a
level of management and conservation practices recommended under this
section to control windblown soil from farming operations creates a
presumption of compliance with section 3704.03 of the Revised Code as
that section applies to windblown soil.

(F)
Cost share with landowners on practices established pursuant to
division (E)(3) of this section as moneys are appropriated and
available for that purpose. Any practice for which cost share is
provided shall be maintained for its useful life. Failure to maintain
a cost share practice for its useful life shall subject the landowner
to full repayment to the department.

(G)
Employ field assistants and other employees that are necessary for
the performance of the work prescribed by Chapter 940. of the Revised
Code, for performance of work of the department under this chapter,
and as agreed to under working agreements or contractual arrangements
with soil and water conservation districts, prescribe their duties,
and fix their compensation in accordance with schedules that are
provided by law for the compensation of state employees. All such
employees of the department, unless specifically exempted by law,
shall be employed subject to the classified civil service laws in
force at the time of employment.

(H)
In connection with new or relocated projects involving highways,
underground cables, pipelines, railroads, and other improvements
affecting soil and water resources, including surface and subsurface
drainage:

(1)
Provide engineering services that are mutually agreeable to the Ohio
soil and water conservation commission and the director to aid in the
design and installation of soil and water conservation practices as a
necessary component of such projects;

(2)
Maintain close liaison between the owners of lands on which the
projects are executed, soil and water conservation districts, and
authorities responsible for such projects;

(3)
Review plans for such projects to ensure their compliance with
standards developed under division (E) of this section in cooperation
with the department of transportation or with any other interested
agency that is engaged in soil or water conservation projects in the
state in order to minimize adverse impacts on soil and water
resources adjacent to or otherwise affected by these projects;

(4)
Recommend measures to retard erosion and protect soil and water
resources through the installation of water impoundment or other soil
and water conservation practices;

(5)
Cooperate with other agencies and subdivisions of the state to
protect the agricultural status of rural lands adjacent to such
projects and control adverse impacts on soil and water resources.

(I)
Collect, analyze, inventory, and interpret all available information
pertaining to the origin, distribution, extent, use, and conservation
of the soil resources of the state;

(J)
Prepare and maintain up-to-date reports, maps, and other materials
pertaining to the soil resources of the state and their use and make
that information available to governmental agencies, public
officials, conservation entities, and the public;

(K)
Provide soil and water conservation districts with technical
assistance including on-site soil investigations and soil
interpretation reports on the suitability or limitations of soil to
support a particular use or to plan soil conservation measures. The
assistance shall be on terms that are mutually agreeable to the
districts and the department of agriculture.

(L)
Assist local government officials in utilizing land use planning and
zoning, current agricultural use value assessment, development
reviews, and land management activities;

(M)
When necessary for the purposes of this chapter or Chapter 940. of
the Revised Code, develop or approve operation and management plans.
The director may designate an employee of the department to develop
or approve operation and management plans in lieu of the director.

This
section does not restrict the manure of domestic or farm animals
defecated on land outside an animal feeding operation or runoff from
that land into the waters of the state.

Sec.
939.04.
(A)
A person who owns or operates an agricultural operation, or owns the
animals raised by the owner or operator of an agricultural operation,
and who wishes to conduct composting of dead animals resulting from
the agricultural operation shall do both of the following:

(1)
Participate in an educational course concerning composting conducted
by OSU extension and obtain a certificate of completion for the
course;

(2)
Use the appropriate method, technique, or practice of composting
established in rules adopted under division (E)(5) of section 939.02
of the Revised Code.

(B)
A person who fails to comply with division (A) of this section shall
prepare and operate under a composting plan required by the director
of agriculture under division (A)(2) of section 939.02 of the Revised
Code. If the person's proposed composting plan is disapproved by the
supervisors of the appropriate soil and water conservation district
under division
(S)(3)
(R)(3)

of section 940.06 of the Revised Code, the person may appeal the plan
disapproval to the director, who shall afford the person a hearing.
Following the hearing, the director shall uphold the plan disapproval
or reverse it. If the director reverses the disapproval, the plan
shall be deemed approved.

Sec.
940.02.
There
is hereby established in the department of agriculture the Ohio soil
and water conservation commission. The commission shall consist of
seven members of equal status and authority, six of whom shall be
appointed by the governor with the advice and consent of the senate,
and one of whom shall be designated by resolution of the board of
directors of the Ohio federation of soil and water conservation
districts. The directors of agriculture, environmental protection,
and natural resources, the vice-president for agricultural
administration of the Ohio state university, and an officer of the
Ohio federation of soil and water conservation districts, or their
designees, may serve as ex officio members of the commission, but
without the power to vote. A vacancy in the office of an appointed
member shall be filled by the governor, with the advice and consent
of the senate. Any member appointed to fill a vacancy occurring prior
to the expiration of the term for which the member's predecessor was
appointed shall hold office for the remainder of that term. Of the
appointed members, four shall be persons who have a knowledge of or
interest in agricultural production and the natural resources of the
state. One member shall represent rural interests and one member
shall represent urban interests. Not more than three of the appointed
members shall be members of the same political party.

Terms
of office of the member designated by the board of directors of the
federation and the members appointed by the governor shall be for
four years, commencing on the first day of July and ending on the
thirtieth day of June.

Each
appointed member shall hold office from the date of appointment until
the end of the term for which the member was appointed. Any appointed
member shall continue in office subsequent to the expiration date of
the member's term until the member's successor takes office, or until
a period of sixty days has elapsed, whichever occurs first.

The
commission shall organize by selecting from its members a chairperson
and a vice-chairperson. The commission shall hold at least one
regular meeting in each quarter of each calendar year and shall keep
a record of its proceedings, which shall be open to the public for
inspection. Special meetings may be called by the chairperson and
shall be called by the chairperson upon receipt of a written request
signed by two or more members of the commission. Written notice of
the time and place of each meeting shall be sent to each member of
the commission. A majority of the commission shall constitute a
quorum.

The
commission may adopt rules as necessary to carry out the purposes of
this chapter, subject to Chapter 119. of the Revised Code.

The
governor may remove any appointed member of the commission at any
time for inefficiency, neglect of duty, or malfeasance in office,
after giving to the member a copy of the charges against the member
and an opportunity to be heard publicly in person or by counsel in
the member's defense. Any such act of removal by the governor is
final. A statement of the findings of the governor, the reason for
the governor's action, and the answer, if any, of the member shall be
filed by the governor with the secretary of state and shall be open
to public inspection.

All
members of the commission shall be reimbursed for the necessary
expenses incurred by them in the performance of their duties as
members.

Upon
recommendation by the commission, the director of agriculture shall
designate an executive secretary and provide staff necessary to carry
out the powers and duties of the commission.

The
commission shall do all of the following:

(A)
Determine distribution of funds under section 940.15 of the Revised
Code, recommend to the director and other agencies the levels of
appropriations to special funds established to assist soil and water
conservation districts, and recommend the amount of federal funds to
be requested and policies for the use of such funds in support of
soil and water conservation district programs;

(B)
Assist in keeping the board of supervisors of soil and water
conservation districts informed of its powers and duties, program
opportunities, and the activities and experience of all other
districts, and facilitate the interchange of advice, experience, and
cooperation between the districts;

(C)
Seek the cooperation and assistance of the federal government or any
of its agencies, and of agencies of this state, in the work of the
districts;

(D)
Adopt appropriate rules governing the conduct of elections provided
for in this chapter, subject to Chapter 119. of the Revised Code,
provided that only owners and occupiers of lands situated within the
boundaries of the districts or proposed districts to which the
elections apply shall be eligible to vote in the elections;

(E)
Recommend to the director priorities for planning and construction of
small watershed projects, and make recommendations to the director
concerning coordination of programs as proposed and implemented in
agreements with soil and water conservation districts;

(F)
Recommend to the directors of agriculture, environmental protection,
and natural resources, the governor, and the general assembly
programs and legislation with respect to the operations of soil and
water conservation districts that will encourage proper soil, water,
and other natural resource management for farm, rural, suburban, and
urban land and promote the economic and social development of the
state;

(G)
Recommend to the director of agriculture a procedure for coordination
of a program of agricultural pollution abatement. Implementation of
such a program shall be based on water quality standards adopted
pursuant to section 6111.041 of the Revised Code. The director of
environmental protection may coordinate with the division of soil and
water conservation in the department of agriculture and soil and
water conservation districts for the abatement of agricultural
pollution.

Sec.
940.31.
(A)
At the conclusion of the hearing conducted under section 940.30 of
the Revised Code, the board of county commissioners shall vote to
approve or dismiss the petition.

(B)
The board may approve the petition if the board is reasonably certain
that:

(1)
The benefits of the proposed improvement outweigh the costs.

(2)
The proposed improvement is necessary.

(3)
The proposed improvement will be conducive to the public welfare.

(4)
The proposed route and mode of construction of the improvement will
improve water management and development in the county in which the
district is located to the advantage of lands located in it.

(5)
The proposed improvement will aid lands in the area by promoting the
economic, environmental, or social development of the area.

(C)
When, in the opinion of the board of county commissioners, it is
necessary for the board to acquire real property or a right-of-way or
other easement for an improvement project under this chapter, the
board may make the acquisition through purchase or voluntary
transfer, or the board may appropriate the real property or
right-of-way or other easement in accordance with sections 163.01 to
163.62 of the Revised Code.

(D)
If the board approves a petition for an improvement, the county
engineer shall file with the county recorder all of the following:

(1)
A property plat showing the landowners of record and parcel numbers
along the improvement;

(2)
The location of the improvement;

(3)
The width of any permanent easement that is necessary for maintenance
of the improvement granted in section 6137.12 of the Revised Code;

(4)
An affidavit listing the landowners of record, complete property
descriptions, and parcel numbers subject to the permanent easement.
The county engineer shall note the property plat in the affidavit.

The
county engineer shall include the permanent easement in the county's
geographic information systems or other mapping system, if available.

In
the case of an improvement that is an open ditch, provisions that
govern the permanent easement for maintenance of the ditch that are
established in section 6137.12 of the Revised Code apply.

(E)
A board of county commissioners shall follow competitive bidding
requirements in sections 307.86 to 307.91 of the Revised Code in
constructing an improvement. However, the board may designate the
board of supervisors of a soil and water conservation district as the
contracting agency. The board of supervisors shall follow division

(H)
(G)

of section 940.06 of the Revised Code. If the improvement is being
undertaken through the joint efforts and cooperation of the board of
county commissioners or board of supervisors and another state or
federal agency, and if the state or federal regulations or procedures
are in conflict with those sections with respect to the procedures
for the preparing of contracts, the issuing of bids, the making of
awards, and generally the administering of the contracts, the board
of county commissioners or board of supervisors may adopt the state
or federal regulations or procedures in those areas where conflict
exists and proceed with the improvement in accordance with the
requirements of the state or federal regulations or procedures.

(F)
If a board of county commissioners does not approve a petition for a
proposed improvement, the applicable board of supervisors may revise
the proposed improvement and submit the revision to the board of
county commissioners for reconsideration of the petition.

Sec.
941.01.
As
used in this chapter:

(A)
"Dangerously contagious or infectious disease" means any
disease, including any foreign animal disease, or vector, that the
director of agriculture, in the director's sound discretion,
determines to be of harmful effect on the animal or poultry industry
or the public health and to be capable of transmission by any means
from a carrier animal to a human or to another animal.

(B)
"Disease of concern" means any disease, including any
foreign animal disease, or vector, that the director determines may
have an adverse impact on the animal or poultry industry or to the
public health in this state, but that is not a disease that is
reportable to the United States department of agriculture.

(C)
"Geographic area" means any county or counties within this
state or parts thereof as may be designated by the director.

(D)
"Animal" means any animal that is a bird, reptile,
amphibian, fish, or mammal, other than humans.

(E)
"Domestic animal" includes livestock; other animals that
through long association with humans have been bred to a degree
resulting in genetic changes affecting the temperament, color,
conformation, or other attributes of the species to an extent that
makes them different from nondomestic animals of their kind; and
other animals as defined
by
rule
by
the director.

(F)
"Foreign animal disease" means a contagious or infectious
disease that is not present in United States domestic or nondomestic
species populations and is listed by the United States department of
agriculture as a "foreign animal disease."

(G)
"Nondomestic animal" means any animal that is not domestic,
including at least nonindigenous animals and animals usually not in
captivity.

(H)
"Poultry" means any domesticated fowl kept in confinement,
except for doves and pigeons, that are bred for the primary purpose
of producing eggs or meat for human consumption. "Poultry"
includes chickens, turkeys, waterfowl, and game birds.

(I)
"Vector" means a disease carrier, usually from, but not
limited to, the arthropod class, that transfers an infectious agent
that may transmit a dangerously contagious or infectious disease from
one host to another.

(J)
"Residue" means any poisonous or deleterious pesticide
governed by 40 C.F.R. 180, any poisonous or deleterious substance
governed by 21 C.F.R. 109.6, or any other substance governed by 21
C.F.R. 556.

(K)
"Seal" means any band or object made of metal, plastic, or
other material placed on a vehicle or other means of conveyance so
that when the vehicle or conveyance is opened, the band or object is
affected, altered, or broken.

Sec.
941.03.
(A)

The director of agriculture, under Chapter 119. of the Revised Code,
may adopt
and
enforce
rules
to
carry
out this chapter, including designating
designate

a
disease or vector as a dangerously contagious or infectious disease
or as a disease of concern.

(B)
No person shall fail to comply with the rules adopted by the director
under division (A) of this section.

Sec.
941.99.
(A)
Whoever violates sections
941.03,

941.05,
941.06, 941.08, 941.14, 941.24, 941.25, 941.54, 941.56, or division
(C) of section 941.07, division (B) of section 941.09, division (C)
of section 941.10, division (B) of section 941.11, or division (A) of
section 941.55 of the Revised Code is guilty of a misdemeanor of the
fourth degree. For each subsequent violation, such person is guilty
of a misdemeanor of the third degree.

(B)
Whoever violates division (A), (C), or (D) of section 941.041 of the
Revised Code is guilty of a misdemeanor of the first degree.

(C)
Whoever violates division (B) of section 941.041 of the Revised Code
is guilty of a misdemeanor of the fourth degree on a first offense.
On each subsequent violation, the person is guilty of a misdemeanor
of the third degree.

(D)
Except as otherwise provided in this section, whoever violates
division (E) or (F) of section 941.041 of the Revised Code is guilty
of a misdemeanor of the first degree. If the animal is found to be
infected with or to have been exposed to a dangerously contagious or
infectious disease or is adulterated with a residue or if the person
previously has been convicted of or pleaded guilty to one violation
of division (E) or (F) of section 941.041 of the Revised Code, the
person is guilty of a felony of the fifth degree. Thereafter, on each
subsequent violation, the person is guilty of a felony of the fourth
degree.

Sec.
943.03.
(A)(1)
Application for a license as a dealer or broker shall be made in
writing to the department of agriculture. The application shall state
the nature of the business, the municipal corporation, township, and
county, and the post-office address of the location where the
business is to be conducted, the name of any employee authorized to
act in the dealer's or broker's behalf, and such additional
information as the department prescribes.

The
applicant shall satisfy the department of the applicant's good faith
in seeking to engage in such business. The department shall issue to
the applicant a license to conduct the business of a dealer or broker
at the place named in the application. Licenses, unless revoked,
shall expire annually on the thirty-first day of March and shall be
renewed according to the standard renewal procedure of sections
4745.01 to 4745.03 of the Revised Code.

(2)
No license shall be issued by the department to a dealer or broker
having weighing facilities until the applicant has filed with the
department a copy of a scale test certificate showing the weighing
facilities to be in satisfactory condition, a copy of the license of
each weigher employed by the applicant, and a certificate of
inspection by the department showing livestock market facilities to
be in satisfactory sanitary condition.

(3)
Except as provided in division (A)(4) of this section, no license
shall be issued by the department until the applicant has furnished
proof of financial responsibility. Except as provided in division (C)
of this section, such proof may be in the following forms:

(a)
A bond of a surety company authorized to do business in this state in
the form prescribed by and to the satisfaction of the department,
conditioned for the payment of a judgment against the applicant
furnishing the bond and arising out of the failure of such dealer or
broker to pay for the livestock purchased for the dealer's or
broker's own or for the accounts of others or to pay when due to the
person entitled thereto the gross amount, less lawful charges, for
which all of the livestock is sold. The amount of bond required, the
termination of the bond, and the limitation on filing claims against
the dealer or broker or their surety shall be the same as prescribed
in division (B) of this section.

(b)
A deposit with a trustee acceptable to the department of the required
amount in money or negotiable bonds of the United States or of this
state or of a political subdivision of this state of that par or face
value, or any combination thereof, for the purpose of securing the
payment of a judgment against the dealer or broker furnishing the
deposit and arising out of the failure of the dealer or broker to pay
for the livestock purchased for the dealer's or broker's own or for
the accounts of others, or to pay when due to the person entitled
thereto the gross amount, less lawful charges, for which all of the
livestock is sold. The deposit shall be made under a deposit
agreement acceptable to the department. The deposit is not subject to
attachment for any other claim or levy of execution upon a judgment
based on any other claims.

(4)
An applicant for a license as a dealer or broker of poultry is not
required to maintain financial responsibility or furnish proof of
financial responsibility.

(B)
Any person damaged by failure of a dealer or broker to pay for the
livestock purchased for the dealer's or broker's or for the accounts
of others or to pay when due to the person entitled thereto the gross
amount, less lawful charges, for which all of the livestock is sold
may maintain an action against the broker or dealer and the sureties
on the bonds, or the trustee, provided for in this section. The
aggregate liability of the sureties or trustee for all such damage
shall not exceed the amount of the bond or deposit.

Unless
the person damaged files a claim with the dealer or broker and the
sureties or trustee within sixty days from the date of the
transaction on which the claim is based, the person shall be barred
from maintaining an action on the bond or for the application of the
deposit. Upon the filing of a claim, the claimant shall notify the
department of that action.

The
amount of the bond or deposit shall not be less than the nearest
multiple of one thousand dollars above the average daily value of
livestock sold by the dealer or broker for the accounts of others and
livestock purchased by the dealer or broker for the dealer's or
broker's or for the accounts of others on the dealer's or broker's
ten largest business days during the preceding twelve months or such
part thereof as the dealer or broker was purchasing, selling, or
exchanging livestock. In no case shall the amount of the bond or
deposit total less than ten thousand dollars.

Whenever
the amount of bond or deposit calculated as above specified exceeds
fifty thousand dollars, the amount of the bond shall be fifty
thousand dollars plus ten per cent of the valuation in excess of
fifty thousand dollars.

In
no case shall the bond or deposit covering the business of the dealer
or broker be less than the amount specified above or such higher
amount as may be specified by the "Packer and Stockyards Act of
1921," 42 Stat. 159, 7 U.S.C.A. 181, as amended.

Whenever
in the judgment of the department the business volume of the licensee
is such as to render the bond or deposit inadequate, the amount of
the bond or deposit shall be adjusted, upon thirty days' notice, to
meet sections 943.01 to 943.18 of the Revised Code

and rules adopted under them
.
All of the bonds or deposit agreements shall contain a provision
requiring that at least thirty days' prior notice in writing be given
to the department and the packers and stockyards administration of
the United States department of agriculture by the party terminating
the bonds or deposit agreements in order to effect termination,
except that a bond may be terminated as of the effective date of a
replacement bond.

The
termination of a bond shall not release the parties from any
liability arising out of facts or transactions occurring prior to the
termination date.

The
termination of a deposit agreement shall neither release the party
furnishing the deposit from any liability arising out of acts or
transactions occurring prior to the termination date, nor shall the
trustee permit the withdrawal of the deposit until after sixty days
after the termination date, and then only if no claims under the
agreement have been filed with the trustee. If any claims have been
filed with the trustee, the withdrawal of the deposit shall not be
permitted until the claims have been satisfied or released and
evidence of the satisfaction or release filed with the trustee.

(C)
If approved by the director of agriculture, in lieu of the bond or
deposit required in division (A)(3) of this section, a broker or
dealer subject to the "Packers and Stockyards Act of 1921,"
42 Stat. 159, 7 U.S.C.A. 181, as amended, may furnish proof in a
manner and form acceptable to the director that the broker or dealer
has an irrevocable letter of credit on file with the packers and
stockyards administration under regulations adopted by the packers
and stockyards administration in 9 C.F.R. 201.35, as amended.

(D)
No licensed livestock dealer or broker shall employ as an employee a
person who, as a dealer or broker, previously defaulted on contracts
pertaining to the purchase, exchange, or sale of livestock until the
licensee does both of the following:

(1)
Increases the value of the dealer's or broker's bond, deposit, or
letter of credit, in addition to the amount of any other bond,
deposit, or letter of credit required by this section, by an amount
equal to that owed by such person for the purchase, exchange, or sale
of livestock prior to being employed by the licensee;

(2)
Signs and files with the director an agreement that guarantees,
without condition, all contracts pertaining to the purchase,
exchange, or sale of livestock made by such person while in the
employ of the licensee. The agreement shall be in addition to any
other proof of financial responsibility required by this section. The
director shall prescribe the form and content of the agreement.

(E)
No licensed livestock dealer or broker shall employ a person whose
dealer's or broker's license was revoked or is suspended.

Sec.
943.07.
Each
small dealer, dealer, or broker leasing, renting, operating, or
owning livestock yards, pens, premises, or vehicles in which animals
are quartered, fed, held, or transported, shall have a veterinary
inspector approved by the department of agriculture, inspect, when
directed, all such yards, premises, and vehicles and shall thoroughly
and completely disinfect all such yards, pens, premises, and vehicles
under the direction of the veterinary inspector and as prescribed by
the department. The cost of the inspection and disinfection shall be
borne by the small dealer, dealer, or broker.

The
department shall not require such veterinary inspection of yards,
pens, premises, or other facilities where veterinary inspection is
regularly maintained by the United States department of agriculture,
or by the municipal corporation in which the same are located, or
where livestock is transported to markets or slaughtering
establishments where such inspection is maintained.

The
department may adopt adequate sanitary requirements covering the
construction and maintenance of buildings, pens, and chutes on all
premises regularly used for the assembling, receiving, handling,
feeding, watering, holding, buying, or selling of livestock
,
and may prescribe and enforce rules for the purpose of carrying into
effect sections
.
Sections

943.01 to 943.18 of the Revised Code
.
Those sections
shall
not apply to railroads subject to the "Interstate Commerce Act
of 1887," 24 Stat. 379, 49 U.S.C.A. 1.

Sec.
943.14.
(A)
The department of agriculture or any of its authorized agents may
inspect the records of any licensee or employee at any time to
determine the origin and destination of any livestock handled by the
licensee and to determine if sections 943.01 to 943.18 of the Revised
Code
,
or the rules adopted thereunder,

have been violated.

(B)
A small dealer, dealer, or broker, employee, or person described in
division (B)(4) of section 943.01 of the Revised Code, who acquires
or disposes of an animal by any means, shall make a record of the
name and address of the person from whom the animal was acquired and
to whom disposed. The record also shall show the individual
identification of each animal at the time of acquisition or disposal.
These records shall be maintained for a period of sixty months or
longer from the date of acquisition or disposal.

(C)
The individual identification in division (B) of this section shall
be in a manner or form approved by the department.

(D)
A person who is a soliciting agent for a video auction pursuant to
division (C) of section 943.02 of the Revised Code shall maintain
records in a manner or form approved by the department.

Sec.
943.24.
The
director of agriculture shall adopt rules in accordance with Chapter
119. of the Revised Code that establish all of the following:

(A)
Requirements governing health monitoring and disease testing of
monitored captive deer, captive deer with status, and captive deer
with certified chronic wasting disease status, which testing may
include, but is not limited to, testing for chronic wasting disease,
brucellosis, and tuberculosis of such deer that are held at a
facility licensed under section 1533.71 or 1533.721 of the Revised
Code;

(B)
Requirements governing captive whitetail deer licensees, including
record-keeping requirements related to health monitoring and disease
testing of monitored captive deer, captive deer with status, and
captive deer with certified chronic wasting disease status;

(C)
Requirements and procedures that are necessary to preserve the
health, safety, and welfare of monitored captive deer, captive deer
with status, or captive deer with certified chronic wasting disease
status;

(D)
Requirements and procedures governing the transfer of living game and
nonnative wildlife, as defined in section 1531.01 of the Revised
Code, from one wild animal hunting preserve licensed under section
1533.721 of the Revised Code to another such wild animal hunting
preserve;

(E)
Tagging requirements for captive deer with status and captive deer
with certified chronic wasting disease status for such deer that are
propagated pursuant to a captive white-tailed deer propagation
license issued under section 1533.71 of the Revised Code;

(F)
Requirements governing the certification of captive deer with
certified chronic wasting disease status
;

(G)
Any other requirements or procedures that are necessary to administer
and enforce sections 943.20 to 943.26 of the Revised Code
.

Sec.
947.06.
(A)

The
director of agriculture shall adopt rules, subject to Chapter 119. of
the Revised Code, to implement, administer, and enforce this chapter.

No
person shall violate such a rule of the director.

(B)

In cooperation with law enforcement officers in this and other
states, the director
of
agriculture
shall
develop a uniform procedure for notifying livestock marketing and
slaughtering establishments of reported livestock thefts and of any
brands or other identifying marks on such livestock.

(C)
(B)

Moneys received by the director under sections 947.01 to 947.06 of
the Revised Code shall be deposited in the state treasury to the
credit of the animal and consumer protection laboratory fund created
in section 901.43 of the Revised Code.

Sec.
947.99.
(A)
Whoever violates section 947.04 of the Revised Code is guilty of a
misdemeanor of the second degree.

(B)
Whoever violates division (A) or (B) of section 947.05 of the Revised
Code is guilty of a felony of the fourth degree.

(C)
Whoever violates division (C) of section 947.05 of the Revised Code
is guilty of a misdemeanor of the first degree.

(D)
Whoever violates division (D) of section 947.05 of the Revised Code
is guilty of a minor misdemeanor.

(E)
Whoever violates a rule of the director of agriculture adopted under
section
947.06
or
947.11
of the Revised Code is guilty of a misdemeanor of the third degree.

Sec.
955.52.
(A)(1)
The department of agriculture shall hear claims that are approved by
the dog warden and supported by the wildlife officer pursuant to
section 955.51 of the Revised Code in the order of their filing and
may allow the claims in full or in part, or may disallow any claim,
as the testimony and information submitted under that section show to
be just. The department shall make the final determination of the
fair market value of any animal that is the subject of a claim.

If
the animal that is the subject of a claim dies as a result of the
injuries that it received from a predator, the amount of indemnity is
the fair market value of the animal on the date of its death. If the
animal that is the subject of a claim does not die as a result of the
injuries that it received from a predator, the amount of indemnity is
the fair market value of the animal on the date that it received its
injuries. If the animal that is the subject of a claim is registered
or eligible for registration as described in division (B) of section
955.51 of the Revised Code, the amount of indemnity is one hundred
twenty-five per cent of the fair market value of the animal on the
date that the animal was killed or injured. If the date of death or
injury of an animal cannot be determined, the amount of indemnity
shall be based on the fair market value of the animal on the date
that the animal was discovered by its owner.

(2)
If the owner of an animal does not agree with the department's
determination of the animal's fair market value, the owner may appeal
the determination in accordance with Chapter 119. of the Revised
Code.

(3)
The department shall certify any claim or part of a claim that has
been found to be valid under division (A)(1) of this section. Claims
certified in accordance with this section shall be paid out of money
that has been appropriated from the general revenue fund for the
purposes of sections 955.51 to 955.53 of the Revised Code, except
that no claim shall be paid from that money if either of the
following applies:

(a)
A claim for the same loss or injury has been paid or is payable under
a policy or policies of insurance. However, a claim may be paid for
the amount of any deductible paid or payable by the claimant under
such insurance.

(b)
The owner of an animal who otherwise would receive indemnity under a
claim has been paid more than five hundred dollars within the
immediately preceding calendar year from money so appropriated.
However, that owner may be paid if the owner has implemented a
voluntary animal damage control plan that meets the requirements
established in rules adopted under division (D) of this section.

(B)
If at any time the money that has been appropriated from the general
revenue fund for the purposes of sections 955.51 to 955.53 of the
Revised Code for a fiscal year is not sufficient to pay certified
claims, the department shall disapprove those claims. Any claim that
has been disapproved due to lack of money shall not be resubmitted.

(C)
The department either may assist owners in developing and
implementing a voluntary animal damage control plan to prevent and
minimize loss or injury to animals by predators or may enter into an
agreement with another state agency, a federal agency, or a person to
provide such assistance. The department may use no more than fifty
per cent or twenty-five thousand dollars, whichever is less, of the
money that is appropriated for the purposes of sections 955.51 to
955.53 of the Revised Code to pay the costs incurred by the
department for either providing assistance under this division or
entering into an agreement under this division to provide that
assistance.

(D)
The director of agriculture shall adopt rules in accordance with
Chapter 119. of the Revised Code
that
are necessary to administer sections 955.51 to 955.53 of the Revised
Code, including rules
that
establish requirements governing voluntary animal damage control
plans.

Sec.
956.03.
(A)
The director of agriculture shall adopt rules in accordance with
Chapter 119. of the Revised Code establishing all of the following:

(1)
Requirements and procedures governing high volume breeders, including
the licensing and inspection of and record keeping by high volume
breeders, in addition to the requirements and procedures established
in this chapter. The rules shall include a requirement that a high
volume breeder keep and maintain a record of veterinary care for each
dog kept, housed, and maintained by the high volume breeder. The
rules shall require the records to be kept and maintained for three
years after the care is provided by a veterinarian.

(2)
Requirements and procedures for conducting background investigations
of each applicant for a license issued under section 956.04 of the
Revised Code in order to determine if the applicant has been
convicted of or pleaded guilty to an offense the director determines
is a disqualifying offense under section 9.79 of the Revised Code;

(3)
Requirements and procedures governing dog brokers, including the
licensing of and record keeping by dog brokers, in addition to the
requirements and procedures established in this chapter;

(4)
The form of applications for licenses issued under this chapter and
the information that is required to be submitted in the applications;

(5)
The form of an application for registration and registration renewal
as an animal rescue for dogs under this chapter and the information
that is required to be provided with a registration or registration
renewal, including the name and address of each foster home that an
animal rescue for dogs utilizes;

(6)
A requirement that each high volume breeder submit to the director,
with an application for a high volume breeder license, evidence of
insurance or, in the alternative, evidence of a surety bond payable
to the state to ensure compliance with this chapter and rules adopted
under it. The face value of the insurance coverage or bond shall be
in the following amounts:

(a)
Five thousand dollars for high volume breeders keeping, housing, and
maintaining not more than twenty-five adult dogs;

(b)
Ten thousand dollars for high volume breeders keeping, housing, and
maintaining at least twenty-six adult dogs, but not more than fifty
adult dogs;

(c)
Fifty thousand dollars for high volume breeders keeping, housing, and
maintaining more than fifty adult dogs.

The
rules shall require that the insurance be payable to the state or
that the surety bond be subject to redemption by the state, as
applicable, upon a suspension or revocation of a high volume breeder
license for the purpose of paying for the maintenance and care of
dogs that are seized or otherwise impounded from the high volume
breeder in accordance with this chapter.

(7)(a)
For high volume breeders, standards of care governing all of the
following:

(i)
Housing;

(ii)
Nutrition;

(iii)
Exercise;

(iv)
Grooming;

(v)
Biosecurity and disease control;

(vi)
Waste management;

(vii)
Whelping;

(viii)
Any other general standards of care for dogs.

(b)
In adopting rules under division (A)(7)(a) of this section, the
director shall consider the following factors, without limitation:

(i)
Best management practices for the care and well-being of dogs;

(ii)
Biosecurity;

(iii)
The prevention of disease;

(iv)
Morbidity and mortality data;

(v)
Generally accepted veterinary medical standards and ethical standards
established by the American veterinary medical association;

(vi)
Standards established by the United States department of agriculture
under the federal animal welfare act as defined in section 959.131 of
the Revised Code.

(8)
Procedures for inspections conducted under section 956.10 of the
Revised Code in addition to the procedures established in that
section, and procedures for making records of the inspections;

(9)(a)
A requirement that an in-state retailer of a puppy or adult dog
provide to the purchaser the complete name, address, and telephone
number of all high volume breeders, dog brokers, and private owners
that kept, housed, or maintained the puppy or adult dog prior to its
coming into the possession of the retailer or proof that the puppy or
adult dog was acquired through an animal rescue for dogs, animal
shelter for dogs, or humane society, or a valid health certificate
from the state of origin pertaining to the puppy or adult dog;

(b)
A requirement that an out-of-state retailer of a puppy or adult dog
that is conducting business in this state provide to the purchaser a
valid health certificate from the state of origin pertaining to the
puppy or adult dog and the complete name, address, and telephone
number of all breeders, brokers, and private owners that kept,
housed, or maintained the puppy or adult dog prior to its coming into
the possession of the retailer or proof that the puppy or adult dog
was acquired through an animal rescue for dogs, animal shelter for
dogs, or humane society in this state or another state.

(10)
A requirement that a high volume breeder or a dog broker who
advertises the sale of a puppy or adult dog include with the
advertisement the vendor number assigned by the tax commissioner to
the high volume breeder or to the dog broker if the sale of the puppy
or dog is subject to the tax levied under Chapter 5739. of the
Revised Code;

(11)
A requirement that a licensed high volume breeder and a licensed dog
broker comply with Chapter 5739. of the Revised Code. The rules shall
authorize the director to suspend or revoke a license for failure to
comply with that chapter. The director shall work in conjunction with
the tax commissioner for the purposes of rules adopted under this
division.

(12)
Requirements and procedures governing pet stores, including
requirements and procedures governing the initial licensing of pet
stores and the renewal of pet store licenses;

(13)
The application form for a license issued under division (A) of
section 956.21 of the Revised Code and the information that is
required to be submitted in the application;

(14)
Requirements governing permanent implanted identification microchips
for dogs to be sold at a pet store and by a dog broker
;

(15)
Any other requirements and procedures that are determined by the
director to be necessary for the administration and enforcement of
this chapter and rules adopted under it. However, rules adopted under
this division shall not establish additional requirements and
procedures governing animal rescues for dogs other than those adopted
under division (A)(5) of this section
.

(B)
The director of agriculture may adopt rules in accordance with
Chapter 119. of the Revised Code establishing disease testing
protocols and vaccination requirements for dogs to be sold at a pet
store.

Sec.
956.041.
(A)
As used in this section, "out-of-state dog breeder" means a
dog breeder located outside of this state that, if located in this
state, would be a high volume breeder.

(B)
A dog broker or the owner or operator of a pet store that seeks to
purchase a dog from an in-state high volume breeder or out-of-state
dog breeder, prior to completing the transaction, shall request the
breeder to sign a document prescribed and provided by the director of
agriculture. The document shall state that the in-state high volume
breeder or out-of-state dog breeder is in compliance with the
standards of care established in rules adopted under section 956.03
and in section 956.031 of the Revised Code. The broker or owner or
operator shall keep and maintain the signed document. If the in-state
high volume breeder or out-of-state dog breeder does not provide the
signed document, the broker or owner or operator shall not purchase
the dog.

The
broker or owner or operator shall allow the director to inspect the
signed document during normal business hours. With respect to a pet
store, the requirements established under this section are in
addition to the requirements established under section 956.20 of the
Revised Code.

(C)
No dog broker or owner or operator of a pet store shall knowingly
sell a dog unless the broker or owner or operator has obtained a
signed document with respect to the dog as required under division
(B) of this section. The director shall not assess a civil penalty
under section 956.13 of the Revised Code against a dog broker or the
owner or operator of a pet store for a violation of this division if
the broker or owner or operator has obtained such a document with
regard to the dog.

(D)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish requirements and procedures governing the
administration and enforcement of this section.

Sec.
1112.08.
(A)
Upon the conclusion of the investigation required under section
1112.07 of the Revised Code, the superintendent of financial
institutions shall issue a license to the applicant if the
superintendent finds that all of the following conditions are met:

(1)
The applicant is organized as a corporation or limited liability
company under the laws of this state.

(2)
The articles of incorporation or articles of organization of the
applicant contain both of the following:

(a)
A name for the family trust company that includes "family trust
company" or "FTC" and that distinguishes it from any
trust company licensed under Chapter 1111. of the Revised Code or any
other family trust company licensed under this chapter;

(b)
The purpose for which it is formed, including a statement that its
services will be provided only to family clients of a designated
relative.

(3)
The individuals who will serve as directors or officers of the
corporation, or the managers or family members acting in a managerial
capacity for the limited liability company, as applicable:

(a)
Have a reputation for honesty, trustworthiness, and integrity and
display competence to transact the business of a licensed family
trust company;

(b)
Have not been convicted of, or pleaded guilty or nolo contendere to,
a felony or any crime involving fraud, misrepresentation, or moral
turpitude;

(c)
Have not made a false statement of material fact on the application;

(d)
Have not had a license issued under Chapter 1111. of the Revised Code
or under this chapter suspended or revoked within the ten years
immediately preceding the date of the application;

(e)
Have not had a trust company license issued in any other state or any
foreign country suspended or revoked within the ten years immediately
preceding the date of the application;

(f)
Have not failed to comply with any of the provisions of this chapter

or any rule adopted thereunder

that, in the judgment of the superintendent, would render the person
unfit for the proposed position.

(4)
The qualifications of the directors and the president,
vice-presidents, and treasurer of the corporation, or the managers
and family members acting in a managerial capacity for the limited
liability company, as applicable, are consistent with their
responsibilities and duties.

(5)
The initial stockholders' equity meets the minimum requirement set
forth in division (E)(2) of section 1112.14 of the Revised Code.

(B)
If the superintendent does not find that all of the conditions set
forth in division (A) of this section have been met, the
superintendent shall enter an order denying the application and
notify the applicant of the denial and the applicant's reasonable
opportunity to be heard in accordance with Chapter 119. of the
Revised Code, excepting any such related hearings shall not be open
to the public. The notice shall be in writing, either served
personally or sent by certified mail.

Sec.
1112.24.
(A)
The superintendent of financial institutions may revoke a license
issued under this chapter if, after notice and an opportunity for
hearing in accordance with Chapter 119. of the Revised Code (which
hearing shall not be open to the public), the superintendent finds
either of the following:

(1)
An officer or director of, or any manager or family member acting in
a managerial capacity for, the licensed family trust company has
failed to comply with any provision of this chapter.

(2)
The licensed family trust company, or any person authorized to act on
its behalf, refuses to allow the superintendent or any deputy or
examiner appointed by the superintendent to inspect all books,
records, papers, and effects related to the family trust company's
business.

(B)
In addition to any other remedy provided under this chapter, the
superintendent may impose a fine of not more than ten thousand
dollars upon either of the following:

(1)
A person who fails to comply with any provision of this chapter

or any rule adopted thereunder
;

(2)
A family trust company that is not licensed under this chapter that
operates in any manner that is authorized only for licensed family
trust companies.

Sec.
1115.05.
(A)
As used in this section:

(1)
"Acquire" or "acquisition" means any of the
following transactions or actions:

(a)
A merger or consolidation with, or purchase of assets from, a bank
holding company that has acquired an Ohio bank;

(b)
The acquisition of the direct or indirect ownership or control of
voting shares of an Ohio bank if, after the acquisition, the
acquiring bank holding company will directly or indirectly own or
control the Ohio bank, unless the superintendent of financial
institutions determines, in the superintendent's discretion, due to
the nature of the acquisition, it should not be subject to the
limitations of this section;

(c)
The merger or consolidation of an Ohio bank with, or the transfer of
assets from an Ohio bank to, another bank, whether previously
existing or chartered for the purpose of the transaction;

(d)
Any other action that results in the direct or indirect control of an
Ohio bank.

(2)
"Ohio bank" means a state bank or a national bank whose
principal place of business is in this state.

(B)
Subject to division (C) of this section, a bank, bank holding
company, federal savings association, or savings and loan holding
company whose principal place of business is in this state or any
other state may charter or otherwise acquire an Ohio bank, and a bank
may acquire banking offices in this state by merger or consolidation
with or transfer of assets and liabilities from a bank, savings bank,
or savings association that has offices in this state, if, upon
consummation of the acquisition, both of the following will apply:

(1)
The acquiring bank, bank holding company, federal savings
association, or savings and loan holding company, with or through its
affiliate banks, savings banks, and savings associations, does not
control more than ten per cent of the total deposits of banks,
savings banks, and savings associations in the United States, and
either of the following applies:

(a)
The acquiring bank, acquiring bank holding company, federal savings
association, or savings and loan holding company, with or through its
affiliate banks, savings banks, and savings associations, does not
control more than thirty per cent of the total deposits of banks,
savings banks, and savings associations in this state.

(b)
The acquiring bank, acquiring bank holding company, federal savings
association, or savings and loan holding company, with or through its
affiliate banks, savings banks, and savings associations, controls
more than thirty per cent of the total deposits of banks, savings
banks, and savings associations in this state, and the superintendent
approved the acquisition after determining the anticompetitive
effects of the acquisition were clearly outweighed in the public
interest by the probable effect of the transaction.

(2)
Except in the case of a foreign bank subject to Chapter 1119. of the
Revised Code or a bank that by the terms of its articles of
incorporation or association is not permitted to solicit or accept
deposits other than trust funds, the Ohio bank or any bank that has
banking offices in this state will be an insured bank as defined in
section 3(h) of the "Federal Deposit Insurance Act," 92
Stat. 614 (1978), 12 U.S.C.A. 1813(h).

(C)(1)
Any bank holding company proposing to charter a state bank under this
section shall comply with Chapter 1113. or 1114. of the Revised Code

and any rules adopted to implement that chapter
.

(2)
If, after the proposed acquisition, the acquiring bank or bank
holding company will control an existing state bank the acquiring
bank or bank holding company did not control before the acquisition,
and the acquisition does not include the merger or consolidation of
the existing state bank with another bank, the acquiring bank or bank
holding company shall comply with section 1115.06 of the Revised Code

and any rules adopted to implement that section
.

(3)
If the proposed acquisition will be accomplished by means of a merger
or consolidation with a state bank and the resulting bank of the
merger or consolidation will be a state bank, the state bank shall
comply with section 1115.11 of the Revised Code

and any rules adopted to implement that section
.

(4)
If the proposed acquisition will be accomplished by means of a
transfer of assets and liabilities to a state bank, the state bank
shall comply with section 1115.14 of the Revised Code

and any rules adopted to implement that section
.

(5)
If the proposed acquisition will be accomplished by forming a bank to
which the bank to be acquired will transfer assets and liabilities,
or with which the bank to be acquired will be merged or consolidated
and the resulting bank will be a state bank, the acquiring bank
holding company shall comply with section 1115.23 of the Revised Code

and any rules adopted to implement that section
.

Sec.
1115.06.
(A)
As used in this section:

(1)
"Control" of a state bank means either of the following:

(a)
Power, directly or indirectly, to direct the management or policies
of a state bank;

(b)
Ownership or control of or power to vote twenty-five per cent or more
of any class of voting securities of a state bank.

(2)
"State bank" includes any bank holding company that
controls a state bank, and any other company that controls a state
bank and is not a bank holding company.

(B)(1)
No person, acting directly or indirectly or through or in concert
with one or more other persons, shall acquire control of a state bank
through a purchase, assignment, transfer, pledge, or other
disposition of voting securities of a state bank unless the
superintendent of financial institutions has been given sixty days'
prior written notice of the proposed acquisition and within that
sixty days the superintendent has not done either of the following:

(a)
Disapproved the acquisition;

(b)
Extended the time during which the superintendent may disapprove the
acquisition, as provided in division (B)(2) of this section.

(2)
The superintendent may extend the time during which the
superintendent may disapprove a proposed acquisition of control, as
follows:

(a)
For an additional thirty days in the discretion of the
superintendent;

(b)
For two additional extensions of not more than forty-five days each,
if any of the following applies:

(i)
The superintendent determines any acquiring party has not furnished
all of the information required under division (C) of this section.

(ii)
In the superintendent's judgment, any material information submitted
is substantially inaccurate.

(iii)
The superintendent has been unable to complete the investigation of
an acquiring person under division (E)(1) of this section because of
any delay caused by, or the inadequate cooperation of, that acquiring
person.

(iv)
The superintendent determines additional time is needed to
investigate and determine whether any acquiring person has a record
of failing to comply with the requirements of subchapter II of
chapter 53 of subtitle IV of Title 31 of the United States Code.

(3)
An acquisition may be made prior to the expiration of the disapproval
period if the superintendent issues written notice of the
superintendent's intent not to disapprove the acquisition of control.

(C)
A notice required under division (B) of this section shall contain
such information as the superintendent may require by rule.

(D)
Unless the superintendent determines an emergency exists or
disclosure of a proposed acquisition of control would seriously
threaten the safety or soundness of the state bank, each person who
gives a notice required under division (B) of this section shall,
within a reasonable time after receiving the superintendent's
acceptance of the notice, do both of the following:

(1)
Publish the name of the state bank proposed to be acquired and the
name of each person identified in the notice as a person by whom or
for whom the acquisition is to be made;

(2)
Solicit public comment on the proposed acquisition, particularly from
persons in the geographic area where the state bank proposed to be
acquired is located, before final consideration of the notice by the
superintendent.

(E)
Upon accepting a notice required under division (B) of this section,
the superintendent shall do both of the following:

(1)
Conduct an investigation of the competence, experience, integrity,
and financial ability of each person named in the notice as a person
by whom or for whom the acquisition is to be made;

(2)
Make an independent determination of the accuracy and completeness of
all information required to be in the notice.

(F)
The superintendent may disapprove any proposed acquisition of control
if the superintendent finds any of the following:

(1)
The proposed acquisition of control would result in a monopoly or
further any combination or conspiracy to monopolize or to attempt to
monopolize the business of banking in any part of this state or any
markets served by the state bank.

(2)
The effect of the proposed acquisition of control in any part of this
state and any markets served by the state bank may be to
substantially lessen competition, tend to create a monopoly, or in
any other manner restrain trade, and the anticompetitive effects of
the proposed acquisition of control are not clearly outweighed in the
public interest by the probable effect of the acquisition in meeting
the convenience and needs of the community to be served.

(3)
The financial condition of any acquiring person might jeopardize the
financial stability of the state bank or prejudice the interests of
the depositors of the state bank.

(4)
The competence, experience, or integrity of any acquiring person or
of any of the proposed management personnel indicates that it would
not be in the interest of the depositors of the state bank, or in the
interest of the public, to permit the acquiring person to control the
state bank.

(5)
The acquiring person neglects, fails, or refuses to furnish to the
superintendent all of the information required by the superintendent.

(6)
The superintendent determines the proposed transaction would have an
adverse effect on the deposit insurance fund administered by the
federal deposit insurance corporation.

(G)
Within three days after deciding to disapprove any proposed
acquisition of control of a state bank, the superintendent shall
notify the acquiring person in writing of the disapproval. The notice
of disapproval shall provide a statement of the basis for the
disapproval.

(H)
Within ten days after receipt of a notice of the disapproval, the
acquiring person may, in accordance with Chapter 119. of the Revised
Code, request a hearing conducted in accordance with that chapter on
the proposed acquisition.

(I)
Whenever a change in control of a state bank occurs, the state bank
shall promptly report to the superintendent any changes in or
replacement of its chief executive officer or of any director that
occurs in the next twelve-month period, and include in the report a
statement of the past and current business and professional
affiliations of the new chief executive officer or director.

(J)(1)
The superintendent may exercise any authority vested in the
superintendent under Chapter 1121. of the Revised Code in the course
of conducting any investigation under division (E) of this section or
any other investigation the superintendent, in the superintendent's
discretion, considers necessary to determine whether any person has
filed inaccurate, incomplete, or misleading information under this
section or otherwise is violating, has violated, or is about to
violate any provision of this section

or any rule implementing this section
.

(2)
Whenever it appears to the superintendent any person is violating,
has violated, or is about to violate any provision of this section

or any rule implementing this section
,
the superintendent may, in the superintendent's discretion, apply to
the court of common pleas of any county in which the state bank is
doing business for either of the following:

(a)
A temporary or permanent injunction or restraining order enjoining
the person from violating this section

or any rule implementing this section
;

(b)
Other equitable relief, including divestiture, that may be necessary
to prevent violation of this section

or of any rule implementing this section
.

(3)(a)
The courts of this state have the same jurisdiction and power in
connection with the exercise of any authority by the superintendent
under this section as they have under Chapter 1121. of the Revised
Code.

(b)
The courts of this state have jurisdiction and power to issue any
injunction or restraining order or grant any equitable relief
described in division (J)(2) of this section. When a court finds it
appropriate, the court may grant the injunction, order, or other
equitable relief without requiring the posting of any bond.

(K)
The resignation, termination of employment or participation,
divestiture of control, or separation of or by a regulated person,
including a separation caused by the closing of a state bank, shall
not affect the jurisdiction and authority of the superintendent to
issue any notice and otherwise proceed under this section against the
regulated person, if the notice is issued no later than six years
after the date of the regulated person's resignation, termination of
employment or participation, or separation from or divestiture of
control of a state bank.

For
purposes of this division, "regulated person" has the same
meaning as in section 1121.01 of the Revised Code.

Sec.
1115.24.
(A)
As used in this section:

(1)
"Applicant" means the person or persons seeking a shelf
charter under this section.

(2)
"Control" has the same meaning as in section 1115.06 of the
Revised Code

and any rules adopted under that section
.

(3)
"Shelf charter" means the preliminary conditional approval
of a charter.

(B)
The superintendent of financial institutions may, at the
superintendent's sole discretion, grant a shelf charter to an
applicant intending or desiring to enter into a transaction resulting
in any of the following:

(1)
Formation of an interim bank under this chapter to be used for the
transactions contemplated by this section;

(2)
Acquisition of control of a designated or undesignated state bank;

(3)
Acquisition of control of a designated or undesignated bank chartered
by the banking authority of any other state or the United States that
the person or persons intend to convert to a state bank;

(4)
Acquisition of assets from and assumption of liabilities, pursuant to
this chapter, of a bank or from the federal deposit insurance
corporation as receiver of a designated or undesignated bank
headquartered in this state or any other state that the person or
persons intend to convert to a state bank;

(5)
Formation of a de novo bank pursuant to Title XI of the Revised Code.

(C)
The superintendent shall prescribe the form for an application for a
shelf charter. After reviewing an application, the superintendent may
require the applicant to submit any additional information or
documentation the superintendent considers necessary and appropriate.
Factors to be considered by the superintendent shall include all of
the following:

(1)
The availability of adequate capital for the transaction;

(2)
The existence of acceptable business plans;

(3)
Whether acceptable management, directors, and control persons are
identified;

(4)
Whether all necessary approvals from state and federal agencies have
been secured.

(D)(1)
A shelf charter granted under this section, and any final approval
for a transaction described in division (B) of this section, shall be
subject to such conditions and ongoing requirements as the
superintendent considers appropriate.

(2)
An applicant granted a shelf charter under this section shall not
exercise control over the bank or consummate the transaction
authorized by the charter until the superintendent gives final
approval of the transaction.

(E)
A shelf charter shall expire twenty-four months after the date it is
granted, subject to the following:

(1)
The superintendent may extend the expiration date at any time sua
sponte or upon approval by the superintendent of a written request
for an extension submitted by the person or persons to whom the shelf
charter was granted.

(2)
The person or persons to whom the shelf charter was granted may
withdraw it at any time.

(3)
The superintendent may modify, suspend, or revoke any shelf charter
granted under this section.

(F)
Pursuant to the authority granted under section 1121.03 of the
Revised Code, the superintendent may adopt rules and issue
interpretive guidelines the superintendent considers necessary and
appropriate for the implementation of this section.

Sec.
1123.02.
(A)
The banking commission shall hold regular meetings at the times and
places it fixes, and shall meet at any time on call of the deputy
superintendent for banks upon two days' notice unless the commission
by resolution provides for a shorter notice.

(B)
A majority of the full commission constitutes a quorum, and action
taken by a majority of those present at a meeting at which there is a
quorum constitutes the action of the commission.

(C)
No member shall participate before the commission in a proceeding
involving any bank of which the member is, or was at any time in the
preceding twelve months, a member of the board of directors, an
officer, an employee, or a shareholder. A member may refrain from
participating in a proceeding before the commission for any other
cause the member considers sufficient.

(D)
The commission may, by a majority vote of those present at a meeting
at which there is a quorum, adopt and amend bylaws
and
rules
the
commission, in its judgment, considers necessary and proper. The
commission shall select one of its members as secretary, who shall
keep a record of all its proceedings.

Sec.
1181.08.
(A)
In addition to the specific authority given the superintendent of
financial institutions by other provisions of the Revised Code, the
superintendent may from time to time adopt such rules as the
superintendent considers necessary or appropriate for the
administration of the division of financial institutions or to carry
out any other duty of the superintendent.

(B)

The superintendent shall not adopt any rule that has a retroactive
effective date or apply any rule to conduct that took place
exclusively before the effective date of that rule.

Sec.
1181.21.
(A)
As used in this section, "consumer finance company" has the
same meaning as in section 1181.05 of the Revised Code.

(B)
The superintendent of financial institutions shall see that the laws
relating to consumer finance companies are executed and enforced.

(C)
The deputy superintendent for consumer finance shall be the principal
supervisor of consumer finance companies. In that position the deputy
superintendent for consumer finance shall, notwithstanding section
1321.421, division (A) of section 1321.76, and sections 1321.07,
1321.55, 1322.34, 4727.05, and 4728.05 of the Revised Code, be
responsible for conducting examinations and preparing examination
reports under those sections and under Chapter 4712. of the Revised
Code. In addition, the deputy superintendent for consumer finance
shall, notwithstanding sections 1315.27, 1321.10,
1321.43,
1321.54,

1321.77,
1322.57,

4712.14, 4727.13, and 4728.10 of the Revised Code, have the authority
to adopt rules and standards in accordance with those sections. In
performing or exercising any of the examination, rule-making, or
other regulatory functions, powers, or duties vested by this division
in the deputy superintendent for consumer finance, the deputy
superintendent for consumer finance shall be subject to the control
of the superintendent of financial institutions and the director of
commerce.

Sec.
1181.23.
(A)
The superintendent of financial institutions may require persons
licensed or registered by the division of financial institutions to
participate in a multistate licensing system.

(B)(1)
If the superintendent requires use of a multistate licensing system,
the superintendent may establish, by
rule,
regulation, or
order,
requirements as necessary to enable information required by existing
statutes providing for licensing or registration to be submitted to
the superintendent through the multistate licensing system.

(2)
The superintendent shall not adopt a requirement in conflict with a
provision of the Revised Code, but may add to existing requirements
with regard to all of the following:

(a)
The manner of obtaining required criminal history records, civil or
administrative records, or credit history records;

(b)
The payment of fees required for the use of the multistate licensing
system;

(c)
The setting or resetting as necessary of renewal or reporting dates;

(d)
The amending of or surrendering of a license or registration.

(C)
Any person engaged in activity that requires licensure or
registration pursuant to this section shall utilize the multistate
licensing system for the application for, renewal of, amendment to,
or surrender of a license or registration, as well as for any other
activity as the superintendent may require. Such a person shall pay
all applicable charges to utilize the multistate licensing system.

(D)
The superintendent is authorized to establish relationships or
contacts with the multistate licensing system or other entities
designated by the multistate licensing system to collect and maintain
records and process transaction fees or other fees related to
licensees and registrants.

(E)
Any confidentiality or privilege arising under federal or state law
with respect to any information or material provided to the
multistate licensing system shall continue to apply to the
information or material after the information or material is provided
to the multistate licensing system. The information and material so
provided may be released to any state or federal regulatory official
with applicable oversight authority without the loss of
confidentiality or privilege protections provided by federal law or
the law of any state.

(F)
The superintendent may use the documents, materials, or other
information made available to the superintendent through the
multistate licensing system in furtherance of any action brought by
the superintendent.

Sec.
1306.21.
(A)
With regard to state agency use of electronic records or electronic
signatures, the department of administrative services, in
consultation with the state archivist, shall adopt rules in
accordance with section 111.15 of the Revised Code setting forth all
of the following:

(1)
The minimum requirements for the method of creation, maintenance, and
security of electronic records and electronic signatures;

(2)
If electronic records must be signed by electronic means, all of the
following:

(a)
The type of electronic signature required;

(b)
The manner and format in which the electronic signature must be
affixed to the electronic record;

(c)
The identity of, or criteria that must be met by, any third party
used by the person filing a document to facilitate the process.

(3)
Control processes and procedures as appropriate to ensure adequate
preservation, disposition, integrity, security, confidentiality, and
auditability of electronic records;

(4)
Any other required attributes for electronic records that are
specified for corresponding nonelectronic records

or are reasonably necessary under the circumstances
.

(B)(1)
The department of administrative services may adopt rules in
accordance with section 111.15 of the Revised Code to ensure
consistency and interoperability among state agencies with regard to
electronic transactions, electronic signatures, and security
procedures.

(2)
If the department of administrative services adopts rules pursuant to
division (B)(1) of this section, the department shall consider
consistency in applications and interoperability with governmental
agencies of this state, agencies of other states, the federal
government, and nongovernmental persons to the extent practicable
when adopting rules pursuant to that division.

(C)
With regard to electronic transactions, electronic signatures, and
security procedures, the department of administrative services may
publish recommendations for governmental agencies and nongovernmental
persons to promote consistency and interoperability among
nongovernmental persons, agencies of this state and other states, and
the federal government.

(D)
For purposes of this section, "state agency" has the same
meaning as in section 1306.20 of the Revised Code.

Sec.
1315.27.
The
superintendent of financial institutions shall adopt rules, in
accordance with Chapter 119. of the Revised Code,
for
the administration and enforcement of sections 1315.21 to 1315.30 of
the Revised Code. The rules shall include, but shall not be limited
to,
that
do

both of the following:

(A)
Record-keeping requirements that require check-cashing businesses to
do all of the following:

(1)
Maintain a daily cash reconcilement that:

(a)
Summarizes daily activity;

(b)
Reconciles cash-on-hand at the opening of business to cash-on-hand at
the close of business;

(c)
Separately reflects cash received from the sale of checks, cash
disbursed in cashing of checks, redemption of returned items, bank
cash deposits, and bank cash withdrawals.

(2)
Maintain a general ledger that:

(a)
Contains records of all assets, liabilities, capital, income, and
expenses;

(b)
Is posted monthly from the original entry records;

(c)
Facilitates the preparation of an accurate trial balance of accounts
in accordance with generally accepted accounting practices;

(d)
May consolidate activity at two or more locations, provided that
books of original entries are maintained separately for each
location.

(3)
Provide a receipt to each customer indicating the amount of the check
and the fee charged;

(4)
Maintain business records for at least two years.

(B)
Reasonable business practices of persons licensed under sections
1315.21 to 1315.28 of the Revised Code.

Sec.
1321.37.
(A)
Application for an original or renewal license to make short-term
loans shall be in writing, under oath, and in the form prescribed by
the superintendent of financial institutions, and shall contain the
name and address of the applicant, the location where the business of
making loans is to be conducted, and any further information as the
superintendent requires. At the time of making an application for an
original license, the applicant shall pay to the superintendent a
nonrefundable investigation fee of two hundred dollars. No
investigation fee or any portion thereof shall be refunded after an
original license has been issued. The application for an original or
renewal license shall be accompanied by an original or renewal
license fee, for each business location of one thousand dollars,
except that applications for original licenses issued on or after the
first day of July for any year shall be accompanied by an original
license fee of five hundred dollars, and except that an application
for an original or renewal license, for a nonprofit corporation that
is incorporated under Chapter 1702. of the Revised Code, shall be
accompanied by an original or renewal license fee, for each business
location, that is one-half of the fee otherwise required. All fees
paid to the superintendent pursuant to this division shall be
deposited into the state treasury to the credit of the consumer
finance fund.

(B)
Upon the filing of an application for an original license and, with
respect to an application filed for a renewal license, on a schedule
determined by the superintendent

by rule adopted pursuant to section 1321.43 of the Revised Code
,
and the payment of fees in accordance with division (A) of this
section, the superintendent shall investigate the facts concerning
the applicant and the requirements provided by this division. The
superintendent shall request the superintendent of the bureau of
criminal identification and investigation, or a vendor approved by
the bureau, to conduct a criminal records check based on the
applicant's fingerprints in accordance with section 109.572 of the
Revised Code. Notwithstanding division (L) of section 121.08 of the
Revised Code, the superintendent of financial institutions shall
request that criminal record information from the federal bureau of
investigation be obtained as part of the criminal records check. The
superintendent of financial institutions shall conduct a civil
records check. The superintendent shall approve an application and
issue an original or renewal license to the applicant if the
superintendent finds all of the following:

(1)
The financial responsibility, experience, and general fitness of the
applicant are such as to warrant the belief that the business of
making loans will be operated lawfully, honestly, and fairly under
sections 1321.35 to 1321.48 of the Revised Code and within the
purposes of those sections; that the applicant has fully complied
with those sections and any rule or order adopted or issued
pursuant
to section 1321.43 of the Revised Code
by
the superintendent
;
and that the applicant is qualified to engage in the business of
making loans under sections 1321.35 to 1321.48 of the Revised Code.

(2)
The applicant is financially sound and has a net worth of not less
than one hundred thousand dollars, or in the case of a nonprofit
corporation that is incorporated under Chapter 1702. of the Revised
Code, a net worth of not less than fifty thousand dollars. The
applicant's net worth shall be computed according to generally
accepted accounting principles.

(3)
The applicant has never had revoked a license to make loans under
sections 1321.35 to 1321.48 of the Revised Code, under former
sections 1315.35 to 1315.44 of the Revised Code, or to do business
under sections 1315.21 to 1315.30 of the Revised Code.

(4)
Neither the applicant nor any senior officer, or partner of the
applicant, has pleaded guilty to or been convicted of a disqualifying
offense as determined in accordance with section 9.79 of the Revised
Code.

(5)
Neither the applicant nor any senior officer, or partner of the
applicant, has been subject to any adverse judgment for conversion,
embezzlement, misappropriation of funds, fraud, misfeasance or
malfeasance, or breach of fiduciary duty, or if the applicant or any
of those other persons has been subject to such a judgment, the
applicant has proven to the superintendent, by a preponderance of the
evidence, that the applicant's or other person's activities and
employment record since the judgment show that the applicant or other
person is honest and truthful and there is no basis in fact for
believing that the applicant or other person will be subject to such
a judgment again.

(C)
If the superintendent finds that the applicant does not meet the
requirements of division (B) of this section, or the superintendent
finds that the applicant knowingly or repeatedly contracts with or
employs persons to directly engage in lending activities who have
been convicted of a felony crime listed in division (B)(5) of this
section, the superintendent shall issue an order denying the
application for an original or renewal license and giving the
applicant an opportunity for a hearing on the denial in accordance
with Chapter 119. of the Revised Code. The superintendent shall
notify the applicant of the denial, the grounds for the denial, and
the applicant's opportunity for a hearing. If the application is
denied, the superintendent shall return the annual license fee but
shall retain the investigation fee.

(D)
No person licensed under sections 1321.35 to 1321.48 of the Revised
Code shall conduct business in this state unless the licensee has
obtained and maintains in effect at all times a corporate surety bond
issued by a bonding company or insurance company authorized to do
business in this state. The bond shall be in favor of the
superintendent and in the penal sum of at least one hundred thousand
dollars, or in the case of a nonprofit corporation that is
incorporated under Chapter 1702. of the Revised Code, in the amount
of fifty thousand dollars. The term of the bond shall coincide with
the term of the license. The licensee shall file a copy of the bond
with the superintendent. The bond shall be for the exclusive benefit
of any borrower injured by a violation by a licensee or any employee
of a licensee, of any provision of sections 1321.35 to 1321.48 of the
Revised Code.

(E)
Notwithstanding any provision of this section to the contrary, the
superintendent shall issue an original license in accordance with
Chapter 4796. of the Revised Code to an applicant if either of the
following applies:

(1)
The applicant holds a license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a short-term lender in a state that does not issue that
license.

Sec.
1321.42.
(A)
The superintendent of financial institutions shall, in accordance
with Chapter 119. of the Revised Code, suspend or revoke a license
issued pursuant to sections 1321.35 to 1321.48 of the Revised Code,
if the superintendent determines that either of the following
applies:

(1)
The licensee has failed to comply with any order issued by the
superintendent pursuant to section 1321.43 of the Revised Code.

(2)
Any fact or condition exists that if it had existed or had been known
to exist at the time of original or renewal licensure pursuant to
sections 1321.35 to 1321.48 of the Revised Code, the fact or
condition clearly would have warranted the superintendent to refuse
to issue a license pursuant to those sections.

(B)
The superintendent may make any investigation and conduct any hearing
the superintendent considers necessary to determine whether any
person has violated sections 1321.35 to 1321.48 of the Revised Code,
or any rule or order adopted or issued

under section 1321.43 of the Revised Code
by
the superintendent
,
or has otherwise engaged in conduct that would justify the
suspension, revocation, or refusal of an original or renewal license
or the imposition of a fine.

The
superintendent may impose a monetary fine of not more than one
thousand dollars for each such violation.

(C)
In making any investigation or conducting any hearing pursuant to
this section, the superintendent, or any person designated by the
superintendent, at any time may compel by subpoena witnesses, may
take depositions of witnesses residing without the state in the
manner provided for in civil actions, pay any witnesses the fees and
mileage for their attendance provided under section 119.094 of the
Revised Code, and administer oaths. The superintendent also may
compel by order or subpoena duces tecum the production of, and
examine, all relevant books, records, accounts, and other documents.
If a person does not comply with a subpoena or subpoena duces tecum,
the superintendent may apply to the court of common pleas of Franklin
county for an order compelling the person to comply with the subpoena
or subpoena duces tecum or, for failure to do so, an order to be held
in contempt of court.

(D)
In connection with any investigation under this section, the
superintendent may file an action in the court of common pleas of
Franklin county or the court of common pleas of the county in which
the person who is the subject of the investigation resides, or is
engaging in or proposing to engage in actions in violation of
sections 1321.35 to 1321.48 of the Revised Code, to obtain an
injunction, temporary restraining order, or other appropriate relief.

Sec.
1321.43.
The
superintendent of financial institutions, in accordance with Chapter
119. of the Revised Code,
may
adopt rules and issue specific orders to enforce and carry out the
purposes of sections 1321.35 to 1321.48 of the Revised Code. The
superintendent
shall
issue a rule defining "senior officer" for the purpose of
section 1321.37 of the Revised Code. The superintendent may adopt,
amend, and repeal substantive rules defining with reasonable
specificity acts or practices that violate section 1321.45 of the
Revised Code.

Sec.
1321.46.
(A)

Before
initiating a short-term loan transaction with a borrower, a licensee
shall make a reasonable attempt to verify the borrower's income for
purposes of division (B)(2) of section 1321.39 and section 1321.391
of the Revised Code. At a minimum, the licensee shall obtain from the
borrower one or more recent pay stubs or other written evidence of
recurring income, such as a bank statement. The written evidence
shall include at least one document that, when presented to the
licensee, is dated not earlier than forty-five days prior to the
borrower's initiation of the short-term loan transaction. If the
borrower intends to provide a bank statement, the licensee shall
permit the borrower to delete from the statement the information
regarding to whom the debits listed on the statement are payable.

(B)
The superintendent of financial institutions may adopt rules under
section 1321.43 of the Revised Code that set forth any other
procedures the superintendent considers necessary to ensure accurate
verification of borrower income.

Sec.
1321.54.
(A)
The division of financial institutions may adopt, in accordance with
Chapter 119. of the Revised Code, rules that are necessary for the
enforcement or administration of sections 1321.51 to 1321.60 of the
Revised Code and that are consistent with those sections and rules to
carry out the purposes of those sections.

(B)(1)

(A)(1)

The
division may, upon written notice to the registrant stating the
contemplated action, the grounds for the action, and the registrant's
reasonable opportunity to be heard on the action in accordance with
Chapter 119. of the Revised Code, revoke, suspend, or refuse to renew
any certificate issued under sections 1321.51 to 1321.60 of the
Revised Code if it finds any of the following:

(a)
A violation of or failure to comply with any provision of sections
1321.51 to 1321.60 of the Revised Code or the rules adopted
thereunder, any federal lending law, or any other law applicable to
the business conducted under a certificate of registration;

(b)
The person has been convicted of or pleaded guilty or nolo contendere
to any criminal felony offense in a domestic, foreign, or military
court;

(c)
The person has been convicted of or pleaded guilty or nolo contendere
to any criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money laundering,
breach of trust, dishonesty, or drug trafficking, or any criminal
offense involving money or securities, in a domestic, foreign, or
military court.

(2)
In addition to, or in lieu of, any revocation, suspension, or denial,
the division may impose a monetary fine after administrative hearing
or in settlement of matters subject to claims under division

(B)(1)(a)

(A)(1)(a)

of
this section.

(3)
The revocation, suspension, or refusal to renew shall not impair the
obligation of any pre-existing lawful contract made under sections
1321.51 to 1321.60 of the Revised Code; provided, however, that a
prior registrant shall make good faith efforts to promptly transfer
the registrant's collection rights to another registrant or person
exempt from registration, or be subject to additional monetary fines
and legal or administrative action by the division. Nothing in
division
(B)(3)

(A)(3)

of
this section shall limit a court's ability to impose a cease and
desist order preventing any further business or servicing activity.

(C)(1)

(B)(1)

The
superintendent of financial institutions may impose a fine for a
violation of sections 1321.51 to 1321.60 of the Revised Code or any
rule adopted thereunder. All fines collected pursuant to this section
shall be paid to the treasurer of state to the credit of the consumer
finance fund created in section 1321.21 of the Revised Code. In
determining the amount of a fine to be imposed pursuant to this
section, the superintendent may consider all of the following to the
extent it is known to the division of financial institutions:

(a)
The seriousness of the violation;

(b)
The registrant's good faith efforts to prevent the violation;

(c)
The registrant's history regarding violations and compliance with
division orders;

(d)
The registrant's financial resources;

(e)
Any other matters the superintendent considers appropriate in
enforcing sections 1321.51 to 1321.60 of the Revised Code.

(2)
Monetary fines imposed under this division shall not exceed
twenty-five thousand dollars and do not preclude any criminal fine
imposed pursuant to section 1321.99 of the Revised Code.

(D)

(C)

The
superintendent may investigate alleged violations of sections 1321.51
to 1321.60 of the Revised Code, or the rules adopted thereunder, or
complaints concerning any such violation. The superintendent may make
application to the court of common pleas for an order enjoining any
violation and, upon a showing by the superintendent that a person has
committed, or is about to commit, a violation, the court shall grant
an injunction, restraining order, or other appropriate relief. The
superintendent, in making application to the court of common pleas
for an order enjoining a person from acting as a registrant, may also
seek and obtain civil penalties for that unregistered conduct in an
amount not to exceed five thousand dollars per violation.

(E)

(D)

In
conducting an investigation pursuant to this section, the
superintendent may compel, by subpoena, witnesses to testify in
relation to any matter over which the superintendent has
jurisdiction, and may require the production or photocopying of any
book, record, or other document pertaining to such matter. If a
person fails to file any statement or report, obey any subpoena, give
testimony, produce any book, record, or other document as required by
such a subpoena, or permit photocopying of any book, record, or other
document subpoenaed, the court of common pleas of any county in this
state, upon application made to it by the superintendent, shall
compel obedience by attachment proceedings for contempt, as in the
case of disobedience of the requirements of a subpoena issued from
the court, or a refusal to testify therein.

(F)

(E)

If
the superintendent determines that a person is engaged in, or is
believed to be engaged in, activities that may constitute a violation
of sections 1321.51 to 1321.60 of the Revised Code or the rules
adopted thereunder, the superintendent may, after notice and a
hearing conducted in accordance with Chapter 119. of the Revised
Code, issue a cease and desist order. The superintendent, in taking
administrative action to enjoin a person from acting as a registrant,
may also seek and impose fines for those violations in an amount not
to exceed five thousand dollars per violation. Such an order shall be
enforceable in the court of common pleas.

(G)(1)

(F)(1)

To
protect the public interest, the superintendent may, without a prior
hearing, suspend the certificate of registration of a person who is
convicted of or pleads guilty or nolo contendere to a criminal
violation of sections 1321.51 to 1321.60 of the Revised Code or any
criminal offense described in division
(B)(1)(b)

(A)(1)(b)

or
(c) of this section.

(2)
The superintendent may, in accordance with Chapter 119. of the
Revised Code, subsequently revoke any registration suspended under
division
(G)(1)

(F)(1)

of
this section.

(3)
The superintendent shall, in accordance with Chapter 119. of the
Revised Code, adopt rules establishing the maximum amount of time a
suspension under division
(G)(1)

(F)(1)

of
this section may continue before a hearing is conducted.

Sec.
1321.702.
The
superintendent of financial institutions may adopt, in accordance
with Chapter 119. of the Revised Code, rules that are necessary for
the enforcement of sections 1321.62 to 1321.702 of the Revised Code
and that are consistent with those sections. Each rule shall contain
a reference to the section, division, or paragraph of the Revised
Code to which it applies.

The superintendent shall send by regular mail to each licensee a copy
of each rule
that
is adopted pursuant to this section
regarding
sections 1321.62 to 1321.702 of the Revised Code
.

Sec.
1321.77.
The
division of financial institutions
may
adopt, in accordance with Chapter 119. of the Revised Code, rules
that are necessary for the enforcement of sections 1321.71 to 1321.83
of the Revised Code and that are consistent with those sections. Each
rule shall contain a reference to the section, division, or paragraph
of the Revised Code to which it applies. The division
shall
send by regular mail to each licensee a copy of each rule
that
is adopted pursuant to this section
regarding
sections 1321.71 to 1321.83 of the Revised Code
.

Sec.
1322.05.
(A)
A credit union service organization or depository institution seeking
exemption from registration pursuant to division (H) or (I) of
section 1322.04 of the Revised Code or rules adopted by the
superintendent
in
accordance with section 1322.02 of the Revised Code
shall
submit an application to the superintendent of financial institutions
along with a nonrefundable fee of three hundred fifty dollars for
each location of an office to be maintained by the organization or
institution seeking exemption. The application shall be in a form
prescribed by the superintendent and shall include all of the
following:

(1)
The organization's or institution's business name and state of
incorporation or business registration;

(2)
The names of the owners, officers, or partners having control of the
organization or institution;

(3)
An attestation to all of the following:

(a)
That the organization or institution and its owners, officers, or
partners identified in division (A)(2) of this section have not had a
credit union service organization registration or license, mortgage
banker license, mortgage broker certificate of registration, or
mortgage loan originator license, or any comparable authority,
revoked in any governmental jurisdiction;

(b)
That the organization or institution and its owners, officers, or
partners identified in division (A)(2) of this section have not been
convicted of, or pleaded guilty or nolo contendere to, any of the
following in a domestic, foreign, or military court:

(i)
During the seven-year period immediately preceding the date of
application for exemption, a misdemeanor involving theft or any
felony;

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

(c)
That, with respect to financing residential mortgage loans, the
organization or institution conducts business with residents of this
state or secures its loans with property located in this state.

(4)
The names of all mortgage loan originators or licensees under the
organization's or institution's control and direction;

(5)
An acknowledgment of understanding that the organization or
institution is subject to the regulatory authority of the division of
financial institutions as described in this section;

(6)
Any further reasonable information that the superintendent may
require.

(B)(1)
If the superintendent determines that the credit union service
organization or depository institution qualifies for exemption, the
superintendent shall issue a letter of exemption. Additional
certified copies of a letter of exemption shall be provided upon
request and the payment of seventy-five dollars per copy.

(2)
If the superintendent determines that the organization or institution
does not qualify for exemption, the superintendent shall issue a
notice of denial, and the organization or institution may request a
hearing in accordance with Chapter 119. of the Revised Code.

(C)
All of the following conditions apply to any credit union service
organization or depository institution holding a valid letter of
exemption:

(1)
The organization or institution shall be subject to examination in
the same manner as a registrant with respect to the conduct of the
organization's or institution's mortgage loan originators. In
conducting any out-of-state examination, the organization or
institution shall be responsible for paying the costs of the division
in the same manner as a registrant.

(2)
The organization or institution shall have an affirmative duty to
supervise the conduct of its mortgage loan originators, and to
cooperate with investigations by the division with respect to that
conduct, in the same manner as is required of registrants.

(3)
The organization or institution shall keep and maintain records of
all transactions relating to the conduct of its mortgage loan
originators in the same manner as is required of registrants.

(4)
The organization or institution may provide the surety bond for its
licensees in the same manner as is permitted for registrants.

(D)
A letter of exemption expires annually on the thirty-first day of
December and may be renewed on or before that date by submitting an
application that meets the requirements of division (A) of this
section and a nonrefundable renewal fee of three hundred fifty
dollars for each location of an office to be maintained by the credit
union service organization or depository institution.

(E)
The superintendent may issue a notice to revoke or suspend a letter
of exemption if the superintendent finds that the letter was obtained
though a false or fraudulent representation of a material fact, or
the omission of a material fact, required by law, or that a condition
for exemption is no longer being met. Prior to issuing an order of
revocation or suspension, the credit union service organization or
depository institution shall be given an opportunity for a hearing in
accordance with Chapter 119. of the Revised Code.

(F)
All information obtained by the division pursuant to an examination
or investigation under this section shall be subject to the
confidentiality requirements set forth in section 1322.36 of the
Revised Code.

(G)
All money collected under this section shall be deposited into the
state treasury to the credit of the consumer finance fund created in
section 1321.21 of the Revised Code.

Sec.
1322.56.
The
superintendent of financial institutions may adopt, in accordance
with Chapter 119. of the Revised Code,
any
rule necessary to comply with the requirements of the nationwide
mortgage licensing system and registry, including
requirements
pertaining to all of the following:

(A)
Payment of nonrefundable fees to apply for, maintain, and renew
licenses through the nationwide mortgage licensing system and
registry;

(B)
Renewal or reporting dates;

(C)
Procedures to amend or to surrender a license;

(D)
Any other activity necessary for participation in the nationwide
mortgage licensing system and registry.

Sec.
1327.46.
As
used in sections 1327.46 to 1327.61 of the Revised Code:

(A)
"Weights and measures" means all weights and measures of
every kind, instruments and devices for weighing and measuring, and
any appliances and accessories associated with any such instruments
and devices, except that "weights and measures" shall not
be construed to include meters for the measurement of electricity,
gas, whether natural or manufactured, or water when the same are
operated in a public utility system. Such electricity, gas, and water
meters, and appliances or accessories associated therewith, are
specifically excluded from the purview of the weights and measures
laws.

(B)
"Intrastate commerce" means all commerce or trade that is
begun, carried on, and completed wholly within the limits of this
state, and "introduced into intrastate commerce" defines
the time and place in which the first sale and delivery of a
commodity is made within the state, the delivery being made either
directly to the purchaser or to a common carrier for shipment to the
purchaser.

(C)
"Package" means any commodity put up or packaged in any
manner in advance of sale in units suitable for either wholesale or
retail sale.

(D)
"Consumer package" means a package that is customarily
produced or distributed for sale through a retail sales agency for
consumption by an individual or use by an individual.

(E)
"Weight" as used in connection with any commodity means net
weight.

(F)
"Correct" as used in connection with weights and measures
means conformity with all applicable requirements of sections 1327.46
to 1327.61 of the Revised Code and rules adopted pursuant to those
sections.

(G)
"Reference standards" means the physical standards of the
state that serve as the legal reference from which all other
standards and weights and measures are derived.

(H)
"Working standards" means the physical standards that are
traceable to the reference standards through comparisons, using
acceptable laboratory procedures, and used in the enforcement of
weights and measures laws and rules.

(I)
"Sale from bulk" means the sale of commodities when the
quantity is determined at the time of sale.

(J)
"Net weight" means the weight of a commodity, excluding any
materials, substances, or items not considered to be a part of the
commodity. Materials, substances, or items not considered to be part
of the commodity include, but are not limited to, containers,
conveyances, bags, wrappers, packaging materials, labels, individual
piece coverings, decorative accompaniments, and coupons.

(K)
"Random weight package" means a package that is one of a
lot, shipment, or delivery of packages of the same commodity with no
fixed pattern of weights.

(L)
"Sold" includes keeping, offering, or exposing for sale.

(M)
"Commercially used weighing and measuring device" means a
device described in the national institute of standards and
technology handbook 44 or its supplements and revisions and any other
weighing and measuring device

designated by rules adopted under division (C) of section 1327.50 of
the Revised Code
.
"Commercially used weighing and measuring device" includes,
but is not limited to, a livestock scale, vehicle scale, railway
scale, vehicle tank meter, bulk rack meter, and LPG meter.

(N)
"Livestock scale" means a scale equipped with stock racks
and gates that is adapted to weighing livestock standing on the scale
platform.

(O)
"Vehicle scale" means a scale that is adapted to weighing
highway, farm, or other large industrial vehicles other than railroad
cars.

(P)
"Railway scale" means a rail scale that is designed to
weigh railroad cars.

(Q)
"Vehicle tank meter" means a vehicle mounted device that is
designed for the measurement and delivery of liquid products from a
tank.

(R)
"Bulk rack meter" means a wholesale device, usually mounted
on a rack, that is designed for the measurement and delivery of
liquid products.

(S)
"LPG meter" means a system, including a mechanism or
machine of the meter type, that is designed to measure and deliver
liquefied petroleum gas in the liquid state by a definite quantity
whether installed in a permanent location or mounted on a vehicle.

(T)
"Service person" means an individual who installs,
services, repairs, reconditions, or places into service a
commercially used weighing and measuring device for any type of
compensation.

Sec.
1327.50.
The
director of agriculture shall:

(A)
Maintain traceability of the state standards to those of the
international system of units;

(B)
Enforce sections 1327.46 to 1327.61 of the Revised Code;

(C)

Issue
reasonable rules for the uniform enforcement of sections 1327.46 to
1327.61 of the Revised Code, which rules shall have the force and
effect of law;

(D)

Establish
standards of weight, measure, or count, reasonable standards of fill,
and standards for the voluntary presentation of cost per unit
information for any package;

(E)
(D)

Grant any exemptions from sections 1327.46 to 1327.61 of the Revised
Code, or any rules adopted under those sections, when appropriate to
the maintenance of good commercial practices in the state;

(F)
(E)

Conduct investigations to ensure compliance with sections 1327.46 to
1327.61 of the Revised Code;

(G)
(F)

Delegate to appropriate personnel any of these responsibilities for
the proper administration of the director's office;

(H)
(G)

Test as often as is prescribed by rule the standards of weight and
measure used by any municipal corporation or county within the state,
and approve the same when found to be correct;

(I)
(H)

Inspect and test weights and measures that are sold;

(J)
(I)

Inspect and test to ascertain if they are correct, weights and
measures commercially used either:

(1)
In determining the weight, measure, or count of commodities or things
sold on the basis of weight, measure, or count;

(2)
In computing the basic charge or payment for goods or services
rendered on the basis of weight, measure, or count.

(K)
(J)

Test all weights and measures used in checking the receipt or
disbursement of supplies in every institution, for the maintenance of
which funds are appropriated by the general assembly;

(L)
(K)

Approve for use, and may mark, such weights and measures as the
director finds to be correct, and shall reject and mark as rejected
such weights and measures as the director finds to be incorrect.
Weights and measures that have been rejected may be seized if not
corrected within the time specified or if used or disposed of in a
manner not specifically authorized, and may be condemned and seized
if found to be incorrect and not capable of being made correct.

(M)
(L)

Weigh, measure, or inspect packaged commodities that are sold or in
the process of delivery to determine whether they contain the amounts
represented and whether they are sold in accordance with sections
1327.46 to 1327.61 of the Revised Code or rules adopted under those
sections. In carrying out this section, the director shall employ
recognized sampling procedures, such as those designated in the
national institute of standards and technology handbook 133 "checking
the net contents of packaged goods."

(N)
(M)

Prescribe by rule the appropriate term or unit of weight or measure
to be used, whenever the director determines in the case of a
specific commodity that an existing practice of declaring the
quantity by weight, measure, numerical count, or combination thereof,
does not facilitate value comparisons by consumers, or offers an
opportunity for consumer confusion;

(O)
(N)

Allow reasonable variations from the stated quantity of contents,
which shall include those caused by unavoidable deviations in good
manufacturing practice and by loss or gain of moisture during the
course of good distribution practice, only after the commodity has
entered intrastate commerce;

(P)
(O)

Provide for the weights and measures training of inspector personnel
and establish minimum training requirements, which shall be met by
all inspector personnel, whether county, municipal, or state;

(Q)
(P)

Prescribe the methods of tests and inspections to be employed in the
enforcement of sections 1327.46 to 1327.61 of the Revised Code. The
director may prescribe the official test and inspection forms to be
used.

(R)
(Q)

Provide by rule for registration with the director of service persons
who are employed by commercially used weighing and measuring device
servicing agencies;

(S)
(R)

In conjunction with the national institute of standards and
technology, operate a type evaluation program for certification of
weighing and measuring devices as part of the national type
evaluation program. The director shall establish a schedule of fees
for services rendered by the department of agriculture for type
evaluation services. The director may require any weighing or
measuring instrument or device to be traceable to a national type
evaluation program certificate of conformance prior to use for
commercial or law enforcement purposes.

(T)
(S)

Verify advertised prices, price representations, and point-of-sale
systems, as necessary, to determine both the accuracy of prices and
computations and the correct use of the equipment and the accuracy of
prices printed or recalled from a database if a system utilizes
scanning or coding in lieu of manual entry. In order to implement
this division, the director shall do all of the following:

(1)
Employ recognized procedures such as those designated in the national
institute of standards and technology handbook 130, uniform laws and
regulations, "examination procedures for price verification";

(2)
Adopt rules establishing requirements governing the accuracy of
advertised prices and point-of-sale systems

and establishing requirements and procedures for the enforcement of
this division
;

(3)
Conduct necessary inspections.

Sec.
1327.52.
Any
weights and measures official elected or appointed for a county or
municipality shall have the duties enumerated in divisions
(I)
(H)

to
(M)
(L)

of section 1327.50 of the Revised Code, and the powers enumerated in
section 1327.51 of the Revised Code. These powers and duties shall
extend to the respective jurisdictions, except that the jurisdiction
of a county official shall not extend to any municipal corporation
for which a weights and measures official has been appointed. The
director of agriculture shall advise and assist these officials.

Sec.
1333.21.
The
department of taxation, through the tax commissioner, shall
administer and enforce sections 1333.11 to 1333.20, inclusive, of the
Revised Code.
The
tax commissioner, pursuant to sections 119.01 to 119.13, inclusive,
of the Revised Code may adopt, amend, and repeal rules and
regulations necessary to enforce and administer sections 1333.11 to
1333.20, inclusive, of the Revised Code.
Upon
notice and hearing in accordance with sections 119.01 to 119.13,
inclusive, of the Revised Code, the tax commissioner may suspend or
revoke any wholesale or retail cigarette license for the violation
of, or the failure of the licensee to comply with, said sections. A
certified copy of the order suspending or revoking said license shall
be transmitted by the tax commissioner to the county auditor of the
county in which the license was issued.

Sec.
1346.08.
(A)
The tax commissioner and the attorney general may adopt
administrative rules necessary to implement sections 1346.05 to
1346.10 of the Revised Code.

(B)

Subject to the requirements of section 1346.05 of the Revised Code,
the attorney general may adopt an administrative rule requiring a
tobacco product manufacturer to make required escrow deposits in
quarterly installments during the year in which the sales covered by
the deposits are made. If the attorney general adopts such a rule,
the tax commissioner may require a tobacco product manufacturer or a
stamping agent to produce information sufficient to enable the tax
commissioner and the attorney general to determine the adequacy of
the amount of an installment deposit.

Sec.
1347.05.
Every
state or local agency that maintains a personal information system
shall:

(A)
Appoint one individual to be directly responsible for the system;

(B)

Adopt
and implement rules that provide for the operation of the system in
accordance with the provisions of this chapter that, in the case of
state agencies, apply to state agencies or, in the case of local
agencies, apply to local agencies;

(C)

Inform
each of its employees who has any responsibility for the operation or
maintenance of the system, or for the use of personal information
maintained in the system, of the applicable provisions of this
chapter and of all rules adopted in accordance with this section;

(D)
(C)

Specify disciplinary measures to be applied to any employee who
initiates or otherwise contributes to any disciplinary or other
punitive action against any individual who brings to the attention of
appropriate authorities, the press, or any member of the public,
evidence of unauthorized use of information contained in the system;

(E)
(D)

Inform a person who is asked to supply personal information for a
system whether the person is legally required to, or may refuse to,
supply the information;

(F)
(E)

Develop procedures for purposes of monitoring the accuracy,
relevance, timeliness, and completeness of the personal information
in this system, and, in accordance with the procedures, maintain the
personal information in the system with the accuracy, relevance,
timeliness, and completeness that is necessary to assure fairness in
any determination made with respect to a person on the basis of the
information;

(G)
(F)

Take reasonable precautions to protect personal information in the
system from unauthorized modification, destruction, use, or
disclosure;

(H)
(G)

Collect, maintain, and use only personal information that is
necessary and relevant to the functions that the agency is required
or authorized to perform by statute, ordinance, code, or rule, and
eliminate personal information from the system when it is no longer
necessary and relevant to those functions.

Sec.
1347.99.
(A)
No public official, public employee, or other person who maintains,
or is employed by a person who maintains, a personal information
system for a state or local agency shall purposely refuse to comply
with division
(E)
(D)
,

(F)
(E)
,

(G)
(F)
,
or
(H)
(G)

of section 1347.05, section 1347.071, division (A), (B), or (C) of
section 1347.08, or division (A) or (C) of section 1347.09 of the
Revised Code. Whoever violates this section is guilty of a minor
misdemeanor.

(B)
Whoever violates division (H)(1) or (2) of section 1347.15 of the
Revised Code is guilty of a misdemeanor of the first degree.

Sec.
1349.30.
(A)
A person has no liability under section 1349.31 of the Revised Code,
and shall not be subject to any sanction by the superintendent of
financial institutions, for any failure to comply with section
1349.26 or 1349.27 of the Revised Code, if within sixty days after
discovering the error, whether pursuant to the person's own
procedures or an examination or investigation by the superintendent
under division (A) or (B) of section 1349.34 of the Revised Code, and
prior to the initiation of any action by the superintendent under
divisions (C) to (F) of section 1349.34 of the Revised Code or the
receipt of written notice of the error from the consumer, the person
notifies the consumer or other person concerned of the error and
makes whatever adjustments in the appropriate account are necessary
to assure that the consumer will not be required to pay an amount in
excess of the charge actually disclosed, or the dollar equivalent of
the annual percentage rate actually disclosed, whichever is lower.

(B)
A creditor or assignee shall not be held liable in any action brought
under section 1349.29 of the Revised Code, if the creditor or
assignee shows by a preponderance of evidence that the compliance
failure was not intentional and resulted from a bona fide error
notwithstanding the maintenance of procedures reasonably adapted to
avoid any such error. For purposes of this division, "bona fide
error" includes, but is not limited to, clerical, calculation,
computer malfunction and programming, and printing errors. "Bona
fide error" does not include an error of legal judgment with
respect to a person's obligations under sections 1349.25 to
1349.36

1349.35

of
the Revised Code.

Sec.
1349.32.
The
purpose of sections 1349.25 to
1349.36

1349.35

of
the Revised Code is to bring Ohio law into conformance with the "Home
Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15
U.S.C.A. 1601 note, as amended, and the regulations and
interpretations adopted thereunder by the federal reserve board, in
order to facilitate the uniform administration and enforcement of
state and federal laws on the regulation of certain high cost
mortgages.

In
furtherance of that purpose, the regulations and interpretations
adopted by the federal reserve board to implement the "Home
Ownership and Equity Protection Act of 1994," which regulations
and interpretations are effective as of
the
effective date of this section
May
24, 2002
,
are hereby deemed applicable to sections 1349.25 to
1349.36

1349.35

of
the Revised Code. Such regulations and interpretations include the
amendment of sections 226.32 and 226.34 of Title 12 of the Code of
Federal Regulations, which amendment was approved by the federal
reserve board on December 12, 2001, and takes effect October 1, 2002.

Sec.
1349.34.
(A)
As often as the superintendent of financial institutions considers it
necessary, the superintendent may examine a person's records
regarding covered loans. The superintendent may recover from the
person any costs incurred in connection with and reasonably related
to the examination.

(B)
The superintendent may investigate alleged failures to comply with
sections 1349.25 to
1349.36

1349.35

of
the Revised Code, or any rule adopted thereunder, or complaints
concerning any such failure to comply. In conducting any
investigation under this section, the superintendent may compel, by
subpoena, witnesses to testify in relation to any matter over which
the superintendent has jurisdiction and may require the production of
any book, record, or other document pertaining to that matter. If a
person fails to file any statement or report, obey any subpoena, give
testimony, produce any book, record, or other document as required by
a subpoena, or permit photocopying of any book, record, or other
document subpoenaed, the court of common pleas of any county in this
state, upon application made to it by the superintendent, shall
compel obedience by attachment proceedings for contempt, as in the
case of disobedience of the requirements of a subpoena issued from
the court or a refusal to testify therein.

(C)
Whenever it appears to the superintendent that a person has engaged
in, is engaging in, or is about to engage in, any activity
constituting a failure to comply with section 1349.26 or 1349.27 of
the Revised Code, the superintendent may make application to the
court of common pleas of any county in this state for an order
enjoining any such activity. Upon a showing by the superintendent
that a person has engaged in, is engaging in, or is about to engage
in, any activity constituting a failure to comply with section
1349.26 or 1349.27 of the Revised Code, the court shall grant an
injunction, restraining order, or other appropriate relief.

(D)
Whenever it appears to the superintendent that a person has engaged
in, is engaging in, or is about to engage in, any activity that may
constitute a failure to comply with section 1349.26 or 1349.27 of the
Revised Code, the superintendent, after notice and a hearing
conducted in accordance with Chapter 119. of the Revised Code, may
issue a cease and desist order. Such an order shall be enforceable in
any court of common pleas in this state.

(E)
If a person that fails to comply with section 1349.26 or 1349.27 of
the Revised Code is licensed, registered, or
charted
chartered

by, or otherwise operates under the authority of, the superintendent,
the superintendent may, in accordance with Chapter 119. of the
Revised Code, suspend, revoke, or deny the renewal of such license,
registration, charter, or other authority.

(F)
If a person fails to comply with section 1349.26 or 1349.27 of the
Revised Code, the superintendent may, in accordance with Chapter 119.
of the Revised Code, impose a fine of not more than two thousand five
hundred dollars per compliance failure. If the person fails to comply
two or more times, the superintendent may, in accordance with Chapter
119. of the Revised Code, impose a fine of not more than five
thousand dollars per compliance failure. If the person injured by the
failure to comply is sixty-five years of age or older, the
superintendent may double the amount of the fine.

An
order to pay a fine pursuant to this division shall be enforceable in
any court of common pleas in this state. All fines collected under
this division shall be paid to the superintendent and shall be
deposited by the superintendent into the state treasury to the credit
of the consumer finance fund created under section 1321.21 of the
Revised Code.

In
determining the amount of a fine to be imposed under this division,
the superintendent shall consider all of the following:

(1)
The seriousness of the conduct;

(2)
The person's good faith efforts to prevent the conduct;

(3)
The person's history regarding violations and compliance with the
superintendent's orders;

(4)
The person's financial resources;

(5)
Any other matter the superintendent considers appropriate in
enforcing sections 1349.26 and 1349.27 of the Revised Code.

The
superintendent shall not impose a fine under this division if the
superintendent has imposed or will impose a fine under another
provision of the Revised Code for the same conduct.

(G)(1)
The superintendent may take any of the actions set forth in this
section with respect to any person other than a federally chartered
financial institution or its operating subsidiaries. Whenever it
appears to the superintendent that a federally chartered financial
institution or its operating subsidiary has engaged in, is engaging
in, or is about to engage in, any activity that may constitute a
failure to comply with section 1349.26 or 1349.27 of the Revised
Code, the superintendent may present any evidence of such activity to
the institution's appropriate federal regulatory authority, along
with any recommendations regarding the imposition of specific
sanctions.

(2)
Any action taken by the superintendent under this section shall be
commenced within three years after the alleged compliance failure.

(H)
The remedies available to the superintendent under this section are
cumulative and concurrent, and the exercise of one remedy by the
superintendent does not preclude or require the exercise of any other
remedy.

(I)
The remedies available to the superintendent under this section or to
the appropriate federal regulatory authority, the right of rescission
described in section 1349.29 of the Revised Code, and the criminal
penalty provided in section 1349.31 of the Revised Code shall
constitute the sole and exclusive remedies for any failure to comply
with section 1349.26 or 1349.27 of the Revised Code.

Sec.
1349.43.
(A)
As used in this section, "loan officer," "mortgage
broker," and "nonbank mortgage lender" have the same
meanings as in section 1345.01 of the Revised Code.

(B)
The department of commerce shall establish and maintain an electronic
database accessible through the internet that contains information on
all of the following:

(1)
The enforcement actions taken by the superintendent of financial
institutions for each violation of or failure to comply with any
provision of Chapter 1322. of the Revised Code, upon final
disposition of the action;

(2)
The enforcement actions taken by the attorney general under Chapter
1345. of the Revised Code against loan officers, mortgage brokers,
and nonbank mortgage lenders, upon final disposition of each action;

(3)
All judgments by courts of this state, concerning which appellate
remedies have been exhausted or lost by the expiration of the time
for appeal, finding either of the following:

(a)
A violation of any provision of Chapter 1322. of the Revised Code;

(b)
That specific acts or practices by a loan officer, mortgage broker,
or nonbank mortgage lender violate section 1345.02, 1345.03, or
1345.031 of the Revised Code.

(C)
The attorney general shall notify the department of all enforcement
actions and judgments described in divisions (B)(2) and (3)(b) of
this section.

(D)

The
department may adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary to implement this section.

(E)

The
electronic database maintained by the department in accordance with
this section shall not include information that, pursuant to section
1322.36 of the Revised Code, is confidential.

(F)
(E)

The department may use the multistate licensing system authorized in
section 1181.23 of the Revised Code to fulfill its obligations under
this section.

Sec.
1506.02.
(A)
The department of natural resources is hereby designated the lead
agency for the development and implementation of a coastal management
program. The director of natural resources:

(1)
Shall develop and adopt the coastal management program document. The
director shall cooperate and coordinate with other agencies of the
state and its political subdivisions in the development of the
document. Before adopting the document, the director shall hold four
public hearings on it in the coastal area, and may hold additional
public meetings, to give the public the opportunity to make comments
and recommendations concerning its terms. The director shall consider
the public comments and recommendations before adopting the document.
The director may amend the coastal management program document,
provided that, prior to making changes in it, the director notifies
by mail those persons who submitted comments and recommendations
concerning the original document and appropriate agencies of the
state and its political subdivisions. The director may hold at least
one public hearing on the proposed changes.

(2)
Shall administer the coastal management program in accordance with
the coastal management program document, this chapter, and rules
adopted under it;

(3)

Shall
adopt and may amend or rescind rules under Chapter 119. of the
Revised Code for the implementation, administration, and enforcement
of the coastal management program and the other provisions of this
chapter.

Before
the adoption, amendment, or rescission of rules under division (A)(3)
of this section, the director shall do all of the following:

(a)
Maintain a list of interested public and private organizations and
mail notice to those organizations of any proposed rule or amendment
to or rescission of a rule at least thirty days before any public
hearing on the proposal;

(b)
Mail a copy of each proposed rule, amendment, or rescission to any
person who requests a copy within five days after receipt of the
request;

(c)
Consult with appropriate statewide organizations and units of local
government that would be affected by the proposed rule, amendment, or
rescission.

Although
the director is expected to discharge these duties diligently,
failure to mail any notice or copy or to so consult with any person
is not jurisdictional and shall not be construed to invalidate any
proceeding or action of the director.

(4)

Shall provide for consultation and coordination between and among
state agencies, political subdivisions of the state, and interstate,
regional, areawide, and federal agencies in carrying out the purposes
of the coastal management program and the other provisions of this
chapter;

(5)
(4)

Shall, to the extent practicable and consistent with the protection
of coastal area resources, coordinate the rules and policies of the
department of natural resources with the rules and policies of other
state and federal agencies to simplify and consolidate the regulation
of activities along the Lake Erie shoreline;

(6)
(5)

May, to accomplish the purposes of the coastal management program and
the other provisions of this chapter, contract with any person and
may accept and expend gifts, bequests, and grants of money or
property from any person.

(B)
Every agency of the state, upon request of the director, shall
cooperate with the department of natural resources in the
implementation of the coastal management program.

(C)
The director shall establish a coastal management assistance grant
program. Grants may be awarded from federal funds received for that
purpose and from such other funds as may be provided by law to any
municipal corporation, county, township, park district created under
section 511.18 or 1545.04 of the Revised Code, conservancy district
established under Chapter 6101. of the Revised Code, port authority,
other political subdivision, state agency, educational institution,
or nonprofit corporation to help implement, administer, or enforce
any aspect of the coastal management program. Grants may be used for
any of the following purposes:

(1)
Feasibility studies and engineering reports for projects that are
consistent with the policies in the coastal management program
document;

(2)
The protection and preservation of wetlands, beaches, fish and
wildlife habitats, minerals, natural areas, prime agricultural land,
endangered plant and animal species, or other significant natural
coastal resources;

(3)
The management of shoreline development to prevent loss of life and
property in coastal flood hazard areas and coastal erosion areas, to
set
prioities
priorities

for water-dependent energy, commercial, industrial, agricultural, and
recreational uses, or to identify environmentally acceptable sites
for dredge spoil disposal;

(4)
Increasing public access to Lake Erie and other public places in the
coastal area;

(5)
The protection and preservation of historical, cultural, or aesthetic
coastal resources;

(6)
Improving the predictability and efficiency of governmental decision
making related to coastal area management;

(7)
Adopting, administering, and enforcing zoning ordinances or
resolutions relating to coastal flood hazard areas or coastal erosion
areas;

(8)
The redevelopment of deteriorating and underutilized waterfronts and
ports;

(9)
Other purposes approved by the director.

Sec.
1506.04.
(A)
No later than September 15, 1989, each county or municipal
corporation within whose jurisdiction is a coastal flood hazard area
shall either participate in and remain in compliance with the
national flood insurance program or shall adopt resolutions or
ordinances governing the coastal flood hazard area that meet or
exceed the standards required for participation in the regular phase
of the national flood insurance program.

(B)
If the director of natural resources determines at any time that a
county or municipal corporation that is participating in the national
flood insurance program or has adopted resolutions or ordinances
under division (A) of this section is not in compliance with that
program or those resolutions or ordinances, as applicable, the
director shall so notify the legislative authority of the county or
municipal corporation and shall also notify the legislative authority
that it may respond to the determination in accordance with the
procedure for doing so established by rules

adopted under section 1506.02 of the Revised Code
.
If after considering the legislative authority's response the
director determines that the county or municipal corporation is still
not in compliance with the national flood insurance program or
resolutions or ordinances adopted under division (A) of this section,
as applicable, the director may request the attorney general in
writing to, and the attorney general shall, bring an action for
appropriate relief in a court of competent jurisdiction against the
county or municipal corporation.

(C)
The attorney general, upon the written request of the director, shall
bring an action for appropriate relief in a court of competent
jurisdiction against any development that meets both of the following
criteria:

(1)
Is located in a county or municipal corporation that is not in
compliance with division (A) of this section;

(2)
Is not in compliance with the standards of the national flood
insurance program.

(D)
This section does not apply to any permits or approvals issued by any
state agency prior to the effective date of rules adopted
under
section 1506.02 of the Revised Code
for
the implementation of this section.

(E)
As used in this section, "national flood insurance program"
and "development" have the same meanings as in section
1521.01 of the Revised Code.

Sec.
1506.34.
(A)
The director of natural resources, with the approval of the director
of the Ohio history connection, shall establish policies
and
may adopt rules
necessary
to implement and administer sections 1506.30 to 1506.36 of the
Revised Code. Not less than forty-five days prior to adopting a rule
under
this
section or
section
1506.31 of the Revised Code, the director of natural resources shall
send a copy of the proposed rule to the director of the Ohio history
connection, who shall promptly review it. Not more than thirty days
after receiving the proposed rule, the director of the Ohio history
connection shall return the rule to the director of natural resources
together with the former director's written approval or disapproval
of the proposed rule. If the director of the Ohio history connection
disapproves the rule, the director shall explain the reasons for the
disapproval and any amendments to the rule the director considers
necessary to obtain the director's approval. The director of natural
resources shall not adopt a rule under those sections that has not
been approved by the director of the Ohio history connection. If the
director of the Ohio history connection does not respond within
thirty days as prescribed in this section, the rule is deemed
approved by the director.

(B)
The director of natural resources shall inform the public of the
requirements of sections 1506.30 to 1506.36 of the Revised Code and
any policies established and rules adopted under them. In complying
with this section, the director may establish or conduct educational
programs or seminars, print and distribute informational pamphlets,
and provide detailed information to organizations that conduct scuba
diving training programs.

(C)
The director of natural resources may hire or contract with a marine
archaeologist, a marine historian, a marine surveyor, or any
combination of these persons for the purposes of implementing and
administering sections 1506.30 to 1506.36 of the Revised Code and any
rules adopted under them.

Sec.
1509.03.
(A)
The chief of the division of oil and gas resources management shall
adopt, rescind, and amend, in accordance with Chapter 119. of the
Revised Code, rules for the
administration,
implementation, and enforcement of this chapter. The rules shall
include an
identification
of the subjects that the chief shall address when attaching terms and
conditions to a permit with respect to a well and production
facilities of a well that are located within an urbanized area or
with respect to a horizontal well and production facilities
associated with a horizontal well. The subjects shall include all of
the following:

(1)
Safety concerning the drilling or operation of a well;

(2)
Protection of the public and private water supply, including the
amount of water used and the source or sources of the water;

(3)
Fencing and screening of surface facilities of a well;

(4)
Containment and disposal of drilling and production wastes;

(5)
Construction of access roads for purposes of the drilling and
operation of a well;

(6)
Noise mitigation for purposes of the drilling of a well and the
operation of a well, excluding safety and maintenance operations.

No
person shall violate any rule of the chief adopted under this
chapter.

(B)(1)
Any order issuing, denying, or modifying a permit or notices required
to be made by the chief pursuant to this chapter shall be made in
compliance with Chapter 119. of the Revised Code, except that
personal service may be used in lieu of service by mail. Every order
issuing, denying, or modifying a permit under this chapter and
described as such shall be considered an adjudication order for
purposes of Chapter 119. of the Revised Code. Division (B)(1) of this
section does not apply to a permit issued under section 1509.06 of
the Revised Code.

(2)
Where notice to any person is required by this chapter, the notice
shall be given in order to meet the requirements of law.

(C)
The chief or the chief's authorized representative may at any time
enter upon lands, public or private, for the purpose of
administration or enforcement of this chapter, the rules adopted or
orders made thereunder, or terms or conditions of permits or
registration certificates issued thereunder and may examine and copy
records pertaining to the drilling, conversion, or operation of a
well for injection of fluids and logs required by division (C) of
section 1509.223 of the Revised Code. No person shall prevent or
hinder the chief or the chief's authorized representative in the
performance of official duties. If entry is prevented or hindered,
the chief or the chief's authorized representative may apply for, and
the court of common pleas may issue, an appropriate inspection
warrant necessary to achieve the purposes of this chapter within the
court's territorial jurisdiction.

(D)
The chief may issue orders to enforce this chapter, rules adopted
thereunder, and terms or conditions of permits issued thereunder. Any
such order shall be considered an adjudication order for the purposes
of Chapter 119. of the Revised Code. No person shall violate any
order of the chief issued under this chapter. No person shall violate
a term or condition of a permit or registration certificate issued
under this chapter.

(E)
Orders of the chief denying, suspending, or revoking a registration
certificate; approving or denying approval of an application for
revision of a registered transporter's plan for disposal; or to
implement, administer, or enforce division (A) of section 1509.224
and sections 1509.22, 1509.222, 1509.223, 1509.225, and 1509.226 of
the Revised Code pertaining to the transportation of brine by vehicle
and the disposal of brine so transported are not adjudication orders
for purposes of Chapter 119. of the Revised Code. The chief shall
issue such orders under division (A) or (B) of section 1509.224 of
the Revised Code, as appropriate.

Sec.
1509.061.
An
owner of a well who has been issued a permit under section 1509.06 of
the Revised Code may submit to the chief of the division of oil and
gas resources management, on a form prescribed by the chief, a
request to revise an existing tract upon which exists a producing or
idle well. The chief shall adopt, and may amend and rescind, rules

under
section 1509.03 of the Revised Code that are necessary for the
administration of this section. The rules at least shall
to

stipulate
the information to be included on the request form and
shall

to

establish
a fee to be paid by the person submitting the request, which fee
shall not exceed two hundred fifty dollars.

The
chief shall approve a request submitted under this section unless it
would result in a violation of this chapter or rules adopted under
it, including provisions establishing spacing or minimum acreage
requirements.

Sec.
1509.222.
(A)(1)
Except as provided in section 1509.226 of the Revised Code, no person
shall transport brine by vehicle in this state unless the business
entity that employs the person first registers with and obtains a
registration certificate and identification number from the chief of
the division of oil and gas resources management.

(2)
No more than one registration certificate shall be required of any
business entity. Registration certificates issued under this section
are not transferable. An applicant shall file an application with the
chief, containing such information in such form as the chief
prescribes. The application shall include at least all of the
following:

(a)
A list that identifies each vehicle, vessel, railcar, and container
that will be used in the transportation of brine;

(b)
A plan for disposal that provides for compliance with the
requirements of this chapter and rules of the chief pertaining to the
transportation of brine by vehicle and the disposal of brine so
transported and that lists all disposal sites that the applicant
intends to use;

(c)
The bond required by section 1509.225 of the Revised Code;

(d)
A certificate issued by an insurance company authorized to do
business in this state certifying that the applicant has in force a
liability insurance policy in an amount not less than three hundred
thousand dollars bodily injury coverage and three hundred thousand
dollars property damage coverage to pay damages for injury to persons
or property caused by the collecting, handling, transportation, or
disposal of brine.

The
insurance policy required by division (A)(2)(d) of this section shall
be maintained in effect during the term of the registration
certificate. The policy or policies providing the coverage shall
require the insurance company to give notice to the chief if the
policy or policies lapse for any reason. Upon such termination of the
policy, the chief may suspend the registration certificate until
proper insurance coverage is obtained.

(3)
Each application for a registration certificate shall be accompanied
by a nonrefundable fee of fifty dollars.

(4)
If a business entity that has been issued a registration certificate
under this section changes its name due to a business reorganization
or merger, the business entity shall revise the bond or certificates
of deposit required by section 1509.225 of the Revised Code and
obtain a new certificate from an insurance company in accordance with
division
(A)(2)(e)

(A)(2)(d)

of
this section to reflect the change in the name of the business
entity.

(B)
The chief shall issue an order denying an application for a
registration certificate if the chief finds that either of the
following applies:

(1)
The applicant, at the time of applying for the registration
certificate, has been found liable by a final nonappealable order of
a court of competent jurisdiction for damage to streets, roads,
highways, bridges, culverts, or drainways pursuant to section 4513.34
or 5577.12 of the Revised Code until the applicant provides the chief
with evidence of compliance with the order.

(2)
The applicant's plan for disposal does not provide for compliance
with the requirements of this chapter and rules of the chief
pertaining to the transportation of brine by vehicle and the disposal
of brine so transported.

(C)
No applicant shall attempt to circumvent division (B) of this section
by applying for a registration certificate under a different name or
business organization name, by transferring responsibility to another
person or entity, or by any similar act.

(D)
A registered transporter shall apply to revise a disposal plan under
procedures that the chief shall prescribe by rule. However, at a
minimum, an application for a revision shall list all sources and
disposal sites of brine currently transported. The chief shall deny
any application for a revision of a plan under this division if the
chief finds that the proposed revised plan does not provide for
compliance with the requirements of this chapter and rules of the
chief pertaining to the transportation of brine by vehicle and the
disposal of brine so transported. Approvals and denials of revisions
shall be by order of the chief.

(E)
The chief may
adopt
rules,

issue orders
,

and attach terms and conditions to registration certificates as may
be necessary to administer, implement, and enforce sections 1509.222
to 1509.226 of the Revised Code for protection of public health or
safety or conservation of natural resources.

Sec.
1513.02.
(A)
The division of mineral resources management shall administer,
enforce, and implement this chapter. The chief of the division of
mineral resources management shall do all of the following:

(1)
Adopt, amend, and rescind rules:

(a)

To administer and enforce this chapter;

(b)
To implement the requirements of this chapter for

For

the
reclamation of lands affected by coal mining, including such rules
governing mining practices and procedures, segregation and placement
of soil and topsoil, backfilling, grading, terracing, resoiling, soil
conditioning and reconditioning, planting, establishment of drainage
patterns, construction of impoundments, and the construction,
maintenance, and disposition of haul roads, ditches, and dikes, as
may be necessary or desirable, under varying conditions of slope,
drainage, physical and chemical characteristics of soil and
overburden, erodability of materials, season, growth characteristics
of plants, and other factors affecting coal mining and reclamation,
to facilitate the return of the land to a condition required by this
chapter; to prevent pollution or substantial diminution of waters of
the state, substantial erosion, substantial deposition of sediment,
landslides, accumulation and discharge of acid water, and flooding,
both during mining and reclamation and thereafter; to restore the
recharge capacity of the mined area to approximate premining
conditions; and to ensure full compliance with all requirements of
this chapter relating to reclamation, and the attainment of those
objectives in the interest of the public health, safety, and welfare
to which these reclamation requirements are directed;

(c)
(b)

To meet the requirements of the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C. 1201.

(2)
Issue orders to enforce this chapter and rules adopted under it;

(3)
Adopt rules for the internal management of the division that do not
affect private rights;

(4)
Adopt programs
,
rules,

and procedures designed to assist the coal operator in this state
with the permitting process and complying with the environmental
standards of this chapter. Upon request of the applicant for a
permit, the chief shall make a determination of the probable
hydrologic consequences required in division (B)(1)(k) of section
1513.07 of the Revised Code within sixty days after a permit has been
submitted to the division for those applications requesting the chief
to perform the study. The chief shall perform the chemical analysis
of test borings or core samplings for operators who have a total
annual production of coal at all locations that does not exceed one
hundred thousand tons.

(5)
Adopt programs, rules, and procedures designed to ensure that
reclamation is performed on operations for which the performance
security has been forfeited pursuant to section 1513.16 of the
Revised Code;

(6)
Receive, administer, and expend moneys obtained from the United
States department of the interior and other federal agencies to
implement the state's permanent coal regulatory program;

(7)(a)
Regulate the beneficial use of coal combustion byproducts at coal
mining and reclamation operations and abandoned mine lands that are
regulated under this chapter and rules adopted under it. The
beneficial use of coal combustion byproducts at such coal mining and
reclamation operations and abandoned mine lands is subject to all
applicable performance standards and requirements established under
this chapter and rules adopted under it, including, without
limitation, standards and requirements established under section
1513.16 of the Revised Code and rules adopted pursuant to it.

The
beneficial use of coal combustion byproducts that is authorized at
coal mining and reclamation operations and abandoned mine lands that
are regulated under this chapter and rules adopted under it is not
subject to the following provisions of Chapters 3734. and 6111. of
the Revised Code and rules adopted under those provisions:

(i)
Permit and license requirements for solid waste facilities
established under sections 3734.02 and 3734.05 of the Revised Code;

(ii)
The prohibition against the open dumping of solid wastes established
in section 3734.03 of the Revised Code;

(iii)
Solid waste generation and disposal fees established under sections
3734.57 to 3734.574 of the Revised Code;

(iv)
Permit to install and plan approval requirements established under
sections 6111.03, 6111.44, and 6111.45 of the Revised Code.

Nothing
in division (A)(7) of this section shall be construed to limit any
other requirements that are applicable to the beneficial use of coal
combustion byproducts and that are established under Chapter 3704.,
3714., 3734., or 6111. of the Revised Code or under local or federal
laws, including, without limitation, requirements governing air
pollution control permits, hazardous waste, national pollutant
discharge elimination system permits, and section 401 water quality
certifications.

(b)
As used in division (A)(7) of this section:

(i)
"Coal combustion byproducts" means fly ash, bottom ash,
coal slag, flue gas desulphurization and fluidized bed combustion
byproducts, air or water pollution control residues from the
operation of a coal-fired electric or steam generation facility, and
any material from a clean coal technology demonstration project or
other innovative process at a coal-fired electric or steam generation
facility.

(ii)
"Beneficial use" means the use of coal combustion
byproducts in a manner that is not equivalent to the establishment of
a disposal system or a solid waste disposal facility and that is
unlikely to affect human health or safety or the environment
adversely or to degrade the existing quality of the land, air, or
water. "Beneficial use" includes, without limitation, land
application uses for agronomic value; land reclamation uses; and
discrete, controlled uses for structural fill, pavement aggregate,
pipe bedding aggregate, mine sealing, alternative drainage or capping
material, and pilot demonstration projects.

(iii)
"Structural fill" means the discrete, controlled use of a
coal combustion byproduct as a substitute for a conventional
aggregate, raw material, or soil under or immediately adjacent to a
building or structure. "Structural fill" does not include
uses that involve general filling or grading operations or valley
fills.

(iv)
"Pavement aggregate" means the discrete, controlled use of
a coal combustion byproduct as a subbase material or drainage layer
under or immediately adjacent to a paved road or a paved parking lot
where the coal combustion byproduct is a substitute for a
conventional aggregate, raw material, or soil.

(v)
"Pipe bedding aggregate" means the discrete, controlled use
of a coal combustion byproduct as a substitute for a conventional
aggregate, raw material, or soil under, around, or immediately
adjacent to a water, sewer, or other pipeline.

(vi)
"Coal-fired electric or steam generation facility" includes
any boiler that is fired with coal or with coal in combination with
petroleum coke, oil, natural gas, or any other fossil fuel.

(vii)
"Solid waste disposal facility" means a facility for the
disposal of solid wastes as provided in Chapter 3734. of the Revised
Code and rules adopted under it.

(viii)
"Disposal system" has the same meaning as in section
6111.01 of the Revised Code.

(8)
Establish programs and adopt rules and procedures governing terms,
limitations, and conditions for the use of diesel equipment in an
underground coal mine.

(B)
The chief, by rule, may designate as unsuitable for coal mining
natural areas maintained on the registry of natural areas of the
department of natural resources pursuant to Chapter 1517. of the
Revised Code, wild, scenic, or recreational river areas designated
pursuant to that chapter, publicly owned or dedicated parks, and
other areas of unique and irreplaceable natural beauty or condition,
or areas within specified distances of a public road, occupied
dwelling, public building, school, church, community, or
institutional building, public park, or cemetery. Such a designation
may include land adjacent to the perimeters of those areas that may
be necessary to protect their integrity.

(C)(1)
The adoption, amendment, and rescission of rules under divisions

(A)(1),
(4)
(A)(4)
,
(5), and, (8), (B), and (J) of this section are subject to Chapter
119. of the Revised Code.

(2)
The issuance of orders under division (A)(2) of this section and
appeals therefrom are not governed by or subject to Chapter 119. of
the Revised Code, but are governed by this chapter.

(D)(1)
When the chief or an authorized representative of the chief
determines that any condition or practice exists or that any
permittee is in violation of any requirement of this chapter or any
permit condition required by this chapter, which condition, practice,
or violation creates an imminent danger to the health or safety of
the public or is causing, or can reasonably be expected to cause,
significant, imminent environmental harm to land, air, or water
resources, the chief or the authorized representative immediately
shall order the cessation of coal mining and reclamation operations
or the portion thereof relevant to the condition, practice, or
violation. The cessation order shall remain in effect until the chief
or the authorized representative determines that the condition,
practice, or violation has been abated or until the order is
modified, vacated, or terminated by the chief or the authorized
representative pursuant to division (D)(4) of this section or by the
reclamation commission pursuant to section 1513.13 of the Revised
Code. When the chief or the authorized representative finds that the
ordered cessation of coal mining and reclamation operations or any
portion thereof will not completely abate the imminent danger to the
health or safety of the public or the significant, imminent
environmental harm to land, air, or water resources, the chief or the
authorized representative, in addition to the cessation order, shall
order the operator to take whatever steps the chief or the authorized
representative considers necessary to abate the imminent danger or
the significant environmental harm.

(2)
When the chief or an authorized representative of the chief
determines that any person is in violation of any requirement of this
chapter or any permit condition required by this chapter, but the
violation does not create an imminent danger to the health or safety
of the public or cannot reasonably be expected to cause significant,
imminent environmental harm to land, air, or water resources, the
chief or the authorized representative shall issue a notice of
violation to the person or the person's agent fixing a reasonable
time for the abatement of the violation, provided that the time
afforded a person to abate the violation shall not exceed the time
limitations prescribed by the secretary of the interior in 30 C.F.R.
Part 843 for an approvable state regulatory program under the
"Surface Mining Control and Reclamation Act of 1977," 91
Stat. 445, 30 U.S.C. 1201.

If,
upon expiration of the period of time as originally fixed or
subsequently extended for good cause shown and upon the written
finding of the chief or the authorized representative, the chief or
the authorized representative finds that the violation has not been
abated, the chief or the authorized representative immediately shall
order the cessation of coal mining and reclamation operations or the
portion thereof relevant to the violation. The cessation order shall
remain in effect until the chief or the authorized representative
determines that the violation has been abated or until the order is
modified, vacated, or terminated by the chief or the authorized
representative pursuant to division (D)(4) of this section or by the
reclamation commission pursuant to section 1513.13 of the Revised
Code. In a cessation order issued under division (D)(2) of this
section, the chief or the authorized representative shall prescribe
the steps necessary to abate the violation in the most expeditious
manner possible.

(3)
When in the judgment of the chief or an authorized representative of
the chief a pattern of violations of any requirements of this chapter
or any permit conditions required by this chapter exists or has
existed and the violations are caused by the unwarranted failure of
the permittee to comply with any requirements of this chapter or any
permit conditions or are willfully caused by the permittee, the chief
or the authorized representative immediately shall issue an order to
the permittee to show cause why the permit should not be suspended or
revoked. If a hearing is requested, the chief shall inform all
interested parties of the time and place of the hearing and conduct
the hearing pursuant to division (D) of section 1513.13 of the
Revised Code. Upon the permittee's failure to show cause why the
permit should not be suspended or revoked, the chief or the
authorized representative immediately shall suspend or revoke the
permit.

(4)
Notices of violation and orders issued pursuant to this section shall
set forth with reasonable specificity the nature of the violation and
the remedial action required, the period of time established for
abatement, and a reasonable description of the portion of the coal
mining and reclamation operation to which the notice or order
applies. Each notice or order issued under this section shall be
given promptly to the alleged violator or the agent of the alleged
violator by the chief or an authorized representative of the chief
who issues the notice or order. Notices and orders shall be in
writing and shall be signed by the chief or the authorized
representative and may be modified, vacated, or terminated by the
chief or the authorized representative. Any notice or order issued
pursuant to this section that requires cessation of mining by the
operator shall expire within thirty days after actual notice to the
operator unless a public hearing pursuant to section 1513.13 of the
Revised Code is held at the site or within such reasonable proximity
to the site that any viewings of the site can be conducted during the
course of the public hearing.

(E)(1)
A person who violates a permit condition or any other provision of
this chapter may be assessed a civil penalty by the chief, except
that if the violation leads to the issuance of a cessation order
under division (D) of this section, the civil penalty shall be
assessed for each day until the person initiates the necessary
corrective steps. The penalty shall not exceed five thousand dollars
for each violation. Each day of continuing violation may be deemed a
separate violation for purposes of penalty assessments. In
determining the amount of the penalty, consideration shall be given
to the person's history of previous violation at the particular coal
mining operation; the seriousness of the violation, including any
irreparable harm to the environment and any hazard to the health or
safety of the public; whether the person was negligent; and the
demonstrated diligence of the person charged in attempting to achieve
rapid compliance after notification of the violation.

(2)
A civil penalty shall be assessed by the chief only after the person
charged with a violation under division (E)(1) of this section has
been given an opportunity for a public hearing. If a person charged
with such a violation fails to avail oneself of the opportunity for a
public hearing, a civil penalty shall be assessed by the chief after
the chief has determined that a violation did occur, and the amount
of the penalty that is warranted, and has issued an order requiring
that the penalty be paid.

(3)
Upon the issuance of a notice or order charging that a violation of
this chapter has occurred, the chief shall inform the operator within
thirty days of the proposed amount of the penalty and provide
opportunity for an adjudicatory hearing pursuant to section 1513.13
of the Revised Code. The person charged with the penalty then shall
have thirty days to pay the proposed penalty in full or, if the
person wishes to contest either the amount of the penalty or the fact
of the violation, file a petition for review of the proposed
assessment with the secretary of the reclamation commission pursuant
to section 1513.13 of the Revised Code. If, after the hearing, the
commission affirms or modifies the proposed amount of the penalty,
the person charged with the penalty then shall have thirty days after
receipt of the written decision to pay the amount in full or file an
appeal with the court of appeals in accordance with section 1513.14
of the Revised Code. At the time the petition for review of the
proposed assessment is filed with the secretary, the person shall
forward the amount of the penalty to the secretary for placement in
the reclamation penalty fund, which is hereby created. The fund shall
be in the custody of the treasurer of state, but shall not be a part
of the state treasury. Pursuant to administrative or judicial review
of the penalty, the secretary, within thirty days, shall remit the
appropriate amount of the penalty to the person, with interest, if it
is determined that no violation occurred or that the amount of the
penalty should be reduced, and the secretary shall forward the
balance of the penalty or, if the penalty was not reduced, the entire
amount of the penalty, with interest, to the chief for deposit in the
reclamation forfeiture fund created in section 1513.18 of the Revised
Code. Failure to forward the money to the secretary within thirty
days after the chief informs the operator of the proposed amount of
the penalty shall result in a waiver of all legal rights to contest
the violation or the amount of the penalty. Within fifteen days after
being informed of the penalty, the person charged with the penalty
may request in writing an informal assessment conference to review
the amount of the penalty. The conference shall be presided over by
the chief or an individual appointed by the chief other than the
inspector that issued the notice of violation or order upon which the
penalty is based. The chief shall adopt rules governing procedures to
be followed in informal conferences. Time allowed for payment of the
penalty or appeal to the commission shall be tolled while the penalty
is being reviewed in an informal conference.

(4)
An operator who fails to correct a violation for which a notice of
violation or order has been issued under division (D) of this section
within the period permitted for its correction shall be assessed a
civil penalty of not less than seven hundred fifty dollars for each
day during which the failure or violation continues. However, a civil
penalty shall not be assessed under division (E)(4) of this section
if the commission orders the suspension of the abatement requirement
after determining, based upon the findings of an expedited hearing
held under section 1513.13 of the Revised Code at the request of the
operator, that the operator will suffer irreparable loss or damage
from the application of the abatement requirement or if the court
orders suspension of the abatement requirement pursuant to review
proceedings held under section 1513.14 of the Revised Code at the
request of the operator.

(F)
The chief may enter into a cooperative agreement with the secretary
of the interior to provide for state regulation of coal mining and
reclamation operations on federal lands within the state.

(G)
The chief may prohibit augering if necessary to maximize the
utilization, recoverability, or conservation of the solid fuel
resources or to protect against adverse water quality impacts.

(H)
The chief shall transmit copies of all schedules submitted under
section 1513.07 of the Revised Code pertaining to violations of air
or water quality laws and rules adopted and orders issued under those
laws in connection with coal mining operations to the director of
environmental protection for verification.

(I)
For the purposes of sections 1513.18, 1513.24, 1513.37, and 1514.06
of the Revised Code, the chief triennially shall determine the
average wage rate for companies performing reclamation work for the
division under those sections by averaging the wage rate paid by all
companies performing such reclamation work during the three years
immediately preceding the determination. However, in making the
initial determination under this division, the chief shall average
the wage rate paid by all companies performing such reclamation work
during the ten years immediately preceding October 29, 1995.

(J)
If this state becomes covered by a state programmatic general permit
issued by the United States army corps of engineers for the discharge
of dredged or fill material into the waters of the United States by
operations that conduct surface and underground coal mining and
reclamation operations and the restoration of abandoned mine lands,
the chief may establish programs and adopt rules and procedures
designed to implement the terms, limitations, and conditions of the
permit. The purpose of the programs, rules, and procedures shall be
to enable the state to reduce or eliminate duplicative state and
federal project evaluation, simplify the regulatory approval process,
provide environmental protection for aquatic resources that is
equivalent to federal protection, and satisfy the requirements of the
United States army corps of engineers regulatory program under which
the permit is issued and that is established under section 404 of the
"Federal Water Pollution Control Act," 86 Stat. 48 (1972),
33 U.S.C. 1344, as amended by the "Clean Water Act of 1977,"
91 Stat. 1600, 33 U.S.C. 1344; section 10 of the "Rivers and
Harbors Act of 1899," 30 Stat. 1151, 33 U.S.C. 403; and section
103 of the "Marine Protection, Research, and Sanctuaries Act of
1972," 86 Stat. 1055, 33 U.S.C. 1413.

Sec.
1513.07.
(A)(1)
No operator shall conduct a coal mining operation without a permit
for the operation issued by the chief of the division of mineral
resources management.

(2)
All permits issued pursuant to this chapter shall be issued for a
term not to exceed five years, except that, if the applicant
demonstrates that a specified longer term is reasonably needed to
allow the applicant to obtain necessary financing for equipment and
the opening of the operation and if the application is full and
complete for the specified longer term, the chief may grant a permit
for the longer term. A successor in interest to a permittee who
applies for a new permit within thirty days after succeeding to the
interest and who is able to obtain the performance security of the
original permittee may continue coal mining and reclamation
operations according to the approved mining and reclamation plan of
the original permittee until the successor's application is granted
or denied.

(3)
A permit shall terminate if the permittee has not commenced the coal
mining operations covered by the permit within three years after the
issuance of the permit, except that the chief may grant reasonable
extensions of the time upon a showing that the extensions are
necessary by reason of litigation precluding the commencement or
threatening substantial economic loss to the permittee or by reason
of conditions beyond the control and without the fault or negligence
of the permittee, and except that with respect to coal to be mined
for use in a synthetic fuel facility or specified major electric
generating facility, the permittee shall be deemed to have commenced
coal mining operations at the time construction of the synthetic fuel
or generating facility is initiated.

(4)(a)
Any permit issued pursuant to this chapter shall carry with it the
right of successive renewal upon expiration with respect to areas
within the boundaries of the permit. The holders of the permit may
apply for renewal and the renewal shall be issued unless the chief
determines by written findings, subsequent to fulfillment of the
public notice requirements of this section and section 1513.071 of
the Revised Code through demonstrations by opponents of renewal or
otherwise, that one or more of the following circumstances exists:

(i)
The terms and conditions of the existing permit are not being
satisfactorily met.

(ii)
The present coal mining and reclamation operation is not in
compliance with the environmental protection standards of this
chapter.

(iii)
The renewal requested substantially jeopardizes the operator's
continuing responsibilities on existing permit areas.

(iv)
The applicant has not provided evidence that the performance security
in effect for the operation will continue in effect for any renewal
requested in the application.

(v)
Any additional, revised, or updated information required by the chief
has not been provided. Prior to the approval of any renewal of a
permit, the chief shall provide notice to the appropriate public
authorities as prescribed by rule of the chief.

(b)
If an application for renewal of a valid permit includes a proposal
to extend the mining operation beyond the boundaries authorized in
the existing permit, the portion of the application for renewal of a
valid permit that addresses any new land areas shall be subject to
the full standards applicable to new applications under this chapter.

(c)
A permit renewal shall be for a term not to exceed the period of the
original permit established by this chapter. Application for permit
renewal shall be made at least one hundred twenty days prior to the
expiration of the valid permit.

(5)
A permit issued pursuant to this chapter does not eliminate the
requirements for obtaining a permit to install or modify a disposal
system or any part thereof or to discharge sewage, industrial waste,
or other wastes into the waters of the state in accordance with
Chapter 6111. of the Revised Code.

(B)(1)
The permit application shall be submitted in a manner satisfactory to
the chief and shall contain, among other things, all of the
following:

(a)
The names and addresses of all of the following:

(i)
The permit applicant;

(ii)
Every legal owner of record of the property, surface and mineral, to
be mined;

(iii)
The holders of record of any leasehold interest in the property;

(iv)
Any purchaser of record of the property under a real estate contract;

(v)
The operator if different from the applicant;

(vi)
If any of these are business entities other than a single proprietor,
the names and addresses of the principals, officers, and statutory
agent for service of process.

(b)
The names and addresses of the owners of record of all surface and
subsurface areas adjacent to any part of the permit area;

(c)
A statement of any current or previous coal mining permits in the
United States held by the applicant, the permit identification, and
any pending applications;

(d)
If the applicant is a partnership, corporation, association, or other
business entity, the following where applicable: the names and
addresses of every officer, partner, director, or person performing a
function similar to a director, of the applicant, the name and
address of any person owning, of record, ten per cent or more of any
class of voting stock of the applicant, a list of all names under
which the applicant, partner, or principal shareholder previously
operated a coal mining operation within the United States within the
five-year period preceding the date of submission of the application,
and a list of the person or persons primarily responsible for
ensuring that the applicant complies with the requirements of this
chapter and rules adopted pursuant thereto while mining and
reclaiming under the permit;

(e)
A statement of whether the applicant, any subsidiary, affiliate, or
persons controlled by or under common control with the applicant, any
partner if the applicant is a partnership, any officer, principal
shareholder, or director if the applicant is a corporation, or any
other person who has a right to control or in fact controls the
management of the applicant or the selection of officers, directors,
or managers of the applicant:

(i)
Has ever held a federal or state coal mining permit that in the
five-year period prior to the date of submission of the application
has been suspended or revoked or has had a coal mining bond,
performance security, or similar security deposited in lieu of bond
forfeited and, if so, a brief explanation of the facts involved;

(ii)
Has been an officer, partner, director, principal shareholder, or
person having the right to control or has in fact controlled the
management of or the selection of officers, directors, or managers of
a business entity that has had a coal mining or surface mining permit
that in the five-year period prior to the date of submission of the
application has been suspended or revoked or has had a coal mining or
surface mining bond, performance security, or similar security
deposited in lieu of bond forfeited and, if so, a brief explanation
of the facts involved.

(f)
A copy of the applicant's advertisement to be published in a
newspaper of general circulation in the locality of the proposed site
at least once a week for four successive weeks, which shall include
the ownership of the proposed mine, a description of the exact
location and boundaries of the proposed site sufficient to make the
proposed operation readily identifiable by local residents, and the
location where the application is available for public inspection;

(g)
A description of the type and method of coal mining operation that
exists or is proposed, the engineering techniques proposed or used,
and the equipment used or proposed to be used;

(h)
The anticipated or actual starting and termination dates of each
phase of the mining operation and number of acres of land to be
affected;

(i)
An accurate map or plan, to an appropriate scale, clearly showing the
land to be affected, the land upon which the applicant has the legal
right to enter and commence coal mining operations, and the land for
which the applicant will acquire the legal right to enter and
commence coal mining operations during the term of the permit, copies
of those documents upon which is based the applicant's legal right to
enter and commence coal mining operations or a notarized statement
describing the applicant's legal right to enter and commence coal
mining operations, and a statement whether that right is the subject
of pending litigation. This chapter does not authorize the chief to
adjudicate property title disputes.

(j)
The name of the watershed and location of the surface stream or
tributary into which drainage from the operation will be discharged;

(k)
A determination of the probable hydrologic consequences of the mining
and reclamation operations, both on and off the mine site, with
respect to the hydrologic regime, providing information on the
quantity and quality of water in surface and ground water systems
including the dissolved and suspended solids under seasonal flow
conditions and the collection of sufficient data for the mine site
and surrounding areas so that an assessment can be made by the chief
of the probable cumulative impacts of all anticipated mining in the
area upon the hydrology of the area and particularly upon water
availability, but this determination shall not be required until
hydrologic information of the general area prior to mining is made
available from an appropriate federal or state agency; however, the
permit shall not be approved until the information is available and
is incorporated into the application;

(l)
When requested by the chief, the climatological factors that are
peculiar to the locality of the land to be affected, including the
average seasonal precipitation, the average direction and velocity of
prevailing winds, and the seasonal temperature ranges;

(m)
Accurate maps prepared by or under the direction of and certified by
a qualified registered professional engineer, registered surveyor, or
licensed landscape architect to an appropriate scale clearly showing
all types of information set forth on topographical maps of the
United States geological survey of a scale of not more than four
hundred feet to the inch, including all artificial features and
significant known archeological sites. The map, among other things
specified by the chief, shall show all boundaries of the land to be
affected, the boundary lines and names of present owners of record of
all surface areas abutting the permit area, and the location of all
buildings within one thousand feet of the permit area.

(n)(i)
Cross-section maps or plans of the land to be affected including the
actual area to be mined, prepared by or under the direction of and
certified by a qualified registered professional engineer or
certified professional geologist with assistance from experts in
related fields such as hydrology, hydrogeology, geology, and
landscape architecture, showing pertinent elevations and locations of
test borings or core samplings and depicting the following
information: the nature and depth of the various strata of
overburden; the nature and thickness of any coal or rider seam above
the coal seam to be mined; the nature of the stratum immediately
beneath the coal seam to be mined; all mineral crop lines and the
strike and dip of the coal to be mined within the area to be
affected; existing or previous coal mining limits; the location and
extent of known workings of any underground mines, including mine
openings to the surface; the location of spoil, waste, or refuse
areas and topsoil preservation areas; the location of all
impoundments for waste or erosion control; any settling or water
treatment facility; constructed or natural drainways and the location
of any discharges to any surface body of water on the land to be
affected or adjacent thereto; profiles at appropriate cross sections
of the anticipated final surface configuration that will be achieved
pursuant to the operator's proposed reclamation plan; the location of
subsurface water, if encountered; the location and quality of
aquifers; and the estimated elevation of the water table. Registered
surveyors shall be allowed to perform all plans, maps, and
certifications under this chapter as they are authorized under
Chapter 4733. of the Revised Code.

(ii)
A statement of the quality and locations of subsurface water. The
chief shall provide by rule the number of locations to be sampled,
frequency of collection, and parameters to be analyzed to obtain the
statement required.

(o)
A statement of the results of test borings or core samplings from the
permit area, including logs of the drill holes, the thickness of the
coal seam found, an analysis of the chemical properties of the coal,
the sulfur content of any coal seam, chemical analysis of potentially
acid or toxic forming sections of the overburden, and chemical
analysis of the stratum lying immediately underneath the coal to be
mined, except that this division may be waived by the chief with
respect to the specific application by a written determination that
its requirements are unnecessary. If the test borings or core
samplings from the permit area indicate the existence of potentially
acid forming or toxic forming quantities of sulfur in the coal or
overburden to be disturbed by mining, the application also shall
include a statement of the acid generating potential and the acid
neutralizing potential of the rock strata to be disturbed as
calculated in accordance with the calculation method established
under section 1513.075 of the Revised Code or with another
calculation method.

(p)
For those lands in the permit application that a reconnaissance
inspection suggests may be prime farmlands, a soil survey shall be
made or obtained according to standards established by the secretary
of the United States department of agriculture in order to confirm
the exact location of the prime farmlands, if any;

(q)
A certificate issued by an insurance company authorized to do
business in this state certifying that the applicant has a public
liability insurance policy in force for the coal mining and
reclamation operations for which the permit is sought or evidence
that the applicant has satisfied other state self-insurance
requirements. The policy shall provide for personal injury and
property damage protection in an amount adequate to compensate any
persons damaged as a result of coal mining and reclamation
operations, including the use of explosives, and entitled to
compensation under the applicable provisions of state law. The policy
shall be maintained in effect during the term of the permit or any
renewal, including the length of all reclamation operations. The
insurance company shall give prompt notice to the permittee and the
chief if the public liability insurance policy lapses for any reason
including the nonpayment of insurance premiums. Upon the lapse of the
policy, the chief may suspend the permit and all other outstanding
permits until proper insurance coverage is obtained.

(r)
The business telephone number of the applicant;

(s)
If the applicant seeks an authorization under division (E)(7) of this
section to conduct coal mining and reclamation operations on areas to
be covered by the permit that were affected by coal mining operations
before August 3, 1977, that have resulted in continuing water
pollution from or on the previously mined areas, such additional
information pertaining to those previously mined areas as may be
required by the chief, including, without limitation, maps, plans,
cross sections, data necessary to determine existing water quality
from or on those areas with respect to pH, iron, and manganese, and a
pollution abatement plan that may improve water quality from or on
those areas with respect to pH, iron, and manganese.

(2)
Information pertaining to coal seams, test borings, core samplings,
or soil samples as required by this section shall be made available
by the chief to any person with an interest that is or may be
adversely affected, except that information that pertains only to the
analysis of the chemical and physical properties of the coal,
excluding information regarding mineral or elemental content that is
potentially toxic in the environment, shall be kept confidential and
not made a matter of public record.

(3)(a)
If the chief finds that the probable total annual production at all
locations of any operator will not exceed three hundred thousand
tons, the following activities, upon the written request of the
operator in connection with a permit application, shall be performed
by a qualified public or private laboratory or another public or
private qualified entity designated by the chief, and the cost of the
activities shall be assumed by the chief, provided that sufficient
moneys for such assistance are available:

(i)
The determination of probable hydrologic consequences required under
division (B)(1)(k) of this section;

(ii)
The development of cross-section maps and plans required under
division (B)(1)(n)(i) of this section;

(iii)
The geologic drilling and statement of results of test borings and
core samplings required under division (B)(1)(o) of this section;

(iv)
The collection of archaeological information required under division
(B)(1)(m) of this section and any other archaeological and historical
information required by the chief, and the preparation of plans
necessitated thereby;

(v)
Pre-blast surveys required under division (B)(5) of section 1513.161
of the Revised Code;

(vi)
The collection of site-specific resource information and production
of protection and enhancement plans for fish and wildlife habitats
and other environmental values required by the chief under this
chapter.

(b)
A coal operator that has received assistance under division (B)(3)(a)
of this section shall reimburse the chief for the cost of the
services rendered if the chief finds that the operator's actual and
attributed annual production of coal for all locations exceeds three
hundred thousand tons during the twelve months immediately following
the date on which the operator was issued a coal mining and
reclamation permit.

(4)
Each applicant for a permit shall submit to the chief as part of the
permit application a reclamation plan that meets the requirements of
this chapter.

(5)
Each applicant for a coal mining and reclamation permit shall file a
copy of the application for a permit, excluding that information
pertaining to the coal seam itself, for public inspection with the
county recorder or an appropriate public office approved by the chief
in the county where the mining is proposed to occur.

(6)
Each applicant for a coal mining and reclamation permit shall submit
to the chief as part of the permit application a blasting plan that
describes the procedures and standards by which the operator will
comply with section 1513.161 of the Revised Code.

(C)
Each reclamation plan submitted as part of a permit application shall
include, in the detail necessary to demonstrate that reclamation
required by this chapter can be accomplished and in the detail
necessary for the chief to determine the estimated cost of
reclamation if the reclamation has to be performed by the division of
mineral resources management in the event of forfeiture of the
performance security by the applicant, a statement of:

(1)
The identification of the lands subject to coal mining operations
over the estimated life of those operations and the size, sequence,
and timing of the subareas for which it is anticipated that
individual permits for mining will be sought;

(2)
The condition of the land to be covered by the permit prior to any
mining, including all of the following:

(a)
The uses existing at the time of the application and, if the land has
a history of previous mining, the uses that preceded any mining;

(b)
The capability of the land prior to any mining to support a variety
of uses, giving consideration to soil and foundation characteristics,
topography, and vegetative cover and, if applicable, a soil survey
prepared pursuant to division (B)(1)(p) of this section;

(c)
The productivity of the land prior to mining, including appropriate
classification as prime farmlands as well as the average yield of
food, fiber, forage, or wood products obtained from the land under
high levels of management.

(3)
The use that is proposed to be made of the land following
reclamation, including information regarding the utility and capacity
of the reclaimed land to support a variety of alternative uses, the
relationship of the proposed use to existing land use policies and
plans, and the comments of any owner of the land and state and local
governments or agencies thereof that would have to initiate,
implement, approve, or authorize the proposed use of the land
following reclamation;

(4)
A detailed description of how the proposed postmining land use is to
be achieved and the necessary support activities that may be needed
to achieve the proposed land use;

(5)
The engineering techniques proposed to be used in mining and
reclamation and a description of the major equipment; a plan for the
control of surface water drainage and of water accumulation; a plan,
where appropriate, for backfilling, soil stabilization, and
compacting, grading, and appropriate revegetation; a plan for soil
reconstruction, replacement, and stabilization, pursuant to the
performance standards in section 1513.16 of the Revised Code, for
those food, forage, and forest lands identified in that section; and
a statement as to how the permittee plans to comply with each of the
requirements set out in section 1513.16 of the Revised Code;

(6)
A description of the means by which the utilization and conservation
of the solid fuel resource being recovered will be maximized so that
reaffecting the land in the future can be minimized;

(7)
A detailed estimated timetable for the accomplishment of each major
step in the reclamation plan;

(8)
A description of the degree to which the coal mining and reclamation
operations are consistent with surface owner plans and applicable
state and local land use plans and programs;

(9)
The steps to be taken to comply with applicable air and water quality
laws and regulations and any applicable health and safety standards;

(10)
A description of the degree to which the reclamation plan is
consistent with local physical, environmental, and climatological
conditions;

(11)
A description of all lands, interests in lands, or options on such
interests held by the applicant or pending bids on interests in lands
by the applicant, which lands are contiguous to the area to be
covered by the permit;

(12)
The results of test borings that the applicant has made at the area
to be covered by the permit, or other equivalent information and data
in a form satisfactory to the chief, including the location of
subsurface water, and an analysis of the chemical properties,
including acid forming properties of the mineral and overburden;
except that information that pertains only to the analysis of the
chemical and physical properties of the coal, excluding information
regarding mineral or elemental contents that are potentially toxic in
the environment, shall be kept confidential and not made a matter of
public record;

(13)
A detailed description of the measures to be taken during the mining
and reclamation process to ensure the protection of all of the
following:

(a)
The quality of surface and ground water systems, both on- and
off-site, from adverse effects of the mining and reclamation process;

(b)
The rights of present users to such water;

(c)
The quantity of surface and ground water systems, both on- and
off-site, from adverse effects of the mining and reclamation process
or, where such protection of quantity cannot be assured, provision of
alternative sources of water.

(14)
Any other requirements the chief prescribes by rule.

(D)(1)
Any information required by division (C) of this section that is not
on public file pursuant to this chapter shall be held in confidence
by the chief.

(2)
With regard to requests for an exemption from the requirements of
this chapter for coal extraction incidental to the extraction of
other minerals, as described in division (H)(1)(a) of section 1513.01
of the Revised Code, confidential information includes and is limited
to information concerning trade secrets or privileged commercial or
financial information relating to the competitive rights of the
persons intending to conduct the extraction of minerals.

(E)(1)
Upon the basis of a complete mining application and reclamation plan
or a revision or renewal thereof, as required by this chapter, and
information obtained as a result of public notification and public
hearing, if any, as provided by section 1513.071 of the Revised Code,
the chief shall grant, require modification of, or deny the
application for a permit and notify the applicant in writing in
accordance with division (I)(3) of this section. An application is
deemed to be complete as submitted to the chief unless the chief,
within fourteen days of the submission, identifies deficiencies in
the application in writing and subsequently submits a copy of a
written list of deficiencies to the applicant. An application shall
not be considered incomplete or denied by reason of right of entry
documentation, provided that the applicant documents the applicant's
legal right to enter and mine at least sixty-seven per cent of the
total area for which coal mining operations are proposed.

A
decision of the chief denying a permit shall state in writing the
specific reasons for the denial.

The
applicant for a permit or revision of a permit has the burden of
establishing that the application is in compliance with all the
requirements of this chapter. Within ten days after the granting of a
permit, the chief shall notify the boards of township trustees and
county commissioners, the mayor, and the legislative authority in the
township, county, and municipal corporation in which the area of land
to be affected is located that a permit has been issued and shall
describe the location of the land. However, failure of the chief to
notify the local officials shall not affect the status of the permit.

(2)
No permit application or application for revision of an existing
permit shall be approved unless the application affirmatively
demonstrates and the chief finds in writing on the basis of the
information set forth in the application or from information
otherwise available, which shall be documented in the approval and
made available to the applicant, all of the following:

(a)
The application is accurate and complete and all the requirements of
this chapter have been complied with.

(b)
The applicant has demonstrated that the reclamation required by this
chapter can be accomplished under the reclamation plan contained in
the application.

(c)(i)
Assessment of the probable cumulative impact of all anticipated
mining in the general and adjacent area on the hydrologic balance
specified in division (B)(1)(k) of this section has been made by the
chief, and the proposed operation has been designed to prevent
material damage to hydrologic balance outside the permit area.

(ii)
There shall be an ongoing process conducted by the chief in
cooperation with other state and federal agencies to review all
assessments of probable cumulative impact of coal mining in light of
post-mining data and any other hydrologic information as it becomes
available to determine if the assessments were realistic. The chief
shall take appropriate action as indicated in the review process.

(d)
The area proposed to be mined is not included within an area
designated unsuitable for coal mining pursuant to section 1513.073 of
the Revised Code or is not within an area under study for such
designation in an administrative proceeding commenced pursuant to
division (A)(3)(c) or (B) of section 1513.073 of the Revised Code
unless in an area as to which an administrative proceeding has
commenced pursuant to division (A)(3)(c) or (B) of section 1513.073
of the Revised Code, the operator making the permit application
demonstrates that, prior to January 1, 1977, the operator made
substantial legal and financial commitments in relation to the
operation for which a permit is sought.

(e)
In cases where the private mineral estate has been severed from the
private surface estate and surface disturbance will result from the
applicant's proposed use of a strip mining method, the applicant has
submitted to the chief one of the following:

(i)
The written consent of the surface owner to the surface disturbance
that will result from the extraction of coal by the applicant's
proposed strip mining method;

(ii)
A conveyance that expressly grants or reserves the right to extract
the coal by strip mining methods that cause surface disturbance;

(iii)
If the conveyance does not expressly grant the right to extract coal
by strip mining methods that cause surface disturbance, the
surface-subsurface legal relationship concerning surface disturbance
shall be determined under the law of this state. This chapter does
not authorize the chief to adjudicate property rights disputes.

(3)(a)
The applicant shall file with the permit application a schedule
listing all notices of violations of any law, rule, or regulation of
the United States or of any department or agency thereof or of any
state pertaining to air or water environmental protection incurred by
the applicant in connection with any coal mining operation during the
three-year period prior to the date of application. The schedule also
shall indicate the final resolution of such a notice of violation.
Upon receipt of an application, the chief shall provide a schedule
listing all notices of violations of this chapter pertaining to air
or water environmental protection incurred by the applicant during
the three-year period prior to receipt of the application and the
final resolution of all such notices of violation. The chief shall
provide this schedule to the applicant for filing by the applicant
with the application filed for public review, as required by division
(B)(5) of this section. When the schedule or other information
available to the chief indicates that any coal mining operation owned
or controlled by the applicant is currently in violation of such
laws, the permit shall not be issued until the applicant submits
proof that the violation has been corrected or is in the process of
being corrected to the satisfaction of the regulatory authority,
department, or agency that has jurisdiction over the violation and
that any civil penalties owed to the state for a violation and not
the subject of an appeal have been paid. No permit shall be issued to
an applicant after a finding by the chief that the applicant or the
operator specified in the application controls or has controlled
mining operations with a demonstrated pattern of willful violations
of this chapter of a nature and duration to result in irreparable
damage to the environment as to indicate an intent not to comply with
or a disregard of this chapter.

(b)
For the purposes of division (E)(3)(a) of this section, any violation
resulting from an unanticipated event or condition at a surface coal
mining operation on lands eligible for remining under a permit held
by the person submitting an application for a coal mining permit
under this section shall not prevent issuance of that permit. As used
in this division, "unanticipated event or condition" means
an event or condition encountered in a remining operation that was
not contemplated by the applicable surface coal mining and
reclamation permit.

(4)(a)
In addition to finding the application in compliance with division
(E)(2) of this section, if the area proposed to be mined contains
prime farmland as determined pursuant to division (B)(1)(p) of this
section, the chief, after consultation with the secretary of the
United States department of agriculture and pursuant to regulations
issued by the secretary of the interior with the concurrence of the
secretary of agriculture, may grant a permit to mine on prime
farmland if the chief finds in writing that the operator has the
technological capability to restore the mined area, within a
reasonable time, to equivalent or higher levels of yield as nonmined
prime farmland in the surrounding area under equivalent levels of
management and can meet the soil reconstruction standards in section
1513.16 of the Revised Code.

(b)
Division (E)(4)(a) of this section does not apply to a permit issued
prior to August 3, 1977, or revisions or renewals thereof.

(5)
The chief shall issue an order denying a permit after finding that
the applicant has misrepresented or omitted any material fact in the
application for the permit.

(6)
The chief may issue an order denying a permit after finding that the
applicant, any partner, if the applicant is a partnership, any
officer, principal shareholder, or director, if the applicant is a
corporation, or any other person who has a right to control or in
fact controls the management of the applicant or the selection of
officers, directors, or managers of the applicant has been a sole
proprietor or partner, officer, director, principal shareholder, or
person having the right to control or has in fact controlled the
management of or the selection of officers, directors, or managers of
a business entity that ever has had a coal mining license or permit
issued by this or any other state or the United States suspended or
revoked, ever has forfeited a coal or surface mining bond,
performance security, or similar security deposited in lieu of bond
in this or any other state or with the United States, or ever has
substantially or materially failed to comply with this chapter.

(7)
When issuing a permit under this section, the chief may authorize an
applicant to conduct coal mining and reclamation operations on areas
to be covered by the permit that were affected by coal mining
operations before August 3, 1977, that have resulted in continuing
water pollution from or on the previously mined areas for the purpose
of potentially reducing the pollution loadings of pH, iron, and
manganese from discharges from or on the previously mined areas.
Following the chief's authorization to conduct such operations on
those areas, the areas shall be designated as pollution abatement
areas for the purposes of this chapter.

The
chief shall not grant an authorization under division (E)(7) of this
section to conduct coal mining and reclamation operations on any such
previously mined areas unless the applicant demonstrates to the
chief's satisfaction that all of the following conditions are met:

(a)
The applicant's pollution abatement plan for mining and reclaiming
the previously mined areas represents the best available technology
economically achievable.

(b)
Implementation of the plan will potentially reduce pollutant loadings
of pH, iron, and manganese resulting from discharges of surface
waters or ground water from or on the previously mined areas within
the permit area.

(c)
Implementation of the plan will not cause any additional degradation
of surface water quality off the permit area with respect to pH,
iron, and manganese.

(d)
Implementation of the plan will not cause any additional degradation
of ground water.

(e)
The plan meets the requirements governing mining and reclamation of
such previously mined pollution abatement areas established by the
chief in rules adopted under section 1513.02 of the Revised Code.

(f)
Neither the applicant; any partner, if the applicant is a
partnership; any officer, principal shareholder, or director, if the
applicant is a corporation; any other person who has a right to
control or in fact controls the management of the applicant or the
selection of officers, directors, or managers of the applicant; nor
any contractor or subcontractor of the applicant, has any of the
following:

(i)
Responsibility or liability under this chapter or rules adopted under
it as an operator for treating the discharges of water pollutants
from or on the previously mined areas for which the authorization is
sought;

(ii)
Any responsibility or liability under this chapter or rules adopted
under it for reclaiming the previously mined areas for which the
authorization is sought;

(iii)
During the eighteen months prior to submitting the permit application
requesting an authorization under division (E)(7) of this section,
had a coal mining and reclamation permit suspended or revoked under
division (D)(3) of section 1513.02 of the Revised Code for violating
this chapter or Chapter 6111. of the Revised Code or rules adopted
under them with respect to water quality, effluent limitations, or
surface or ground water monitoring;

(iv)
Ever forfeited a coal or surface mining bond, performance security,
or similar security deposited in lieu of a bond in this or any other
state or with the United States.

(8)
In the case of the issuance of a permit that involves a conflict of
results between various methods of calculating potential acidity and
neutralization potential for purposes of assessing the potential for
acid mine drainage to occur at a mine site, the permit shall include
provisions for monitoring and record keeping to identify the creation
of unanticipated acid water at the mine site. If the monitoring
detects the creation of acid water at the site, the permit shall
impose on the permittee additional requirements regarding mining
practices and site reclamation to prevent the discharge of acid mine
drainage from the mine site. As used in division (E)(8) of this
section, "potential acidity" and "neutralization
potential" have the same meanings as in section 1513.075 of the
Revised Code.

(F)(1)
During the term of the permit, the permittee may submit an
application for a revision of the permit, together with a revised
reclamation plan, to the chief.

(2)
An application for a revision of a permit shall not be approved
unless the chief finds that reclamation required by this chapter can
be accomplished under the revised reclamation plan. The revision
shall be approved or disapproved within ninety days after receipt of
a complete revision application. The chief shall establish, by rule,
criteria for determining the extent to which all permit application
information requirements and procedures, including notice and
hearings, shall apply to the revision request, except that any
revisions that propose significant alterations in the reclamation
plan, at a minimum, shall be subject to notice and hearing
requirements.

(3)
Any extensions to the area covered by the permit except incidental
boundary revisions shall be made by application for a permit.

(4)
Documents or a notarized statement that form the basis of the
applicant's legal right to enter and commence coal mining operations
on land that is located within an area covered by the permit and that
was legally acquired subsequent to the issuance of the permit for the
area shall be submitted with an application for a revision of the
permit.

(G)
No transfer, assignment, or sale of the rights granted under a permit
issued pursuant to this chapter shall be made without the written
approval of the chief.

(H)
The chief, within a time limit prescribed in the chief's rules, shall
review outstanding permits and may require reasonable revision or
modification of a permit. A revision or modification shall be based
upon a written finding and subject to notice and hearing requirements
established by rule of the chief.

(I)(1)
If an informal conference has been held pursuant to section 1513.071
of the Revised Code, the chief shall issue and furnish the applicant
for a permit, persons who participated in the informal conference,
and persons who filed written objections pursuant to division (B) of
section 1513.071 of the Revised Code, with the written finding of the
chief granting or denying the permit in whole or in part and stating
the reasons therefor within sixty days of the conference, provided
that the chief shall comply with the time frames established in
division (I)(3) of this section.

(2)
If there has been no informal conference held pursuant to section
1513.071 of the Revised Code, the chief shall submit to the applicant
for a permit the written finding of the chief granting or denying the
permit in whole or in part and stating the reasons therefor within
the time frames established in division (I)(3) of this section.

(3)
The chief shall grant or deny a permit not later than two hundred
forty days after the submission of a complete application for the
permit. Any time during which the applicant is making revisions to an
application or providing additional information requested by the
chief regarding an application shall not be included in the two
hundred forty days. If the chief determines that a permit cannot be
granted or denied within the two-hundred-forty-day time frame, the
chief, not later than two hundred ten days after the submission of a
complete application for the permit, shall provide the applicant with
written notice of the expected delay.

(4)
If the application is approved, the permit shall be issued. However,
the permit shall prohibit the commencement of coal mining operations
on any land that is located within an area covered by the permit if
the permittee has not provided to the chief documents that form the
basis of the permittee's legal right to enter and conduct coal mining
operations on that land. If the application is disapproved, specific
reasons therefor shall be set forth in the notification. Within
thirty days after the applicant is notified of the final decision of
the chief on the permit application, the applicant or any person with
an interest that is or may be adversely affected may appeal the
decision to the reclamation commission pursuant to section 1513.13 of
the Revised Code.

(5)
Any applicant or any person with an interest that is or may be
adversely affected who has participated in the administrative
proceedings as an objector and is aggrieved by the decision of the
reclamation commission, or if the commission fails to act within the
time limits specified in this chapter, may appeal in accordance with
section 1513.14 of the Revised Code.

Sec.
1513.16.
(A)
Any permit issued under this chapter to conduct coal mining
operations shall require that the operations meet all applicable
performance standards of this chapter

and such other requirements as the chief of the division of mineral
resources management shall adopt by rule
.
General performance standards shall apply to all coal mining and
reclamation operations and shall require the operator at a minimum to
do all of the following:

(1)
Conduct coal mining operations so as to maximize the utilization and
conservation of the solid fuel resource being recovered so that
reaffecting the land in the future through coal mining can be
minimized;

(2)
Restore the land affected to a condition capable of supporting the
uses that it was capable of supporting prior to any mining, or higher
or better uses of which there is reasonable likelihood, so long as
the uses do not present any actual or probable hazard to public
health or safety or pose any actual or probable threat of diminution
or pollution of the waters of the state, and the permit applicants'
declared proposed land uses following reclamation are not considered
to be impractical or unreasonable, to be inconsistent with applicable
land use policies and plans, to involve unreasonable delay in
implementation, or to violate federal, state, or local law;

(3)
Except as provided in division (B) of this section, with respect to
all coal mining operations, backfill, compact where advisable to
ensure stability or to prevent leaching of toxic materials, and grade
in order to restore the approximate original contour of the land with
all highwalls, spoil piles, and depressions eliminated unless small
depressions are needed in order to retain moisture to assist
revegetation or as otherwise authorized pursuant to this chapter,
provided that if the operator demonstrates that due to volumetric
expansion the amount of overburden and the spoil and waste materials
removed in the course of the mining operation are more than
sufficient to restore the approximate original contour, the operator
shall backfill, grade, and compact the excess overburden and other
spoil and waste materials to attain the lowest grade, but not more
than the angle of repose, and to cover all acid-forming and other
toxic materials in order to achieve an ecologically sound land use
compatible with the surrounding region in accordance with the
approved mining plan. The overburden or spoil shall be shaped and
graded in such a way as to prevent slides, erosion, and water
pollution and shall be revegetated in accordance with this chapter.

(4)
Stabilize and protect all surface areas, including spoil piles
affected by the coal mining and reclamation operation, to control
erosion and attendant air and water pollution effectively;

(5)
Remove the topsoil from the land in a separate layer, replace it on
the backfill area, or, if not utilized immediately, segregate it in a
separate pile from the spoil, and when the topsoil is not replaced on
a backfill area within a time short enough to avoid deterioration of
the topsoil, maintain a successful cover by quick-growing plants or
other means thereafter so that the topsoil is preserved from wind and
water erosion, remains free of any contamination by acid or other
toxic material, and is in a usable condition for sustaining
vegetation when restored during reclamation. If the topsoil is of
insufficient quantity or of poor quality for sustaining vegetation or
if other strata can be shown to be more suitable for vegetation
requirements, the operator shall remove, segregate, and preserve in a
like manner such other strata as are best able to support vegetation.

(6)
Restore the topsoil or the best available subsoil that is best able
to support vegetation;

(7)
For all prime farmlands as identified in division (B)(1)(p) of
section 1513.07 of the Revised Code to be mined and reclaimed,
perform soil removal, storage, replacement, and reconstruction in
accordance with specifications established by the secretary of the
United States department of agriculture under the "Surface
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30
U.S.C.A. 1201. The operator, at a minimum, shall be required to do
all of the following:

(a)
Segregate the A horizon of the natural soil, except where it can be
shown that other available soil materials will create a final soil
having a greater productive capacity, and, if not utilized
immediately, stockpile this material separately from the spoil and
provide needed protection from wind and water erosion or
contamination by acid or other toxic material;

(b)
Segregate the B horizon of the natural soil, or underlying C horizons
or other strata, or a combination of such horizons or other strata
that are shown to be both texturally and chemically suitable for
plant growth and that can be shown to be equally or more favorable
for plant growth than the B horizon, in sufficient quantities to
create in the regraded final soil a root zone of comparable depth and
quality to that which existed in the natural soil, and, if not
utilized immediately, stockpile this material separately from the
spoil and provide needed protection from wind and water erosion or
contamination by acid or other toxic material;

(c)
Replace and regrade the root zone material described in division
(A)(7)(b) of this section with proper compaction and uniform depth
over the regraded spoil material;

(d)
Redistribute and grade in a uniform manner the surface soil horizon
described in division (A)(7)(a) of this section.

(8)
Create, if authorized in the approved mining and reclamation plan and
permit, permanent impoundments of water on mining sites as part of
reclamation activities only when it is adequately demonstrated by the
operator that all of the following conditions will be met:

(a)
The size of the impoundment is adequate for its intended purposes.

(b)
The impoundment dam construction will be so designed as to achieve
necessary stability with an adequate margin of safety compatible with
that of structures constructed under the "Watershed Protection
and Flood Prevention Act," 68 Stat. 666 (1954), 16 U.S.C. 1001,
as amended.

(c)
The quality of impounded water will be suitable on a permanent basis
for its intended use and discharges from the impoundment will not
degrade the water quality below water quality standards established
pursuant to applicable federal and state law in the receiving stream.

(d)
The level of water will be reasonably stable.

(e)
Final grading will provide adequate safety and access for proposed
water users.

(f)
The water impoundments will not result in the diminution of the
quality or quantity of water utilized by adjacent or surrounding
landowners for agricultural, industrial, recreational, or domestic
uses.

(9)
Conduct any augering operation associated with strip mining in a
manner to maximize recoverability of mineral reserves remaining after
the operation and reclamation are complete and seal all auger holes
with an impervious and noncombustible material in order to prevent
drainage, except where the chief determines that the resulting
impoundment of water in such auger holes may create a hazard to the
environment or the public health or safety. The chief may prohibit
augering if necessary to maximize the utilization, recoverability, or
conservation of the solid fuel resources or to protect against
adverse water quality impacts.

(10)
Minimize the disturbances to the prevailing hydrologic balance at the
mine site and in associated offsite areas and to the quality and
quantity of water in surface and ground water systems both during and
after coal mining operations and during reclamation by doing all of
the following:

(a)
Avoiding acid or other toxic mine drainage by such measures as, but
not limited to:

(i)
Preventing or removing water from contact with toxic producing
deposits;

(ii)
Treating drainage to reduce toxic content that adversely affects
downstream water upon being released to water courses in accordance
with rules adopted by the chief in accordance with section 1513.02 of
the Revised Code;

(iii)
Casing, sealing, or otherwise managing boreholes, shafts, and wells,
and keeping acid or other toxic drainage from entering ground and
surface waters.

(b)(i)
Conducting coal mining operations so as to prevent, to the extent
possible using the best technology currently available, additional
contributions of suspended solids to streamflow or runoff outside the
permit area, but in no event shall contributions be in excess of
requirements set by applicable state or federal laws;

(ii)
Constructing any siltation structures pursuant to division
(A)(10)(b)(i) of this section prior to commencement of coal mining
operations. The structures shall be certified by persons approved by
the chief to be constructed as designed and as approved in the
reclamation plan.

(c)
Cleaning out and removing temporary or large settling ponds or other
siltation structures from drainways after disturbed areas are
revegetated and stabilized, and depositing the silt and debris at a
site and in a manner approved by the chief;

(d)
Restoring recharge capacity of the mined area to approximate
premining conditions;

(e)
Avoiding channel deepening or enlargement in operations requiring the
discharge of water from mines;

(f)
Such other actions as the chief may prescribe.

(11)
With respect to surface disposal of mine wastes, tailings, coal
processing wastes, and other wastes in areas other than the mine
working areas or excavations, stabilize all waste piles in designated
areas through construction in compacted layers, including the use of
noncombustible and impervious materials if necessary, and ensure that
the final contour of the waste pile will be compatible with natural
surroundings and that the site can and will be stabilized and
revegetated according to this chapter;

(12)
Refrain from coal mining within five hundred feet of active and
abandoned underground mines in order to prevent breakthroughs and to
protect the health or safety of miners. The chief shall permit an
operator to mine near, through, or partially through an abandoned
underground mine or closer than five hundred feet to an active
underground mine if both of the following conditions are met:

(a)
The nature, timing, and sequencing of the approximate coincidence of
specific strip mine activities with specific underground mine
activities are approved by the chief.

(b)
The operations will result in improved resource recovery, abatement
of water pollution, or elimination of hazards to the health and
safety of the public.

(13)
Design, locate, construct, operate, maintain, enlarge, modify, and
remove or abandon, in accordance with the standards and criteria
developed pursuant to rules adopted by the chief, all existing and
new coal mine waste piles consisting of mine wastes, tailings, coal
processing wastes, or other liquid and solid wastes, and used either
temporarily or permanently as dams or embankments;

(14)
Ensure that all debris, acid-forming materials, toxic materials, or
materials constituting a fire hazard are treated or buried and
compacted or otherwise disposed of in a manner designed to prevent
contamination of ground or surface waters and that contingency plans
are developed to prevent sustained combustion;

(15)
Ensure that all reclamation efforts proceed in an environmentally
sound manner and as contemporaneously as practicable with the coal
mining operations, except that where the applicant proposes to
combine strip mining operations with underground mining operations to
ensure maximum practical recovery of the mineral resources, the chief
may grant a variance for specific areas within the reclamation plan
from the requirement that reclamation efforts proceed as
contemporaneously as practicable to permit underground mining
operations prior to reclamation if:

(a)
The chief finds in writing that:

(i)
The applicant has presented, as part of the permit application,
specific, feasible plans for the proposed underground mining
operations.

(ii)
The proposed underground mining operations are necessary or desirable
to ensure maximum practical recovery of the mineral resource and will
avoid multiple disturbance of the surface.

(iii)
The applicant has satisfactorily demonstrated that the plan for the
underground mining operations conforms to requirements for
underground mining in this state and that permits necessary for the
underground mining operations have been issued by the appropriate
authority.

(iv)
The areas proposed for the variance have been shown by the applicant
to be necessary for the implementing of the proposed underground
mining operations.

(v)
No substantial adverse environmental damage, either on-site or
off-site, will result from the delay in completion of reclamation as
required by this chapter.

(vi)
Provisions for the off-site storage of spoil will comply with
division (A)(21) of this section.

(b)
The chief has adopted specific rules to govern the granting of such
variances in accordance with this division and has imposed such
additional requirements as the chief considers necessary.

(c)
Variances granted under this division shall be reviewed by the chief
not more than three years from the date of issuance of the permit.

(d)
Liability under the performance security filed by the applicant with
the chief pursuant to section 1513.08 of the Revised Code shall be
for the duration of the underground mining operations and until the
requirements of this section and section 1513.08 of the Revised Code
have been fully complied with.

(16)
Ensure that the construction, maintenance, and postmining conditions
of access roads into and across the site of operations will control
or prevent erosion and siltation, pollution of water, and damage to
fish or wildlife or their habitat, or to public or private property;

(17)
Refrain from the construction of roads or other access ways up a
stream bed or drainage channel or in such proximity to the channel as
to seriously alter the normal flow of water;

(18)
Establish, on the regraded areas and all other lands affected, a
diverse, effective, and permanent vegetative cover of the same
seasonal variety native to the area of land to be affected and
capable of self-regeneration and plant succession at least equal in
extent of cover to the natural vegetation of the area, except that
introduced species may be used in the revegetation process where
desirable and necessary to achieve the approved postmining land use
plan;

(19)(a)
Assume the responsibility for successful revegetation, as required by
division (A)(18) of this section, for a period of five full years
after the last year of augmented seeding, fertilizing, irrigation, or
other work in order to ensure compliance with that division, except
that when the chief approves a long-term intensive agricultural
postmining land use, the applicable five-year period of
responsibility for revegetation shall commence at the date of initial
planting for that long-term intensive agricultural postmining land
use, and except that when the chief issues a written finding
approving a long-term intensive agricultural postmining land use as
part of the mining and reclamation plan, the chief may grant an
exception to division (A)(18) of this section;

(b)
On lands eligible for remining, assume the responsibility for
successful revegetation, as required by division (A)(18) of this
section, for a period of two full years after the last year of
augmented seeding, fertilizing, irrigation, or other work in order to
ensure compliance with that division.

(20)
Protect off-site areas from slides or damage occurring during the
coal mining and reclamation operations and not deposit spoil material
or locate any part of the operations or waste accumulations outside
the permit area;

(21)
Place all excess spoil material resulting from coal mining and
reclamation operations in such a manner that all of the following
apply:

(a)
Spoil is transported and placed in a controlled manner in position
for concurrent compaction and in such a way as to ensure mass
stability and to prevent mass movement.

(b)
The areas of disposal are within the permit areas for which
performance security has been provided. All organic matter shall be
removed immediately prior to spoil placement except in the zoned
concept method.

(c)
Appropriate surface and internal drainage systems and diversion
ditches are used so as to prevent spoil erosion and mass movement.

(d)
The disposal area does not contain springs, natural watercourses, or
wet weather seeps unless lateral drains are constructed from the wet
areas to the main underdrains in such a manner that filtration of the
water into the spoil pile will be prevented unless the zoned concept
method is used.

(e)
If placed on a slope, the spoil is placed upon the most moderate
slope among those slopes upon which, in the judgment of the chief,
the spoil could be placed in compliance with all the requirements of
this chapter and is placed, where possible, upon, or above, a natural
terrace, bench, or berm if that placement provides additional
stability and prevents mass movement.

(f)
Where the toe of the spoil rests on a downslope, a rock toe buttress
of sufficient size to prevent mass movement is constructed.

(g)
The final configuration is compatible with the natural drainage
pattern and surroundings and suitable for intended uses.

(h)
Design of the spoil disposal area is certified by a qualified
registered professional engineer in conformance with professional
standards.

(i)
All other provisions of this chapter are met.

(22)
Meet such other criteria as are necessary to achieve reclamation in
accordance with the purpose of this chapter, taking into
consideration the physical, climatological, and other characteristics
of the site;

(23)
To the extent possible, using the best technology currently
available, minimize disturbances and adverse impacts of the operation
on fish, wildlife, and related environmental values, and achieve
enhancement of such resources where practicable;

(24)
Provide for an undisturbed natural barrier beginning at the elevation
of the lowest coal seam to be mined and extending from the outslope
for such distance as the chief shall determine to be retained in
place as a barrier to slides and erosion;

(25)
Restore on the permit area streams and wetlands affected by mining
operations unless the chief approves restoration off the permit area
without a permit required by section 1513.07 or 1513.074 of the
Revised Code, instead of restoration on the permit area, of a stream
or wetland or a portion of a stream or wetland, provided that the
chief first makes all of the following written determinations:

(a)
A hydrologic and engineering assessment of the affected lands,
submitted by the operator, demonstrates that restoration on the
permit area is not possible.

(b)
The proposed mitigation plan under which mitigation activities
described in division (A)(25)(c) of this section will be conducted is
limited to a stream or wetland, or a portion of a stream or wetland,
for which restoration on the permit area is not possible.

(c)
Mitigation activities off the permit area, including mitigation
banking and payment of in-lieu mitigation fees, will be performed
pursuant to a permit issued under sections 401 and 404 of the
"Federal Water Pollution Control Act" as defined in section
6111.01 of the Revised Code or an isolated wetland permit issued
under Chapter 6111. of the Revised Code or pursuant to a no-cost
reclamation contract for the restoration of water resources affected
by past mining activities pursuant to section 1513.37 of the Revised
Code.

(d)
The proposed mitigation plan and mitigation activities comply with
the standards established in this section.

If
the chief approves restoration off the permit area in accordance with
this division, the operator shall complete all mitigation
construction or other activities required by the mitigation plan.

Performance
security for reclamation activities on the permit area shall be
released pursuant to division (F) of this section, except that the
release of the remaining portion of performance security under
division (F)(3)(c) of this section shall not be approved prior to the
construction of required mitigation activities off the permit area.

(B)(1)
The chief may permit mining operations for the purposes set forth in
division (B)(3) of this section.

(2)
When an applicant meets the requirements of divisions (B)(3) and (4)
of this section, a permit without regard to the requirement to
restore to approximate original contour known as mountain top removal
set forth in divisions (A)(3) or (C)(2) and (3) of this section may
be granted for the mining of coal where the mining operation will
remove an entire coal seam or seams running through the upper
fraction of a mountain, ridge, or hill, except as provided in
division (B)(4)(a) of this section, by removing all of the overburden
and creating a level plateau or a gently rolling contour with no
highwalls remaining, and capable of supporting postmining uses in
accordance with this division.

(3)
In cases where an industrial, commercial, agricultural, residential,
or public facility use, including recreational facilities, is
proposed for the postmining use of the affected land, the chief may
grant a permit for a mining operation of the nature described in
division (B)(2) of this section when all of the following apply:

(a)
After consultation with the appropriate land use planning agencies,
if any, the proposed postmining land use is considered to constitute
an equal or better economic or public use of the affected land, as
compared with premining use.

(b)
The applicant presents specific plans for the proposed postmining
land use and appropriate assurances that the use will be all of the
following:

(i)
Compatible with adjacent land uses;

(ii)
Obtainable according to data regarding expected need and market;

(iii)
Assured of investment in necessary public facilities;

(iv)
Supported by commitments from public agencies where appropriate;

(v)
Practicable with respect to private financial capability for
completion of the proposed use;

(vi)
Planned pursuant to a schedule attached to the reclamation plan so as
to integrate the mining operation and reclamation with the postmining
land use;

(vii)
Designed by a registered engineer in conformity with professional
standards established to ensure the stability, drainage, and
configuration necessary for the intended use of the site.

(c)
The proposed use is consistent with adjacent land uses and existing
state and local land use plans and programs.

(d)
The chief provides the governing body of the unit of general-purpose
local government in which the land is located, and any state or
federal agency that the chief, in the chief's discretion, determines
to have an interest in the proposed use, an opportunity of not more
than sixty days to review and comment on the proposed use.

(e)
All other requirements of this chapter will be met.

(4)
In granting a permit pursuant to this division, the chief shall
require that each of the following is met:

(a)
The toe of the lowest coal seam and the overburden associated with it
are retained in place as a barrier to slides and erosion.

(b)
The reclaimed area is stable.

(c)
The resulting plateau or rolling contour drains inward from the
outslopes except at specified points.

(d)
No damage will be done to natural watercourses.

(e)
Spoil will be placed on the mountaintop bench as is necessary to
achieve the planned postmining land use, except that all excess spoil
material not retained on the mountaintop bench shall be placed in
accordance with division (A)(21) of this section.

(f)
Stability of the spoil retained on the mountaintop bench is ensured
and the other requirements of this chapter are met.

(5)
The chief shall adopt specific rules to govern the granting of
permits in accordance with divisions (B)(1) to (4) of this section

and may impose such additional requirements as the chief considers
necessary
.

(6)
All permits granted under divisions (B)(1) to (4) of this section
shall be reviewed not more than three years from the date of issuance
of the permit unless the applicant affirmatively demonstrates that
the proposed development is proceeding in accordance with the terms
of the approved schedule and reclamation plan.

(C)
All of the following performance standards apply to steep-slope coal
mining and are in addition to those general performance standards
required by this section, except that this division does not apply to
those situations in which an operator is mining on flat or gently
rolling terrain on which an occasional steep slope is encountered
through which the mining operation is to proceed, leaving a plain or
predominantly flat area, or where an operator is in compliance with
division (B) of this section:

(1)
The operator shall ensure that when performing coal mining on steep
slopes, no debris, abandoned or disabled equipment, spoil material,
or waste mineral matter is placed on the downslope below the bench or
mining cut. Spoil material in excess of that required for the
reconstruction of the approximate original contour under division
(A)(3) or (C)(2) of this section shall be permanently stored pursuant
to division (A)(21) of this section.

(2)
The operator shall complete backfilling with spoil material to cover
completely the highwall and return the site to the approximate
original contour, which material will maintain stability following
mining and reclamation.

(3)
The operator shall not disturb land above the top of the highwall
unless the chief finds that the disturbance will facilitate
compliance with the environmental protection standards of this
section, except that any such disturbance involving land above the
highwall shall be limited to that amount of land necessary to
facilitate compliance.

(D)(1)
The chief may permit variances for the purposes set forth in division
(D)(3) of this section, provided that the watershed control of the
area is improved and that complete backfilling with spoil material
shall be required to cover completely the highwall, which material
will maintain stability following mining and reclamation.

(2)
Where an applicant meets the requirements of divisions (D)(3) and (4)
of this section, a variance from the requirement to restore to
approximate original contour set forth in division (C)(2) of this
section may be granted for the mining of coal when the owner of the
surface knowingly requests in writing, as a part of the permit
application, that such a variance be granted so as to render the
land, after reclamation, suitable for an industrial, commercial,
residential, or public use, including recreational facilities, in
accordance with divisions (D)(3) and (4) of this section.

(3)
A variance pursuant to division (D)(2) of this section may be granted
if:

(a)
After consultation with the appropriate land use planning agencies,
if any, the potential use of the affected land is considered to
constitute an equal or better economic or public use.

(b)
The postmining land condition is designed and certified by a
registered professional engineer in conformity with professional
standards established to ensure the stability, drainage, and
configuration necessary for the intended use of the site.

(c)
After approval of the appropriate state environmental agencies, the
watershed of the affected land is considered to be improved.

(4)
In granting a variance pursuant to division (D) of this section, the
chief shall require that only such amount of spoil will be placed off
the mine bench as is necessary to achieve the planned postmining land
use, ensure stability of the spoil retained on the bench, and meet
all other requirements of this chapter. All spoil placement off the
mine bench shall comply with division (A)(21) of this section.

(5)
The chief shall adopt specific rules to govern the granting of
variances under division (D) of this section

and may impose such additional requirements as the chief considers
necessary
.

(6)
All variances granted under division (D) of this section shall be
reviewed not more than three years from the date of issuance of the
permit unless the permittee affirmatively demonstrates that the
proposed development is proceeding in accordance with the terms of
the reclamation plan.

(E)
The chief shall establish standards and criteria regulating the
design, location, construction, operation, maintenance, enlargement,
modification, removal, and abandonment of new and existing coal mine
waste piles referred to in division (A)(13) of this section and
division (A)(5) of section 1513.35 of the Revised Code. The standards
and criteria shall conform to the standards and criteria used by the
chief of the United States army corps of engineers to ensure that
flood control structures are safe and effectively perform their
intended function. In addition to engineering and other technical
specifications, the standards and criteria developed pursuant to this
division shall include provisions for review and approval of plans
and specifications prior to construction, enlargement, modification,
removal, or abandonment; performance of periodic inspections during
construction; issuance of certificates of approval upon completion of
construction; performance of periodic safety inspections; and
issuance of notices for required remedial or maintenance work.

(F)(1)
The permittee may file a request with the chief for release of a part
of a performance security under division (F)(3) of this section.
Within thirty days after any request for performance security release
under this section has been filed with the chief, the operator shall
submit a copy of an advertisement placed at least once a week for
four successive weeks in a newspaper of general circulation in the
locality of the coal mining operation. The advertisement shall be
considered part of any performance security release application and
shall contain a notification of the precise location of the land
affected, the number of acres, the permit number and the date
approved, the amount of the performance security filed and the
portion sought to be released, the type and appropriate dates of
reclamation work performed, and a description of the results achieved
as they relate to the operator's approved reclamation plan and, if
applicable, the operator's pollution abatement plan. In addition, as
part of any performance security release application, the applicant
shall submit copies of the letters sent to adjoining property owners,
local governmental bodies, planning agencies, and sewage and water
treatment authorities or water companies in the locality in which the
coal mining and reclamation activities took place, notifying them of
the applicant's intention to seek release from the performance
security.

(2)
Upon receipt of a copy of the advertisement and request for release
of a performance security under division (F)(3)(c) of this section,
the chief, within thirty days, shall conduct an inspection and
evaluation of the reclamation work involved. The evaluation shall
consider, among other things, the degree of difficulty to complete
any remaining reclamation, whether pollution of surface and
subsurface water is occurring, the probability of continuation or
future occurrence of the pollution, and the estimated cost of abating
the pollution. The chief shall notify the permittee in writing of the
decision to release or not to release all or part of the performance
security within sixty days after the filing of the request if no
public hearing is held pursuant to division (F)(6) of this section
or, if there has been a public hearing held pursuant to division
(F)(6) of this section, within thirty days thereafter.

(3)
The chief may release the performance security if the reclamation
covered by the performance security or portion thereof has been
accomplished as required by this chapter and rules adopted under it
according to the following schedule:

(a)
When the operator completes the backfilling, regrading, and drainage
control of an area for which performance security has been provided
in accordance with the approved reclamation plan, and, if the area
covered by the performance security is one for which an authorization
was made under division (E)(7) of section 1513.07 of the Revised
Code, the operator has complied with the approved pollution abatement
plan and all additional requirements established by the chief in
rules adopted under section 1513.02 of the Revised Code governing
coal mining and reclamation operations on pollution abatement areas,
the chief shall grant a release of fifty per cent of the performance
security for the applicable permit area.

(b)
After resoiling and revegetation have been established on the
regraded mined lands in accordance with the approved reclamation
plan, the chief shall grant a release in an amount not exceeding
thirty-five per cent of the original performance security for all or
part of the affected area under the permit. When determining the
amount of performance security to be released after successful
revegetation has been established, the chief shall retain that amount
of performance security for the revegetated area that would be
sufficient for a third party to cover the cost of reestablishing
revegetation for the period specified for operator responsibility in
this section for reestablishing revegetation. No part of the
performance security shall be released under this division so long as
the lands to which the release would be applicable are contributing
suspended solids to streamflow or runoff outside the permit area in
excess of the requirements of this section or until soil productivity
for prime farmlands has returned to equivalent levels of yield as
nonmined land of the same soil type in the surrounding area under
equivalent management practices as determined from the soil survey
performed pursuant to section 1513.07 of the Revised Code. If the
area covered by the performance security is one for which an
authorization was made under division (E)(7) of section 1513.07 of
the Revised Code, no part of the performance security shall be
released under this division until the operator has complied with the
approved pollution abatement plan and all additional requirements
established by the chief in rules adopted under section 1513.02 of
the Revised Code governing coal mining and reclamation operations on
pollution abatement areas. Where a silt dam is to be retained as a
permanent impoundment pursuant to division (A)(10) of this section,
the portion of performance security may be released under this
division so long as provisions for sound future maintenance by the
operator or the landowner have been made with the chief.

(c)
When the operator has completed successfully all coal mining and
reclamation activities, including, if applicable, all additional
requirements established in the pollution abatement plan approved
under division (E)(7) of section 1513.07 of the Revised Code and all
additional requirements established by the chief in rules adopted
under section 1513.02 of the Revised Code governing coal mining and
reclamation operations on pollution abatement areas, the chief shall
release all or any of the remaining portion of the performance
security for all or part of the affected area under a permit, but not
before the expiration of the period specified for operator
responsibility in this section, except that the chief may adopt rules
for a variance to the operator period of responsibility considering
vegetation success and probability of continued growth and consent of
the landowner, provided that no performance security shall be fully
released until all reclamation requirements of this chapter are fully
met.

(4)
If the chief disapproves the application for release of the
performance security or portion thereof, the chief shall notify the
permittee, in writing, stating the reasons for disapproval and
recommending corrective actions necessary to secure the release, and
allowing the opportunity for a public adjudicatory hearing.

(5)
When any application for total or partial performance security
release is filed with the chief under this section, the chief shall
notify the municipal corporation in which the coal mining operation
is located by certified mail at least thirty days prior to the
release of all or a portion of the performance security.

(6)
A person with a valid legal interest that might be adversely affected
by release of a performance security under this section or the
responsible officer or head of any federal, state, or local
government agency that has jurisdiction by law or special expertise
with respect to any environmental, social, or economic impact
involved in the operation or is authorized to develop and enforce
environmental standards with respect to such operations may file
written objections to the proposed release from the performance
security with the chief within thirty days after the last publication
of the notice required by division (F)(1) of this section. If written
objections are filed and an informal conference is requested, the
chief shall inform all interested parties of the time and place of
the conference. The date, time, and location of the informal
conference shall be advertised by the chief in a newspaper of general
circulation in the locality of the coal mining operation proposed for
performance security release for at least once a week for two
consecutive weeks. The informal conference shall be held in the
locality of the coal mining operation proposed for performance
security release or in Franklin county, at the option of the
objector, within thirty days after the request for the conference. An
electronic record shall be made of the conference proceeding unless
waived by all parties. The record shall be maintained and shall be
accessible to the parties until final release of the performance
security at issue. In the event all parties requesting the informal
conference stipulate agreement prior to the requested informal
conference and withdraw their request, the informal conference need
not be held.

(7)
If an informal conference has been held pursuant to division (F)(6)
of this section, the chief shall issue and furnish the applicant and
persons who participated in the conference with the written decision
regarding the release within sixty days after the conference. Within
thirty days after notification of the final decision of the chief
regarding the performance security release, the applicant or any
person with an interest that is or may be adversely affected by the
decision may appeal the decision to the reclamation commission
pursuant to section 1513.13 of the Revised Code.

(8)(a)
If the chief determines that a permittee is responsible for mine
drainage that requires water treatment after reclamation is completed
under the terms of the permit or that a permittee must provide an
alternative water supply after reclamation is completed under the
terms of the permit, the permittee shall provide alternative
financial security in an amount determined by the chief prior to the
release of the remaining portion of performance security under
division (F)(3)(c) of this section. The alternative financial
security shall be in an amount that is equal to or greater than the
present value of the estimated cost over time to develop and
implement mine drainage plans and provide water treatment or in an
amount that is necessary to provide and maintain an alternative water
supply, as applicable. The alternative financial security shall
include a contract, trust, or other agreement or mechanism that is
enforceable under law to provide long-term water treatment or a
long-term alternative water supply, or both. The contract, trust, or
other agreement or mechanism included with the alternative financial
security may provide for the funding of the alternative financial
security incrementally over a period of time, not to exceed five
years, with reliance on guarantees or other collateral provided by
the permittee and approved by the chief for the balance of the
alternative financial security required until the alternative
financial security has been fully funded by the permittee.

(b)
The chief shall adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary for the administration of division
(F)(8)(a) of this section.

(c)
If the chief determines that a permittee must provide alternative
financial security under division (F)(8)(a) of this section and the
performance security for the permit was provided under division
(C)(2) of section 1513.08 of the Revised Code, the permittee may fund
the alternative financial security incrementally over a period of
time, not to exceed five years, with reliance on the reclamation
forfeiture fund created in section 1513.18 of the Revised Code for
the balance of the alternative financial security required until the
alternative financial security has been fully funded by the
permittee. The permittee semiannually shall pay to the division of
mineral resources management a fee that is equal to seven and
one-half per cent of the average balance of the alternative financial
security that is being provided by reliance on the reclamation
forfeiture fund over the previous six months. All money received from
the fee shall be credited to the reclamation forfeiture fund.

(9)
Final release of the performance security in accordance with division
(F)(3)(c) of this section terminates the jurisdiction of the chief
under this chapter over the reclaimed site of a surface coal mining
and reclamation operation or applicable portion of an operation.
However, the chief shall reassert jurisdiction over such a site if
the release was based on fraud, collusion, or misrepresentation of a
material fact and the chief, in writing, demonstrates evidence of the
fraud, collusion, or misrepresentation. Any person with an interest
that is or may be adversely affected by the chief's determination may
appeal the determination to the reclamation commission in accordance
with section 1513.13 of the Revised Code.

(G)
The chief shall adopt rules governing the criteria for forfeiture of
performance security, the method of determining the forfeited amount,
and the procedures to be followed in the event of forfeiture. Cash
received as the result of such forfeiture is the property of the
state.

Sec.
1513.171.
(A)
For the purpose of claiming a credit under section 5749.11 of the
Revised Code, an operator with a valid permit issued under section
1513.07 of the Revised Code may submit an application to the chief of
the division of mineral resources management to perform reclamation
on land or water resources that are not within the area of the
applicant's permit and that have been adversely affected by past coal
mining for which the performance security was forfeited. The chief
shall provide the application form. The application shall include all
of the following:

(1)
The operator's name, address, and telephone number;

(2)
The valid permit number of the operator;

(3)
An identification of the area or areas to be reclaimed;

(4)
An identification of the owner of the land;

(5)
A reclamation plan that describes the work to be done to reclaim the
land or water resources. The plan shall include a description of how
the plan is consistent with local physical, environmental, and
climatological conditions and the measures to be taken during the
reclamation to ensure the protection of water systems.

(6)
An estimate of the total cost of the reclamation;

(7)
An estimate of the timetables for accomplishing the reclamation
;

(8)
Any other requirements that the chief prescribes by rule
.

The
chief shall approve, disapprove, or approve with modifications the
application concerning the proposed reclamation work. If the chief
approves the application, the applicant may commence reclamation in
accordance with the timetables included in the application. Upon the
completion of the reclamation to the satisfaction of the chief, the
chief shall issue a numbered reclamation tax credit certificate
showing the amount of the credit and the identity of the recipient.
Prior to the close of the fiscal quarter in which the tax credit
certificate is issued, the chief shall certify to the tax
commissioner the amount of the credit and the identity of the
recipient.

(B)
The chief shall determine the amount of the credit in accordance with
this section and rules adopted under it. The amount of the credit
shall be equal to the cost that the division of mineral resources
management would have expended from the reclamation forfeiture fund
created in section 1513.18 of the Revised Code to complete the
reclamation.

(C)
The chief shall adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary to administer this section. The rules
shall establish all of the following:

(1)
A procedure that the chief shall use to determine the amount of the
credit issued under this section;

(2)
A procedure by which the chief may obtain consent of the owners of
land or water resources to allow reclamation work for purposes of
this section;

(3)
A procedure for delivery of notice to the owners of land or water
resources on which the reclamation work is to be performed. The rules
shall require the notice to include the date on which the reclamation
work is scheduled to begin.

Sec.
1513.18.
(A)
All money that becomes the property of the state under division (G)
of section 1513.16 of the Revised Code shall be deposited in the
reclamation forfeiture fund, which is hereby created in the state
treasury. Disbursements from the fund shall be made by the chief of
the division of mineral resources management for the purpose of
reclaiming areas of land affected by coal mining under a coal mining
and reclamation permit issued on or after September 1, 1981, on which
an operator has defaulted.

(B)
The fund also shall consist of all money from the collection of liens
under section 1513.081 of the Revised Code, all money credited to the
fund from the fee levied by division
(F)(8)(c)

(F)(8)(b)

of
section 1513.16 of the Revised Code, fines collected under division
(E) of section 1513.02 and section 1513.99 of the Revised Code, fines
collected for a violation of section 2921.31 of the Revised Code
that, prior to July 1, 1996, would have been a violation of division
(G) of section 1513.17 of the Revised Code as it existed prior to
that date, and money collected and credited to it pursuant to section
5749.02 of the Revised Code. Disbursements from the fund shall be
made by the chief in accordance with division (D) of this section for
the purpose of reclaiming areas that an operator has affected by
mining and failed to reclaim under a coal mining and reclamation
permit issued under this chapter.

The
chief may expend money from the fund to pay necessary administrative
costs, including engineering and design services, incurred by the
division of mineral resources management in reclaiming these areas.
The chief also may expend money from the fund to pay necessary
administrative costs of the reclamation forfeiture fund advisory
board created in section 1513.182 of the Revised Code as authorized
by the board under that section. Expenditures from the fund to pay
such administrative costs need not be made under contract.

(C)
Except when paying necessary administrative costs authorized by
division (B) of this section, expenditures from the fund shall be
made under contracts entered into by the chief, with the approval of
the director of natural resources, in accordance with procedures
established by the chief
,
by rules adopted in accordance with section 1513.02 of the Revised
Code
.
The chief may reclaim the land in the same manner as set forth in
sections 1513.21 to 1513.24 of the Revised Code. Each contract
awarded by the chief shall be awarded to the lowest responsive and
responsible bidder, in accordance with section 9.312 of the Revised
Code, after sealed bids are received, opened, and published at the
time and place fixed by the chief. The chief shall publish notice of
the time and place at which bids will be received, opened, and
published, at least once and at least ten days before the date of the
opening of the bids, in a newspaper of general circulation in the
county in which the area of land to be reclaimed under the contract
is located. If, after advertising, no bids are received at the time
and place fixed for receiving them, the chief may advertise again for
bids, or, if the chief considers the public interest will best be
served, the chief may enter into a contract for the reclamation of
the area of land without further advertisement for bids. The chief
may reject any or all bids received and again publish notice of the
time and place at which bids for contracts will be received, opened,
and published. The chief, with the approval of the director, may
enter into a contract with the landowner, a coal mine operator or
surface mine operator mining under a current, valid permit issued
under this chapter or Chapter 1514. of the Revised Code, or a
contractor hired by the surety or trustee, if the performance
security is held in trust, to complete reclamation on land affected
by coal mining on which an operator has defaulted, or with a
contractor hired by the trust administrator of an alternative
financial security that is provided in accordance with division
(F)(8) of section 1513.16 of the Revised Code to provide long-term
water treatment or a long-term alternative water supply on areas
affected by coal mining on which a permittee has defaulted or not
fully funded an alternative financial security, without advertising
for bids.

(D)(1)
The chief shall expend money credited to the reclamation forfeiture
fund from the forfeiture of the performance security applicable to an
area of land to pay for the cost of completing reclamation to the
standards established by this chapter and rules adopted under it.

(2)
If the performance security for the area of land was provided under
division (C)(1) of section 1513.08 of the Revised Code, the chief
shall use the money from the forfeited performance security and any
alternative financial security provided under division (F)(8) of
section 1513.16 of the Revised Code to complete the reclamation that
the operator failed to do under the operator's applicable coal mining
and reclamation permit issued under this chapter.

(3)
If the performance security for the area of land was provided under
division (C)(2) of section 1513.08 of the Revised Code, the chief
shall use the money from the forfeited performance security and any
alternative financial security provided under division (F)(8) of
section 1513.16 of the Revised Code to complete the reclamation that
the operator failed to do under the operator's applicable coal mining
and reclamation permit issued under this chapter. If the money
credited to the reclamation forfeiture fund from the forfeiture of
the performance security provided under division (C)(2) of section
1513.08 of the Revised Code and any alternative financial security
provided under division (F)(8) of section 1513.16 of the Revised Code
is not sufficient to complete the reclamation to the standards
established by this chapter and rules adopted under it, the chief
shall notify the reclamation forfeiture fund advisory board of the
amount of the insufficiency. The chief may expend money credited to
the reclamation forfeiture fund under section 5749.02 of the Revised
Code or credited to the reclamation forfeiture fund from the fee
levied by division
(F)(8)(c)
(F)(8)(b)

of section 1513.16 of the Revised Code to complete the reclamation to
the standards established by this chapter and rules adopted under it.
Except as provided in division (D)(5) of this section, the chief
shall not expend money from the fund in an amount that exceeds the
difference between the amount of the performance security provided
under division (C)(2) of section 1513.08 of the Revised Code and the
estimated cost of reclamation as determined by the chief under
divisions (B) and (E) of that section.

(4)
Except as provided in division (D)(5) of this section, money from the
reclamation forfeiture fund shall not be used for reclamation of land
or water resources affected by mine drainage that requires extended
water treatment after reclamation is completed under the terms of the
permit. In addition, money from the reclamation forfeiture fund shall
not be used to supplement the performance security of an applicant or
permittee that has provided performance security in accordance with
division (C)(1) of section 1513.08 of the Revised Code.

(5)
If a permittee relies in part on the reclamation forfeiture fund for
alternative financial security under division (F)(8)(c) of section
1513.16 of the Revised Code, money from the reclamation forfeiture
fund may be used for reclamation of the land or water resources
affected by mine drainage that requires water treatment after
reclamation is completed under the terms of the permit or an
alternative water supply after reclamation is completed under the
terms of the permit in an amount not to exceed the balance of the
alternative financial security provided by the reclamation forfeiture
fund under that division.

(E)
The chief shall keep a detailed accounting of the expenditures from
the reclamation forfeiture fund to complete reclamation of the land
or water resources, as applicable, and, upon completion of the
reclamation, shall certify the expenditures to the attorney general.
Upon the chief's certification of the expenditures from the
reclamation forfeiture fund, the attorney general shall bring an
action for that amount of money. The operator is liable for that
expense in addition to any other liabilities imposed by law. Money so
recovered shall be credited to the reclamation forfeiture fund. The
chief shall not postpone the reclamation because of any action
brought by the attorney general under this division. Prior to
completing reclamation, the chief may collect through the attorney
general any additional amount that the chief believes will be
necessary for reclamation in excess of the forfeited performance
security and any alternative financial security amount applicable to
the land or water resources that the operator should have, but failed
to, reclaim.

(F)
Except as otherwise provided in division (H) of this section, if any
part of the money in the reclamation forfeiture fund remains in the
fund after the chief has caused the area of land to be reclaimed and
has paid all the reclamation costs and expenses, the chief may expend

those

money
to complete other reclamation work performed under this section on
forfeiture areas affected under a coal mining and reclamation permit
issued on or after September 1, 1981.

(G)
The chief shall require every contractor performing reclamation work
pursuant to this section to pay workers at the greater of their
regular rate of pay, as established by contract, agreement, or prior
custom or practice, or the average wage rate paid in this state for
the same or similar work as determined by the chief under section
1513.02 of the Revised Code.

(H)
All investment earnings of the fund shall be credited to the fund and
shall be used only for the reclamation of land for which performance
security was provided under division (C)(2) of section 1513.08 of the
Revised Code.

Sec.
1513.35.
(A)
In addition to the other requirements of this chapter, each permit
issued by the chief of the division of mineral resources management
under section 1513.07 of the Revised Code for underground coal mining
shall require the operator to:

(1)
Implement measures consistent with known technology in order to
prevent subsidence from causing material damage to the extent
technologically and economically feasible, maximize mine stability,
and maintain the value and reasonably foreseeable use of such surface
lands, except in those instances where the mining technology used
requires planned subsidence in a predictable and controlled manner.
This section does not prohibit the standard method of room and pillar
mining.

(2)
Seal all portals, entryways, drifts, shafts, or other openings
between the surface and underground mine workings when no longer
needed for mining operations;

(3)
Fill or seal exploratory holes no longer necessary for mining,
maximizing to the extent technologically and economically feasible
the return of mining and processing waste, tailings, and any other
waste incident to the mining operation, to the mine workings or
excavations;

(4)
With respect to the surface disposal of mine wastes, tailings, coal
processing wastes, and other wastes in areas other than the mine
workings or excavations, stabilize all surface waste piles created by
the operator from current operations through construction in
compacted layers, including the use of noncombustible and impervious
materials if necessary, and ensure that the leachate will not degrade
below water quality standards established pursuant to applicable
federal and state law surface or ground waters, that the final
contour of the waste pile will be compatible with natural
surroundings, and that the site is stabilized and revegetated
according to this section;

(5)
Design, locate, construct, operate, maintain, enlarge, modify, and
remove or abandon, in accordance with rules adopted by the chief, all
existing and new coal mine waste piles consisting of mine wastes,
tailings, coal processing wastes, or other liquid and solid wastes
and used either temporarily or permanently as dams or embankments;

(6)
Establish on regraded areas and all other lands affected, a diverse
and permanent vegetative cover capable of self-regeneration and plant
succession and at least equal in extent of cover to the natural
vegetation of the area;

(7)
Protect offsite areas from damage that may result from such mining
operations;

(8)
Eliminate fire hazards and conditions that may constitute a hazard to
the health and safety of the public;

(9)
Minimize the disturbances of the prevailing hydrologic balance at the
minesite and in associated offsite areas and to the quantity of water
in surface and ground water systems both during and after coal mining
operations and during reclamation by:

(a)
Avoiding acid or other toxic mine drainage by such measures as, but
not limited to:

(i)
Preventing or removing water from contact with toxic producing
deposits;

(ii)
Treating drainage to reduce toxic content that adversely affects
downstream water upon being released to water courses;

(iii)
Casing, sealing, or otherwise managing boreholes, shafts, and wells
to keep acid or other toxic drainage from entering ground and surface
waters.

(b)
Conducting coal mining operations so as to prevent, to the extent
possible using the best technology currently available, additional
contributions of suspended solids to streamflow or runoff outside the
permit area, but in no event shall such contributions be in excess of
requirements set by applicable state or federal law, and avoiding
channel deepening or enlargement in operations requiring the
discharge of water from mines.

(10)
With respect to other surface impacts not specified in this division,
including the construction of new roads or in improvement or use of
existing roads for hauling or to gain access to the site, repair
areas, storage areas, processing areas, shipping areas, or other
areas upon which are sited structures, facilities, or other property
or materials on the surface, resulting from or incident to such
activities, operate in accordance with the standards established
under section 1513.16 of the Revised Code for such effects that
result from coal mining operations. The chief shall make such
modifications in the requirements imposed by this division as are
necessary to accommodate the difference between strip and underground
coal mining.

(11)
Minimize disturbances and adverse impacts of the operation on
wildlife, fish, and related environmental values, and achieve
enhancement of such resources where practicable, to the extent
possible using the best currently available technology;

(12)
Locate openings for all new drift mines working acid-producing or
iron-producing coal seams in such a manner so as to prevent a gravity
discharge of water from the mine in accordance with rules adopted by
the chief.

(B)
In order to protect the stability of the land, the chief shall
suspend underground coal mining under urbanized areas, municipal
corporations, or unincorporated communities or adjacent to industrial
or commercial buildings, major impoundments, or permanent streams, if
the chief finds imminent danger to inhabitants of the urbanized
areas, municipal corporations, and unincorporated communities.

(C)
This chapter is applicable to surface operations and surface impacts
incident to an underground coal mine with modifications as are
necessary to accommodate the difference between surface coal mining
and underground coal mining. The chief shall adopt the modifications
by rule in accordance with
section
1513.02 and
Chapter
119. of the Revised Code.

Sec.
1513.37.
(A)
There is hereby created in the state treasury the abandoned mine
reclamation fund, which shall be administered by the chief of the
division of mineral resources management. The fund shall consist of
grants from the secretary of the interior from the federal abandoned
mine reclamation fund established by Title IV of the "Surface
Mining Control and Reclamation Act of 1977," 91 Stat. 445, 30
U.S.C.A. 1201, regulations adopted under it, and amendments to the
act and regulations and the federal "Infrastructure Investment
and Jobs Act," Pub. L. No. 177-58. Expenditures from the
abandoned mine reclamation fund shall be made by the chief for the
following purposes:

(1)
Reclamation and restoration of land and water resources adversely
affected by past coal mining, including, but not limited to,
reclamation and restoration of abandoned strip mine areas, abandoned
coal processing areas, and abandoned coal refuse disposal areas;
sealing and filling of abandoned deep mine entries and voids;
planting of land adversely affected by past coal mining; prevention
of erosion and sedimentation; prevention, abatement, treatment, and
control of water pollution created by coal mine drainage, including
restoration of streambeds and construction and operation of water
treatment plants; prevention, abatement, and control of burning coal
refuse disposal areas and burning coal in situ; and prevention,
abatement, and control of coal mine subsidence;

(2)
Acquisition and filling of voids and sealing of tunnels, shafts, and
entryways of noncoal lands;

(3)
Reclaiming land, public or private, affected by mining, or
controlling mine drainage under section 1513.27 of the Revised Code
in accordance with the requirements of the federal "Infrastructure
Investment and Jobs Act," Pub. L. No. 177-58;

(4)
Acquisition of land as provided for in this section;

(5)
Administrative expenses incurred in accomplishing the purposes of
this section;

(6)
All other necessary expenses to accomplish the purposes of this
section.

(B)
Expenditures of money from the abandoned mine reclamation fund on
land and water eligible pursuant to division (C) of this section
shall reflect the following priorities in the order stated:

(1)
The protection of public health, safety, general welfare, and
property from extreme danger of adverse effects of coal mining
practices;

(2)
The protection of public health, safety, and general welfare from
adverse effects of coal mining practices;

(3)
The restoration of land and water resources and the environment
previously degraded by adverse effects of coal mining practices,
including measures for the conservation and development of soil and
water (excluding channelization), woodland, fish and wildlife,
recreation resources, and agricultural productivity;

(4)
Research and demonstration projects relating to the development of
coal mining reclamation and water quality control program methods and
techniques;

(5)
The protection, repair, replacement, construction, or enhancement of
public facilities such as utilities, roads, recreation facilities,
and conservation facilities adversely affected by coal mining
practices;

(6)
The development of publicly owned land adversely affected by coal
mining practices, including land acquired as provided in this section
for recreation and historic purposes, conservation and reclamation
purposes, and open space benefits.

(C)(1)
Lands and water eligible for reclamation or drainage abatement
expenditures under this section are those that were mined for coal or
were affected by such mining, wastebanks, coal processing, or other
coal mining processes and that meet one of the following criteria:

(a)
Are lands that were abandoned or left in an inadequate reclamation
status prior to August 3, 1977, and for which there is no continuing
reclamation responsibility under state or federal laws;

(b)
Are lands for which the chief finds that surface coal mining
operations occurred at any time between August 4, 1977, and August
16, 1982, and that any money for reclamation or abatement that are
available pursuant to a bond, performance security, or other form of
financial guarantee or from any other source are not sufficient to
provide for adequate reclamation or abatement at the site;

(c)
Are lands for which the chief finds that surface coal mining
operations occurred at any time between August 4, 1977, and November
5, 1990, that the surety of the mining operator became insolvent
during that time, and that, as of November 5, 1990, any money
immediately available from proceedings relating to that insolvency or
from any financial guarantee or other source are not sufficient to
provide for adequate reclamation or abatement at the site.

(2)
In determining which sites to reclaim pursuant to divisions (C)(1)(b)
and (c) of this section, the chief shall follow the priorities stated
in divisions (B)(1) and (2) of this section and shall ensure that
priority is given to those sites that are in the immediate vicinity
of a residential area or that have an adverse economic impact on a
local community.

(3)
Surface coal mining operations on lands eligible for remining shall
not affect the eligibility of those lands for reclamation and
restoration under this section after the release of the bond,
performance security, or other form of financial guarantee for any
such operation as provided under division (F) of section 1513.16 of
the Revised Code. If the bond, performance security, or other form of
financial guarantee for a surface coal mining operation on lands
eligible for remining is forfeited, money available under this
section may be used if the amount of the bond, performance security,
or other form of financial guarantee is not sufficient to provide for
adequate reclamation or abatement, except that if conditions warrant,
the chief immediately shall exercise the authority granted under
division (L) of this section.

(D)
The chief may submit to the secretary of the interior a state
reclamation plan and annual projects to carry out the purposes of
this section.

(1)
The reclamation plan generally shall identify the areas to be
reclaimed, the purposes for which the reclamation is proposed, the
relationship of the lands to be reclaimed and the proposed
reclamation to surrounding areas, the specific criteria for ranking
and identifying projects to be funded, and the legal authority and
programmatic capability to perform the work in accordance with this
section.

(2)
On an annual basis, the chief may submit to the secretary an
application for support of the abandoned mine reclamation fund and
implementation of specific reclamation projects. The annual requests
shall include such information as may be requested by the secretary.

(3)
The costs for each proposed project under this section shall include
actual construction costs, actual operation and maintenance costs of
permanent facilities, planning and engineering costs, construction
inspection costs, and other necessary administrative expenses.

(4)
The chief may submit annual and other reports required by the
secretary when funds are provided by the secretary under either of
the following:

(a)
Title IV of the "Surface Mining Control and Reclamation Act of
1977," 91 Stat. 445, 30 U.S.C.A. 1201, regulations adopted under
it, and amendments to the act and regulations;

(b)
The federal "Infrastructure Investment and Jobs Act," Pub.
L. No. 177-58.

(E)(1)
There is hereby created in the state treasury the acid mine drainage
abatement and treatment fund, which shall be administered by the
chief. The fund shall consist of grants from the secretary of the
interior from the federal abandoned mine reclamation fund pursuant to
section 402(g)(6) of Title IV of the "Surface Mining Control and
Reclamation Act of 1977," 91 Stat. 445, 30 U.S.C.A. 1201. All
investment earnings of the fund shall be credited to the fund.

(2)
The chief shall make expenditures from the fund, in consultation with
the United States department of agriculture, soil conservation
service, to implement acid mine drainage abatement and treatment
plans approved by the secretary. The plans shall provide for the
comprehensive abatement of the causes and treatment of the effects of
acid mine drainage within qualified hydrologic units affected by coal
mining practices and shall include at least all of the following:

(a)
An identification of the qualified hydrologic unit. As used in
division (E) of this section, "qualified hydrologic unit"
means a hydrologic unit that meets all of the following criteria:

(i)
The water quality in the unit has been significantly affected by acid
mine drainage from coal mining practices in a manner that has an
adverse impact on biological resources.

(ii)
The unit contains lands and waters that meet the eligibility
requirements established under division (C) of this section and any
of the priorities established in divisions (B)(1) to (3) of this
section.

(iii)
The unit contains lands and waters that are proposed to be the
subject of expenditures from the reclamation forfeiture fund created
in section 1513.18 of the Revised Code or the mining regulation and
safety fund created in section 1513.30 of the Revised Code.

(b)
The extent to which acid mine drainage is affecting the water quality
and biological resources within the hydrologic unit;

(c)
An identification of the sources of acid mine drainage within the
hydrologic unit;

(d)
An identification of individual projects and the measures proposed to
be undertaken to abate and treat the causes or effects of acid mine
drainage within the hydrologic unit;

(e)
The cost of undertaking the proposed abatement and treatment
measures;

(f)
An identification of existing and proposed sources of funding for
those measures;

(g)
An analysis of the cost-effectiveness and environmental benefits of
abatement and treatment measures.

(3)
The chief may make grants of money from the acid mine drainage
abatement and treatment fund to watershed groups for conducting
projects to accomplish the purposes of this section. A grant may be
made in an amount equal to not more than fifty per cent of each of
the following:

(a)
Reasonable and necessary expenses for the collection and analysis of
data sufficient to do either or both of the following:

(i)
Identify a watershed as a qualified hydrologic unit;

(ii)
Monitor the quality of water in a qualified hydrologic unit before,
during, and at any time after completion of the project by the
watershed group.

(b)
Engineering design costs and construction costs involved in the
project, provided that the project is conducted in a qualified
hydrologic unit and the chief considers the project to be a priority.

A
watershed group that wishes to obtain a grant under division (E)(3)
of this section shall submit an application to the chief on forms
provided by the division of mineral resources management, together
with detailed estimates and timetables for accomplishing the stated
goals of the project and any other information that the chief
requires.

For
the purposes of establishing priorities for awarding grants under
division (E)(3) of this section, the chief shall consider each
project's feasibility, cost-effectiveness, and environmental benefit,
together with the availability of matching funding, including in-kind
services, for the project.

The
chief shall enter into a contract for funding with each applicant
awarded a grant to ensure that the money granted is used for the
purposes of this section and that the work that the project involves
is done properly. The contract is not subject to division (B) of
section 127.16 of the Revised Code. The final payment of grant money
shall not be made until the chief inspects and approves the completed
project.

The
chief shall require each applicant awarded a grant under this section
who conducts a project involving construction work to pay workers at
the greater of their regular rate of pay, as established by contract,
agreement, or prior custom or practice, or the average wage rate paid
in this state for the same or similar work performed in the same or a
similar locality by private companies doing similar work on similar
projects.

As
used in division (E)(3) of this section, "watershed group"
means a charitable organization as defined in section 1716.01 of the
Revised Code that has been established for the purpose of conducting
reclamation of land and waters adversely affected by coal mining
practices and specifically for conducting acid mine drainage
abatement.

(F)(1)
If the chief makes a finding of fact that land or water resources
have been adversely affected by past coal mining practices; the
adverse effects are at a stage where, in the public interest, action
to restore, reclaim, abate, control, or prevent the adverse effects
should be taken; the owners of the land or water resources where
entry must be made to restore, reclaim, abate, control, or prevent
the adverse effects of past coal mining practices are not known or
are not readily available; or the owners will not give permission for
the state, political subdivisions, or their agents, employees, or
contractors to enter upon the property to restore, reclaim, abate,
control, or prevent the adverse effects of past coal mining
practices; then, upon giving notice by mail to the owners, if known,
or, if not known, by posting notice upon the premises and advertising
once in a newspaper of general circulation in the municipal
corporation or county in which the land lies, the chief or the
chief's agents, employees, or contractors may enter upon the property
adversely affected by past coal mining practices and any other
property to have access to the property to do all things necessary or
expedient to restore, reclaim, abate, control, or prevent the adverse
effects. The entry shall be construed as an exercise of the police
power for the protection of the public health, safety, and general
welfare and shall not be construed as an act of condemnation of
property nor of trespass on it. The money expended for the work and
the benefits accruing to any such premises so entered upon shall be
chargeable against the land and shall mitigate or offset any claim in
or any action brought by any owner of any interest in the premises
for any alleged damages by virtue of the entry, but this provision is
not intended to create new rights of action or eliminate existing
immunities.

(2)
The chief or the chief's authorized representatives may enter upon
any property for the purpose of conducting studies or exploratory
work to determine the existence of adverse effects of past coal
mining practices and to determine the feasibility of restoration,
reclamation, abatement, control, or prevention of such adverse
effects. The entry shall be construed as an exercise of the police
power for the protection of the public health, safety, and general
welfare and shall not be construed as an act of condemnation of
property nor trespass on it.

(3)
The chief may acquire any land by purchase, donation, or condemnation
that is adversely affected by past coal mining practices if the chief
determines that acquisition of the land is necessary to successful
reclamation and that all of the following apply:

(a)
The acquired land, after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining
practices, will serve recreation and historic purposes, serve
conservation and reclamation purposes, or provide open space
benefits.

(b)
Permanent facilities such as a treatment plant or a relocated stream
channel will be constructed on the land for the restoration,
reclamation, abatement, control, or prevention of the adverse effects
of past coal mining practices.

(c)
Acquisition of coal refuse disposal sites and all coal refuse thereon
will serve the purposes of this section or public ownership is
desirable to meet emergency situations and prevent recurrences of the
adverse effects of past coal mining practices.

(4)(a)
Title to all lands acquired pursuant to this section shall be in the
name of the state. The price paid for land acquired under this
section shall reflect the market value of the land as adversely
affected by past coal mining practices.

(b)
The chief may receive grants on a matching basis from the secretary
of the interior for the purpose of carrying out this section.

(5)(a)
Where land acquired pursuant to this section is considered to be
suitable for industrial, commercial, residential, or recreational
development, the chief may sell the land by public sale under a
system of competitive bidding at not less than fair market value and
under other requirements imposed by rule to ensure that the lands are
put to proper use consistent with local and state land use plans, if
any, as determined by the chief.

(b)
The chief, when requested, and after appropriate public notice, shall
hold a public meeting in the county, counties, or other appropriate
political subdivisions of the state in which lands acquired pursuant
to this section are located. The meetings shall be held at a time
that shall afford local citizens and governments the maximum
opportunity to participate in the decision concerning the use or
disposition of the lands after restoration, reclamation, abatement,
control, or prevention of the adverse effects of past coal mining
practices.

(6)
In addition to the authority to acquire land under division (F)(3) of
this section, the chief may use money in the fund to acquire land by
purchase, donation, or condemnation, and to reclaim and transfer
acquired land to a political subdivision, or to any person, if the
chief determines that it is an integral and necessary element of an
economically feasible plan for the construction or rehabilitation of
housing for persons disabled as the result of employment in the mines
or work incidental to that employment, persons displaced by
acquisition of land pursuant to this section, persons dislocated as
the result of adverse effects of coal mining practices that
constitute an emergency as provided in the "Surface Mining
Control and Reclamation Act of 1977," 91 Stat. 466, 30 U.S.C.A.
1240, or amendments to it, or persons dislocated as the result of
natural disasters or catastrophic failures from any cause. Such
activities shall be accomplished under such terms and conditions as
the chief requires, which may include transfers of land with or
without monetary consideration, except that to the extent that the
consideration is below the fair market value of the land transferred,
no portion of the difference between the fair market value and the
consideration shall accrue as a profit to those persons. No part of
the funds provided under this section may be used to pay the actual
construction costs of housing. The chief may carry out the purposes
of division (F)(6) of this section directly or by making grants and
commitments for grants and may advance money under such terms and
conditions as the chief may require to any agency or instrumentality
of the state or any public body or nonprofit organization designated
by the chief.

(G)(1)
Within six months after the completion of projects to restore,
reclaim, abate, control, or prevent adverse effects of past coal
mining practices on privately owned land, the chief shall itemize the
money so expended and may file a statement of the expenditures in the
office of the county recorder of the county in which the land lies,
together with a notarized appraisal by an independent appraiser of
the value of the land before the restoration, reclamation, abatement,
control, or prevention of adverse effects of past coal mining
practices if the money so expended result in a significant increase
in property value. The statement shall constitute a lien upon the
land as of the date of the expenditures of the money and shall have
priority as a lien second only to the lien of real property taxes
imposed upon the land. The lien shall not exceed the amount
determined by the appraisal to be the increase in the fair market
value of the land as a result of the restoration, reclamation,
abatement, control, or prevention of the adverse effects of past coal
mining practices. No lien shall be filed under division (G) of this
section against the property of any person who owned the surface
prior to May 2, 1977, and did not consent to, participate in, or
exercise control over the mining operation that necessitated the
reclamation performed.

(2)
The landowner may petition, within sixty days after the filing of the
lien, to determine the increase in the fair market value of the land
as a result of the restoration, reclamation, abatement, control, or
prevention of the adverse effects of past coal mining practices. The
amount reported to be the increase in value of the premises shall
constitute the amount of the lien and shall be recorded with the
statement provided in this section. Any party aggrieved by the
decision may appeal as provided by state law.

(3)
The lien provided in division (G) of this section shall be recorded
and indexed, under the name of the state and the landowner, in the
official records in the office of the county recorder of the county
in which the land lies. The county recorder shall impose no charge
for the recording or indexing of the lien. If the land is registered,
the county recorder shall make a notation and enter a memorial of the
lien upon the page of the register in which the last certificate of
title to the land is registered, stating the name of the claimant,
amount claimed, volume and page of the record where recorded, and
exact time the memorial was entered.

(4)
The lien shall continue in force so long as any portion of the amount
of the lien remains unpaid. If the lien remains unpaid at the time of
conveyance of the land on which the lien was placed, the conveyance
may be set aside. Upon repayment in full of the money expended under
this section, the chief promptly shall issue a certificate of release
of the lien. Upon presentation of the certificate of release, the
county recorder of the county in which the lien is recorded shall
record the lien as having been discharged.

(5)
A lien imposed under this section shall be foreclosed upon the
substantial failure of a landowner to pay any portion of the amount
of the lien. Before foreclosing any lien under this section, the
chief shall make a written demand upon the landowner for payment. If
the landowner does not pay the amount due within sixty days, the
chief shall refer the matter to the attorney general, who shall
institute a civil action to foreclose the lien.

(H)(1)
The chief may fill voids, seal abandoned tunnels, shafts, and
entryways, and reclaim surface impacts of underground or strip mines
that the chief determines could endanger life and property,
constitute a hazard to the public health and safety, or degrade the
environment.

(2)
In those instances where mine waste piles are being reworked for
conservation purposes, the incremental costs of disposing of the
wastes from those operations by filling voids and sealing tunnels may
be eligible for funding, provided that the disposal of these wastes
meets the purposes of this section.

(3)
The chief may acquire by purchase, donation, easement, or otherwise
such interest in land as the chief determines necessary to carry out
division (H) of this section.

(I)
The chief shall report annually to the secretary of the interior on
operations under the fund and include recommendations as to its
future uses.

(J)(1)
The chief may engage in any work and do all things necessary or
expedient,
including

except

the
adoption of rules, to implement and administer this section.

(2)
The chief may engage in cooperative projects under this section with
any agency of the United States, any other state, or their
governmental agencies or with any state university or college as
defined in section 3345.27 of the Revised Code. The cooperative
projects are not subject to division (B) of section 127.16 of the
Revised Code.

(3)
The chief may request the attorney general to initiate in any court
of competent jurisdiction an action in equity for an injunction to
restrain any interference with the exercise of the right to enter or
to conduct any work provided in this section, which remedy is in
addition to any other remedy available under this section.

(4)
The chief may construct or operate a plant or plants for the control
and treatment of water pollution resulting from mine drainage. The
extent of this control and treatment may be dependent upon the
ultimate use of the water. Division (J)(4) of this section does not
repeal or supersede any portion of the "Federal Water Pollution
Control Act," 70 Stat. 498 (1965), 33 U.S.C.A. 1151, as amended,
and no control or treatment under division (J)(4) of this section, in
any way, shall be less than that required by that act. The
construction of a plant or plants may include major interceptors and
other facilities appurtenant to the plant.

(5)
The chief may transfer money from the abandoned mine reclamation fund
and the acid mine drainage abatement and treatment fund to other
appropriate state agencies or to state universities or colleges in
order to carry out the reclamation activities authorized by this
section.

(K)
The chief may contract for any part of work to be performed under
this section, with or without advertising for bids, if the chief
determines that a condition exists that could reasonably be expected
to cause substantial physical harm to persons, property, or the
environment and to which persons or improvements on real property are
currently exposed.

The
chief shall require every contractor performing reclamation work
under this section to pay its workers at the greater of their regular
rate of pay, as established by contract, agreement, or prior custom
or practice, or the average wage rate paid in this state for the same
or similar work as determined by the chief under section 1513.02 of
the Revised Code.

(L)(1)
The chief may contract for the emergency restoration, reclamation,
abatement, control, or prevention of adverse effects of mining
practices on eligible lands if the chief determines that an emergency
exists constituting a danger to the public health, safety, or welfare
and that no other person or agency will act expeditiously to restore,
reclaim, abate, control, or prevent those adverse effects. The chief
may enter into a contract for emergency work under division (L) of
this section without advertising for bids. Any such contract or any
purchase of materials for emergency work under division (L) of this
section is not subject to division (B) of section 127.16 of the
Revised Code.

(2)
The chief or the chief's agents, employees, or contractors may enter
on any land where such an emergency exists, and on other land in
order to have access to that land, in order to restore, reclaim,
abate, control, or prevent the adverse effects of mining practices
and to do all things necessary or expedient to protect the public
health, safety, or welfare. Such an entry shall be construed as an
exercise of the police power and shall not be construed as an act of
condemnation of property or of trespass. The money expended for the
work and the benefits accruing to any premises so entered upon shall
be chargeable against the land and shall mitigate or offset any claim
in or any action brought by any owner of any interest in the premises
for any alleged damages by virtue of the entry. This provision is not
intended to create new rights of action or eliminate existing
immunities.

Sec.
1513.372.
(A)
As used in this section:

(1)
"Abandoned mine land" means land or water resources
adversely affected by coal mining practices to which one of the
following applies:

(a)
The coal mining practices occurred prior to August 3, 1977, and there
is no continuing reclamation responsibility under state or federal
law.

(b)
The coal mining practices occurred prior to April 10, 1972.

(c)
The coal mining practices were conducted pursuant to a license that
was issued prior to April 10, 1972.

(2)
"Eligible landowner" means a landowner who provides access
without charge or other consideration to abandoned mine land that is
located on the landowner's property for the purpose of allowing the
implementation of a reclamation project on the abandoned mine land.
"Eligible landowner" does not include a person that is
responsible under state or federal law to reclaim the land or address
acid mine drainage existing or emanating from the abandoned mine
land.

(3)
"Landowner" means a person who holds a fee interest in real
property.

(4)
"Nonprofit organization" means a corporation, association,
group, institution, society, or other organization that is exempt
from federal income taxation under section 501(c)(3) of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501(c)(3), as
amended, that provides funding or services at no cost or at cost for
a reclamation project.

(5)
"Reclamation project" means an acid mine drainage abatement
project that is conducted in compliance with this chapter and rules
adopted under it on abandoned mine land that is located on property
owned by an eligible landowner.

(6)
"Reclamation project work area" means the portion of a
parcel of real property on which a reclamation project is conducted
and the roads providing ingress to and egress from the reclamation
project.

(B)
Except as provided in divisions (C) and (D) of this section, an
eligible landowner or nonprofit organization is immune from liability
as follows:

(1)
For any injury to or damage suffered by a person working under the
direct supervision of the division of mineral resources management
while the person is within the reclamation project work area;

(2)
For any injury to or damage suffered by a third party that arises out
of or occurs as a result of an act or omission of the division during
the construction, operation, and maintenance of the reclamation
project;

(3)
For any failure of an acid mine drainage abatement facility
constructed or installed during a reclamation project that is
supervised by the division;

(4)
For the operation, maintenance, or repair of any acid mine drainage
abatement facility constructed or installed during a reclamation
project unless the eligible landowner negligently damages or destroys
the acid mine drainage abatement facility or denies access to the
division of mineral resources management that is responsible for the
operation, maintenance, or repair of the acid mine drainage abatement
facility.

(C)
The eligible landowner shall notify the division of a known, latent,
dangerous condition located at a reclamation project work area that
is not the subject of the reclamation project. The immunity
established in division (B) of this section does not apply to any
injury, damage, or pollution resulting from the eligible landowner's
failure to notify the division of such a known, latent, dangerous
condition.

(D)
The immunity established in division (B) of this section does not
apply in both of the following circumstances:

(1)
An injury to a person within the reclamation project work area that
results from an eligible landowner's or nonprofit organization's acts
or omissions that are reckless or constitute gross negligence or
willful or wanton misconduct;

(2)
An eligible landowner or nonprofit organization who engages in any
unlawful activities with respect to a reclamation project.

(E)
The chief of the division of mineral resources management shall adopt
rules in accordance with Chapter 119. of the Revised Code that are
necessary to implement this section.

Sec.
1517.23.
The
chief of the division of natural areas and preserves shall do both of
the following:

(A)
Formulate policies and plans and establish a program incorporating
them for the identification and protection of the state's cave
resources

and adopt, amend, or rescind rules in accordance with Chapter 119. of
the Revised Code to implement that program
;

(B)
Provide technical assistance and management advice to owners upon
request concerning the protection of caves on their land.

Sec.
1520.03.
(A)
The director of natural resources may appropriate real property in
accordance with Chapter 163. of the Revised Code for the purpose of
administering this chapter.

(B)(1)
The director shall operate and maintain all canals and canal
reservoirs owned by the state except those canals that are operated
by the Ohio history connection on July 1, 1989.

(2)
On behalf of the director, the division of parks and watercraft shall
have the care and control of all canals and canal reservoirs owned by
the state, the water in them, and canal lands and shall protect,
operate, and maintain them and keep them in repair. The chief of the
division may remove obstructions from or on them and shall make any
alterations or changes in or to them and construct any feeders,
dikes, reservoirs, dams, locks, or other works, devices, or
improvements in or on them that are necessary in the discharge of the
chief's duties.

In
accordance with Chapter 119. of the Revised Code, the chief may
adopt, amend, and rescind rules that are necessary for the
administration of this division.

(C)
The director may sell or lease water from any canal or canal
reservoir that the director operates and maintains only to the extent
that the water is in excess of the quantity that is required for
navigation, recreation, and wildlife purposes.
With
the approval of the director, the chief may adopt, amend, and rescind
rules in accordance with Chapter 119. of the Revised Code necessary
to administer this division.

The
withdrawal of water from any canal or canal reservoir for domestic
use is exempt from this division. However, the director may require
water conservation measures for water that is withdrawn from any
canal or canal reservoir for domestic use during drought conditions
or other emergencies declared by the governor.

(D)
No person shall take or divert water from any canal or canal
reservoir operated and maintained by the director except in
accordance with division (C) of this section.

(E)
At the request of the director, the attorney general may commence a
civil action for civil penalties and injunctions, in a court of
common pleas, against any person who has violated or is violating
division (D) of this section. The court of common pleas in which an
action for injunctive relief is filed has jurisdiction to and shall
grant preliminary and permanent injunctive relief upon a showing that
the person against whom the action is brought has violated or is
violating that division.

Upon
a finding of a violation, the court shall assess a civil penalty of
not more than one thousand dollars for each day of each violation if
the violator is an individual who took or diverted the water in
question for residential or agricultural use. The court shall assess
a civil penalty of not more than five thousand dollars for each day
of each violation if the violator is any other person who took or
diverted the water in question for industrial or commercial use
excluding agricultural use. Moneys from civil penalties assessed
under this division shall be paid into the state treasury to the
credit of the canal lands fund created in section 1520.05 of the
Revised Code.

Any
action under this division is a civil action, governed by the rules
of civil procedure and other rules of practice and procedure
applicable to civil actions.

(F)
As used in this section, "person" means any agency of this
state, any political subdivision of this state or of the United
States, or any legal entity defined as a person under section 1.59 of
the Revised Code.

Sec.
1521.062.
(A)
All dams and levees constructed in this state and not exempted by
this section or by the chief of the division of water resources under
section 1521.06 of the Revised Code shall be inspected periodically
by the chief, except for classes of dams that, in accordance with
rules adopted under this section, are required to be inspected by
registered professional engineers who have been approved for that
purpose by the chief. The inspection shall ensure that continued
operation and use of the dam or levee does not constitute a hazard to
life, health, or property. Periodic inspections shall not be required
of the following structures:

(1)
A dam that is less than ten feet in height and has a storage capacity
of not more than fifty acre-feet at the elevation of the top of the
dam, as determined by the chief. For the purposes of this section,
the height of a dam shall be measured from the natural stream bed or
lowest ground elevation at the downstream or outside limit of the dam
to the elevation of the top of the dam.

(2)
A dam, regardless of height, that has a storage capacity of not more
than fifteen acre-feet at the elevation of the top of the dam, as
determined by the chief;

(3)
A dam, regardless of storage capacity, that is six feet or less in
height, as determined by the chief;

(4)
A dam or levee belonging to a class exempted by the chief;

(5)
A dam or levee that has been exempted in accordance with rules
adopted under section 1521.064 of the Revised Code.

(B)
In accordance with rules adopted under this section, the owner of a
dam that is in a class of dams that is designated in the rules for
inspection by registered professional engineers shall obtain the
services of a registered professional engineer who has been approved
by the chief to conduct the periodic inspection of dams pursuant to
schedules and other standards and procedures established in the
rules. The registered professional engineer shall prepare a report of
the inspection in accordance with the rules and provide the
inspection report to the dam owner who shall submit it to the chief.
A dam that is designated under the rules for inspection by a
registered professional engineer, but that is not inspected within a
five-year period may be inspected by the chief at the owner's
expense.

(C)
Intervals between periodic inspections shall be determined by the
chief, but shall not exceed five years.

(D)
In the case of a dam or levee that the chief inspects, the chief
shall furnish a report of the inspection to the owner of the dam or
levee. With regard to a dam or levee that has been inspected, either
by the chief or by a registered professional engineer, and that is
the subject of an inspection report prepared or received by the
chief, the chief shall inform the owner of any required repairs,
maintenance, investigations, and other remedial and operational
measures. The chief shall order the owner to perform such repairs,
maintenance, investigations, or other remedial or operational
measures as the chief considers necessary to safeguard life, health,
or property. The order shall permit the owner a reasonable time in
which to perform the needed repairs, maintenance, investigations, or
other remedial measures, and the cost thereof shall be borne by the
owner. All orders of the chief are subject to appeal as provided in
Chapter 119. of the Revised Code.

(E)
The owner of a dam or levee shall monitor, maintain, and operate the
structure and its appurtenances safely in accordance with state
rules, terms and conditions of permits, orders, and other
requirements issued pursuant to this section or section 1521.06 of
the Revised Code. The owner shall fully and promptly notify the
division of water resources and other responsible authorities of any
condition that threatens the safety of the structure and shall take
all necessary actions to safeguard life, health, and property.

(F)
Before commencing the repair, improvement, alteration, or removal of
a dam or levee, the owner shall file an application including plans,
specifications, and other required information with the division and
shall secure written approval of the application by the chief.
Emergency actions by the owner required to safeguard life, health, or
property are exempt from this requirement. The chief may, by rule,
define maintenance, repairs, or other remedial measures of a routine
nature that are exempt from this requirement.

(G)
The chief may remove or correct, at the expense of the owner, any
unsafe structures found to be constructed or maintained in violation
of this section or section 1521.06 of the Revised Code. In the case
of an owner other than a governmental agency, the cost of removal or
correction of any unsafe structure, together with a description of
the property on which the unsafe structure is located, shall be
certified by the chief to the county auditor and placed by the county
auditor upon the tax duplicate. This cost is a lien upon the lands
from the date of entry and shall be collected as other taxes and
returned to the division. In the case of an owner that is a
governmental agency, the cost of removal or correction of any unsafe
structure shall be recoverable from the owner by appropriate action
in a court of competent jurisdiction.

(H)
If the condition of any dam or levee is found, in the judgment of the
chief, to be so dangerous to the safety of life, health, or property
as not to permit time for the issuance and enforcement of an order
relative to repair, maintenance, or operation, the chief shall employ
any of the following remedial means necessary to protect life,
health, and property:

(1)
Lower the water level of the lake or reservoir by releasing water;

(2)
Completely drain the lake or reservoir;

(3)
Take such other measures or actions as the chief considers necessary
to safeguard life, health, and property.

The
chief shall continue in full charge and control of the dam or levee
until the structure is rendered safe. The cost of the remedy shall be
recoverable from the owner of the structure by appropriate action in
a court of competent jurisdiction.

(I)
The chief may accept and expend gifts, bequests, and grants from the
United States government or from any other public or private source
and may contract with the United States government or any other
agency or entity for the purpose of carrying out the dam safety
functions set forth in this section and section 1521.06 of the
Revised Code.

(J)
In accordance with Chapter 119. of the Revised Code, the chief may
adopt, and may amend or rescind, rules that do all of the following:

(1)
Designate classes of dams for which dam owners must obtain the
services of a registered professional engineer to periodically
inspect the dams and to prepare reports of the inspections for
submittal to the chief;

(2)
Establish standards in accordance with which the chief must approve
or disapprove registered professional engineers to inspect dams
together with procedures governing the approval process;

(3)
Establish schedules, standards, and procedures governing periodic
inspections and standards and procedures governing the preparation
and submittal of inspection reports
;

(4)
Establish provisions regarding the enforcement of this section and
rules adopted under it
.

(K)
The owner of a dam or levee shall notify the chief in writing of a
change in ownership of the dam or levee prior to the exchange of the
property.

Sec.
1521.063.
(A)
Except for the federal government, the owner of a dam, that is
classified as a class I, class II, or class III dam under rules
adopted under section 1521.06 of the Revised Code and subject to
section 1521.062 of the Revised Code shall pay an annual fee in
accordance with the annual fee schedule established in rules adopted
under division (B) of this section. The fee shall be paid to the
division of water resources on or before the thirtieth day of June of
each year.

All
fees collected under this section shall be deposited in the dam
safety fund created in section 1521.06 of the Revised Code. Any owner
who fails to pay any annual fee required by this section within sixty
days after the due date shall be assessed a penalty of ten per cent
of the annual fee plus interest at the rate of one-half per cent per
month from the due date until the date of payment.

There
is hereby created the compliant dam discount program to be
administered by the chief of the division of water resources. Under
the program, the chief may reduce the amount of the annual fee that
an owner of a dam is required to pay in accordance with rules adopted
by the chief under division (B) of this section if the owner is in
compliance with section 1521.062 of the Revised Code and has
developed an emergency action plan

pursuant to standards established in rules adopted under this
section
.
The chief shall not discount an annual fee by more than twenty-five
per cent of the total annual fee that is due. In addition, the chief
shall not discount the annual fee that is due from the owner of a dam
who has been assessed a penalty under this section.

(B)(1)

The
chief shall, in accordance with Chapter 119. of the Revised Code and
subject to the prior approval of the director of natural resources,
adopt, and may amend or rescind, rules for the collection of fees and
the administration, implementation, and enforcement of this section.

(2)

The
chief shall, in accordance with Chapter 119. of the Revised Code,
adopt rules for the establishment of an annual fee schedule for
purposes of this section.

(3)
(2)

The annual fee schedule must be based on the height of the dam, the
linear foot length of the dam, and the per-acre foot of volume of
water impounded by the dam. For purposes of this section, the height
of a dam is the vertical height, to the nearest foot, as determined
by the division under section 1521.062 of the Revised Code.

(C)
No person, political subdivision, or state governmental agency shall
violate or fail to comply with this section or any rule or order
adopted or issued under it.

(D)
As used in this section, "political subdivision" includes
townships, municipal corporations, counties, school districts,
municipal universities, park districts, sanitary districts, and
conservancy districts and subdivisions thereof.

Sec.
1521.13.
(A)
Development in one-hundred-year floodplain areas shall be protected
to at least the one-hundred-year flood level, and flood water
conveyance shall be maintained, at a minimum, in accordance with
standards established under the national flood insurance program.
This division does not preclude a state agency or political
subdivision from establishing flood protection standards that are
more restrictive than this division.

(B)
Prior to the expenditure of money for or the construction of
buildings, structures, roads, bridges, or other facilities in
locations that may be subject to flooding or flood damage, all state
agencies and political subdivisions shall notify and consult with the
division of water resources and shall furnish information that the
division reasonably requires in order to avoid the uneconomic,
hazardous, or unnecessary use of floodplains in connection with such
facilities.

(C)
The chief of the division of water resources shall do all of the
following:

(1)
Coordinate the floodplain management activities of state agencies and
political subdivisions with the floodplain management activities of
the United States, including the national flood insurance program;

(2)
Collect, prepare, and maintain technical data and information on
floods and floodplain management and make the data and information
available to the public, state agencies, political subdivisions, and
agencies of the United States;

(3)
Cooperate and enter into agreements with persons for the preparation
of studies and reports on floods and floodplain management;

(4)
Assist any county, municipal corporation, or state agency in
developing comprehensive floodplain management programs;

(5)
Provide technical assistance to any county, municipal corporation, or
state agency through engineering assistance, data collection,
preparation of model laws, training, and other activities relating to
floodplain management;

(6)
For the purpose of reducing damages and the threat to life, health,
and property in the event of a flood, cooperate with state agencies,
political subdivisions, and the United States in the development of
flood warning systems, evacuation plans, and flood emergency
preparedness plans;

(7)
Upon request, assist the emergency management agency established by
section 5502.22 of the Revised Code in the preparation of flood
hazard mitigation reports required as a condition for receiving
federal disaster aid under the "Disaster Relief Act of 1974,"
88 Stat. 143, 42 U.S.C.A. 5121, as amended, and regulations adopted
under it;

(8)

Adopt,
and may amend or rescind, rules in accordance with Chapter 119. of
the Revised Code for the administration, implementation, and
enforcement of this section and sections 1521.14 and 1521.18 of the
Revised Code;

(9)

Establish,
by rule, technical standards for the delineation and mapping of
floodplains and for the conduct of engineering studies to determine
the vertical and horizontal limits of floodplains and for the
assessment of development impacts on flood heights and flood
conveyance. The standards established in rules adopted under this
division shall be consistent with and no more stringent than the
analogous standards established under the national flood insurance
program.

(10)
(9)

On behalf of the director of natural resources, administer section
1506.04 of the Revised Code.

In
addition to the duties imposed in divisions (C)(1) to
(10)
(9)

of this section, and with respect to existing publicly owned
facilities that have suffered flood damage or that may be subject to
flood damage, the chief may conspicuously mark past and probable
flood heights in order to assist in creating public awareness of and
knowledge about flood hazards.

(D)(1)
Development that is funded, financed, undertaken, or preempted by
state agencies shall comply with division (A) of this section and
with rules adopted under division
(C)(9)
(C)(8)

of this section.

(2)
State agencies shall apply floodproofing measures in order to reduce
potential additional flood damage of existing publicly owned
facilities that have suffered flood damage.

(3)
Before awarding funding or financing or granting a license, permit,
or other authorization for a development that is or is to be located
within a one-hundred-year floodplain, a state agency shall require
the applicant to demonstrate to the satisfaction of the agency that
the development will comply with division (A) of this section, rules
adopted under division
(C)(9)
(C)(8)

of this section, and any applicable local floodplain management
resolution or ordinance.

(4)
Prior to the disbursement of any state disaster assistance money in
connection with any incident of flooding to or within a county or
municipal corporation that is not listed by the chief as being in
compliance under division (D)(1) of section 1521.18 of the Revised
Code, a state agency that has authority to disburse such money shall
require the county or municipal corporation to establish or
reestablish compliance as provided in that division.

(E)(1)
Subject to section 1521.18 of the Revised Code, a county or a
municipal corporation may do all of the following:

(a)
Adopt floodplain maps that reflect the best available data and that
indicate the areas to be regulated under a floodplain management
resolution or ordinance, as applicable;

(b)
Develop and adopt a floodplain management resolution or ordinance, as
applicable;

(c)
Adopt floodplain management standards that exceed the standards that
are established under the national flood insurance program.

(2)
A county or municipal corporation shall examine and apply, where
economically feasible, floodproofing measures in order to reduce
potential additional flood damage of existing publicly owned
facilities that have suffered flood damage.

(3)
A county that adopts a floodplain management resolution shall do so
in accordance with the procedures established in section 307.37 of
the Revised Code. The county may enforce the resolution by issuing
stop work orders, seeking injunctive relief, or pursuing other civil
actions that the county considers necessary to ensure compliance with
the resolution. In addition, failure to comply with the floodplain
management resolution constitutes a violation of division (D) of
section 307.37 of the Revised Code.

(4)
No action challenging the validity of a floodplain management
resolution adopted by a county or a floodplain management ordinance
adopted by a municipal corporation, or an amendment to such a
resolution or ordinance, because of a procedural error in the
adoption of the resolution, ordinance, or amendment shall be brought
more than two years after the adoption of the resolution, ordinance,
or amendment.

Sec.
1521.21.
(A)
The chief of the division of water resources shall adopt, and may
amend or rescind, rules in accordance with Chapter 119. of the
Revised Code for the implementation, administration, and enforcement
of sections 1521.21 to 1521.36 of the Revised Code.

(B)

Sections
1521.21 to 1521.36 of the Revised Code do not affect common law
riparian rights.

Sec.
1531.01.
As
used in this chapter and Chapter 1533. of the Revised Code:

(A)
"Person" means a person as defined in section 1.59 of the
Revised Code or a company; an employee, agent, or officer of such a
person or company; a combination of individuals; the state; a
political subdivision of the state; an interstate body created by a
compact; or the federal government or a department, agency, or
instrumentality of it.

(B)
"Resident" means either of the following:

(1)
An individual who has resided in this state for not less than six
months preceding the date of making application for a license or
permit;

(2)
An individual who is a full-time student enrolled in an accredited
Ohio public or private college or university and who resides in this
state at the time the individual makes application for a license or
permit and who attests to the individual's full-time student status
in a manner determined by the chief of the division of wildlife.

(C)
"Nonresident" means any individual who does not qualify as
a resident.

(D)
"Division rule" or "rule" means any rule adopted
by the chief of the division of wildlife
under
section 1531.10 of the Revised Code
unless
the context indicates otherwise.

(E)
"Closed season" means that period of time during which the
taking of wild animals protected by this chapter and Chapter 1533. of
the Revised Code is prohibited.

(F)
"Open season" means that period of time during which the
taking of wild animals protected by this chapter and Chapter 1533. of
the Revised Code is permitted.

(G)
"Take or taking" includes pursuing, shooting, hunting,
killing, trapping, angling, fishing with a trotline, or netting any
clam, mussel, crayfish, aquatic insect, fish, frog, turtle, wild
bird, or wild quadruped, and any lesser act, such as wounding, or
placing, setting, drawing, or using any other device for killing or
capturing any wild animal, whether it results in killing or capturing
the animal or not. "Take or taking" includes every attempt
to kill or capture and every act of assistance to any other person in
killing or capturing or attempting to kill or capture a wild animal.

(H)
"Possession" means both actual and constructive possession
and any control of things referred to.

(I)
"Bag limit" means the number, measurement, or weight of any
kind of crayfish, aquatic insects, fish, frogs, turtles, wild birds,
and wild quadrupeds permitted to be taken.

(J)
"Transport and transportation" means carrying or moving or
causing to be carried or moved.

(K)
"Sell and sale" means barter, exchange, or offer or expose
for sale.

(L)
"Whole to include part" means that every provision relating
to any wild animal protected by this chapter and Chapter 1533. of the
Revised Code applies to any part of the wild animal with the same
effect as it applies to the whole.

(M)
"Angling" means fishing with not more than two hand lines,
not more than two units of rod and line, or a combination of not more
than one hand line and one rod and line, either in hand or under
control at any time while fishing. The hand line or rod and line
shall have attached to it not more than three baited hooks, not more
than three artificial fly rod lures, or one artificial bait casting
lure equipped with not more than three sets of three hooks each.

(N)
"Trotline" means a device for catching fish that consists
of a line having suspended from it, at frequent intervals, vertical
lines with hooks attached.

(O)
"Fish" means a cold-blooded vertebrate having fins.

(P)
"Measurement of fish" means length from the end of the nose
to the longest tip or end of the tail.

(Q)
"Wild birds" includes game birds and nongame birds.

(R)
"Game" includes game birds, game quadrupeds, and
fur-bearing animals.

(S)
"Game birds" includes mourning doves, ringneck pheasants,
bobwhite quail, ruffed grouse, sharp-tailed grouse, pinnated grouse,
wild turkey, Hungarian partridge, Chukar partridge, woodcocks,
black-breasted plover, golden plover, Wilson's snipe or jacksnipe,
greater and lesser yellowlegs, rail, coots, gallinules, duck, geese,
brant, and crows.

(T)
"Nongame birds" includes all other wild birds not included
and defined as game birds or migratory game birds.

(U)
"Wild quadrupeds" includes game quadrupeds, fur-bearing
animals, and wild boar or feral swine.

(V)
"Game quadrupeds" includes cottontail rabbits, gray
squirrels, black squirrels, fox squirrels, red squirrels, flying
squirrels, chipmunks, groundhogs or woodchucks, white-tailed deer,
elk, and black bears.

(W)
"Fur-bearing animals" includes minks, weasels, raccoons,
skunks, opossums, muskrats, fox, beavers, badgers, otters, coyotes,
and bobcats.

(X)
"Wild animals" includes mollusks, crustaceans, aquatic
insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and
all other wild mammals, but does not include domestic deer.

(Y)
"Hunting" means pursuing, shooting, killing, following
after or on the trail of, lying in wait for, shooting at, or wounding
wild birds or wild quadrupeds while employing any device commonly
used to kill or wound wild birds or wild quadrupeds whether or not
the acts result in killing or wounding. "Hunting" includes
every attempt to kill or wound and every act of assistance to any
other person in killing or wounding or attempting to kill or wound
wild birds or wild quadrupeds.

(Z)
"Trapping" means securing or attempting to secure
possession of a wild bird or wild quadruped by means of setting,
placing, drawing, or using any device that is designed to close upon,
hold fast, confine, or otherwise capture a wild bird or wild
quadruped whether or not the means results in capture. "Trapping"
includes every act of assistance to any other person in capturing
wild birds or wild quadrupeds by means of the device whether or not
the means results in capture.

(AA)
"Muskrat spear" means any device used in spearing muskrats.

(BB)
"Channels and passages" means those narrow bodies of water
lying between islands or between an island and the mainland in Lake
Erie.

(CC)
"Island" means a rock or land elevation above the waters of
Lake Erie having an area of five or more acres above water.

(DD)
"Reef" means an elevation of rock, either broken or in
place, or gravel shown by the latest United States chart to be above
the common level of the surrounding bottom of the lake, other than
the rock bottom, or in place forming the base or foundation rock of
an island or mainland and sloping from the shore of it. "Reef"
also means all elevations shown by that chart to be above the common
level of the sloping base or foundation rock of an island or
mainland, whether running from the shore of an island or parallel
with the contour of the shore of an island or in any other way and
whether formed by rock, broken or in place, or from gravel.

(EE)
"Fur farm" means any area used exclusively for raising
fur-bearing animals or in addition thereto used for hunting game, the
boundaries of which are plainly marked as such.

(FF)
"Waters" includes any lake, pond, reservoir, stream,
channel, lagoon, or other body of water, or any part thereof, whether
natural or artificial.

(GG)
"Crib" or "car" refers to that particular
compartment of the net from which the fish are taken when the net is
lifted.

(HH)
"Commercial fish" means those species of fish permitted to
be taken, possessed, bought, or sold unless otherwise restricted by
the Revised Code or division rule and are alewife (Alosa
pseudoharengus), American eel (Anguilla rostrata), bowfin (Amia
calva), burbot (Lota lota), carp (Cyprinus carpio), smallmouth
buffalo (Ictiobus bubalus), bigmouth buffalo (Ictiobus cyprinellus),
black bullhead (Ictalurus melas), yellow bullhead (Ictalurus
natalis), brown bullhead (Ictalurus nebulosus), channel catfish
(Ictalurus punctatus), flathead catfish (Pylodictis olivaris),
whitefish (Coregonus sp.), cisco (Coregonus sp.), freshwater drum or
sheepshead (Aplodinotus grunniens), gar (Lepisosteus sp.), gizzard
shad (Dorosoma cepedianum), goldfish (Carassius auratus), lake trout
(Salvelinus namaycush), mooneye (Hiodon tergisus), quillback
(Carpiodes cyprinus), smelt (Allosmerus elongatus, Hypomesus sp.,
Osmerus sp., Spirinchus sp.), sturgeon (Acipenser sp., Scaphirhynchus
sp.), sucker other than buffalo and quillback (Carpiodes sp.,
Catostomus sp., Hypentelium sp., Minytrema sp., Moxostoma sp.), white
bass (Morone chrysops), white perch (Roccus americanus), and yellow
perch (Perca flavescens). When the common name of a fish is used in
this chapter or Chapter 1533. of the Revised Code, it refers to the
fish designated by the scientific name in this definition.

(II)
"Fishing" means taking or attempting to take fish by any
method, and all other acts such as placing, setting, drawing, or
using any device commonly used to take fish whether resulting in a
taking or not.

(JJ)
"Fillet" means the pieces of flesh taken or cut from both
sides of a fish, joined to form one piece of flesh.

(KK)
"Part fillet" means a piece of flesh taken or cut from one
side of a fish.

(LL)
"Round" when used in describing fish means with head and
tail intact.

(MM)
"Migrate" means the transit or movement of fish to or from
one place to another as a result of natural forces or instinct and
includes, but is not limited to, movement of fish induced or caused
by changes in the water flow.

(NN)
"Spreader bar" means a brail or rigid bar placed across the
entire width of the back, at the top and bottom of the cars in all
trap, crib, and fyke nets for the purpose of keeping the meshes
hanging squarely while the nets are fishing.

(OO)
"Fishing guide" means any person who, for consideration or
hire, operates a boat, rents, leases, or otherwise furnishes angling
devices, ice fishing shanties or shelters of any kind, or other
fishing equipment, and accompanies, guides, directs, or assists any
other person in order for the other person to engage in fishing.

(PP)
"Net" means fishing devices with meshes composed of twine
or synthetic material and includes, but is not limited to, trap nets,
fyke nets, crib nets, carp aprons, dip nets, and seines, except
minnow seines and minnow dip nets.

(QQ)
"Commercial fishing gear" means seines, trap nets, fyke
nets, dip nets, carp aprons, trotlines, other similar gear, and any
boat used in conjunction with that gear, but does not include gill
nets.

(RR)
"Native wildlife" means any species of the animal kingdom
indigenous to this state.

(SS)
"Gill net" means a single section of fabric or netting
seamed to a float line at the top and a lead line at the bottom,
which is designed to entangle fish in the net openings as they swim
into it.

(TT)
"Tag fishing tournament" means a contest in which a
participant pays a fee, or gives other valuable consideration, for a
chance to win a prize by virtue of catching a tagged or otherwise
specifically marked fish within a limited period of time.

(UU)
"Tenant" means an individual who resides on land for which
the individual pays rent and whose annual income is primarily derived
from agricultural production conducted on that land, as "agricultural
production" is defined in section 929.01 of the Revised Code.

(VV)
"Nonnative wildlife" means any wild animal not indigenous
to this state, but does not include domestic deer.

(WW)
"Reptiles" includes common musk turtle (sternotherus
odoratus), common snapping turtle (Chelydra serpentina serpentina),
spotted turtle (Clemmys guttata), eastern box turtle (Terrapene
carolina carolina), Blanding's turtle (Emydoidea blandingii), common
map turtle (Graptemys geographica), ouachita map turtle (Graptemys
pseudogeographica ouachitensis), midland painted turtle (Chrysemys
picta marginata), red-eared slider (Trachemys scripta elegans),
eastern spiny softshell turtle (Apalone spinifera spinifera), midland
smooth softshell turtle (Apalone mutica mutica), northern fence
lizard (Sceloporus undulatus hyacinthinus), ground skink (Scincella
lateralis), five-lined skink (Eumeces fasciatus), broadhead skink
(Eumeces laticeps), northern coal skink (Eumeces anthracinus
anthracinus), European wall lizard (Podarcis muralis), queen snake
(Regina septemvittata), Kirtland's snake (Clonophis kirtlandii),
northern water snake (Nerodia sipedon sipedon), Lake Erie watersnake
(Nerodia sipedon insularum), copperbelly water snake (Nerodia
erythrogaster neglecta), northern brown snake (Storeria dekayi
dekayi), midland brown snake (Storeria dekayi wrightorum), northern
redbelly snake (Storeria occipitomaculata occipitomaculata), eastern
garter snake (Thamnophis sirtalis sirtalis), eastern plains garter
snake (Thamnophis radix radix), Butler's garter snake (Thamnophis
butleri), shorthead garter snake (Thamnophis brachystoma), eastern
ribbon snake (Thamnophis sauritus sauritus), northern ribbon snake
(Thamnophis sauritus septentrionalis), eastern hognose snake
(Heterodon platirhinos), eastern smooth earth snake (Virginia
valeriae valeriae), northern ringneck snake (Diadophis punctatus
edwardsii), midwest worm snake (Carphophis amoenus helenae), eastern
worm snake (Carphophis amoenus amoenus), black racer (Coluber
constrictor constrictor), blue racer (Coluber constrictor foxii),
rough green snake (opheodrys aestivus), smooth green snake (opheodrys
vernalis vernalis), black rat snake (Elaphe obsoleta obsoleta),
eastern fox snake (Elaphe vulpina gloydi), black kingsnake
(Lampropeltis getula nigra), eastern milk snake (Lampropeltis
triangulum triangulum), northern copperhead (Agkistrodon contortrix
mokasen), eastern massasauga (Sistrurus catenatus catenatus), and
timber rattlesnake (Crotalus horridus horridus).

(XX)
"Amphibians" includes eastern hellbender (Crytpobranchus
alleganiensis alleganiensis), mudpuppy (Necturus maculosus
maculosus), red-spotted newt (Notophthalmus viridescens viridescens),
Jefferson salamander (Ambystoma jeffersonianum), spotted salamander
(Ambystoma maculatum), blue-spotted salamander (Ambystoma laterale),
smallmouth salamander (Ambystoma texanum), streamside salamander
(Ambystoma barbouri), marbled salamander (Ambystoma opacum), eastern
tiger salamander (Ambystoma tigrinum tigrinum), northern dusky
salamander (Desmognathus fuscus fuscus), mountain dusky salamander
(Desmognathus ochrophaeus), redback salamander (Plethodon cinereus),
ravine salamander (Plethodon richmondi), northern slimy salamander
(Plethodon glutinosus), Wehrle's salamander (Plethodon wehrlei),
four-toed salamander (Hemidactylium scutatum), Kentucky spring
salamander (Gyrinophilus porphyriticus duryi), northern spring
salamander (Gyrinophilus porphyriticus porphyriticus), mud salamander
(Pseudotriton montanus), northern red salamander (Pseudotriton ruber
ruber), green salamander (Aneides aeneus), northern two-lined
salamander (Eurycea bislineata), longtail salamander (Eurycea
longicauda longicauda), cave salamander (Eurycea lucifuga), southern
two-lined salamander (Eurycea cirrigera), Fowler's toad (Bufo
woodhousii fowleri), American toad (Bufo americanus), eastern
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog (Acris
crepitans blanchardi), northern spring peeper (Pseudacris crucifer
crucifer), gray treefrog (Hyla versicolor), Cope's gray treefrog
(Hyla chrysoscelis), western chorus frog (Pseudacris triseriata
triseriata), mountain chorus frog (Pseudacris brachyphona), bullfrog
(Rana catesbeiana), green frog (Rana clamitans melanota), northern
leopard frog (Rana pipiens), pickerel frog (Rana palustris), southern
leopard frog (Rana utricularia), and wood frog (Rana sylvatica).

(YY)
"Deer" means white-tailed deer (Oddocoileus virginianus).

(ZZ)
"Domestic deer" means nonnative deer that have been legally
acquired or their offspring and that are held in private ownership
for primarily agricultural purposes.

(AAA)
"Migratory game bird" includes waterfowl (Anatidae); doves
(Columbidae); cranes (Gruidae); cormorants (Phalacrocoracidea);
rails, coots, and gallinules (Rallidae); and woodcock and snipe
(Scolopacidae).

(BBB)
"Accompany" means to go along with another person while
staying within a distance from the person that enables uninterrupted,
unaided visual and auditory communication.

(CCC)
"All-purpose vehicle" means any vehicle that is designed
primarily for cross-country travel on land, water, or land and water
and that is steered by wheels, caterpillar treads, or a combination
of wheels and caterpillar treads and includes vehicles that operate
on a cushion of air, vehicles commonly known as all-terrain vehicles,
all-season vehicles, mini-bikes, and trail bikes.

(DDD)
"Wholly enclosed preserve" means an area of land that is
surrounded by a fence that is at least six feet in height, unless
otherwise specified in division rule, and is constructed of a woven
wire mesh, or another enclosure that the division of wildlife may
approve, where game birds, game quadrupeds, reptiles, amphibians, or
fur-bearing animals are raised and may be sold under the authority of
a commercial propagating license or captive white-tailed deer
propagation license obtained under section 1533.71 of the Revised
Code.

(EEE)
"Commercial bird shooting preserve" means an area of land
where game birds are released and hunted by shooting as authorized by
a commercial bird shooting preserve license obtained under section
1533.72 of the Revised Code.

(FFF)
"Wild animal hunting preserve" means an area of land where
game, captive white-tailed deer, and nonnative wildlife, other than
game birds, are released and hunted as authorized by a wild animal
hunting preserve license obtained under section 1533.721 of the
Revised Code.

(GGG)
"Captive white-tailed deer" means legally acquired deer
that are held in private ownership at a facility licensed under
section 943.03 or 943.031 of the Revised Code and under section
1533.71 or 1533.721 of the Revised Code.

(HHH)
"Wild boar" or "feral swine" means a hog, boar,
or pig that appears to be untamed, undomesticated, or in a wild
state. "Wild boar" or "feral swine" includes both
of the following:

(1)
Except for Sus scrofa domesticus that is legally confined or held in
captivity, members of the family suidae, including all of the
following:

(a)
Wild pig, wild hog, feral hog, and feral pig;

(b)
Old world swine, razorbacks, European wild boar, and Russian wild
boar, and any hybrids or crossbreeds thereof;

(c)
Wild pig, wild hog, feral hog, or feral pig that appear contained in
a wild animal hunting preserve licensed under section 1533.721 of the
Revised Code or a wholly enclosed preserve for hunting or trapping.

(2)
Members of the family tayassuidae, including collared peccary and
javelina, and any hybrids or crossbreeds of members of the family
tayassuidae.

Sec.
1531.06.
(A)
The chief of the division of wildlife, with the approval of the
director of natural resources, may acquire by gift, lease, purchase,
or otherwise lands or surface rights upon lands and waters or surface
rights upon waters for wild animals, fish or game management,
preservation, propagation, and protection, outdoor and nature
activities, public fishing and hunting grounds, and flora and fauna
preservation. The chief, with the approval of the director, may
receive by grant, devise, bequest, donation, or assignment evidences
of indebtedness, the proceeds of which are to be used for the
purchase of such lands or surface rights upon lands and waters or
surface rights upon waters.

(B)(1)
The chief shall adopt rules for the protection of state-owned or
leased lands and waters and property under the control of the
division of wildlife against wrongful use or occupancy that will
ensure the carrying out of the intent of this section, protect those
lands, waters, and property from depredations, and preserve them from
molestation, spoilation, destruction, or any improper use or
occupancy thereof, including rules with respect to recreational
activities and for the government and use of such lands, waters, and
property.

(2)
The chief may adopt rules benefiting wild animals, fish or game
management, preservation, propagation, and protection, outdoor and
nature activities, public fishing and hunting grounds, and flora and
fauna preservation, and regulating the taking and possession of wild
animals on any lands or waters owned or leased or under the
division's supervision and control and, for a specified period of
years, may prohibit or recall the taking and possession of any wild
animal on any portion of such lands or waters. The division clearly
shall define and mark the boundaries of the lands and waters owned or
leased or under its supervision and control upon which the taking of
any wild animal is prohibited.

(C)
The chief, with the approval of the director, may acquire by gift,
lease, or purchase land for the purpose of establishing state fish
hatcheries and game farms and may erect on it buildings or structures
that are necessary.

The
title to or lease of such lands and waters shall be taken by the
chief in the name of the state. The lease or purchase price of all
such lands and waters may be paid from hunting and trapping and
fishing licenses and any other funds.

(D)
To provide more public recreation, stream and lake agreements for
public fishing only may be obtained under rules adopted by the chief.

(E)
The chief, with the approval of the director, may establish user fees
for the use of special public facilities or participation in special
activities on lands and waters administered by the division. The
special facilities and activities may include hunting or fishing on
special designated public lands and waters intensively managed or
stocked with artificially propagated game birds or fish, field trial
facilities, wildlife nature centers, firearm ranges, boat mooring
facilities, camping sites, and other similar special facilities and
activities. The chief shall determine whether the user fees are
refundable and shall ensure that that information is provided at the
time the user fees are paid.

(F)
The chief, with the approval of the director, may enter into lease
agreements for rental of concessions or other special projects
situated on state-owned or leased lands or waters or other property
under the division's control. The chief shall set and collect the
fees for concession rentals or other special projects; regulate
through contracts between the division and concessionaires the sale
of tangible objects at concessions or other special projects; and
keep a record of all such fee payments showing the amount received,
from whom received, and for what purpose the fee was collected.

(G)
The chief may sell or donate conservation-related items or items that
promote wildlife conservation, including, but not limited to, stamps,
pins, badges, books, bulletins, maps, publications, calendars, and
any other educational article or artifact pertaining to wild animals;
sell confiscated or forfeited items; and sell surplus structures and
equipment, and timber or crops from lands owned, administered,
leased, or controlled by the division. The chief, with the approval
of the director, also may engage in campaigns and special events that
promote wildlife conservation by selling or donating wildlife-related
materials, memberships, and other items of promotional value.

(H)
The chief may sell, lease, or transfer minerals or mineral rights,
with the approval of the director, when the chief and the director
determine it to be in the best interest of the state. Upon approval
of the director, the chief may make, execute, and deliver contracts,
including leases, to mine, drill, or excavate iron ore, stone, coal,
salt, and other minerals, other than oil or gas, upon and under lands
owned by the state and administered by the division to any person who
complies with the terms of such a contract. No such contract shall be
valid for more than fifty years from its effective date.
Consideration for minerals and mineral rights shall be by rental or
royalty basis as prescribed by the chief and payable as prescribed by
contract. Moneys collected under this division shall be paid into the
state treasury to the credit of the wildlife habitat fund created in
section 1531.33 of the Revised Code. Contracts entered into under
this division also may provide for consideration for minerals or
mineral rights in the form of acquisition of lands as provided under
divisions (A) and (C) of this section.

(I)
All moneys received under divisions (E), (F), and (G) of this section
shall be paid into the state treasury to the credit of a fund that
shall be used for the purposes outlined in section 1533.15 of the
Revised Code and for the management of other wild animals for their
ecological and nonconsumptive recreational value or benefit.

(J)
The chief, with the approval of the director, may barter or sell wild
animals to other states, state or federal agencies, and conservation
or zoological organizations. Moneys received from the sale of wild
animals shall be deposited into the wildlife fund created in section
1531.17 of the Revised Code.

(K)
The chief shall adopt rules establishing standards and guidelines for
the administration of contraceptive chemicals to noncaptive wild
animals. The rules may specify chemical delivery methods and devices
and monitoring requirements.

The
chief shall establish criteria for the issuance of and shall issue
permits for the administration of contraceptive chemicals to
noncaptive wild animals. No person shall administer contraceptive
chemicals to noncaptive wild animals without a permit issued by the
chief.

(L)
All fees set by the chief under this section shall be approved by the
wildlife council.

(M)
Information contained in the wildlife diversity database that is
established pursuant to division (B)(2) of this section and section
1531.25 of the Revised Code may be made available to any individual
or public or private agency for research, educational, environmental,
land management, or other similar purposes that are not detrimental
to the conservation of a species or feature. Information regarding
sensitive site locations of species that are listed pursuant to
section 1531.25 of the Revised Code and of features that are included
in the wildlife diversity database is not subject to section 149.43
of the Revised Code if the chief determines that the release of the
information could be detrimental to the conservation of a species or
feature.

(N)
Not later than

one year after the effective date of this amendment

September 29, 2018
,
the chief shall establish
and
adopt rules in accordance with Chapter 119. of the Revised Code
related to
both
of the following:

(1)
A risk assessment policy for aquatic species that provides for both
of the following:

(a)
An evaluation of the overall risk of a species based on the best
available biological information derived from professionally accepted
science and practices in fisheries or aquatic invasive species
management;

(b)
A determination of whether a species shall be listed as an injurious
aquatic invasive species.

(2)
A definition of injurious invasive aquatic species.

The
chief shall adopt rules in accordance with section 1531.10 of the
Revised Code necessary to administer division (N) of this section.

Sec.
1531.08.
In
conformity with Section 36 of Article II, Ohio Constitution,
providing for the passage of laws for the conservation of the natural
resources of the state, including streams, lakes, submerged lands,
and swamplands, and in conformity with this chapter and Chapter 1533.
of the Revised Code, the chief of the division of wildlife has
authority and control in all matters pertaining to the protection,
preservation, propagation, possession, and management of wild animals

and may adopt rules under section 1531.10 of the Revised Code for the
management of wild animals. Notwithstanding division (B) of section
119.03 of the Revised Code, such rules in proposed form shall be
filed under this section. Each year there shall be a public fish
hearing and public game hearing. The results of the investigation and
public hearing shall be filed in the office of the chief and shall be
kept open for public inspection during all regular office hours.
Modifying or rescinding such rules does not require a public hearing.

The
chief may adopt, amend, rescind, and enforce rules throughout the
state or in any part or waters thereof as provided by sections
1531.08 to 1531.12 and other sections of the Revised Code. The rules
shall be filed in proposed form and available at the central wildlife
office and at each of the wildlife district offices, including the
Lake Erie unit located at Sandusky, at least thirty days prior to the
date of the hearing required by division (D) of section 119.03 of the
Revised Code. The rules shall be based upon a public hearing and
investigation of the best available biological information derived
from professionally accepted practices in wildlife and fisheries
management.

Each
rule adopted under this section shall clearly and distinctly describe
and set forth the waters or area or part thereof affected by the rule
and whether the rule is applicable to all wild animals or only to
certain kinds of species designated therein
.

The
chief may
regulate

adopt
rules in accordance with Chapter 119. of the Revised Code related to

any
of the following:

(A)
Taking and possessing wild animals, at any time and place or in any
number, quantity, or length, and in any manner, and with such devices
as the chief prescribes;

(B)
Transportation of such animals or any part thereof;

(C)
Buying, selling, offering for sale, or exposing for sale any such
animal or part thereof;

(D)
Taking, possessing, transporting, buying, selling, offering for sale,
and exposing for sale commercial fish or any part thereof, including
species taken, length, weight, method of taking, mesh sizes,
specifications of nets and other fishing devices, seasons, and time
and place of taking.

When
the chief increases the size of a fish named in section 1533.63 of
the Revised Code, any fish that were legally taken, caught, or
possessed prior to the increase may be possessed after the increase
if the possession of the fish has been reported to the chief prior to
the increase, but on or after the date of the increase the fish may
not be sold to a buyer in this state.

Sec.
1531.101.
In
addition to any other authority conferred on the chief of the
division of wildlife, the
The

chief

of
the division of wildlife
may
adopt rules under section 111.15 of the Revised Code that are
necessary to establish acceptable methods of taking migratory game
birds together with bag limits and designated seasons, areas, and
hours for hunting them.

Sec.
1531.40.
(A)
As used in this section:

(1)
"Nuisance wild animal" means a wild animal that interferes
with the use or enjoyment of property, is causing a threat to public
safety, or may cause damage or harm to a structure, property, or
person.

(2)
"Commercial nuisance wild animal control operator" means an
individual or business that provides nuisance wild animal removal or
control services for hire to the owner, the operator, or the owner's
or operator's authorized agent of property or a structure.

(B)(1)
No person shall provide nuisance wild animal removal or control
services for hire without obtaining a license under this section from
the chief of the division of wildlife.

(2)
An applicant shall pay a license fee of forty dollars for the
license. The license shall be renewed annually prior to the first day
of March and shall expire on the last day of February. All money
collected under this division shall be deposited in the state
treasury to the credit of the wildlife fund created in section
1531.17 of the Revised Code.

(3)
An individual who is providing nuisance wild animal removal or
control services for hire under a license issued under this section
is exempt from obtaining a hunting license under section 1533.10 of
the Revised Code, a fur taker permit under section 1533.111 of the
Revised Code, or a fishing license under section 1533.32 of the
Revised Code for the purposes of performing those services.

(4)
An individual who is employed by the state, a county, or a municipal
corporation and who performs nuisance wild animal removal or control
services on land that is owned by the state, county, or municipal
corporation, as applicable, as part of the individual's employment is
exempt from obtaining a license under this section.

(C)(1)
Unless otherwise specified by division rule, a commercial nuisance
wild animal control operator and any individual who is employed by an
operator that is engaged in activities that are part of or related to
the removal or control of nuisance wild animals, including setting or
maintaining traps, shall obtain a certification of completion of a
course of instruction that complies with rules adopted under division
(F) of this section. A certification shall be renewed every three
years.

(2)
Except as provided in division (H) of this section, an individual who
provides nuisance wild animal removal or control services under a
license issued under this section shall comply with division (C)(1)
of this section.

(D)
An operator that holds a license issued under this section is
responsible for the acts of each of the operator's employees in the
removal or control of a nuisance wild animal.

(E)
If an individual who is licensed under this section uses a pesticide
in the removal or control of a nuisance wild animal, the individual
shall obtain the appropriate license under Chapter 921. of the
Revised Code.

(F)
Except as provided in division (H) of this section, the chief shall
adopt rules
under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code establishing all of the following:

(1)
Appropriate methods for trapping, capturing, removing, relocating,
and controlling nuisance wild animals by operators licensed under
this section;

(2)
Procedures for issuing, denying, suspending, and revoking a license
under this section;

(3)
Requirements governing the certification course required by division
(C)(1) of this section. The rules shall specify the minimum contents
of such a course, including public safety and health, animal life
history, the use of nuisance wild animal removal and control devices,
and the laws and rules governing those activities. The rules also
shall specify who may conduct such a course. The rules shall require
that, in order for an operator to receive a certification of
completion, the operator shall pass an examination.

(4)
Any other requirements and procedures necessary to administer and
enforce this section.

Rules
shall be adopted under division (F) of this section only with the
approval of the director of natural resources.

(G)
In accordance with Chapter 119. of the Revised Code and with rules
adopted under this section, the chief may suspend or revoke a license
issued under this section if the chief finds that the holder of the
license is violating or has violated this chapter, Chapter 1533. of
the Revised Code, or rules adopted under those chapters.

(H)
The chief shall issue a license to provide nuisance wild animal
removal or control services in accordance with Chapter 4796. of the
Revised Code to an applicant if either of the following applies:

(1)
The applicant holds a license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as an individual who provides nuisance wild animal removal or
control services in a state that does not issue that license.

Sec.
1533.081.
(A)
As used in this section:

(1)
"Energy" has the same meaning as in section 1551.01 of the
Revised Code.

(2)
"Energy facility" means a facility at which energy is
produced.

(B)
A person operating an energy facility whose operation may result in
the incidental taking of a wild animal shall obtain a permit to do so
from the chief of the division of wildlife under this section.
The
chief shall adopt rules under section 1531.10 of the Revised Code
that are necessary to administer this section.

Sec.
1533.102.
The
chief of the division of wildlife may adopt rules
under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code that the chief considers to be necessary to
administer the issuance of apprentice hunting licenses and apprentice
fur taker permits under sections 1533.10 and 1533.111 of the Revised
Code, respectively, and their use, except that the rules shall not
establish fee amounts for those licenses and permits that differ from
the fee amounts established in those sections, as applicable.

Unless
otherwise provided by division rule, an apprentice license or permit
is valid beginning on the first day of March and ending at midnight
on the last day of February of the following year.

Any
type of apprentice hunting license authorizes the holder of such a
license to hunt only while accompanied by another person who is
twenty-one years of age or older and who possesses a valid hunting
license. Any type of apprentice fur taker permit authorizes the
holder of such a permit to hunt or trap fur-bearing animals only
while accompanied by another person who is twenty-one years of age or
older and who possesses a valid fur taker permit. No holder of a
valid hunting license or fur taker permit shall accompany more than
two holders of any type of apprentice hunting license or apprentice
fur taker permit at one time.

Sec.
1533.103.
The
chief of the division of wildlife shall adopt rules
under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code that are necessary to administer the issuance of
permits for the use of all-purpose vehicles or motor vehicles by
persons with mobility impairments to hunt wild quadrupeds or game
birds in public and private areas. The rules shall establish
eligibility requirements, an application procedure, the duration of a
permit,
and

identification
and designation of public and private areas in which all-purpose
vehicles or motor vehicles may be used by permit holders
,
and any other procedures and requirements governing the permits that
the chief determines are necessary
.
The chief shall not charge a fee for the issuance of a permit under
this section.

Sec.
1533.11.
(A)(1)
Except as provided in this section or section 1533.731 of the Revised
Code, no person shall hunt deer on lands of another without first
obtaining an annual deer permit. Except as provided in this section,
no person shall hunt wild turkeys on lands of another without first
obtaining an annual wild turkey permit. A deer or wild turkey permit
is valid during the hunting license year in which the permit is
purchased. Except as provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a deer or
wild turkey permit shall pay an annual fee for each permit in
accordance with the following schedule:

1

2

A

Deer
permit – resident

$30.00

B

Deer
permit – nonresident

$210.00

C

Youth
deer permit – resident and nonresident

$15.00

D

Senior
deer permit – resident

$11.00

E

Wild
turkey permit – resident

$30.00

F

Wild
turkey permit – nonresident

$37.00

G

Youth
wild turkey permit – resident and nonresident

$15.00

H

Senior
wild turkey permit – resident

$11.00

(2)
As used in division (A)(1) of this section:

(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a permit.

(b)
"Senior" means an applicant who is sixty-five years of age
or older at the time of application for a permit.

(3)
The money received shall be paid into the state treasury to the
credit of the wildlife fund, created in section 1531.17 of the
Revised Code, exclusively for the use of the division of wildlife in
the acquisition and development of land for deer or wild turkey
management, for investigating deer or wild turkey problems, and for
the stocking, management, and protection of deer or wild turkey.

(4)
Every person, while hunting deer or wild turkey on lands of another,
shall carry the person's deer or wild turkey permit and exhibit it to
any enforcement officer so requesting. Failure to so carry and
exhibit such a permit constitutes an offense under this section.

(5)

The chief of the division of wildlife shall adopt any additional
rules the chief considers necessary to carry out this section and
section 1533.10 of the Revised Code.

(6)

An owner who is a resident of this state or an owner who is exempt
from obtaining a hunting license under section 1533.10 of the Revised
Code and the spouse, parents, children of any age, and grandchildren
under eighteen years of age of the owner of lands in this state may
hunt deer or wild turkey thereon without a deer or wild turkey
permit. If the owner of land in this state is a limited liability
company or a limited liability partnership that consists of three or
fewer individual members or partners, as applicable, an individual
member or partner who is a resident of this state and the member's or
partner's parents, children of any age, and grandchildren under
eighteen years of age may hunt deer or wild turkey on the land owned
by the limited liability company or limited liability partnership
without a deer or wild turkey permit. In addition, if the owner of
land in this state is a trust that has a total of three or fewer
trustees and beneficiaries, an individual who is a trustee or
beneficiary and who is a resident of this state and the individual's
parents, children of any age, and grandchildren under eighteen years
of age may hunt deer or wild turkey on the land owned by the trust
without a deer or wild turkey permit. The tenant and children of the
tenant may hunt deer or wild turkey on lands where they reside
without a deer or wild turkey permit.

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

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

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

Sec.
1533.111.
(A)
Except as provided in this section or division (A)(2) of section
1533.12 of the Revised Code, no person shall hunt or trap fur-bearing
animals on land of another without first obtaining some type of an
annual fur taker permit.

(B)(1)
Except as otherwise provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a fur taker
permit or an apprentice fur taker permit shall pay an annual fee for
each annual permit in accordance with the following schedule:

1

2

A

Fur
taker permit

$14.00

B

Apprentice
fur taker permit

$14.00

C

Senior
fur taker permit – resident only

$7.00

D

Apprentice
senior fur taker permit – resident only

$7.00

E

Special
youth fur taker permit

$7.00

F

Apprentice
youth fur taker permit

$7.00

(2)
As used in division (B)(1) of this section:

(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a permit.

(b)
"Senior" means an applicant who is sixty-five years of age
or older at the time of application for a permit.

(C)
Each type of fur taker permit is valid during the hunting license
year in which the permit is purchased. The money received shall be
paid into the state treasury to the credit of the fund established in
section 1533.15 of the Revised Code. Apprentice fur taker permits and
apprentice youth fur taker permits are subject to the requirements
established under section 1533.102 of the Revised Code and rules
adopted pursuant to it.

(D)(1)
No person shall issue a fur taker permit to an applicant unless it is
accompanied by a written explanation of the law in section 1533.17 of
the Revised Code and the penalty for its violation, including a
description of terms of imprisonment and fines that may be imposed.

(2)
No person shall issue a fur taker permit, other than an apprentice
fur taker permit or an apprentice youth fur taker permit, to an
applicant unless the applicant presents to the agent authorized to
issue a fur taker permit a previously held hunting license or
trapping or fur taker permit or evidence of having held such a
license or permit in content and manner approved by the chief of the
division of wildlife, a certificate of completion issued upon
completion of a trapper education course approved by the chief, or
evidence of equivalent training in content and manner approved by the
chief. A previously held apprentice hunting license, apprentice fur
taker permit, or apprentice youth fur taker permit does not satisfy
the requirement concerning the presentation of a previously held
hunting license or fur taker permit or evidence of such a license or
permit.

(3)
No person shall issue a fur taker permit, other than an apprentice
fur taker permit or an apprentice youth fur taker permit, to any
person who fails to present the evidence required by this section. No
person shall purchase or obtain a fur taker permit, other than an
apprentice fur taker permit or an apprentice youth fur taker permit,
without presenting to the issuing agent the evidence required by this
section. Issuance of a fur taker permit in violation of the
requirements of this section is an offense by both the purchaser of
the illegally obtained permit and the clerk or agent who issued the
permit. Any fur taker permit issued in violation of this section is
void.

(E)
The chief, with approval of the wildlife council, shall adopt rules
prescribing a trapper education course for first-time fur taker
permit buyers, other than buyers of apprentice fur taker permits or
apprentice youth fur taker permits, and for volunteer instructors.
The course shall consist of subjects that include, but are not
limited to, trapping techniques, animal habits and identification,
trapping tradition and ethics, the trapper and conservation, the law
in section 1533.17 of the Revised Code along with the penalty for its
violation, including a description of terms of imprisonment and fines
that may be imposed, and other law relating to trapping. Authorized
personnel of the division of wildlife or volunteer instructors
approved by the chief shall conduct the courses with such frequency
and at such locations throughout the state as to reasonably meet the
needs of permit applicants. The chief shall issue a certificate of
completion to each person who successfully completes the course and
passes an examination prescribed by the chief.

(F)
Every person, while hunting or trapping fur-bearing animals on lands
of another, shall carry the person's fur taker permit with the
person's signature written on the permit. Failure to carry such a
signed permit constitutes an offense under this section.
The
chief shall adopt any additional rules the chief considers necessary
to carry out this section.

(G)
An owner who is a resident of this state or an owner who is exempt
from obtaining a hunting license under section 1533.10 of the Revised
Code and the spouse, parents, children of any age, and grandchildren
under eighteen years of age of the owner of lands in this state may
hunt or trap fur-bearing animals thereon without a fur taker permit.
If the owner of land in this state is a limited liability company or
a limited liability partnership that consists of three or fewer
individual members or partners, as applicable, an individual member
or partner who is a resident of this state and the member's or
partner's parents, children of any age, and grandchildren under
eighteen years of age may hunt or trap fur-bearing animals on the
land owned by the limited liability company or limited liability
partnership without a fur taker permit. In addition, if the owner of
land in this state is a trust that has a total of three or fewer
trustees and beneficiaries, an individual who is a trustee or
beneficiary and who is a resident of this state and the individual's
parents, children of any age, and grandchildren under eighteen years
of age may hunt or trap fur-bearing animals on the land owned by the
trust without a fur taker permit. The tenant and children of the
tenant may hunt or trap fur-bearing animals on lands where they
reside without a fur taker permit.

(H)
A fur taker permit is not transferable. No person shall carry a fur
taker permit issued in the name of another person.

(I)
A fur taker permit entitles a nonresident to take from this state
fur-bearing animals taken and possessed by the nonresident as
provided by law or division rule.

Sec.
1533.112.
Except
as provided in this section or unless otherwise provided by division
rule, no person shall hunt ducks, geese, or brant on the lands of
another without first obtaining an annual wetlands habitat stamp. The
annual fee for the wetlands habitat stamp is fourteen dollars for
each stamp unless otherwise provided in rules adopted under division
(B) of section 1533.12 of the Revised Code.

Moneys
received from the stamp fee shall be paid into the state treasury to
the credit of the wetlands habitat fund, which is hereby established.
Moneys shall be paid from the fund on the order of the director of
natural resources for the following purposes:

(A)
Sixty per cent for projects that the division approves for the
acquisition, development, management, or preservation of waterfowl
areas within the state;

(B)
Forty per cent for contribution by the division to an appropriate
nonprofit organization for the acquisition, development, management,
or preservation of lands and waters within the United States or
Canada that provide or will provide habitat for waterfowl with
migration routes that cross this state.

No
moneys derived from the issuance of wetlands habitat stamps shall be
spent for purposes other than those specified by this section. All
investment earnings of the fund shall be credited to the fund.

Wetlands
habitat stamps shall be furnished by and in a form prescribed by the
chief of the division of wildlife and issued by clerks and other
agents authorized to issue licenses and permits under section 1533.13
of the Revised Code. The record of stamps kept by the clerks and
other agents shall be uniform throughout the state, in such form or
manner as the director prescribes, and open at all reasonable hours
to the inspection of any person. Unless otherwise provided by rule,
each stamp shall remain in force until midnight of the thirty-first
day of August next ensuing. Wetlands habitat stamps may be issued in
any manner to any person on any date, whether or not that date is
within the period in which they are effective.

Every
person to whom this section applies, while hunting ducks, geese, or
brant, shall carry an unexpired wetlands habitat stamp that is
validated by the person's signature written on the stamp in ink and
shall exhibit the stamp to any enforcement officer so requesting. No
person shall fail to carry and exhibit the person's stamp.

A
wetlands habitat stamp is not transferable.

The
chief shall establish a procedure to obtain subject matter to be
printed on the wetlands habitat stamp and shall use, dispose of, or
distribute the subject matter as the chief considers necessary.
The
chief also shall adopt rules necessary to administer this section.

This
section does not apply to persons under sixteen years of age nor to
persons exempted from procuring a hunting license under section
1533.10 or division (A)(2) of section 1533.12 of the Revised Code.

Sec.
1533.113.
If
the chief of the division of wildlife determines that the licenses,
permits, and stamps issued under this chapter and Chapter 1531. of
the Revised Code are insufficient for proper wildlife management in
specific geographic areas or for specific species of wild animals,
the chief may adopt rules in accordance with
section
1531.10
Chapter
119.
of
the Revised Code doing all of the following:

(A)
Providing for the issuance of management permits;

(B)
Establishing requirements governing those permits that modify the
requirements established under this chapter and Chapter 1531. of the
Revised Code governing licenses, permits, and stamps;

(C)
Establishing fees for management permits that shall not exceed the
fees established under this chapter and Chapter 1531. of the Revised
Code for licenses, permits, and stamps.

Rules
adopted under division (C) of this section shall be adopted only upon
approval of the controlling board and the wildlife council created in
section 1531.03 of the Revised Code.

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

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

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

(B)
The chief of the division of wildlife shall provide by rule adopted

under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code all of the following:

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

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

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

(4)
As used in division (B)(4) of this section, "blind" and
"person with a mobility impairment" have the same meanings
as in section 955.011 of the Revised Code.

Any
person with a mobility impairment or blind person who is a resident
of this state and who is unable to engage in fishing without the
assistance of another person shall be issued an annual fishing
license free of charge when application is made to the chief in the
manner prescribed by and on forms provided by the chief. The person
who is assisting the person with a mobility impairment or blind
person may assist in taking or catching fish of the kind permitted to
be taken or caught without procuring the license required under
section 1533.32 of the Revised Code, provided that only one line is
used by both persons.

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

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

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

Sec.
1533.131.
The
chief of the division of wildlife may sell gift certificates that may
be used to obtain, pay for, or purchase licenses, permits, stamps,
user fees, and conservation-related items provided for under this
chapter or Chapter 1531. of the Revised Code. The chief may adopt
rules in accordance with
section
1531.10
Chapter
119.
of
the Revised Code
necessary
to administer this section, including
providing

all
of the following:

(A)
Designating which licenses, permits, stamps, user fees, and
conservation-related items may be obtained, paid for, or purchased
with a gift certificate;

(B)
Prescribing the form for the gift certificates;

(C)
Authorizing persons who are designated and authorized under section
1533.13 of the Revised Code to sell licenses and permits under this
chapter also to sell gift certificates under this section.

Nothing
in this section or rules adopted under it relieves an individual who
receives a gift certificate for a hunting license from complying with
the requirement established under section 1533.10 of the Revised Code
to present, when applying for the license, a previously held hunting
license or evidence of having held such a license in content and
manner approved by the chief, a certificate of completion issued upon
completion of a hunter education and conservation course approved by
the chief, or evidence of equivalent training in content and manner
approved by the chief.

Nothing
in this section or rules adopted under it relieves an individual who
receives a gift certificate for a fur taker permit from complying
with the requirements established under section 1533.111 of the
Revised Code to present, when applying for the permit, a previously
held hunting license or trapping or fur taker permit or evidence of
having held such a license or permit in content and manner approved
by the chief, a certificate of completion issued upon completion of a
trapper education course approved by the chief, or evidence of
equivalent training in content and manner approved by the chief.

Sec.
1533.191.
Organized
field trial clubs or individuals may purchase domestically raised
quails, chukar partridges, pheasants, black and mallard ducks, and
other game birds from licensed breeders, and may shoot quails, chukar
partridges, pheasants, ducks or other game birds and common pigeons
that are approved by the division of wildlife at any time during the
daylight hours, only on grounds designated by the division of
wildlife as "dog training grounds," and only as provided in
this section

and under such additional regulations as the chief of the division of
wildlife may prescribe subject to sections 119.01 to 119.13,
inclusive, of the Revised Code, for the purpose of the establishment,
operation, and control of such areas as he deems necessary
.
Failure to comply with
all
rules and regulations established by the chief of the division of
wildlife pursuant to
this
section shall be sufficient cause for refusal to issue a permit or
for revocation of an existing permit.

Bands
furnished by the division of wildlife shall be used to designate each
quail, chukar partridge, pheasant, duck, or other game bird used on
such designated grounds and shall be attached to quails, chukar
partridges, pheasants, ducks, or other game birds, as prescribed by
the chief of the division of wildlife, prior to being released. The
division of wildlife shall provide such bands and collect a nominal
fee for each band.

If
unbanded wild quails, chukar partridges, pheasants, ducks, or other
game birds are accidentally shot on such grounds they shall be
immediately banded with a band furnished by the division of wildlife
and be replaced by releasing an equal number of live quails, chukar
partridges, pheasants, ducks, or other game birds under the
supervision of the division of wildlife.

"Designated
grounds" are areas of land not exceeding fifty acres where
permission from the owner or lessee has first been obtained and the
exact location and description of the area together with the name of
the club or individual operator has been furnished in writing to the
division of wildlife. The division shall formulate and provide
suitable signs to be placed around the boundaries of such grounds and
a nominal fee shall be collected for such signs. The division may
then issue a permit, which shall expire at midnight on the thirtieth
day of April following the date of issuance, when it is satisfied
that the use thereof is a bona fide use in accordance with the
provisions of this section.

Any
permit issued to a club or individual under the provisions of this
section may be revoked at any time for cause, by the chief of the
division of wildlife, and no other permit shall be issued to such
club or individual during the period for which such revoked permit
was issued.

Each
quail, chukar partridge, pheasant, duck, or other game bird or common
pigeon taken in violation of this section constitutes a separate
offense.

Dog
training grounds shall not be used to conduct shooting trials except
as provided in section 1533.19 of the Revised Code.

Sec.
1533.32.
(A)
Except as provided in this section or division (A)(2) or (C) of
section 1533.12 of the Revised Code or as exempted at the discretion
of the chief of the division of wildlife, no person, including
nonresidents, shall take or catch any fish by angling in any of the
waters in the state or engage in fishing in those waters without a
license. No person shall take or catch frogs or turtles without a
valid fishing license, except as provided in this section. Persons
fishing in privately owned ponds, lakes, or reservoirs to or from
which fish are not accustomed to migrate are exempt from the license
requirements set forth in this section. Persons fishing in privately
owned ponds, lakes, or reservoirs that are open to public fishing
through an agreement or lease with the division of wildlife shall
comply with the license requirements set forth in this section.

(B)(1)
Except as otherwise provided in rules adopted under division (B) of
section 1533.12 of the Revised Code, each applicant for a fishing
license shall pay a fee for each license in accordance with the
following schedule:

1

2

A

Annual
fishing license – resident

$24.00

B

Annual
fishing license – nonresident that is not a resident of a
reciprocal state

$74.00

C

Annual
fishing license – nonresident that is a resident of a reciprocal
state

$24.00

D

Annual
senior fishing license – resident

$9.00

E

Three-day
tourist fishing license – nonresident that is not a resident of
a reciprocal state

$50.00

F

One-day
fishing license - resident

$13.00

G

One-day
fishing license - nonresident that is not a resident of a
reciprocal state

$26.00

H

One-day
fishing license - nonresident that is a resident of a reciprocal
state

$13.00

(2)
As used in division (B)(1) of this section:

(a)
"Reciprocal state" means a state that is a party to an
agreement under section 1533.91 of the Revised Code.

(b)
"Senior" means an applicant who is sixty-five years of age
or older at the time of application for a license.

(3)
Any person under the age of sixteen years may take or catch frogs and
turtles and take or catch fish by angling without a license.

(C)(1)
The chief of the division of wildlife may issue a tourist's license
expiring three days from the effective date of the license to a
resident of a state that is not a party to an agreement under section
1533.91 of the Revised Code.

(2)
The chief shall adopt rules
under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code providing for the issuance of a one-day fishing
license to a resident of this state or of any other state. A one-day
fishing license shall allow the holder to take or catch fish by
angling in the waters in the state, engage in fishing in those
waters, or take or catch frogs or turtles in those waters for one day
without obtaining an annual license or a tourist's license under this
section. At the request of a holder of a one-day fishing license who
wishes to obtain an annual license, a clerk or agent authorized to
issue licenses under section 1533.13 of the Revised Code, not later
than the last day on which the one-day license would be valid if it
were an annual license, shall credit the amount of the fee paid for
the one-day license toward the fee charged for the annual license if
so authorized by the chief. The clerk or agent shall issue the annual
license upon presentation of the one-day license and payment of a fee
in an amount equal to the difference between the fee for the annual
license and the fee for the one-day license.

(3)
Unless otherwise provided by division rule, each annual license shall
begin on the date of issuance and expire a year from the date of
issuance.

(4)
Unless otherwise provided by division rule, each multi-year license
issued in accordance with section 1533.321 of the Revised Code shall
begin on the date of issuance and expire three years, five years, or
ten years from the date of issuance, as applicable.

(5)
No person shall alter a fishing license or possess a fishing license
that has been altered.

(6)
No person shall procure or attempt to procure a fishing license by
fraud, deceit, misrepresentation, or any false statement.

(7)
A resident of this state who owns land over, through, upon, or along
which any water flows or stands, except where the land is in or
borders on state parks or state-owned lakes, together with the
members of the immediate families of such owners, may take frogs and
turtles and may take or catch fish of the kind permitted to be taken
or caught therefrom without procuring a license provided for in this
section. This exemption extends to tenants actually residing upon
such lands and to the members of the immediate families of the
tenants. A resident of any other state who owns land in this state
over, through, upon, or along which any water flows or stands, except
where the land is in or borders on state parks or state-owned lakes,
and the spouse and children living with the owner, may take frogs and
turtles and may take or catch fish of the kind permitted to be taken
or caught from that water without obtaining a license under this
section, provided that the state of residence of the owner allows
residents of this state owning real property in that state, and the
spouse and children living with such a property owner, to take frogs
and turtles and take or catch fish without a license. If the owner of
such land in this state is a limited liability company or a limited
liability partnership that consists of three or fewer individual
members or partners, as applicable, an individual member or partner
who is a resident of this state and the member's or partner's
children of any age may take frogs and turtles and may take or catch
fish of the kind permitted to be taken or caught therefrom without
procuring a license provided for in this section. In addition, if the
owner of such land in this state is a trust that has a total of three
or fewer trustees and beneficiaries, an individual who is a trustee
or beneficiary and who is a resident of this state and the
individual's children of any age may take frogs and turtles and may
take or catch fish of the kind permitted to be taken or caught
therefrom without procuring a license provided for in this section.
Residents of state or county institutions, charitable institutions,
and military homes in this state may take frogs and turtles without
procuring the required license, provided that a member of the
institution or home has an identification card, which shall be
carried on that person when fishing.

(8)
Every fisher required to be licensed, while fishing or taking or
attempting to take frogs or turtles, shall carry the license and
exhibit it to any person. Failure to so carry and exhibit the license
constitutes an offense under this section.

Sec.
1533.321.
(A)
The chief of the division of wildlife may issue any of the following:

(1)
Multi-year hunting or fishing licenses for three-, five-, or ten-year
terms to a resident of this state;

(2)
Lifetime hunting or fishing licenses to a resident of this state;

(3)
A package consisting of any combination of license, stamp, or permit
that the chief is authorized to issue under this chapter.

(B)
The chief may adopt rules in accordance with
section
1531.10
Chapter
119.
of
the Revised Code governing multi-year hunting and fishing licenses,
lifetime hunting and fishing licenses, and combination packages,
including rules establishing fees for the combination packages. The
chief shall ensure that the price for a combination package is not
discounted by more than five per cent of the total fees for the
licenses, permits, or stamps that a person would otherwise pay for
those licenses, permits, or stamps if the person purchased them
individually.

(C)(1)
The multi-year and lifetime license fund is hereby created in the
state treasury. The fund shall consist of money received from
application fees for multi-year and lifetime hunting and fishing
licenses.

(2)
Each fiscal year, a prorated amount of the money from each multi-year
and lifetime license fee shall be transferred from the multi-year and
lifetime license fund to the fund into which the applicable single
year license fee would otherwise be deposited. The prorated amount
shall equal the total amount of the fee charged for the license
divided by the number of years the license is valid. The chief shall
adopt rules in accordance with
section
1531.10
Chapter
119.
of
the Revised Code
for
the administration of this division, including establishing
to
establish
a
system that prorates lifetime license fees for deposit each year into
the wildlife fund created in section 1531.17 of the Revised Code.

(3)
Each fiscal year, all previous year's investment earnings from the
multi-year and lifetime license fund shall be transferred into the
wildlife fund created in section 1531.17 of the Revised Code.

(D)(1)
Each applicant for a multi-year or lifetime fishing license who is a
resident of this state shall pay a fee for each license in accordance
with the following schedule:

1

2

A

Senior
3-year fishing license

$26.00

B

Senior
5-year fishing license

$43.34

C

Senior
lifetime fishing license

$81.00

D

3-year
fishing license

$69.34

E

5-year
fishing license

$115.56

F

10-year
fishing license

$231.12

G

Lifetime
fishing license

$576.00

H

Youth
lifetime fishing license

$414.00

(2)
As used in division (D)(1) of this section:

(a)
"Youth" means an applicant who is under the age of sixteen
years at the time of application for a license.

(b)
"Senior" means an applicant who is sixty-five years of age
or older at the time of application for a license.

(E)(1)
Each applicant for a multi-year or lifetime hunting license who is a
resident of this state shall pay a fee for each license in accordance
with the following schedule:

1

2

A

Senior
3-year hunting license

$26.00

B

Senior
5-year hunting license

$43.34

C

Senior
lifetime hunting license

$81.00

D

Youth
3-year hunting license

$26.00

E

Youth
5-year hunting license

$43.34

F

Youth
10-year hunting license

$86.67

G

Youth
lifetime hunting license

$414.00

H

3-year
hunting license

$52.00

I

5-year
hunting license

$86.67

J

10-year
hunting license

$173.34

K

Lifetime
hunting license

$432.00

(2)
As used in division (E)(1) of this section:

(a)
"Youth" means an applicant who is under the age of eighteen
years at the time of application for a license.

(b)
"Senior" means an applicant who is sixty-five years of age
or older at the time of application for a license.

(F)
If a person who is issued a multi-year hunting or fishing license or
lifetime hunting or fishing license in accordance with division (A)
of this section subsequently becomes a nonresident after issuance of
the license, the person's license remains valid in this state during
its term, regardless of residency status.

Sec.
1533.45.
No
person shall lay out, pull, lift, draw, set, place, locate, or
maintain any net or seine, except a minnow seine, on any of the reefs
of the Lake Erie fishing district, except by permission of the chief
of the division of wildlife, or lay out, pull, lift, draw, set,
place, locate, or maintain any net or seine in any channel or passage
lying between any islands or between any island and the mainland in
Lake Erie at a greater distance from the shore of the islands or
mainland than one-fourth the distance across the channel or passage.
No person shall lay out, pull, lift, draw, set, place, locate, or
maintain any net or seine, except a minnow seine, in any other area
of Lake Erie where that activity is prohibited by the chief in rules
adopted for the purposes of this section. The chief shall adopt rules

under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code establishing no-fishing zones throughout the Ohio
waters of the Lake Erie fishing district.

No
net shall be set in less than three feet of water in either of the
fishing districts of the state except seines and minnow seines. The
division may establish in Sandusky bay, with the consent of the coast
guard, any buoys or markers that are necessary for information to the
public or as aids to navigation, but nothing in this section shall be
construed as permitting the division to place any buoys or markers
that will in any way interfere with the use, laying out, or pulling
of seines in any part of Sandusky bay as permitted pursuant to this
section.

Sec.
1533.55.
Except
as otherwise provided by division rule, no person shall draw, set,
place, locate, or maintain any net, except a seine, within one-fourth
of a mile of any reef in Lake Erie between the first day of May and
the tenth day of May, both dates inclusive, and within one-fourth
mile of any island or the mainland bordering Lake Erie between the
fifteenth day of June and the fifteenth day of September, both dates
inclusive. No seine or net of any kind except a minnow net shall be
placed, located, pulled, or maintained in Sandusky bay from one hour
after sunset on Saturday until one hour before sunrise on the
following Monday, or from one hour before sunset on the day before
Memorial Day, Independence Day, and Labor Day until one hour before
sunrise on the day following Memorial Day, Independence Day, and
Labor Day. No seine shall be set, placed, located, or maintained in
Sandusky bay and the inland fishing district during the nighttime
from one hour after sunset until one hour before sunrise. No person
shall place, set, locate, pull, or maintain a seine, except a minnow
seine, in the Lake Erie fishing district during the time from
one-half hour after sunset until one-half hour before sunrise, except
that a licensee may place, set, locate, pull, or maintain a seine
other than a minnow seine in any waters of the Lake Erie fishing
district other than Sandusky bay at those times, upon prior
notification to the chief of the division of wildlife, or the chief's
designated agent, during not more than one week per notification. The
notification shall be in writing and shall state the licensee's name
and address, date and time of fishing, and location of fishing
grounds.

No
trap net, crib net, fyke net, or other fishing devices, except a
seine which has been authorized to be hauled during the nighttime,
shall be lifted, pulled, hauled, or set, nor shall fish be removed
therefrom, except during the time from one-half hour before sunrise
to one-half hour after sunset. Each net or other device set,
maintained, placed, pulled, lifted, or hauled in violation of this
section constitutes a separate offense.

All
fish taken from a net or other fishing device, except a seine that
has been authorized to be hauled during the nighttime, shall be
brought ashore during the time from one-half hour before sunrise to
one-half hour after sunset.

The
chief may adopt rules
under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code providing that no person shall lay out, pull, lift,
draw, set, place, locate, or maintain any net or seine at any other
place or places in the Lake Erie fishing district and in other waters
wherein fishing with nets or seines is licensed by law wherein such a
prohibition is needed for the protection, preservation, or
propagation of fish.

No
person shall leave a commercial fishing device in a slack manner, or
torn parts thereof, in the waters of the Lake Erie fishing district
for more than five consecutive days. For the purposes of this
section, a fishing device is slack when the anchors to various parts
of the device are not holding it in the normal extended manner.

No
person shall set or use a net, trotline, or other fishing device,
except a trap net or fyke net, in the Lake Erie fishing district
without removing all of the fish therefrom at least once during a
period of five consecutive days. A trap or fyke net shall have all of
the fish removed from the crib or car at least once during such time.

Any
net, gill net, or other fishing device set, lifted, pulled, hauled,
or used in violation of this chapter or Chapter 1531. of the Revised
Code or division rule is a public nuisance and each wildlife officer,
or other officer with like authority, may seize and safely keep such
a fishing device or part thereof, and the illegal results therefrom,
for evidence or forfeiture proceedings unless otherwise ordered by
the chief.

No
person shall fail to comply with any provision of this section or
division rule adopted pursuant to it.

In
addition to other penalties provided in the Revised Code, the license
of any person who is convicted of two violations of this section that
occurred within a twelve-month period is suspended upon the second
such conviction by operation of law for a period of five fishing
season days immediately following that conviction.

In
addition to other penalties provided in the Revised Code, the license
of any person who is convicted of three or more violations of this
section that occurred within a twelve-month period is suspended upon
the third or subsequent such conviction by operation of law for a
period of twenty fishing season days immediately following that
conviction.

During
any period of suspension, no person shall use or engage in fishing
within commercial gear owned, used, or controlled at the time of
conviction by the licensee whose license has been suspended.

Sec.
1533.731.
(A)
No wild animal hunting preserve shall be less than eighty acres in
area. Each such preserve shall be in one continuous block of land,
except that the block of land may be intersected by highways or
roads. No wild animal hunting preserve shall be located within one
thousand five hundred feet of another such preserve.

The
boundaries of each wild animal hunting preserve shall be clearly
defined by posting, at intervals of not more than four hundred feet,
with signs prescribed by the division of wildlife. Each wild animal
hunting preserve shall be surrounded by a fence at least eight feet
in height, with a minimal deviation not to exceed four per cent, that
is constructed of a woven wire mesh, or such other enclosure approved
by the chief of the division of wildlife.

(B)(1)
Except as provided in divisions (B)(2), (3), and (4) of this section,
game and nonnative wildlife that have been approved by the chief for
such use and that have been legally acquired or propagated under the
authority of a propagating license issued under section 1533.71 of
the Revised Code or propagated within the confines of a licensed wild
animal hunting preserve may be released and hunted within the
confines of the licensed wild animal hunting preserve between
one-half hour before sunrise and one-half hour after sunset, without
regard to sex, bag limit, or open season, by hunters authorized by
the holder of the wild animal hunting preserve license to hunt on
those lands. The chief shall establish, by rule, the allowable
methods of taking game and nonnative wildlife in a wild animal
hunting preserve.

(2)
No game or nonnative wildlife on the federal endangered species list
established in accordance with the "Endangered Species Act of
1973," 87 Stat. 884, 16 U.S.C.A. 1531, as amended, or the state
endangered species list established in rules adopted under section
1531.25 of the Revised Code, no bears native to North America, and no
large carnivores of the family Felidae shall be released for hunting
or hunted in any wild animal hunting preserve in this state.

(3)
No person shall release for hunting or hunt within a wild animal
hunting preserve any game or nonnative wildlife not listed in the
application for a license for that preserve.

(4)
No person shall knowingly release for hunting or hunt wild boar or
feral swine in any wild animal hunting preserve in this state.

(C)
Unless otherwise specified by division rule, all game and nonnative
wildlife released on a wild animal hunting preserve shall be
identified with a tag that shall bear upon it a symbol identifying
the preserve.

(D)
No person shall remove living game or nonnative wildlife from a wild
animal hunting preserve unless the game or nonnative wildlife are
being transferred to another wild animal hunting preserve in
accordance with rules adopted by the director of agriculture under
section 943.24 of the Revised Code.

(E)
The holder of a wild animal hunting preserve license shall keep a
record of all animals that have been released into the preserve. The
record shall include all of the following:

(1)
The date on which each animal was released into the preserve;

(2)
The number of each species of animals;

(3)
The number of males and females of each species of animals;

(4)
The name and address of each person from whom each animal was
obtained.

The
licensee shall record in a manner specified by the division the name
and address of each person that takes any game or nonnative wildlife
from the preserve. The licensee shall maintain those records for a
period of two years and make them available for inspection by the
division at all reasonable times in conjunction with an active
criminal investigation.

(F)
In addition to complying with the requirements established by
division (E) of this section, the holder of a wild animal hunting
preserve license who has captive white-tailed deer in the preserve
shall keep a record of all known escapes of those deer, deaths of
those deer that were not a result of hunting, and laboratory results
for testing for chronic wasting disease of those deer that is
required by section 943.21 of the Revised Code and rules adopted
under section 943.24 of the Revised Code.

(G)
For the purposes of division (B) of section 1533.02 of the Revised
Code, the owner or operator of a wild animal hunting preserve shall
furnish each person who takes any game or nonnative wildlife from the
preserve a certificate bearing a description of the animal, the date
the animal was taken, and the name of the preserve.

(H)
The holder of a wild animal hunting preserve license prominently
shall display the license at the place of business that is specified
in the license.

(I)
The chief shall adopt rules
under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code that provide for the safety of the public and for
the protection of the game and nonnative wildlife to be hunted in a
wild animal hunting preserve prior to their release in the preserve.

(J)
No holder of a wild animal hunting preserve license shall violate
this chapter or Chapter 1531. of the Revised Code or any division
rule.

(K)
This section does not authorize the hunting of game birds in a
licensed wild animal hunting preserve unless the licensee also
possesses a valid commercial bird shooting preserve license issued
under section 1533.72 of the Revised Code for the same land for which
the wild animal hunting preserve license was issued.

(L)
A person may hunt game and nonnative wildlife in a licensed wild
animal hunting preserve without obtaining a hunting license otherwise
required by section 1533.10 of the Revised Code or a deer permit
otherwise required by section 1533.11 of the Revised Code.

Sec.
1533.74.
No
game birds, game quadrupeds, or fur-bearing animals held under the
authority of a license issued under section 1533.71, 1533.72, or
1533.721 of the Revised Code shall be sold for food unless the
carcass of each game bird, game quadruped, or fur-bearing animal is
tagged with a suitable tag or seal approved by the division of
wildlife. Game birds, game quadrupeds, and fur-bearing animals so
killed and tagged may be possessed, bought, or sold at any time.
Common carriers shall receive and transport game birds, game
quadrupeds, and fur-bearing animals so tagged, but to every package
containing them shall be affixed a tag or label upon which shall be
plainly printed or written the name of the person to whom the license
was issued, the name of the person to whom they are to be
transported, the number of game birds, game quadrupeds, or
fur-bearing animals contained in the package, and a statement to the
effect that they were killed and tagged in accordance with sections
1533.71 to 1533.79 of the Revised Code.

The
chief of the division of wildlife may adopt rules under section
1531.10 of the Revised Code necessary to administer this section.

This
section
and
rules adopted pursuant to it do
does

not
apply to meat that has been inspected by the department of
agriculture under Chapter 918. of the Revised Code and rules adopted
under it and that has been marked with an official inspection mark,
stamp, or brand pursuant to that inspection.

Sec.
1533.77.
(A)
Each holder of a noncommercial or commercial propagating license
issued under section 1533.71 of the Revised Code shall keep the
license prominently displayed at the place of business specified in
the license, and shall keep accurate written records that shall
include the total number of game birds, game quadrupeds, or
fur-bearing animals possessed on the date of application for the
license, the number subsequently propagated or acquired by purchase
or gift, the number that escaped, the number that were released, the
number that died, and the name and address of each person or
corporation from whom or to whom game birds, game quadrupeds
,

or fur-bearing animals were received as a gift or given as a gift or
purchased or sold alive or sold for food, and the date of each
transaction. These records shall be kept permanently on the premises
stated in the license, and shall be open for inspection by any
authorized representative of the division of wildlife at all
reasonable times.

(B)
Each holder of a captive white-tailed deer propagation license issued
under section 1533.71 of the Revised Code shall maintain all records
that are required in rules adopted under section 943.24 of the
Revised Code. The records shall be kept permanently on the premises
stated in the license and shall be open for inspection by any
authorized representative of the department of agriculture at all
reasonable times and of the division of wildlife at all reasonable
times in conjunction with an active criminal investigation.

(C)
The holder of a captive white-tailed deer propagation license shall
not knowingly falsify any record or tag that is required in rules
adopted under section 943.24 of the Revised Code or in rules adopted

under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code.

Sec.
1533.84.
The
chief of the division of wildlife, in accordance with
section
1531.10
Chapter
119.
of
the Revised Code, shall adopt rules establishing generally accepted
standards for shooting ranges. These rules shall be no more stringent
than national rifle association standards, and include standards for
the limitation and suppression of noise, standards for the hours of
operation of shooting ranges of the various types and at the various
locations of ranges, and standards for public safety. The rules may
include standards for the reconstruction, enlargement, remodeling, or
repair of any structure or facility that is part of a shooting range
provided that any local laws creating standards for the
reconstruction, enlargement, remodeling, or repair of structures or
facilities that apply generally to all structures or facilities and
not exclusively or primarily to shooting ranges also shall apply to
shooting ranges. Nothing in this section limits the authority of a
county or township board of zoning appeals to issue or deny
conditional zoning certificates for the reconstruction, enlargement,
remodeling, or repair of an existing shooting range pursuant to
division (C) of section 303.14 or division (C) of section 519.14 of
the Revised Code or the authority of a board of county commissioners
or board of township trustees relating to the completion,
restoration, reconstruction, extension, or substitution of
nonconforming uses pursuant to section 303.19 or 519.19 of the
Revised Code. At the time of its establishment, a shooting range
shall comply with all existing local ordinances, regulations, or
laws.

The
chief of the division of wildlife shall consult with a representative
sample of persons and organizations that own, operate, or use
shooting ranges and persons and organizations that represent
counties, townships, municipal corporations, and holders of real
property adjoining shooting ranges prior to filing or amending the
rules required or authorized under this section in accordance with

section
1531.10
Chapter
119.
of
the Revised Code. A draft copy of the chief's proposed rules or any
subsequent amendments to the rules shall be submitted to
representatives of the above-listed organizations, who shall be given
thirty days to review and submit written comments on the draft rules
to the chief. The chief shall consider but not be bound by the
written comments and, after giving due regard to the public
interests, shall file the initial rules in accordance with
section
1531.10
Chapter
119.
of
the Revised Code within one hundred eighty days after
the
effective date of this section

November 21, 1997
.

Sec.
1533.88.
The
chief of the division of wildlife shall adopt
the
following
rules

under
section 1531.10
in
accordance with Chapter 119.
of
the Revised Code

as necessary to carry out the purposes of sections 1533.86 to 1533.90
of the Revised Code, including, but not limited to
:

(A)
Establishing a harvest season for wild ginseng;

(B)
Establishing a certification program for all legally harvested
ginseng, including setting a certification fee;

(C)
Establishing a buying season for ginseng that has not yet been
certified in accordance with rules adopted under division (B) of this
section;

(D)
Establishing a registration permit system to authorize ginseng
dealers to buy or otherwise acquire or convey ginseng for resale and
export;

(E)
Establishing a record system to be kept by collectors, dealers, and
growers of ginseng;

(F)
Developing educational materials about ginseng, ginseng regulation,
and the Ohio ginseng management program.

Sec.
1546.04.
(A)
Except as provided in this section, the chief of the division of
parks and watercraft, with the approval of the director of natural
resources, shall adopt rules in accordance with Chapter 119. of the
Revised Code
that
are necessary for the proper management of state parks, bodies of
water, and the lands adjacent to them under its jurisdiction and
control, including rules
that
do all of the following
:

(1)

Governing

Govern
the
opening
and closing times and dates of state parks;

(2)

Establishing

Establish

fees
and charges for use of facilities in state parks;

(3)

Governing

Govern

camps,
camping, and fees for camps and camping;

(4)

Governing

Govern

the
application for and rental of, rental fees for, and the use of
cottages;

(5)

Relating

Relate

to
public use of state park lands
,

and
governing

govern

the
operation of motor vehicles, including speeds and parking on those
lands;

(6)

Governing

Govern

all
advertising within state parks and requirements for the operation of
places selling tangible personal property and food service sales on
lands and waters under the control of the division. The rules shall
establish uniform requirements for those operations and sales.

(7)

Providing

Provide

uniform
standards relating to the size, type, location, construction, and
maintenance of structures and devices used for fishing or moorage of
watercraft, rowboats, sailboats, and powercraft over waters under the
control of the division and establishing reasonable fees for the
construction of, and annual use permits for, those structures and
devices;

(8)

Governing

Govern

state
beaches, swimming, inflatable devices, and fees for them;

(9)

Governing

Govern

the
removal and disposition of any watercraft, rowboat, sailboat, or
powercraft left unattended for more than seven days on any lands or
waters under the control of the division;

(10)

Governing

Govern

the
establishment and collection of check collection charges for checks
that are returned to the division or dishonored for any reason;

(11)

Governing

Govern

natural
resources officers in all parks and bodies of water and lands
adjacent to those bodies under the supervision and control of the
division as are necessary to the proper management of such parks and
bodies of water.

(B)
The chief shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing a discount program for all persons who are
issued a golden buckeye card under section 173.06 of the Revised
Code. The discount program shall provide a discount for all park
services and rentals, but shall not provide a discount for the
purchase of merchandise.

(C)
The chief, with the approval of the director of natural resources,
may adopt rules in accordance with Chapter 119. of the Revised Code
that establish all of the following:

(1)
Requirements governing the administration of state parks;

(2)
Requirements considered necessary by the chief to supplement the
identification, operation, titling, use, registration, and numbering
of watercraft or vessels as provided in Chapters 1547. and 1548. of
the Revised Code;

(3)
Requirements governing the navigation of vessels on waters in this
state, including rules regarding steering and sailing, the conduct of
vessels in sight of one another or in restricted visibility, lights
and shapes of lights used on vessels, and sound and light signals. As
the chief considers necessary, the chief shall ensure that those
rules are consistent with and equivalent to the regulations and
interpretive rulings governing inland waters adopted or issued under
the "Inland Navigational Rules Act of 1980," 94 Stat. 3415,
33 U.S.C. 151, 1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.

(4)
Requirements and procedures governing vessel safety inspection
checkpoints, including procedures that comply with statutory and
constitutional provisions governing searches and seizures by law
enforcement officers;

(5)
Fees and charges for all of the following:

(a)
Boating skill development classes and other educational classes;

(b)
Law enforcement services provided at special events when the services
are in addition to normal enforcement duties;

(c)
Inspections of vessels or motors conducted under Chapter 1547. or
Chapter 1548. of the Revised Code.

(D)
The chief shall not adopt rules under this section establishing fees
or charges for parking a motor vehicle in a state park or for
admission to a state park.

(E)
If the chief adopts rules under this section for the issuance of a
permit for preventing or limiting ice formation on the surface of
water that is located in a state park on property owned or managed by
the division, the chief shall not levy a fee for the issuance of the
permit.

Sec.
1546.10.
(A)
The chief of the division of parks and watercraft, with the approval
of the director of natural resources, may dispose of any of the
following by sale, donation, trade, trade-in, recycling, or any other
lawful means, in a manner that will benefit the division:

(1)
Standing timber that as a result of wind, storm, pestilence, or any
other natural occurrence may present a hazard to life or property,
timber that has weakened or fallen on lands under the control and
management of the division, or any timber or other forest products
that require management to improve wildlife habitat, protect against
wildfires, provide access to recreational facilities, implement
sustainable forestry practices, or improve the safety, quality, or
appearance of any state park area;

(2)
Spoils of a dredging operation conducted by the division in waters
under the control and management of the division. Prior to the
disposition of any spoils under this division, the chief shall notify
the director of environmental protection of the chief's intent so
that the director may determine if the spoils constitute solid wastes
or hazardous waste, as those terms are defined in section 3734.01 of
the Revised Code, that must be disposed of in accordance with Chapter
3734. of the Revised Code. If the director does not notify the chief
within thirty days after receiving notice of the disposition that the
spoils must be disposed of in accordance with Chapter 3734. of the
Revised Code, the chief may proceed with the disposition.

(3)
Notwithstanding sections 125.12 to 125.14 of the Revised Code, excess
supplies and surplus supplies, as those terms are defined in section
125.12 of the Revised Code;

(4)
Agricultural products that are grown or raised by the division. As
used in this division, "agricultural products" includes
products of apiculture, animal husbandry, or poultry husbandry, field
crops, fruits, and vegetables.

(5)
Abandoned personal property, including golf balls that are found on
property under the control and management of the division.

(B)

In
accordance with Chapter 119. of the Revised Code, the chief shall
adopt, and may amend and rescind, such rules as are necessary to
administer this section.

(C)

Except
as provided in division
(D)
(C)

of this section, proceeds from the disposition of items under this
section shall be deposited in the state treasury to the credit of the
state park fund created in section 1546.21 of the Revised Code.

(D)
(C)

The chief of the division of parks and watercraft may enter into a
memorandum of understanding with the chief of the division of
forestry to allow the division of forestry to administer the sale of
timber and forest products on lands that are owned or controlled by
the division of parks and watercraft. Proceeds from the sale of
timber or forest products pursuant to the memorandum of understanding
shall be apportioned as follows:

(1)
Seventy-five per cent of the proceeds shall be deposited in the state
treasury to the credit of the state park fund.

(2)
Twenty-five per cent of the proceeds shall be deposited in the state
treasury to the credit of the state forest fund created in section
1503.05 of the Revised Code.

Sec.
1546.18.
A
natural resources officer appointed under section 1501.24 of the
Revised Code may take possession of and hold a boat or other property
if such action appears necessary in the course of making an arrest of
a person violating sections
1546.15
to
1546.16
and
1546.17
of the Revised Code. A natural resources officer shall not be held
liable for the loss of or any damage done to such boat or other
property taken and held by reason of the failure to comply with such
sections, provided ordinary care is exercised in the handling of such
property. No person shall take possession of a boat or other property
which has been taken in charge by a natural resources officer as
provided in this section, until the officer has released same.

Sec.
1546.99.
Whoever
violates sections
1546.15

1546.16

to
1546.20 of the Revised Code or any rules of the division of parks and
watercraft shall be fined not less than ten nor more than one hundred
dollars.

Sec.
1547.38.
No
person who lets vessels for hire, or the agent or employee thereof,
shall rent, lease, charter, or otherwise permit the use of a vessel,
unless the person provides the vessel with the equipment required
under sections 1547.25, 1547.251, 1547.26, 1547.27, 1547.28, 1547.29,
and 1547.31 of the Revised Code and rules regarding the equipment of
vessels, and complies with the requirements of sections 1547.24,
1547.40, 1547.53, 1547.57, and either 1547.54 or 1547.542 of the
Revised Code and rules
to
implement and enforce
adopted
under
those
sections.

Sec.
1548.02.
The
chief of the division of parks and watercraft
shall
adopt such rules as the chief considers necessary to ensure uniform
and orderly operation of this chapter, and the clerks of the courts
of common pleas shall conform to those rules. The chief
shall
receive and file in the chief's office all information forwarded to
the chief by the clerks under this chapter and shall maintain indexes
covering the state at large for that information. These indexes shall
be for the state at large and not for individual counties.

The
chief shall check with the chief's record all duplicate certificates
of title received in the chief's office from the clerks.

If
it appears that any certificate of title has been improperly issued
or is no longer required, the chief shall cancel the certificate.
Upon the cancellation of any certificate of title, the chief shall
notify the clerk who issued it, and the clerk shall enter the
cancellation in the clerk's records. The chief also shall notify the
person to whom the certificate of title was issued, as well as any
lienholders appearing on it, of the cancellation and, if it is a
physical certificate of title, shall demand the surrender of the
certificate of title, but the cancellation shall not affect the
validity of any lien noted on it. The holder of a physical
certificate of title shall return it to the chief immediately.

The
clerks shall keep on hand a sufficient supply of blank forms that,
except certificate of title and memorandum certificate forms, shall
be furnished and distributed without charge to registered
manufacturers or dealers or to other persons residing within the
county. The clerks shall provide the certificates of title and
ribbons, cartridges, or other devices necessary for the operation of
the certificate of title processing equipment as determined by the
automated title processing board pursuant to division (C) of section
4505.09 of the Revised Code from moneys provided to the clerks from
the automated title processing fund in accordance with division (B)
of section 4505.09 of the Revised Code. The clerks shall furnish all
other supplies from other moneys available to the clerks.

Sec.
1561.03.
The
chief of the division of mineral resources management shall enforce
and supervise the execution of all laws enacted for the health and
safety of persons and the protection and conservation of property
within, about, or in connection with mines, mining, and quarries
,
and for such purpose shall adopt, publish, and enforce necessary
rules not inconsistent with the mining laws of this state
.

Sec.
1561.05.
The
laws relating to mines and mining and duties and functions of the
division of mineral resources management shall be administered by the
chief of the division of mineral resources management, and through
and by deputy mine inspectors. If a vacancy occurs in the office of a
deputy mine inspector, it may be filled by the chief, who shall
select a person from the eligible list for deputy mine inspectors
that is prepared under section 124.24 of the Revised Code.

The
chief shall adopt, in accordance with Chapter 119. of the Revised
Code, all necessary rules for conducting examinations and for
governing all other matters requisite to the exercise of the chief's
powers and the performance of the chief's duties under this chapter
and Chapters 1509., 1563., 1565., and 1567. of the Revised Code
relating to mines and mining.

Sec.
1561.07.
The
mining laws of this state shall extend to and govern the operation of
clay mines and clay stripping pits in so far as such laws are
applicable thereto. The chief of the division of mineral resources
management shall adopt, publish, and enforce
specific
rules particularly applicable to clay mining operations to safeguard
life and property in the clay mining industry and to secure safe and
sanitary working conditions in such clay mines and clay stripping
pits.

Such

the
following
rules

adopted by the chief shall provide that
:

(A)
Distances between break-throughs in clay mines shall not exceed one
hundred feet, unless permission in special cases is granted by the
chief, after maps have been filed with the chief showing the method
of working and ventilating the same, if such distances would add to
increased safety.

(B)
When, in the opinion of the mine foreperson or deputy mine inspector,
line brattices or other approved methods of circulation are necessary
to deliver sufficient air to the working face, they shall be provided
by the owner, operator, or lessee.

(C)
Not more than a two days' supply of explosives shall be stored in a
clay mine at any one time, and not more than one hundred pounds of
explosives shall be stored in any one place at any one time.

(D)
Charges of explosives shall be made up at least one hundred feet away
from any storage place for explosives.

(E)
There shall be no less than two persons in each working place when
shots are being lighted.

(F)
Misfired shots in clay mines shall be posted on the bulletin board or
other conspicuous place available for examination by the workers when
shots are fired by other than the loaders.

(G)
The use of electric blasting caps shall be encouraged as a safety
measure.

The
chief, in assigning deputy mine inspectors, shall designate
inspectors who have had experience and are especially qualified in
clay mining operations, to examine and inspect clay mining operations
and enforce the law relating to such operations.

A
person does not need to be certified by the chief as a clay mine
foreperson to perform the duties of a foreperson at a clay mine or
clay stripping pits. The chief shall not conduct examinations or
issue certificates for clay mine forepersons.

Sec.
1567.35.
No
gasoline, naphtha, kerosene, fuel oil, or gas engine shall be used in
a mine, except for operating pumping machinery where electric,
compressed air, or steam power is not available or cannot be
transmitted to the pump, in which case the owner, lessee, or agent
shall observe the following:

(A)
Notice shall be given to the chief of the division of mineral
resources management before installing, and the installation and
operation shall be subject to the chief's approval.

(B)
No wood or inflammable material shall be permitted within twenty-five
feet of the engine.

(C)
The supply tank from which the gasoline, naphtha, kerosene, or fuel
oil is fed to the engine shall be of metal, with a suitable screw cap
opening, fitted with a gasket, so as to make the tank airtight and
prevent the escape of gas into the atmosphere, and the tank kept free
from leaks.

(D)
The gasoline, naphtha, kerosene, or fuel oil shall be fed from a tank
to the carburetor or mixer by metal tubes securely connected so as to
reduce the possibility of leaks to a minimum.

(E)
The exhaust from the engine shall be conducted by means of metal
pipes into the return air current, so that the combustion fumes will
not enter the workings of the mine where the workers are required to
work, or be conducted in an upcast shaft or slope not used as a means
of ingress or egress or through metal pipes to the surface.

(F)
At no time shall more than five gallons of such gasoline, naphtha,
kerosene, or fuel oil be taken into the mine, including that in the
supply tank.

(G)
No gasoline, naphtha, kerosene, or fuel oil shall be taken into the
mine except in metallic cans, with a screw cap opening at the top,
fitted with a suitable gasket.

(H)
No package, can, or supply tank of an engine, containing gasoline,
naphtha, kerosene, or fuel oil, shall be opened until ready to make
the transfer from the package or can to the supply tank, and in
transferring, a funnel shall be used so as to avoid spilling the
gasoline, naphtha, kerosene, or fuel oil, and the cap on the supply
tank shall be immediately closed.

(I)
In no case shall the package, can, or supply tank be opened when an
open light or other thing containing fire is within twenty-five feet
of the same, provided that subject to the approval of the chief, the
restrictions in the use of fuel oil in a mine shall not apply to
mobile or portable machinery, if the mobile or portable machinery is
used in a clay, limestone, shale, or any other mine not a coal mine.

Nothing
in this section shall be construed to prohibit or impede the use of
diesel equipment in an underground coal mine, provided that the chief
approves the use of the equipment in underground mines and the
equipment satisfies requirements established in rules adopted by the
chief
under
section 1513.02 of the Revised Code
governing
the use of diesel equipment in underground mines.

No
owner, lessee, agent, or operator of a mine shall violate this
section.

Sec.
1571.18.
After
June 30, 2010, and not later than the thirty-first day of March each
year, the owner of a well that is used for gas storage or of a well
that is used to monitor a gas storage reservoir and that is located
in a reservoir protective area shall pay to the chief of the division
of oil and gas resources management a gas storage well regulatory fee
of one hundred twenty-five dollars for each well that the owner owned
as of the thirty-first day of December of the previous year for the
purposes of administering this chapter and Chapter 1509. of the
Revised Code. The chief may prescribe and provide a form for the
collection of the fee imposed by this section

and may adopt rules in accordance with Chapter 119. of the Revised
Code that are necessary for the administration of this section
.

All
money collected under this section shall be deposited in the state
treasury to the credit of the oil and gas well fund created in
section 1509.02 of the Revised Code.

Sec.
1707.20.
(A)(1)
The division of securities may adopt, amend, and rescind such
rules,

forms
,

and orders as are necessary to carry out sections 1707.01 to 1707.50
of the Revised Code, including
rules
and
forms
governing registration statements, applications, and reports
,
and defining any terms, whether or not used in sections 1707.01 to
1707.50 of the Revised Code, insofar as the definitions are not
inconsistent with these sections
.
For the purpose of
rules
and
forms,
the division may classify securities, persons, and matters within its
jurisdiction, and prescribe different requirements for different
classes.

(2)
Notwithstanding sections 121.71 to 121.75 of the Revised Code, the
division may incorporate by reference into its rules any statute
enacted by the United States congress or any rule, regulation, or
form promulgated by the securities and exchange commission, or by
another federal agency, in a manner that also incorporates all future
amendments to the statute, rule, regulation, or form.

(B)
No rule, form, or order may be made, amended, or rescinded unless the
division finds that the action is necessary or appropriate in the
public interest or for the protection of investors, clients,
prospective clients, state retirement systems, or the workers'
compensation system and consistent with the purposes fairly intended
by the policy and provisions of sections 1707.01 to 1707.50 of the
Revised Code. In prescribing rules and forms and in otherwise
administering sections 1707.01 to 1707.50 of the Revised Code, the
division may cooperate with the securities administrators of the
other states and the securities and exchange commission with a view
of effectuating the policy of this section to achieve maximum
uniformity in the form and content of registration statements,
applications, reports, and overall securities regulation wherever
practicable.

(C)
The division may by rule or order prescribe:

(1)
The form and content of financial statements required under sections
1707.01 to 1707.50 of the Revised Code;

(2)
The circumstances under which consolidated financial statements will
be filed;

(3)
Whether any required financial statements shall be certified by
independent or certified public accountants. All financial statements
shall be prepared in accordance with generally accepted accounting
practices.

(D)
All rules and forms of the division shall be published; and in
addition to fulfilling the requirements of Chapter 119. of the
Revised Code, the division shall prescribe, and shall publish and
make available its rules regarding the sale of securities, the
administration of sections 1707.01 to 1707.50 of the Revised Code,
and the procedure and practice before the division.

(E)(1)
No provision of sections 1707.01 to 1707.50 of the Revised Code
imposing any liability applies to any act done or omitted in good
faith in conformity with any rule, form, or order of the division of
securities, notwithstanding that the rule, form, or order may later
be amended or rescinded or be determined by judicial or other
authority to be invalid for any reason, except that the issuance of
an order granting effectiveness to a registration under section
1707.09 or 1707.091 of the Revised Code for the purposes of this
division shall not be deemed an order other than as the establishment
of the fact of registration.

(2)
No provision of sections 1707.01 to 1707.50 of the Revised Code
imposing any liability, penalty, sanction, or disqualification
applies to any act done or omitted in good faith in conformity with
either of the following:

(a)
Any provision of sections 1707.01 to 1707.50 of the Revised Code that
incorporates by reference a federal statute, rule, regulation, or
form;

(b)
Any rule, form, or order of the division that incorporates by
reference a federal statute, rule, regulation, or form.

Division
(E)(2) of this section applies notwithstanding that the incorporation
by reference, or any application of the incorporated provision, is
later determined by judicial or other authority to be
unconstitutional or invalid for any reason.

Sec.
1707.471.
(A)
A person that is eligible for a restitution assistance award under
section 1707.47 of the Revised Code may submit an application for
restitution assistance to the division in a manner and form
prescribed by the division of securities.

(B)
To receive a restitution assistance award, the claimant shall submit
an application to the division within one hundred eighty days after
the date of the final order. The division may grant an extension for
good cause shown by the claimant. In no case shall the division
accept an application that is received more than two years after the
date of the final order.

(C)
The maximum award from the Ohio investor recovery fund created in
section 1707.47 of the Revised Code for each claimant shall be the
lesser of twenty-five thousand dollars or twenty-five per cent of the
amount of monetary injury suffered by the victim as specified in the
final order.

(D)
The state is subrogated to the rights of the person awarded
restitution assistance under section 1707.47 of the Revised Code to
the extent of the award. The subrogation rights are against the
person that committed the securities violation or a person liable for
the pecuniary loss.

(E)
The state may obtain a lien on the restitution assistance award in a
separation action brought by the state or through state intervention
in an action brought by or on behalf of the victim.

(F)(1)
No claimant shall knowingly file or cause to be filed an application
for restitution assistance or documents supporting the application
that contain false, incomplete, or misleading information in any
material respect.

(2)
A claimant that violates division (F)(1) of this section shall
forfeit all restitution assistance provided from the fund and shall
be fined not more than ten thousand dollars by the division.

(3)
Notwithstanding section 1707.28 of the Revised Code, a proceeding to
determine whether a violation of division (F)(1) of this section
occurred shall be commenced not later than two years after the date
on which the division discovered the violation or through reasonable
diligence should have discovered the violation, whichever is earlier.

(G)
The division shall adopt rules
as
necessary to implement sections 1707.47 and 1707.471 of the Revised
Code, including rules
governing
the processes for both of the following:

(1)
Reviewing applications for restitution assistance awards;

(2)
Suspending awards or making a prorated payment of awards when the
fund balance approaches or reaches a balance below two hundred fifty
thousand dollars.

Sec.
1711.06.
(A)
Prior to the first day of December of each year, the director of
agriculture shall set a date in January of the following year, on
which the director shall meet with the presidents or other authorized
delegates of agricultural societies which conduct fairs in compliance
with this chapter and regulations of the department of agriculture.
At such meeting the director shall consult with such presidents and
delegates about the wants, prospects, and conditions of agricultural
societies throughout the state.

(B)
Each society shall prepare and deliver an annual report to the
director at or before each meeting required by division (A) of this
section.

(C)
The director shall do both of the following:

(1)
Notify the president and the secretary of each society of the date of
the annual meeting at least thirty days prior to the meeting;

(2)
Adopt rules in accordance with Chapter 119. of the Revised Code that
provide for
both
of the following:

(a)
A
a

uniform
method for the election of the directors and officers of all
agricultural societies that receive any support out of the state or
county treasuries, except the date for holding the election
;

(b)
Any other rules that the director determines are necessary to carry
out this chapter.

(D)
Except for section 1711.11 of the Revised Code, references made in
this chapter to rules adopted by the director mean rules adopted
under division (C) of this section
.

Sec.
1711.11.
(A)
No person shall operate any concession at any fair or exposition
conducted by a county or independent agricultural society or by the
Ohio expositions commission without first obtaining from the director
of agriculture a license to do so under division (B) of this section,
nor shall any officer, agent, or employee of a county or independent
agricultural society or of the Ohio expositions commission grant a
privilege or concession to any person to do so, unless the person
holds a license.

For
the purposes of this section, "concession" means any show,
amusement other than an amusement ride as defined in section 993.01
of the Revised Code, game, or novelty stand operation at a fair or
exposition, but does not include food or drink operations.

(B)
The director shall issue a license only upon a written application
containing a detailed description of the concession. The director
shall prepare and furnish blank applications for licenses.

(C)
The director shall not issue a license until the applicant has paid a
fee of seventy dollars to the director. However, the director shall
not collect a fee from a nonprofit organization that is recorded as
such by the secretary of state or with the internal revenue service.
The director shall pay the fee into the state treasury to the credit
of the amusement ride inspection fund established by section 993.04
of the Revised Code.

(D)
The director shall include on a license issued under this section a
detailed description of the concession licensed. A license expires on
the thirty-first day of December following the date of issue. A
licensee shall keep the license in a conspicuous place where the
licensee's concession is in operation.

(E)(1)
The director shall employ and provide training for a chief inspector
and additional inspectors and employees as necessary to administer
and enforce this section. The director may appoint or contract with
other persons to perform inspections of concessions, provided that
the persons meet the qualifications for inspectors established by
rules adopted under division (G) of this section and are not owners
or employees of owners of any concession subject to inspection under
this section. No person shall inspect a concession who, within six
months prior to the date of inspection, was an employee of the owner
of the concession.

(2)
Before the director contracts with other persons to inspect
concessions, the director shall seek the advice of the advisory
council on amusement ride safety on whether to contract with those
persons. The advice is not binding upon the director. After receiving
the advice of the council, the director may proceed to contract for
amusement ride inspectors and award the contract to the lowest
responsive and responsible bidder in accordance with section 9.312 of
the Revised Code. In order to determine the lowest responsive and
responsible bid, the director, with the advice of the council, shall
adopt rules governing the terms of the contract between the
department of agriculture and the inspector. The rules shall
prescribe the training and work experience required of an inspector,
any insurance or bonds required of an inspector, and all the services
the inspector will be required to perform on behalf of the department
in an efficient professional manner.

(F)
This section does not require the officers of any county or
independent agricultural society or of the Ohio expositions
commission to grant any privilege or concession to any licensee.

(G)
The director shall enforce this section and, in accordance with
Chapter 119. of the Revised Code, adopt
all

rules

that
are necessary for its enforcement
for
the qualifications of inspectors employed and trained under division
(E) of this section
.
If the director finds that this section has been violated or that the
licensee has been dishonest or has been fraudulent in dealings with
the public, the director, in accordance with Chapter 119. of the
Revised Code, shall revoke the licensee's license or fine the
licensee not more than one thousand dollars, or both. The director,
for a period not exceeding two years from the date of revocation, may
refuse to issue another license to a person for a concession for
which the person's license has been revoked. Notwithstanding section
119.12 of the Revised Code, all appeals from any fine by, or order
of, the director shall be to the court of common pleas of the county
where the place of business of the person is located or to the common
pleas court of the county in which the person is a resident or in
which the concession is located.

(H)
Any person holding a license issued under this section who permits or
tolerates at any place on the fairground where the person's
concession is in operation, any immoral show, lottery device, game of
chance, or gambling of any kind, including pool selling and paddle
wheels, or who violates the terms of the license issued to the
person, shall forfeit the license, and the director shall not issue
any other license to the person until after a period of two years
from the forfeiture. For the purposes of this division, "lottery
device," "game of chance," and "gambling of any
kind" do not include the sale of lottery tickets by the state
lottery commission pursuant to Chapter 3770. of the Revised Code at
the state fairground during the state fair. For the purposes of this
section and section 1711.09 of the Revised Code, contests, games,
tournaments, and other activities, the outcome of which is
predominantly determined by the skill of the contestants,
participants, or players, whether or not the contestants,
participants, or players pay a price for the opportunity to win a
prize, do not constitute a game of chance or gambling within the
meaning, purpose, and intent of this section and section 1711.09 of
the Revised Code or sections 2915.01 to 2915.04 of the Revised Code.
The foregoing definition does not apply where the contest, game,
tournament, or other activity contains or includes any mechanical or
physical device which directly or indirectly impedes, impairs, or
thwarts the skill of the contestant, participant, or player.

Sec.
1733.22.
(A)
A credit union may provide, at its expense, a director or committee
member reasonable health, accident, and related types of personal
insurance protection. A director or committee member is entitled,
subject to rules adopted under section 1733.411 of the Revised Code
and when so authorized by the board of directors, to reimbursement
for the director's or committee member's expenses incurred in
connection with the business of the credit union.

(B)
A credit union may provide any of the following to its

directors
and supervisory audit committee members:

(1)
Reasonable compensation for their service as directors or supervisory
audit committee members;

(2)
Gifts of minimal value;

(3)
Insurance coverage or other benefits that are available to employees
generally;

(4)
Reimbursement for reasonable expenses incurred on behalf of
themselves and their spouses in the performance of their duties as
directors or supervisory audit committee members.

(C)
The superintendent of financial institutions may, in accordance with
Chapter 119. of the Revised Code, adopt any rule necessary for the
implementation of this section.

Sec.
1733.41.
In
addition to the specific authority given the superintendent of credit
unions by other sections of this chapter, the superintendent may from
time to time make, issue, amend, and rescind
such
rules and orders as he

may
consider necessary or appropriate to further the purposes of this
chapter or to protect the public interest, including
rules
defining accounting, technical, trade, and other terms,

whether or not used in this chapter,

insofar as such rules do not contradict this chapter. Without
limiting
his
the
superintendent's

power under this chapter, the superintendent may specify terms to be
included in the articles or code of regulations of credit unions,
requirements for notice of meetings of members, required and
prohibited practices related to solicitation of proxies, limitations
on credit unions' borrowing and lending practices, including loans to
credit union employees, the form of and practices used in accounting
for credit unions, including the form of financial statements and
other records kept, the character of investments credit unions may
make, and the operation of a credit union in dissolving or
liquidating or petitioning for reorganization.
The
superintendent shall not prescribe uniform rules or provisions in
regulations without due regard for the differences among credit
unions. For the purpose of his rules, the superintendent may classify
credit unions, persons, and matters within his jurisdiction and
prescribed different requirements for different classes of credit
unions, persons, or matters.
Rules
promulgated pursuant to this section shall be made subject to
sections 119.01 to 119.13 of the Revised Code.

Sec.
1739.05.
(A)
A multiple employer welfare arrangement that is created pursuant to
sections 1739.01 to 1739.22 of the Revised Code and that operates a
group self-insurance program may be established only if any of the
following applies:

(1)
The arrangement has and maintains a minimum enrollment of three
hundred employees of two or more employers.

(2)
The arrangement has and maintains a minimum enrollment of three
hundred self-employed individuals.

(3)
The arrangement has and maintains a minimum enrollment of three
hundred employees or self-employed individuals in any combination of
divisions (A)(1) and (2) of this section.

(B)
A multiple employer welfare arrangement that is created pursuant to
sections 1739.01 to 1739.22 of the Revised Code and that operates a
group self-insurance program shall comply with all laws applicable to
self-funded programs in this state, including sections 3901.04,
3901.041, 3901.19 to 3901.26, 3901.38, 3901.381 to 3901.3814,
3901.40, 3901.45, 3901.46, 3901.491, 3902.01 to 3902.14, 3923.041,
3923.24, 3923.282, 3923.30, 3923.301, 3923.38, 3923.602, 3923.63,
3923.80, 3923.84, 3923.85, 3923.851, 3923.86, 3923.87, 3923.89,
3923.90, 3924.031, 3924.032, and 3924.27 of the Revised Code.

(C)
A multiple employer welfare arrangement created pursuant to sections
1739.01 to 1739.22 of the Revised Code shall solicit enrollments only
through agents or solicitors licensed pursuant to Chapter 3905. of
the Revised Code to sell or solicit sickness and accident insurance.

(D)
A multiple employer welfare arrangement created pursuant to sections
1739.01 to 1739.22 of the Revised Code shall provide benefits only to
individuals who are members, employees of members, or the dependents
of members or employees, or are eligible for continuation of coverage
under section 1751.53 or 3923.38 of the Revised Code or under Title X
of the "Consolidated Omnibus Budget Reconciliation Act of 1985,"
100 Stat. 227, 29 U.S.C.A. 1161, as amended.

(E)
A multiple employer welfare arrangement created pursuant to sections
1739.01 to 1739.22 of the Revised Code is subject to, and shall
comply with, sections 3903.81 to
3903.93

3903.92

of
the Revised Code in the same manner as other life or health insurers,
as defined in section 3903.81 of the Revised Code.

Sec.
1739.18.
(A)

A
multiple employer welfare arrangement operating a group
self-insurance program shall contract only with a third-party
administrator that meets all of the following conditions:

(A)
(1)

The third-party administrator has and maintains a fidelity bond as
required by the "Employee Retirement Income Security Act of
1974," 88 Stat. 829, 29 U.S.C.A. 1001, as amended.

(B)
(2)

The third-party administrator has and maintains errors and omissions
coverage or other appropriate liability insurance in an amount set
forth in rules adopted by the superintendent. The arrangement shall
file with the superintendent a certificate of the insurer or other
appropriate evidence of such coverage or insurance.

(C)
(3)

The third-party administrator maintains an office in this state for
the payment, processing, adjustment, and settlement of the claims of
the arrangement.

(B)
The superintendent of insurance shall adopt rules setting the amount
of errors and omissions coverage or other appropriate liability
insurance required under division (A)(2) of this section.

Sec.
1751.72.
(A)
As used in this section:

(1)
"Chronic condition" means a medical condition that has
persisted after reasonable efforts have been made to relieve or cure
its cause and has continued, either continuously or episodically, for
longer than six continuous months.

(2)
"Clinical peer" means a health care practitioner in the
same, or in a similar, specialty that typically manages the medical
condition, procedure, or treatment under review.

(3)
"Covered person" means a person receiving coverage for
health services under a policy, contract, or agreement issued by a
health insuring corporation.

(4)
"Emergency services" has the same meaning as in section
1753.28 of the Revised Code.

(5)
"Fraudulent or materially incorrect information" means any
type of intentional deception or misrepresentation made by a person
with the knowledge that the deception could result in some
unauthorized benefit to the covered person in question.

(6)
"Health care practitioner" has the same meaning as in
section 3701.74 of the Revised Code.

(7)
"NCPDP SCRIPT standard" means the national council for
prescription drug programs SCRIPT standard version 201310 or the most
recent standard adopted by the the United States department of health
and human services.

(8)
"Prior authorization requirement" means any practice
implemented by a health insuring corporation in which coverage of a
health care service, device, or drug is dependent upon a covered
person or a health care practitioner obtaining approval from the
health insuring corporation prior to the service, device, or drug
being performed, received, or prescribed, as applicable. "Prior
authorization" includes prospective or utilization review
procedures conducted prior to providing a health care service,
device, or drug.

(9)
"Urgent care services" means a medical care or other
service for a condition where application of the timeframe for making
routine or non-life threatening care determinations is either of the
following:

(a)
Could seriously jeopardize the life, health, or safety of the patient
or others due to the patient's psychological state;

(b)
In the opinion of a practitioner with knowledge of the patient's
medical or behavioral condition, would subject the patient to adverse
health consequences without the care or treatment that is the subject
of the request.

(10)
"Utilization review" and "utilization review
organization" have the same meanings as in section 1751.77 of
the Revised Code.

(B)
If a policy, contract, or agreement issued by a health insuring
corporation contains a prior authorization requirement, then all of
the following apply:

(1)
On or before January 1, 2018, the health insuring corporation shall
permit health care practitioners to access the prior authorization
form through the applicable electronic software system.

(2)(a)
For policies issued on or after January 1, 2018, the health insuring
corporation or other payer acting on behalf of the health insuring
corporation, shall accept prior authorization requests through a
secure electronic transmission.

(b)
For policies issued on or after January 1, 2018, the health insuring
corporation, a pharmacy benefit manager responsible for handling
prior authorization requests, or other payer acting on behalf of the
health insuring corporation shall accept and respond to prior
prescription benefit authorization requests through a secure
electronic transmission using NCPDP SCRIPT standard ePA transactions,
and for prior medical benefit authorization requests through a secure
electronic transmission using standards established by the council
for affordable quality health care on operating rules for information
exchange or its successor.

(c)
For purposes of division (B)(2) of this section, neither of the
following shall be considered a secure electronic transmission:

(i)
A facsimile;

(ii)
A proprietary payer portal for prescription drug requests that does
not use NCPDP SCRIPT standard.

(3)
For policies issued on or after January 1, 2018, a health care
practitioner and health insuring corporation may enter into a
contractual arrangement under which the health insuring corporation
agrees to process prior authorization requests that are not submitted
electronically because of the financial hardship that electronic
submission of prior authorization requests would create for the
health care practitioner or if internet connectivity is limited or
unavailable where the health care practitioner is located.

(4)(a)
For policies issued on or after January 1, 2018, if the health care
practitioner submits the request for prior authorization as described
in divisions (B)(1) and (2) of this section, the health insuring
corporation shall respond to all prior authorization requests within
forty-eight hours for urgent care services, or ten calendar days for
any prior authorization request that is not for an urgent care
service, of the time the request is received by the health insuring
corporation. Division (B)(4) of this section does not apply to
emergency services.

(b)
The response required under division (B)(4)(a) of this section shall
indicate whether the request is approved or denied. If the prior
authorization is denied, the health insuring corporation shall
provide the specific reason for the denial.

(c)
If the prior authorization request is incomplete, the health insuring
corporation shall indicate the specific additional information that
is required to process the request.

(5)(a)
For policies issued on or after January 1, 2018, if a health care
practitioner submits a prior authorization request as described in
divisions (B)(1) and (2) of this section, the health insuring
corporation shall provide an electronic receipt to the health care
practitioner acknowledging that the prior authorization request was
received.

(b)
For policies issued on or after January 1, 2018, if a health insuring
corporation requests additional information that is required to
process a prior authorization request as described in division
(B)(4)(c) of this section, the health care practitioner shall provide
an electronic receipt to the health insuring corporation
acknowledging that the request for additional information was
received.

(6)(a)
For policies issued on or after January 1, 2017, for a prior approval
related to a chronic condition, the health insuring corporation shall
honor a prior authorization approval for an approved drug for the
lesser of the following from the date of the approval:

(i)
Twelve months;

(ii)
The last day of the covered person's eligibility under the policy,
contract, or agreement.

(b)
The duration of all other prior authorization approvals shall be
dictated by the policy, contract, or agreement issued by the health
insuring corporation.

(c)
A health insuring corporation may, in relation to a prior approval
under division (B)(6)(a) of this section, require a health care
practitioner to submit information to the health insuring corporation
indicating that the patient's chronic condition has not changed.

(i)
The request for information by the health insuring corporation and
the response by the health care practitioner shall be in an
electronic format, which may be by electronic mail or other
electronic communication.

(ii)
The frequency of the submission of requested information shall be
consistent with medical or scientific evidence as defined in section
3922.01 of the Revised Code, but shall not be required more
frequently than quarterly.

(iii)
If the health care practitioner does not respond within five calendar
days from the date the request was received, the health insuring
corporation may terminate the twelve-month approval.

(d)
A twelve-month approval provided under division (B)(6)(a) of this
section is no longer valid and automatically terminates if there are
changes to federal or state laws or federal regulatory guidance or
compliance information prescribing that the drug in question is no
longer approved or safe for the intended purpose.

(e)
A twelve-month approval provided under division (B)(6)(a) of this
section does not apply to and is not required for any of the
following:

(i)
Medications that are prescribed for a non-maintenance condition;

(ii)
Medications that have a typical treatment of less than one year;

(iii)
Medications that require an initial trial period to determine
effectiveness and tolerability, beyond which a one-year, or greater,
prior authorization period will be given;

(iv)
Medications where there is medical or scientific evidence as defined
in section 3922.01 of the Revised Code that do not support a
twelve-month prior approval;

(v)
Medications that are a schedule I or II controlled substance or any
opioid analgesic or benzodiazepine, as defined in section 3719.01 of
the Revised Code;

(vi)
Medications that are not prescribed by an in-network provider as part
of a care management program.

(7)
For policies issued on or after January 1, 2017, a health insuring
corporation may, but is not required to, provide the twelve-month
approval prescribed in division (B)(6)(a) of this section for a
prescription drug that meets either of the following:

(a)
The drug is prescribed or administered to treat a rare medical
condition and pursuant to medical or scientific evidence as defined
in section 3922.01 of the Revised Code.

(b)
Medications that are controlled substances not included in division
(B)(6)(e)(v) of this section.

For
purposes of division (B)(7) of this section, "rare medical
condition" means any disease or condition that affects fewer
than two hundred thousand individuals in the United States.

(8)
Nothing in division (B)(6) or (7) of this section prohibits the
substitution, in accordance with section 4729.38 of the Revised Code,
of any drug that has received a twelve-month approval under division
(B)(6)(a) of this section when there is a release of either of the
following:

(a)
A United States food and drug administration approved comparable
brand product or a generic counterpart of a brand product that is
listed as therapeutically equivalent in the United States food and
drug administration's publication titled approved drug products with
therapeutic equivalence evaluations;

(b)
An interchangeable biological product, as defined in section 3715.01
of the Revised Code.

(9)(a)
For policies issued on or after January 1, 2017, upon written
request, a health insuring corporation shall permit a retrospective
review for a claim that is submitted for a service where prior
authorization was required but not obtained if the service in
question meets all of the following:

(i)
The service is directly related to another service for which prior
approval has already been obtained and that has already been
performed.

(ii)
The new service was not known to be needed at the time the original
prior authorized service was performed.

(iii)
The need for the new service was revealed at the time the original
authorized service was performed.

(b)
Once the written request and all necessary information is received,
the health insuring corporation shall review the claim for coverage
and medical necessity. The health insuring corporation shall not deny
a claim for such a new service based solely on the fact that a prior
authorization approval was not received for the new service in
question.

(10)(a)
For policies issued on or after January 1, 2017, the health insuring
corporation shall disclose to all participating health care
practitioners any new prior authorization requirement at least thirty
days prior to the effective date of the new requirement.

(b)
The notice may be sent via electronic mail or standard mail and shall
be conspicuously entitled "Notice of Changes to Prior
Authorization Requirements." The notice is not required to
contain a complete listing of all changes made to the prior
authorization requirements, but shall include specific information on
where the health care practitioner may locate the information on the
health insuring corporation's web site or, if applicable, the health
insuring corporation's portal.

(c)
All participating health care practitioners shall promptly notify the
health insuring corporation of any changes to the health care
practitioner's electronic mail or standard mail address.

(11)(a)
For policies issued on or after January 1, 2017, the health insuring
corporation shall make available to all participating health care
practitioners on its web site or provider portal a listing of its
prior authorization requirements, including specific information or
documentation that a practitioner must submit in order for the prior
authorization request to be considered complete.

(b)
The health insuring corporation shall make available on its web site
information about the policies, contracts, or agreements offered by
the health insuring corporation that clearly identifies specific
services, drugs, or devices to which a prior authorization
requirement exists.

(12)
For policies issued on or after January 1, 2018, the health insuring
corporation shall establish a streamlined appeal process relating to
adverse prior authorization determinations that shall include all of
the following:

(a)
For urgent care services, the appeal shall be considered within
forty-eight hours after the health insuring corporation receives the
appeal.

(b)
For all other matters, the appeal shall be considered within ten
calendar days after the health insuring corporation receives the
appeal.

(c)
The appeal shall be between the health care practitioner requesting
the service in question and a clinical peer.

(d)
If the appeal does not resolve the disagreement, either the covered
person or an authorized representative as defined in section 3922.01
of the Revised Code may request an external review under Chapter
3922. of the Revised Code to the extent Chapter 3922. of the Revised
Code is applicable.

(C)
For policies issued on or after January 1, 2017, except in cases of
fraudulent or materially incorrect information, a health insuring
corporation shall not retroactively deny a prior authorization for a
health care service, drug, or device when all of the following are
met:

(1)
The health care practitioner submits a prior authorization request to
the health insuring corporation for a health care service, drug, or
device.

(2)
The health insuring corporation approves the prior authorization
request after determining that all of the following are true:

(a)
The patient is eligible under the health benefit plan.

(b)
The health care service, drug, or device is covered under the
patient's health benefit plan.

(c)
The health care service, drug, or device meets the health insuring
corporation's standards for medical necessity and prior
authorization.

(3)
The health care practitioner renders the health care service, drug,
or device pursuant to the approved prior authorization request and
all of the terms and conditions of the health care practitioner's
contract with the health insuring corporation.

(4)
On the date the health care practitioner renders the prior approved
health care service, drug, or device, all of the following are true:

(a)
The patient is eligible under the health benefit plan.

(b)
The patient's condition or circumstances related to the patient's
care has not changed.

(c)
The health care practitioner submits an accurate claim that matches
the information submitted by the health care practitioner in the
approved prior authorization request.

(5)
If the health care practitioner submits a claim that includes an
unintentional error and the error results in a claim that does not
match the information originally submitted by the health care
practitioner in the approved prior authorization request, upon
receiving a denial of services from the health insuring corporation,
the health care practitioner may resubmit the claim pursuant to
division (C) of this section with the information that matches the
information included in the approved prior authorization.

(D)
Any provision of a contractual arrangement entered into between a
health insuring corporation and a health care practitioner or
beneficiary that is contrary to divisions (A) to (C) of this section
is unenforceable.

(E)
For policies issued on or after January 1, 2017, committing a series
of violations of this section that, taken together, constitute a
practice or pattern shall be considered an unfair and deceptive
practice under sections 3901.19 to 3901.26 of the Revised Code.

(F)
The superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code
as
necessary to implement the provisions of this section
defining
a medicare supplement policy of insurance
.

(G)
This section does not apply to any of the following types of
coverage: a policy, contract, certificate, or agreement that covers
only a specified accident, accident only, credit, dental, disability
income, long-term care, hospital indemnity, supplemental coverage as
described in section 3923.37 of the Revised Code, specified disease,
or vision care; a dental benefit that is offered as a part of a
policy, contract, certificate, or agreement offered by a health
insuring corporation; coverage issued as a supplement to liability
insurance; insurance arising out of workers' compensation or similar
law; automobile medical payment insurance; insurance under which
benefits are payable with or without regard to fault and which is
statutorily required to be contained in any liability insurance
policy or equivalent self-insurance; a medicare supplement policy of
insurance as defined by the superintendent of insurance by rule;
coverage under a plan through medicare or the federal employees
benefit program; or any coverage issued under Chapter 55 of Title 10
of the United States Code and any coverage issued as a supplement to
that coverage.

Sec.
1753.09.
(A)
Except as provided in division (D) of this section, prior to
terminating the participation of a provider on the basis of the
participating provider's failure to meet the health insuring
corporation's standards for quality or utilization in the delivery of
health care services, a health insuring corporation shall give the
participating provider notice of the reason or reasons for its
decision to terminate the provider's participation and an opportunity
to take corrective action. The health insuring corporation shall
develop a performance improvement plan in conjunction with the
participating provider. If after being afforded the opportunity to
comply with the performance improvement plan, the participating
provider fails to do so, the health insuring corporation may
terminate the participation of the provider.

(B)(1)
A participating provider whose participation has been terminated
under division (A) of this section may appeal the termination to the
appropriate medical director of the health insuring corporation. The
medical director shall give the participating provider an opportunity
to discuss with the medical director the reason or reasons for the
termination.

(2)
If a satisfactory resolution of a participating provider's appeal
cannot be reached under division (B)(1) of this section, the
participating provider may appeal the termination to a panel composed
of participating providers who have comparable or higher levels of
education and training than the participating provider making the
appeal. A representative of the participating provider's specialty
shall be a member of the panel, if possible. This panel shall hold a
hearing, and shall render its recommendation in the appeal within
thirty days after holding the hearing. The recommendation shall be
presented to the medical director and to the participating provider.

(3)
The medical director shall review and consider the panel's
recommendation before making a decision. The decision rendered by the
medical director shall be final.

(C)
A provider's status as a participating provider shall remain in
effect during the appeal process set forth in division (B) of this
section unless the termination was based on any of the reasons listed
in division (D) of this section.

(D)
Notwithstanding division (A) of this section, a provider's
participation may be immediately terminated if the participating
provider's conduct presents an imminent risk of harm to an enrollee
or enrollees; or if there has occurred unacceptable quality of care,
fraud, patient abuse, loss of clinical privileges, loss of
professional liability coverage, incompetence, or loss of authority
to practice in the participating provider's field; or if a
governmental action has impaired the participating provider's ability
to practice.

(E)
Divisions (A) to (D) of this section apply only to providers who are
natural persons.

(F)(1)
Nothing in this section prohibits a health insuring corporation from
rejecting a provider's application for participation, or from
terminating a participating provider's contract, if the health
insuring corporation determines that the health care needs of its
enrollees are being met and no need exists for the provider's or
participating provider's services.

(2)
Nothing in this section shall be construed as prohibiting a health
insuring corporation from terminating a participating provider who
does not meet the terms and conditions of the participating
provider's contract.

(3)
Nothing in this section shall be construed as prohibiting a health
insuring corporation from terminating a participating provider's
contract pursuant to any provision of the contract described in
division (G)(2) of section 3963.02 of the Revised Code, except that,
notwithstanding any provision of a contract described in that
division, this section applies to the termination of a participating
provider's contract for any of the causes described in divisions (A),
(D), and (F)(1) and (2) of this section.

(G)
The superintendent of insurance may adopt rules as necessary to
implement and enforce sections 1753.06, 1753.07, and 1753.09 of the
Revised Code. Such rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
1753.31.
As
used in sections 1753.31 to
1753.43

1753.42

of
the Revised Code:

(A)
"Adjusted RBC report" means an RBC report that has been
adjusted by the superintendent of insurance in accordance with
division (C) of section 1753.32 of the Revised Code.

(B)
"Authorized control level RBC" means the number determined
under the risk-based capital formula in accordance with the RBC
instructions.

(C)
"Company action level RBC" means the product of 2.0 and a
health insuring corporation's authorized control level RBC.

(D)
"Corrective order" means an order issued by the
superintendent of insurance specifying corrective actions that the
superintendent determines are required.

(E)
"Domestic health insuring corporation" means a health
insuring corporation domiciled in this state.

(F)
"Foreign health insuring corporation" means a health
insuring corporation holding a certificate of authority under chapter
1751. of the Revised Code that is domiciled outside of this state.

(G)
"Mandatory control level RBC" means the product of.70 and a
health insuring corporation's authorized control level RBC.

(H)
"NAIC" means the national association of insurance
commissioners.

(I)
"Net worth" means statutory capital and surplus.

(J)
"RBC" means risk-based capital.

(K)
"RBC instructions" means the RBC report, including
risk-based capital instructions, as adopted by the NAIC and as
amended by the NAIC from time to time in accordance with the
procedures adopted by the NAIC. "RBC instructions" also
includes any modifications adopted by the superintendent of
insurance, as the superintendent considers to be necessary.

(L)
"RBC level" means a health insuring corporation's action
level RBC, regulatory action level RBC, authorized control level RBC,
or mandatory control level RBC.

(M)
"RBC plan" means a comprehensive financial plan containing
the elements specified in division (B) of section 1753.33 of the
Revised Code.

(N)
"RBC report" means the report required by section 1753.32
of the Revised Code.

(O)
"Regulatory action level RBC" means the product of 1.5 and
a health insuring corporation's authorized control level RBC.

(P)
"Revised RBC plan" means an RBC plan rejected by the
superintendent of insurance and then revised by a health insuring
corporation with or without incorporating the superintendent's
recommendations.

(Q)
"Total adjusted capital" means the sum of both of the
following:

(1)
A health insuring corporation's net worth as determined in accordance
with the statutory accounting applicable to the annual financial
statements required to be filed under section 1751.32 of the Revised
Code;

(2)
Such other items, if any, as the RBC instructions may provide.

Sec.
1753.32.
(A)
Each domestic health insuring corporation shall, on or prior to the
first day of March of every year, prepare and submit to the
superintendent of insurance a report on its RBC levels as of the end
of the calendar year just ended, in a form and containing such
information as is required by the RBC instructions. In addition, a
domestic health insuring corporation shall file its RBC report as
follows:

(1)
With the NAIC, in accordance with the RBC instructions;

(2)
With the insurance regulatory authority of any other state in which
the health insuring corporation is authorized to do business, if the
insurance regulatory authority of that state has sent a written
request to the health insuring corporation for the RBC report. The
health insuring corporation shall file an RBC report with the
requesting state no later than the later of:

(a)
Fifteen days after the health insuring corporation's receipt of the
insurance regulatory authority's request for the RBC report;

(b)
Prior to the first day of March.

(B)
A health insuring corporation's RBC levels shall be determined in
accordance with the formula set forth in the RBC instructions. The
formula shall take the following risks into account, and may adjust
for the covariance between these risks, as determined in each case by
applying the factors in the manner set forth in the RBC instructions:

(1)
Asset risk;

(2)
Credit risk;

(3)
Underwriting risk;

(4)
All other business risks and such other relevant risks as are set
forth in the RBC instructions.

(C)
If a domestic health insuring corporation files an RBC report that in
the judgment of the superintendent is inaccurate, the superintendent
shall adjust the RBC report to correct the inaccuracy and then shall
provide a copy of the adjusted RBC report to the health insuring
corporation. The superintendent shall also provide the health
insuring corporation with a statement of the reasons for any
adjustment.

(D)
In enacting sections 1753.31 to
1753.43

1753.42

of
the Revised Code, the general assembly finds all of the following:

(1)
An excess of capital over the amount produced by the risk-based
capital requirements of sections 1753.31 to
1753.43

1753.42

of
the Revised Code, and the formulas, schedules, and instructions
referenced in sections 1753.31 to
1753.43

1753.42

of
the Revised Code, is desirable in the business of insurance.

(2)
Health insuring corporations, accordingly, should seek to maintain
capital above the RBC levels required by sections 1753.31 to
1753.43

1753.42

of
the Revised Code.

(3)
Additional capital is used and is useful in the business of
insurance, helping to secure a health insuring corporation against
various risks inherent in, or affecting, the business of insurance,
which risks are not accounted for or are only partially measured by
the risk-based capital requirements of sections 1753.31 to
1753.43

1753.42

of
the Revised Code.

Sec.
1753.33.
(A)
For purposes of sections 1753.31 to
1753.43

1753.42

of
the Revised Code, a "company action level event" is any of
the following events:

(1)
A health insuring corporation's filing of an RBC report that
indicates that the health insuring corporation's total adjusted
capital is greater than or equal to its regulatory action level RBC
but less than its company action level RBC;

(2)
A health insuring corporation's filing of an RBC report that
indicates that the health insuring corporation's total adjusted
capital is greater than or equal to its company action level RBC but
less than the product of its authorized control level RBC and 3.0,
and that triggers the trend test determined in accordance with the
trend test calculation included in the RBC instructions;

(3)
The notification by the superintendent of insurance to a health
insuring corporation of an adjustment to the health insuring
corporation's RBC report, which adjusted RBC report shows the health
insuring corporation's total adjusted capital within the range
described in division (A)(1) of this section, provided that the
health insuring corporation does not challenge the adjusted RBC
report under section 1753.37 of the Revised Code;

(4)
The notification by the superintendent to a health insuring
corporation, following the hearing required under section 1753.37 of
the Revised Code, that the superintendent has rejected the health
insuring corporation's challenge to an adjusted RBC report showing
the health insuring corporation's total adjusted capital within the
range described in division (A)(1) of this section.

(B)
In the case of a company action level event, the health insuring
corporation shall prepare and submit to the superintendent an RBC
plan that shall do all of the following:

(1)
Identify the conditions that contributed to the company action level
event;

(2)
Contain proposals of corrective actions that the health insuring
corporation intends to take to eliminate the conditions contributing
to the company action level event;

(3)
Provide projections of the health insuring corporation's financial
results in the current year and at least the two succeeding years,
both in the absence of the proposed corrective actions and giving
effect to the proposed corrective actions. The projections shall
include projections of statutory balance sheets, operating income,
net income, capital, surplus, and RBC levels. Projections for both
new and renewal business may include separate projections for each
major line of business, and may separately identify each significant
income, expense, and benefit component of the projection.

(4)
Identify the key assumptions impacting the health insuring
corporation's projections made pursuant to division (B)(3) of this
section, and describe the sensitivity of the projections to the
assumptions;

(5)
Identify the quality of, and problems associated with, the health
insuring corporation's business, including, but not limited to, its
assets, anticipated business growth and associated surplus strain,
extraordinary exposure to risk, mix of business, and the use of
reinsurance, if any, in each case.

(C)
The RBC plan shall be submitted within forty-five days after a
company action level event. However, if a health insuring corporation
has challenged an adjusted RBC report pursuant to section 1753.37 of
the Revised Code, an RBC plan need not be submitted unless the
superintendent rejects the challenge following the hearing required
under section 1753.37 of the Revised Code. If the superintendent
rejects the health insuring corporation's challenge, the RBC plan
shall be submitted within forty-five days after the superintendent's
notification to the health insuring corporation of the
superintendent's rejection of the challenge.

(D)(1)
Within sixty days after a health insuring corporation submits an RBC
plan to the superintendent, the superintendent shall either require
the health insuring corporation to implement the RBC plan or notify
the health insuring corporation that the RBC plan is unsatisfactory
in the judgment of the superintendent. If the superintendent has
determined that the RBC plan is unsatisfactory, the notification to
the health insuring corporation shall set forth the reasons for the
determination, and may set forth proposed revisions that will render
the RBC plan satisfactory in the judgment of the superintendent. Upon
its receipt of such notification from the superintendent, the health
insuring corporation shall prepare and submit a revised RBC plan,
which may incorporate by reference any revisions proposed by the
superintendent.

(2)
If a health insuring corporation challenges, under section 1753.37 of
the Revised Code, a notification by the superintendent that the
health insuring corporation's RBC plan or a revised RBC plan is
unsatisfactory, submission of a revised RBC plan need not be made
unless the superintendent rejects the health insuring corporation's
challenge and notifies the health insuring corporation of this
rejection. A health insuring corporation shall submit a revised RBC
plan to the superintendent within forty-five days after receiving
notification from the superintendent that its RBC plan is
unsatisfactory, or that its challenge to a notification made under
division (D)(1) of this section has been rejected, as applicable.

(E)
Notwithstanding division (D) of this section, if the superintendent
notifies a health insuring corporation that its RBC plan or revised
RBC plan is unsatisfactory, the superintendent may, at the
superintendent's discretion but subject to the health insuring
corporation's right to a hearing under section 1753.37 of the Revised
Code, specify in the notification that the notification constitutes a
regulatory action level event.

(F)
Every domestic health insuring corporation that submits an RBC plan
or revised RBC plan to the superintendent shall file a copy of the
RBC plan or revised RBC plan with the insurance regulatory authority
of every state in which the health insuring corporation is authorized
to do business upon receiving the insurance regulatory authority's
written request for a copy of the plan, if the state has a
confidentiality law substantially similar to section 1753.38 of the
Revised Code. The health insuring corporation shall file the copy in
that state no later than the later of:

(1)
Fifteen days after receiving the request for a copy of the plan;

(2)
The date on which the RBC plan or revised RBC plan is filed pursuant
to division (C) or (D) of this section.

Sec.
1753.34.
(A)
For purposes of sections 1753.31 to
1753.43

1753.42

of
the Revised Code, a "regulatory action level event" is any
of the following events:

(1)
The filing of an RBC report by a health insuring corporation that
indicates that the health insuring corporation's total adjusted
capital is greater than or equal to its authorized control level RBC
but less than its regulatory action level RBC;

(2)
The notification by the superintendent of insurance to a health
insuring corporation of an adjustment to the health insuring
corporation's RBC report, which adjusted RBC report shows the health
insuring corporation's total adjusted capital within the range
described in division (A)(1) of this section, provided that the
health insuring corporation does not challenge the adjusted RBC
report under section 1753.37 of the Revised Code;

(3)
The notification by the superintendent to a health insuring
corporation, following the hearing required under section 1753.37 of
the Revised Code, that the superintendent has rejected the health
insuring corporation's challenge to an adjusted RBC report showing
the health insuring corporation's total adjusted capital within the
range described in division (A)(1) of this section;

(4)
The failure of a health insuring corporation to file an RBC report by
the first day of March of every year, unless the health insuring
corporation has provided an explanation for such failure that is
satisfactory to the superintendent and has cured the failure within
ten days after the filing date;

(5)
The failure of a health insuring corporation to submit an RBC plan to
the superintendent within the time period set forth in division (C)
of section 1753.33 of the Revised Code;

(6)
The notification by the superintendent to a health insuring
corporation of both of the following:

(a)
The RBC plan or revised RBC plan submitted by the health insuring
corporation is unsatisfactory in the judgment of the superintendent;

(b)
The notification by the superintendent constitutes a regulatory
action level event with respect to the health insuring corporation,
provided that the health insuring corporation does not challenge the
determination under section 1753.37 of the Revised Code.

(7)
The notification by the superintendent to a health insuring
corporation, following the hearing required under section 1753.37 of
the Revised Code, that the superintendent has rejected the health
insuring corporation's challenge to the superintendent's
determination under division (A)(6) of this section;

(8)
The notification by the superintendent to a health insuring
corporation that the superintendent has determined that the health
insuring corporation has failed to adhere to its RBC plan or revised
RBC plan, and this failure has had a substantial adverse effect on
the ability of the health insuring corporation to eliminate the
conditions leading to the company action level event in accordance
with its RBC plan or revised RBC plan, provided that the health
insuring corporation does not challenge this determination under
section 1753.37 of the Revised Code;

(9)
The notification by the superintendent to a health insuring
corporation, following the hearing required under section 1753.37 of
the Revised Code, that the superintendent has rejected the health
insuring corporation's challenge to the superintendent's
determination under division (A)(8) of this section.

(B)
In the case of a regulatory action level event, the superintendent
shall do all of the following:

(1)
Require the health insuring corporation to prepare and submit an RBC
plan or, if applicable, a revised RBC plan;

(2)
Perform such examinations and analyses as the superintendent
considers necessary of the assets, liabilities, and operations of the
health insuring corporation, including a review of the health
insuring corporation's RBC plan or revised RBC plan and the results
of any sensitivity tests undertaken pursuant to the RBC instructions;

(3)
Issue a corrective order, based upon the examinations and analyses
performed under division (B)(2) of this section.

(C)(1)
The RBC plan or revised RBC plan required by division (B)(1) of this
section shall be submitted to the superintendent within forty-five
days after the regulatory action level event, except by a health
insuring corporation that files a challenge to an adjusted RBC report
or revised RBC plan pursuant to section 1753.37 of the Revised Code.
If the superintendent determines the challenge is frivolous, the time
limit for the submission of the RBC plan or revised RBC plan shall
not be altered by the filing of the challenge.

(2)
If a health insuring corporation files a nonfrivolous challenge to an
adjusted RBC report or revised RBC plan, the RBC plan or revised RBC
plan required by division (B)(1) of this section shall only be
submitted to the superintendent if the superintendent rejects the
challenge following the hearing required under section 1753.37 of the
Revised Code. If the superintendent rejects the health insuring
corporation's challenge, the RBC plan or revised RBC plan shall be
submitted within forty-five days after the superintendent's
notification to the health insuring corporation of the
superintendent's rejection of the challenge.

(D)
The superintendent may retain actuaries, investment experts, and such
other consultants, as may be necessary in the superintendent's
judgment, to review a health insuring corporation's RBC plan or
revised RBC plan, to examine or analyze the assets, liabilities, and
operation of the health insuring corporation, and to formulate a
corrective order for the health insuring corporation. The fees,
costs, and expenses relating to these consultants shall be borne by
the affected health insuring corporation.

Sec.
1753.35.
(A)
For purposes of sections 1753.31 to
1753.43

1753.42

of
the Revised Code, an "authorized control level event" is
any of the following events:

(1)
The filing of an RBC report by a health insuring corporation that
indicates that the health insuring corporation's total adjusted
capital is greater than or equal to its mandatory control level RBC
but less than its authorized control level RBC;

(2)
The notification by the superintendent of insurance to a health
insuring corporation of an adjustment to the health insuring
corporation's RBC report, which adjusted RBC report shows the health
insuring corporation's total adjusted capital within the range
described in division (A)(1) of this section, provided that the
health insuring corporation does not challenge the adjusted RBC
report under section 1753.37 of the Revised Code;

(3)
The notification by the superintendent to a health insuring
corporation, following the hearing required under section 1753.37 of
the Revised Code, that the superintendent has rejected the health
insuring corporation's challenge to an adjusted RBC report showing
the health insuring corporation's total adjusted capital within the
range described in division (A)(1) of this section;

(4)
The failure of a health insuring corporation to respond, in a manner
satisfactory to the superintendent, to a corrective order issued
under division (B)(3) of section 1753.34 of the Revised Code,
provided that the health insuring corporation does not challenge the
corrective order under section 1753.37 of the Revised Code;

(5)
The failure of a health insuring corporation to respond, in a manner
satisfactory to the superintendent, to a corrective order issued
under division (B)(3) of section 1753.34 of the Revised Code
subsequent to the superintendent's modification of an earlier order
or the superintendent's rejection of the health insuring
corporation's challenge of the order under section 1753.37 of the
Revised Code.

(B)
In the case of an authorized control level event, the superintendent
shall do the following:

(1)
Take the actions required under section 1753.34 of the Revised Code
for regulatory action level events;

(2)
If the superintendent considers it to be in the best interests of the
subscribers and creditors of the health insuring corporation and of
the public, take such actions as are necessary to place the health
insuring corporation under regulatory control under sections 3903.01
to 3903.59 of the Revised Code. The authorized control level event
shall be deemed sufficient grounds for the superintendent to take
action under sections 3903.01 to 3903.59 of the Revised Code. Nothing
in sections 1753.31 to
1753.43

1753.42

of
the Revised Code shall impair or restrict the rights, powers, and
protections afforded to the superintendent and to health insuring
corporations under sections 3903.01 to 3903.59 of the Revised Code.

Sec.
1753.36.
(A)
For purposes of sections 1753.31 to
1753.43

1753.42

of
the Revised Code, a "mandatory control level event" is any
of the following events:

(1)
The filing of an RBC report by a health insuring corporation that
indicates that the health insuring corporation's total adjusted
capital is less than its mandatory control level RBC;

(2)
The notification by the superintendent of insurance to a health
insuring corporation of an adjustment to the health insuring
corporation's RBC report, which adjusted RBC report shows the health
insuring corporation's total adjusted capital at less than its
mandatory control level RBC, provided the health insuring corporation
does not challenge the adjusted RBC report under section 1753.37 of
the Revised Code;

(3)
The notification by the superintendent to the health insuring
corporation, following the hearing required under section 1753.37 of
the Revised Code, that the superintendent has rejected the health
insuring corporation's challenge to an adjusted RBC report.

(B)
In the case of a mandatory control level event, the superintendent
shall take such actions as are necessary to place the health insuring
corporation under regulatory control under sections 3903.01 to
3903.59 of the Revised Code. The mandatory control level event shall
be deemed sufficient grounds for the superintendent to take action
under sections 3903.01 to 3903.59 of the Revised Code. Nothing in
sections 1753.31 to
1753.43

1753.42

of
the Revised Code shall impair or restrict the rights, powers, and
protections afforded to the superintendent and to health insuring
corporations under sections 3903.01 to 3903.59 of the Revised Code.
However, the superintendent may defer action under this division for
up to ninety days after the mandatory control level event if the
superintendent finds that there is a reasonable expectation the
health insuring corporation may be able to eliminate the conditions
leading to the mandatory control level event within the ninety-day
period.

Sec.
1753.37.
(A)
A health insuring corporation has the right to a confidential hearing
upon receiving any of the following from the superintendent of
insurance:

(1)
An adjusted RBC report;

(2)
Notification that the health insuring corporation's RBC plan or
revised RBC plan is unsatisfactory and a statement that the
notification constitutes a regulatory action level event for the
health insuring corporation;

(3)
Notification that the superintendent has determined that the health
insuring corporation has failed to adhere to its RBC plan or revised
RBC plan, which failure has a substantial adverse effect on the
ability of the health insuring corporation to eliminate the
conditions leading to a company action level event in accordance with
its RBC plan or revised RBC plan;

(4)
A corrective order issued under division (B)(3) of section 1753.34 of
the Revised Code.

(B)
A health insuring corporation shall notify the superintendent of its
request for a hearing within five days after its receipt of any item
listed in division (A) of this section. Upon the superintendent's
receipt of the health insuring corporation's request for a hearing,
the superintendent shall set a date for the hearing, which date shall
be no less than ten days and no more than thirty days after the
superintendent's receipt of the health insuring corporation's
request.

(C)
A health insuring corporation may challenge any determination or
action taken by the superintendent under sections 1753.31 to
1753.43

1753.42

of
the Revised Code at the hearing held pursuant to this section.

Sec.
1753.40.
There
shall be no liability on the part of, and no cause of action shall
arise against, the superintendent of insurance, or the department of
insurance, its employees, or its agents, for any action taken in
their performance of the powers and duties under sections 1753.31 to

1753.43

1753.42

of
the Revised Code.

Sec.
1753.41.
Unless
otherwise provided, all notices sent to a health insuring corporation
by the superintendent of insurance that may result in regulatory
action under sections 1753.31 to
1753.43

1753.42

of
the Revised Code shall be effective upon dispatch if transmitted by
registered or certified mail. Any other notice transmitted shall be
effective upon the health insuring corporation's receipt of the
notice.

Sec.
1753.42.
The
superintendent of insurance may exempt any domestic health insuring
corporation from the application of sections 1753.31 to
1753.43

1753.42

of
the Revised Code, if the health insuring corporation meets all of the
following requirements:

(A)
The health insuring corporation writes direct business in this state
only.

(B)
The health insuring corporation assumes no reinsurance in excess of
five per cent of direct premium written.

(C)
The health insuring corporation either:

(1)
Writes direct annual premiums of two million dollars or less for
basic health care services;

(2)
Covers less than two thousand enrollees under policies, contracts,
certificates, or agreements for supplemental health care services.

Sec.
1761.04.
(A)
The licensing and operation of a credit union share guaranty
corporation is subject to the regulation of the superintendent of
insurance pursuant to Chapters 3901., 3903., 3905., 3925., 3927.,
3929., 3937., 3941., and 3999. of the Revised Code to the extent such
laws are otherwise applicable and are not in conflict with this
chapter.

(B)
A credit union share guaranty corporation shall pay, by the fifteenth
day of April of each year, to the superintendent of credit unions, an
annual fee of one-half of one per cent of its guarantee fund as shown
by the corporation's last annual financial report, but in no event
shall such payment exceed twenty-five thousand dollars in any
calendar year.

(C)
In addition to the specific powers and duties given the
superintendent of insurance and the superintendent of credit unions
under this chapter, the superintendents may independently, pursuant
to Chapter 119. of the Revised Code, adopt, amend, and rescind such
rules as are necessary to implement the requirements of this chapter.

Sec.
1761.13.
(A)
A credit union share guaranty corporation shall invest or deposit its
funds in the following manner:

(1)
In banks incorporated under the laws of this or any other state, or
the United States;

(2)
In negotiable certificates of deposit and bankers acceptances;

(3)
In share certificates deposited in or any form of evidence of
interest or indebtedness of any credit union organized under Chapter
1733. of the Revised Code or comparable state law if insured, or
whose member accounts are insured as provided for by Title II of the
"Federal Credit Union Act," 84 Stat. 994, (1970), 12
U.S.C.A. 1781, as amended, or by comparable insurance. No investment
under division (A)(3) of this section shall be in a participating
credit union.

(4)
In accounts with, investment certificates or withdrawable shares of,
any savings and loan association that is an insured institution as
defined by Title IV of the "National Housing Act," 48 Stat.
1255 (1934), 12 U.S.C.A. 1724, as amended.

(5)
In United States government securities or United States government
agency obligations;

(6)
In bonds or other evidence of indebtedness rated in the three highest
ratings of Standard and Poor's or Moody's service, not in default as
to principal or interest, that are valid obligations issued, assumed,
or guaranteed by any state, county, or municipal corporation of the
United States;

(7)
In bonds or other evidence of indebtedness rated in the three highest
ratings by Standard and Poor's or Moody's service, not in default as
to principal or interest, that are valid obligations issued, assumed,
or guaranteed by any corporation incorporated under the laws of the
United States or a state and described in division (D)(1) of section
3925.08 of the Revised Code. However, a credit union share guaranty
corporation shall not invest in any such corporate security
containing any provision of optionality, including, but not limited
to, any derivative security.

(8)
In the common stock of any federal home loan bank of which the
corporation is a member, for the purpose of maintaining a line of
credit or source of liquidity through borrowings from the bank, if
the bank requires its members to purchase and hold its common stock
referred to as either of the following:

(a)
Membership stock, subject to an annual adjustment made by the bank
based on the corporation's admitted total assets as reported in its
filings with the superintendent of insurance;

(b)
Activity stock as may be required by the bank whenever the
corporation borrows from the bank and for as long as any of those
funds remain outstanding.

(9)
In any other investments that are expressly approved by the
superintendent of credit unions and the superintendent of insurance

or are permitted by rules adopted by the superintendents pursuant to
division (C) of section 1761.04 of the Revised Code
,
but such other investments shall not exceed twenty per cent of the
sum of the capital contributions, retained and undivided earnings,
and any borrowings made in accordance with section 3901.72 of the
Revised Code of the corporation. The superintendents shall not permit
the corporation to make any investment in any unrelated corporation
or unrelated subsidiary without the prior written approval of the
superintendent of credit unions and the superintendent of insurance.

(B)
The maximum investment in securities of any one corporation shall not
exceed ten per cent of the guarantee fund at the time the investment
is made.

(C)
The corporation's directors, officers, committee members, and
employees, and immediate family members of such individuals, are
prohibited from receiving pecuniary or any other type of
consideration in connection with the making of an investment or
deposit by the corporation.

(D)
Within thirty days of appointment, each officer, agent, or employee
having control or access to funds or securities owned by or pledged
with a credit union share guaranty corporation shall be provided with
fidelity bond coverage by the corporation in an amount commensurate
with the risk involved.

(E)
With the express written approval of the board of directors and the
superintendent of credit unions and the superintendent of insurance,
the corporation may invest in publicly traded preferred and common
stocks, as permitted by section 3925.08 of the Revised Code, in an
aggregate amount not to exceed the corporation's statutory unassigned
surplus as reduced by its authorized control level risk-based
capital.

Sec.
1761.16.
(A)
A credit union share guaranty corporation shall file with the
superintendent of credit unions an annual report containing audited
financial statements, prepared in accordance with generally accepted
accounting principles or such other accounting requirements
determined by the superintendent of credit unions, covering the
fiscal year within one hundred days after the close of such fiscal
year in accordance with division (E) of this section

and in the form and with such other relevant information as the
superintendent of credit unions may require by rules adopted under
division (C) of section 1761.04 of the Revised Code
.
The audited financial statements shall include at least a balance
sheet and a statement of income for the year ended on the balance
sheet date. The report and audited financial statements shall be
accompanied by a report, certificate, or opinion of an independent
certified public accountant or independent public accountant. Every
such report shall be certified by the oath of the president and
secretary of the corporation, and such verification shall state that
the report is true and correct in all respects to the best of the
knowledge and belief of the persons verifying it.

(B)
If the report, certificate, or opinion of the certified public
accountant or independent accountant referred to in division (A) of
this section is qualified pursuant to generally accepted auditing
standards, the superintendent of credit unions shall require the
corporation to take such action as the superintendent considers
appropriate to permit an independent accountant to remove such
qualification from the report, certificate, or opinion. The
superintendent may reject any financial statement, report,
certificate, or opinion filed pursuant to division (A) of this
section by notifying the corporation of its rejection and the cause
thereof. Within thirty days after receipt of such notice, the
corporation shall correct such qualification, and the failure to do
so is deemed a violation of this division. The superintendent shall
retain a copy of all filings so rejected.

(C)
The superintendent of credit unions shall conduct or cause to be
conducted, not more often than annually and not less than every three
years, an audit examination of the credit union share guaranty
corporation. The audit examination shall include an actuarial study
of the capital adequacy of the corporation. The corporation shall be
assessed the costs of such audit examination, which assessment shall
not exceed one per cent of the capital contributions and surplus of
the corporation.

(D)
The superintendent of credit unions may require a special examination
of the corporation in the event the superintendent determines that
there is or will be an impairment of the guarantee fund as defined in
division (C)(1) of section 1761.10 of the Revised Code. The
corporation shall be assessed the cost of such special examination.

(E)
The accounting of the corporation shall be on a calendar year basis
or as otherwise prescribed by the corporation with the prior written
approval of the superintendent of credit unions. The books of the
corporation shall be maintained in accordance with generally accepted
accounting principles.

(F)
The corporation shall make any other special report to the
superintendent of credit unions as the superintendent may from time
to time require. Such a report shall be in the form and filed at such
date as prescribed by the superintendent, and shall, if required by
the superintendent, be verified in such manner as prescribed.

(G)
Each credit union share guaranty corporation shall be subject to
examination by the superintendent of insurance in accordance with
section 3901.07 of the Revised Code. Section 3901.07 of the Revised
Code shall govern every aspect of the examination, including the
circumstances under and frequency with which it is conducted, the
authority of the superintendent and any examiner or other person
appointed by the superintendent, the liability for the assessment of
expenses incurred in conducting the examination, and the remittance
of the assessment to the department of insurance operating fund.

(H)
All of the provisions of this section are in addition to those
chapters of Title XXXIX of the Revised Code specified in division (A)
of section 1761.04 of the Revised Code.

Sec.
2108.23.
(A)(1)
The bureau of motor vehicles shall develop and maintain a donor
registry that identifies each individual who has agreed to make an
anatomical gift at the time of application or renewal of a driver's
license, identification card, or motor vehicle registration as
provided in division (A)(1) or (2) of section 2108.05 of the Revised
Code. The registry shall be fully operational not later than July 1,
2002.

(2)
The registrar of motor vehicles or a deputy registrar shall ask
whether each of the following wishes to certify the applicant's
willingness to become a donor:

(a)
A person applying for or renewing a driver's license;

(b)
A person applying for or renewing an identification card;

(c)
A person applying for or renewing a motor vehicle registration.

(3)
The registrar or deputy registrar shall provide to any applicant who
wishes to certify the applicant's willingness to become a donor the
form set forth in division (C)(2) of section 2133.07 of the Revised
Code.

(4)
Any person who provides to the bureau the form set forth in division
(C)(2) of section 2133.07 of the Revised Code requesting to be
included in the donor registry shall be included.

(5)
Neither the registrar nor a deputy registrar shall ask a person, who
is already included in the donor registry, to be a donor.

(B)
The bureau shall maintain the registry in a manner that provides to
organ procurement organizations, tissue banks, and eye banks
immediate access to the information in the registry twenty-four hours
a day and seven days a week.

(C)(1)
The registrar of motor vehicles, in consultation with the director of
health and the second chance trust fund advisory committee created
under section 2108.35 of the Revised Code, shall formulate proposed
rules that specify all of the following:

(a)
The information to be included in the registry;

(b)
A process, in accordance with division (B) of section 2108.06 of the
Revised Code, for an individual to revoke the individual's intent to
make an anatomical gift and for updating information in the registry;

(c)
How the registry will be made available to organ procurement
organizations, tissue banks, and eye banks;

(d)
Limitations on the use of and access to the registry;

(e)
How information on organ, tissue, and eye donation will be developed
and disseminated to the public by the bureau and the department of
health;

(f)
The manner in which a person may request to be included in the
registry on a written application for a driver's license,
identification card, motor vehicle registration, or the renewal
thereof. The manner of the request may include either allowing the
requestor to provide the necessary information on the bureau
application or redirecting the requestor to another form specific to
the registry.

(g)
Anything else the registrar considers appropriate.

(2)
In adopting the proposed rules under this division, the registrar may
consult with any person or entity that expresses an interest in the
matters to be dealt with in the rules.

(3)
Following formulation of the proposed rules, the registrar shall
adopt rules in accordance with Chapter 119. of the Revised Code.

(D)
The costs of developing and initially implementing the registry shall
be paid from the second chance trust fund created in section 2108.34
of the Revised Code.

Sec.
2133.25.
(A)
The department of health, by rule adopted pursuant to Chapter 119. of
the Revised Code, shall adopt a standardized method of procedure for
the withholding of CPR by physicians, certified nurse-midwives,
clinical nurse specialists, certified nurse practitioners, emergency
medical services personnel, and health care facilities in accordance
with sections 2133.21 to 2133.26 of the Revised Code. The
standardized method shall specify criteria for determining when a
do-not-resuscitate order is current. The standardized method so
adopted shall be the "do-not-resuscitate protocol" for
purposes of sections 2133.21 to 2133.26 of the Revised Code. The
department also shall approve one or more standard forms of DNR
identification to be used throughout this state.

(B)

The
department of health shall adopt rules in accordance with Chapter
119. of the Revised Code for the administration of sections 2133.21
to 2133.26 of the Revised Code.

(C)

The
department of health shall appoint an advisory committee to advise
the department in the development of rules under this section. The
advisory committee shall include, but shall not be limited to,
representatives of each of the following organizations:

(1)
The Ohio hospital association;

(2)
The Ohio state medical association;

(3)
The Ohio chapter of the American college of emergency physicians;

(4)
The Ohio hospice organization;

(5)
The Ohio council for home care and hospice;

(6)
The Ohio health care association;

(7)
The Ohio ambulance association;

(8)
The Ohio medical directors association;

(9)
The Ohio association of emergency medical services;

(10)
The bioethics network of Ohio;

(11)
The Ohio nurses association;

(12)
The Ohio academy of nursing homes;

(13)
The Ohio association of professional firefighters;

(14)
The department of developmental disabilities;

(15)
The Ohio osteopathic association;

(16)
The association of Ohio philanthropic homes and housing services for
the aging;

(17)
The catholic conference of Ohio;

(18)
The department of aging;

(19)
The department of mental health and addiction services;

(20)
The Ohio private residential association;

(21)
The northern Ohio fire fighters association;

(22)
The Ohio association of advanced practice nurses.

Sec.
2151.412.
(A)
Each public children services agency and private child placing agency
shall prepare and maintain a case plan for any child to whom the
agency is providing services and to whom any of the following
applies:

(1)
The agency filed a complaint pursuant to section 2151.27 of the
Revised Code alleging that the child is an abused, neglected, or
dependent child;

(2)
The agency has temporary or permanent custody of the child;

(3)
The child is living at home subject to an order for protective
supervision;

(4)
The child is in a planned permanent living arrangement.

Except
as provided by division (A)(2) of section 5103.153 of the Revised
Code, a private child placing agency providing services to a child
who is the subject of a voluntary permanent custody surrender
agreement entered into under division (B)(4) of section 5103.15 of
the Revised Code is not required to prepare and maintain a case plan
for that child.

(B)
Each public children services agency shall prepare and maintain a
case plan for any child for whom the agency is providing in-home
services pursuant to an alternative response.

(C)(1)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the content and format
of case plans required by division (A) of this section and
establishing procedures for developing, implementing, and changing
the case plans. The rules shall at a minimum comply with the
requirements of Title IV-E of the "Social Security Act," 42
U.S.C. 670, et seq. (1980).

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code requiring public children services
agencies and private child placing agencies to maintain case plans
for children and their families who are receiving services in their
homes from the agencies and for whom case plans are not required by
division (A) of this section. The rules for public children services
agencies shall include the requirements for case plans maintained for
children and their families who are receiving services in their homes
from public children services agencies pursuant to an alternative
response. The agencies shall maintain case plans as required by those
rules; however, the case plans shall not be subject to any other
provision of this section except as specifically required by the
rules.

(D)
Each public children services agency and private child placing agency
that is required by division (A) of this section to maintain a case
plan shall file the case plan with the court prior to the child's
adjudicatory hearing but no later than thirty days after the earlier
of the date on which the complaint in the case was filed or the child
was first placed into shelter care. If the agency does not have
sufficient information prior to the adjudicatory hearing to complete
any part of the case plan, the agency shall specify in the case plan
the additional information necessary to complete each part of the
case plan and the steps that will be taken to obtain that
information. All parts of the case plan shall be completed by the
earlier of thirty days after the adjudicatory hearing or the date of
the dispositional hearing for the child.

(E)
Any agency that is required by division (A) of this section to
prepare a case plan shall attempt to obtain an agreement among all
parties, including, but not limited to, the parents, guardian, or
custodian of the child and the guardian ad litem of the child
regarding the content of the case plan. If all parties agree to the
content of the case plan and the court approves it, the court shall
journalize it as part of its dispositional order. If the agency
cannot obtain an agreement upon the contents of the case plan or the
court does not approve it, the parties shall present evidence on the
contents of the case plan at the dispositional hearing. The court,
based upon the evidence presented at the dispositional hearing and
the best interest of the child, shall determine the contents of the
case plan and journalize it as part of the dispositional order for
the child.

(F)(1)
All parties, including the parents, guardian, or custodian of the
child, are bound by the terms of the journalized case plan. A party
that fails to comply with the terms of the journalized case plan may
be held in contempt of court.

(2)
Any party may propose a change to a substantive part of the case
plan, including, but not limited to, the child's placement and the
visitation rights of any party. A party proposing a change to the
case plan shall file the proposed change with the court and give
notice of the proposed change in writing before the end of the day
after the day of filing it to all parties and the child's guardian ad
litem. All parties and the guardian ad litem shall have seven days
from the date the notice is sent to object to and request a hearing
on the proposed change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency may implement the proposed change after the hearing, if the
court approves it. The agency shall not implement the proposed change
unless it is approved by the court.

(b)
If it does not receive a timely request for a hearing, the court may
approve the proposed change without a hearing. If the court approves
the proposed change without a hearing, it shall journalize the case
plan with the change not later than fourteen days after the change is
filed with the court. If the court does not approve the proposed
change to the case plan, it shall schedule a hearing to be held
pursuant to section 2151.417 of the Revised Code no later than thirty
days after the expiration of the fourteen-day time period and give
notice of the date, time, and location of the hearing to all parties
and the guardian ad litem of the child. If, despite the requirements
of division (F)(2) of this section, the court neither approves and
journalizes the proposed change nor conducts a hearing, the agency
may implement the proposed change not earlier than fifteen days after
it is submitted to the court.

(3)
If an agency has reasonable cause to believe that a child is
suffering from illness or injury and is not receiving proper care and
that an appropriate change in the child's case plan is necessary to
prevent immediate or threatened physical or emotional harm, to
believe that a child is in immediate danger from the child's
surroundings and that an immediate change in the child's case plan is
necessary to prevent immediate or threatened physical or emotional
harm to the child, or to believe that a parent, guardian, custodian,
or other member of the child's household has abused or neglected the
child and that the child is in danger of immediate or threatened
physical or emotional harm from that person unless the agency makes
an appropriate change in the child's case plan, it may implement the
change without prior agreement or a court hearing and, before the end
of the next day after the change is made, give all parties, the
guardian ad litem of the child, and the court notice of the change.
Before the end of the third day after implementing the change in the
case plan, the agency shall file a statement of the change with the
court and give notice of the filing accompanied by a copy of the
statement to all parties and the guardian ad litem. All parties and
the guardian ad litem shall have ten days from the date the notice is
sent to object to and request a hearing on the change.

(a)
If it receives a timely request for a hearing, the court shall
schedule a hearing pursuant to section 2151.417 of the Revised Code
to be held no later than thirty days after the request is received by
the court. The court shall give notice of the date, time, and
location of the hearing to all parties and the guardian ad litem. The
agency shall continue to administer the case plan with the change
after the hearing, if the court approves the change. If the court
does not approve the change, the court shall make appropriate changes
to the case plan and shall journalize the case plan.

(b)
If it does not receive a timely request for a hearing, the court may
approve the change without a hearing. If the court approves the
change without a hearing, it shall journalize the case plan with the
change within fourteen days after receipt of the change. If the court
does not approve the change to the case plan, it shall schedule a
hearing under section 2151.417 of the Revised Code to be held no
later than thirty days after the expiration of the fourteen-day time
period and give notice of the date, time, and location of the hearing
to all parties and the guardian ad litem of the child.

(G)(1)
All case plans for children in temporary custody shall have the
following general goals:

(a)
Consistent with the best interest and special needs of the child, to
achieve a safe out-of-home placement in the least restrictive, most
family-like setting available and in close proximity to the home from
which the child was removed or the home in which the child will be
permanently placed;

(b)
To eliminate with all due speed the need for the out-of-home
placement so that the child can safely return home.

(2)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code setting forth the general goals of
case plans for children subject to dispositional orders for
protective supervision, a planned permanent living arrangement, or
permanent custody.

(H)
In the agency's development of a case plan and the court's review of
the case plan, the child's health and safety shall be the paramount
concern. The agency and the court shall be guided by the following
general priorities:

(1)
A child who is residing with or can be placed with the child's
parents within a reasonable time should remain in their legal custody
even if an order of protective supervision is required for a
reasonable period of time;

(2)
If both parents of the child have abandoned the child, have
relinquished custody of the child, have become incapable of
supporting or caring for the child even with reasonable assistance,
or have a detrimental effect on the health, safety, and best interest
of the child, the child should be placed in the legal custody of a
suitable member of the child's extended family;

(3)
If a child described in division (H)(2) of this section has no
suitable member of the child's extended family to accept legal
custody, the child should be placed in the legal custody of a
suitable nonrelative who shall be made a party to the proceedings
after being given legal custody of the child;

(4)
If the child has no suitable member of the child's extended family to
accept legal custody of the child and no suitable nonrelative is
available to accept legal custody of the child and, if the child
temporarily cannot or should not be placed with the child's parents,
guardian, or custodian, the child should be placed in the temporary
custody of a public children services agency or a private child
placing agency;

(5)
If the child cannot be placed with either of the child's parents
within a reasonable period of time or should not be placed with
either, if no suitable member of the child's extended family or
suitable nonrelative is available to accept legal custody of the
child, and if the agency has a reasonable expectation of placing the
child for adoption, the child should be committed to the permanent
custody of the public children services agency or private child
placing agency;

(6)
If the child is to be placed for adoption or foster care, the
placement shall not be delayed or denied on the basis of the child's
or adoptive or foster family's race, color, or national origin.

(I)
The case plan for a child in temporary custody shall include at a
minimum the following requirements if the child is or has been the
victim of abuse or neglect or if the child witnessed the commission
in the child's household of abuse or neglect against a sibling of the
child, a parent of the child, or any other person in the child's
household:

(1)
A requirement that the child's parents, guardian, or custodian
participate in mandatory counseling;

(2)
A requirement that the child's parents, guardian, or custodian
participate in any supportive services that are required by or
provided pursuant to the child's case plan.

(J)(1)
Prior to January 1, 2023, a case plan for a child in temporary
custody may include, as a supplement, a plan for locating a permanent
family placement. The supplement shall not be considered part of the
case plan for purposes of division (E) of this section.

(2)
On and after January 1, 2023, a case plan for a child in temporary
custody shall include a permanency plan for the child unless it is
documented that such a plan would not be in the best interest of the
child. The permanency plan shall describe the services the agency
shall provide to achieve permanency for the child if reasonable
efforts to return the child to the child's home, or eliminate the
continued removal from that home, are unsuccessful. Those services
shall be provided concurrently with reasonable efforts to return the
child home or eliminate the child's continued removal from home.

(3)
The director of children and youth, pursuant to Chapter 119. of the
Revised Code, shall adopt rules necessary to carry out the purposes
of division (J) of this section.

(K)(1)
A public children services agency may request that the superintendent
of the bureau of criminal identification and investigation conduct a
criminal records check with respect to a parent, guardian, custodian,
prospective custodian, or prospective placement whose actions result
in a finding after the filing of a complaint as described in division
(A)(1) of this section that a child is an abused, neglected, or
dependent child. The public children services agency shall request
that the superintendent obtain information from the federal bureau of
investigation as part of the criminal records check.

(2)
At any time on or after the date that is ninety days after September
10, 2012, a prosecuting attorney, or an assistant prosecuting
attorney appointed under section 309.06 of the Revised Code, may
request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check
with respect to each parent, guardian, custodian, prospective
custodian, or prospective placement whose actions resulted in a
finding after the filing of a complaint described in division (A)(1)
of this section that a child is an abused, neglected, or dependent
child. Each prosecuting attorney or assistant prosecuting attorney
who makes such a request shall request that the superintendent obtain
information from the federal bureau of investigation as part of the
criminal records check for each parent, guardian, custodian,
prospective custodian, or prospective placement who is a subject of
the request.

(3)
A public children services agency, prosecuting attorney, or assistant
prosecuting attorney that requests a criminal records check under
division (K)(1) or (2) of this section shall do both of the
following:

(a)
Provide to each parent, guardian, custodian, prospective custodian,
or prospective placement for whom a criminal records check is
requested a copy of the form prescribed pursuant to division (C)(1)
of section 109.572 of the Revised Code and a standard fingerprint
impression sheet prescribed pursuant to division (C)(2) of that
section and obtain the completed form and impression sheet from the
parent, guardian, custodian, prospective custodian, or prospective
placement;

(b)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation.

(4)
A parent, guardian, custodian, prospective custodian, or prospective
placement who is given a form and fingerprint impression sheet under
division (K)(3)(a) of this section and who fails to complete the form
or provide fingerprint impressions may be held in contempt of court.

Sec.
2743.02.
(A)(1)
The state hereby waives its immunity from liability, except as
provided for the office of the state fire marshal in division (G)(1)
of section 9.60 and division (B) of section 3737.221 of the Revised
Code and subject to division (H) of this section, and consents to be
sued, and have its liability determined, in the court of claims
created in this chapter in accordance with the same rules of law
applicable to suits between private parties, except that the
determination of liability is subject to the limitations set forth in
this chapter and, in the case of state universities or colleges, in
section 3345.40 of the Revised Code, and except as provided in
division (A)(2) or (3) of this section. To the extent that the state
has previously consented to be sued, this chapter has no
applicability.

Except
in the case of a civil action filed by the state, filing a civil
action in the court of claims results in a complete waiver of any
cause of action, based on the same act or omission, that the filing
party has against any officer or employee, as defined in section
109.36 of the Revised Code. The waiver shall be void if the court
determines that the act or omission was manifestly outside the scope
of the officer's or employee's office or employment or that the
officer or employee acted with malicious purpose, in bad faith, or in
a wanton or reckless manner.

(2)
If a claimant proves in the court of claims that an officer or
employee, as defined in section 109.36 of the Revised Code, would
have personal liability for the officer's or employee's acts or
omissions but for the fact that the officer or employee has personal
immunity under section 9.86 of the Revised Code, the state shall be
held liable in the court of claims in any action that is timely filed
pursuant to section 2743.16 of the Revised Code and that is based
upon the acts or omissions.

(3)(a)
Except as provided in division (A)(3)(b) of this section, the state
is immune from liability in any civil action or proceeding involving
the performance or nonperformance of a public duty, including the
performance or nonperformance of a public duty that is owed by the
state in relation to any action of an individual who is committed to
the custody of the state.

(b)
The state immunity provided in division (A)(3)(a) of this section
does not apply to any action of the state under circumstances in
which a special relationship can be established between the state and
an injured party. A special relationship under this division is
demonstrated if all of the following elements exist:

(i)
An assumption by the state, by means of promises or actions, of an
affirmative duty to act on behalf of the party who was allegedly
injured;

(ii)
Knowledge on the part of the state's agents that inaction of the
state could lead to harm;

(iii)
Some form of direct contact between the state's agents and the
injured party;

(iv)
The injured party's justifiable reliance on the state's affirmative
undertaking.

(B)
The state hereby waives the immunity from liability of all hospitals
owned or operated by one or more political subdivisions and consents
for them to be sued, and to have their liability determined, in the
court of common pleas, in accordance with the same rules of law
applicable to suits between private parties, subject to the
limitations set forth in this chapter. This division is also
applicable to hospitals owned or operated by political subdivisions
that have been determined by the supreme court to be subject to suit
prior to July 28, 1975.

(C)
Any hospital, as defined in section 2305.113 of the Revised Code, may
purchase liability insurance covering its operations and activities
and its agents, employees, nurses, interns, residents, staff, and
members of the governing board and committees, and, whether or not
such insurance is purchased, may, to the extent that its governing
board considers appropriate, indemnify or agree to indemnify and hold
harmless any such person against expense, including attorney's fees,
damage, loss, or other liability arising out of, or claimed to have
arisen out of, the death, disease, or injury of any person as a
result of the negligence, malpractice, or other action or inaction of
the indemnified person while acting within the scope of the
indemnified person's duties or engaged in activities at the request
or direction, or for the benefit, of the hospital. Any hospital
electing to indemnify those persons, or to agree to so indemnify,
shall reserve any funds that are necessary, in the exercise of sound
and prudent actuarial judgment, to cover the potential expense, fees,
damage, loss, or other liability. The superintendent of insurance may
recommend, or, if the hospital requests the superintendent to do so,
the superintendent shall recommend, a specific amount for any period
that, in the superintendent's opinion, represents such a judgment.
This authority is in addition to any authorization otherwise provided
or permitted by law.

(D)
Recoveries against the state shall be reduced by the aggregate of
insurance proceeds, disability award, or other collateral recovery
that the claimant receives or is entitled to. This division does not
apply to civil actions in the court of claims against a state
university or college under the circumstances described in section
3345.40 of the Revised Code. The collateral benefits provisions of
division (B)(2) of that section apply under those circumstances.

(E)
The only defendant in original actions in the court of claims is the
state. The state may file a third-party complaint or counterclaim in
any civil action, except a civil action for ten thousand dollars or
less, that is filed in the court of claims.

(F)
A civil action against an officer or employee, as defined in section
109.36 of the Revised Code, that alleges that the officer's or
employee's conduct was manifestly outside the scope of the officer's
or employee's employment or official responsibilities, or that the
officer or employee acted with malicious purpose, in bad faith, or in
a wanton or reckless manner shall first be filed against the state in
the court of claims that has exclusive, original jurisdiction to
determine, initially, whether the officer or employee is entitled to
personal immunity under section 9.86 of the Revised Code and whether
the courts of common pleas have jurisdiction over the civil action.
The officer or employee may participate in the immunity determination
proceeding before the court of claims to determine whether the
officer or employee is entitled to personal immunity under section
9.86 of the Revised Code.

The
filing of a claim against an officer or employee under this division
tolls the running of the applicable statute of limitations until the
court of claims determines whether the officer or employee is
entitled to personal immunity under section 9.86 of the Revised Code.

(G)
If a claim lies against an officer or employee who is a member of the
Ohio national guard, and the officer or employee was, at the time of
the act or omission complained of, subject to the "Federal Tort
Claims Act," 60 Stat. 842 (1946), 28 U.S.C. 2671, et seq., the
Federal Tort Claims Act is the exclusive remedy of the claimant and
the state has no liability under this section.

(H)
If an inmate of a state correctional institution has a claim against
the state for the loss of or damage to property and the amount
claimed does not exceed three hundred dollars, before commencing an
action against the state in the court of claims, the inmate shall
file a claim for the loss or damage under the rules adopted by the
director of rehabilitation and correction pursuant to this division.
The inmate shall file the claim within the time allowed for
commencement of a civil action under section 2743.16 of the Revised
Code. If the state admits or compromises the claim, the director
shall make payment from a fund designated by the director for that
purpose. If the state denies the claim or does not compromise the
claim at least sixty days prior to expiration of the time allowed for
commencement of a civil action based upon the loss or damage under
section 2743.16 of the Revised Code, the inmate may commence an
action in the court of claims under this chapter to recover damages
for the loss or damage.

The
director of rehabilitation and correction shall adopt rules pursuant
to Chapter 119. of the Revised Code
to
implement
specifying
the process for an inmate to file a claim for loss or damage under

this
division.

Sec.
2915.08.
(A)(1)
Except as otherwise permitted under section 2915.092 of the Revised
Code, annually before the first day of January, a charitable
organization that desires to conduct bingo shall apply to the
attorney general for one or more of the following types of licenses
to conduct bingo, as appropriate:

(a)
A type I license to conduct bingo as described in division (O)(1) of
section 2915.01 of the Revised Code;

(b)
A type II license to conduct instant bingo, electronic instant bingo,
or both at a bingo session;

(c)
A type III license to conduct instant bingo, electronic instant
bingo, or both other than at a bingo session, in accordance with
sections 2915.093 to 2915.095 or sections 2915.13 to 2915.15 of the
Revised Code, as applicable.

(2)
A veteran's organization or fraternal organization that is authorized
under section 2915.14 of the Revised Code to conduct electronic
instant bingo may be issued only one license to conduct electronic
instant bingo at any one time. The organization may conduct
electronic instant bingo under that license at only one location
specified on the license, which shall be the organization's principal
place of business.

(B)
The application shall be accompanied by a license fee as follows:

(1)
If the charitable organization was not licensed to conduct bingo
under this chapter before July 1, 2003, a fee established by the
attorney general by rule adopted pursuant to section 111.15 of the
Revised Code.

(2)
If the charitable organization was licensed to conduct bingo under
this chapter before July 1, 2003, the following applicable fee:

(a)
For a type I license for a charitable organization that wishes to
conduct bingo during twenty-six or more weeks in any calendar year, a
license fee of two hundred dollars;

(b)
For a type II or type III license for a charitable organization that
previously has not been licensed under this chapter to conduct
instant bingo or electronic instant bingo and that wishes to conduct
bingo during twenty-six or more weeks in any calendar year, a license
fee of five hundred dollars;

(c)
For a type II or type III license for a charitable organization that
previously has been licensed under this chapter to conduct instant
bingo or electronic instant bingo and that desires to conduct bingo
during twenty-six or more weeks in any calendar year, a license fee
that is based upon the gross profits received by the charitable
organization from the operation of instant bingo or electronic
instant bingo during the one-year period ending on the thirty-first
day of October of the year immediately preceding the year for which
the license is sought, and that is one of the following:

(i)
Five hundred dollars, if the total is fifty thousand dollars or less;

(ii)
One thousand two hundred fifty dollars plus one-fourth per cent of
the gross profit, if the total is more than fifty thousand dollars
but less than two hundred fifty thousand one dollars;

(iii)
Two thousand two hundred fifty dollars plus one-half per cent of the
gross profit, if the total is more than two hundred fifty thousand
dollars but less than five hundred thousand one dollars;

(iv)
Three thousand five hundred dollars plus one per cent of the gross
profit, if the total is more than five hundred thousand dollars but
less than one million one dollars;

(v)
Five thousand dollars plus one per cent of the gross profit, if the
total is one million one dollars or more.

(c)
(d)
For a type I, type II, or type III license for a charitable
organization that desires to conduct bingo during fewer than
twenty-six weeks in any calendar year, a reduced license fee
established by the attorney general by rule adopted pursuant to
section 111.15 of the Revised Code.

(C)
The application shall be in the form prescribed by the attorney
general, shall be signed and sworn to by the applicant, and shall
contain all of the following:

(1)
The name and post-office address of the applicant;

(2)
A statement that the applicant is a charitable organization and that
it has been in continuous existence as a charitable organization in
this state for two years immediately preceding the making of the
application;

(3)
The location at which the organization will conduct bingo, which
location shall be within the county in which the principal place of
business of the applicant is located, the days of the week and the
times on each of those days when bingo will be conducted, whether the
organization owns, leases, or subleases the premises, and a copy of
the rental agreement if it leases or subleases the premises;

(4)
A statement of the applicant's previous history, record, and
association that is sufficient to establish that the applicant is a
charitable organization, and a copy of a determination letter that is
issued by the Internal Revenue Service and states that the
organization is tax exempt under subsection 501(a) and described in
subsection 501(c)(3), 501(c)(4), 501(c)(7), 501(c)(8), 501(c)(10), or
501(c)(19) of the Internal Revenue Code;

(5)
A statement as to whether the applicant has ever had any previous
application refused, whether it previously has had a license revoked
or suspended, and the reason stated by the attorney general for the
refusal, revocation, or suspension;

(6)
A statement of the charitable purposes for which the net profit
derived from bingo described in division (O)(1) of section 2915.01 of
the Revised Code will be used, or a statement of how the net profit
derived from instant bingo or electronic instant bingo will be
distributed in accordance with section 2915.101 of the Revised Code,
as applicable;

(7)
Other necessary and reasonable information that the attorney general
may require by rule adopted pursuant to section 111.15 of the Revised
Code;

(8)
If the applicant is a charitable trust as defined in section 109.23
of the Revised Code, a statement as to whether it has registered with
the attorney general pursuant to section 109.26 of the Revised Code
or filed annual reports pursuant to section 109.31 of the Revised
Code, and, if it is not required to do either, the exemption in
section 109.26 or 109.31 of the Revised Code that applies to it;

(9)
If the applicant is a charitable organization as defined in section
1716.01 of the Revised Code, a statement as to whether it has filed
with the attorney general a registration statement pursuant to
section 1716.02 of the Revised Code and a financial report pursuant
to section 1716.04 of the Revised Code, and, if it is not required to
do both, the exemption in section 1716.03 of the Revised Code that
applies to it;

(10)
In the case of an applicant seeking to qualify as a youth athletic
park organization, a statement issued by a board or body vested with
authority under Chapter 755. of the Revised Code for the supervision
and maintenance of recreation facilities in the territory in which
the organization is located, certifying that the playing fields owned
by the organization were open for use to all residents of that
territory, regardless of race, color, creed, religion, sex, or
national origin, for athletic activities by youth athletic
organizations that do not discriminate on the basis of race, color,
creed, religion, sex, or national origin, and that the fields were
not used for any profit-making activity at any time during the year.
That type of board or body is authorized to issue the statement upon
request and shall issue the statement if it finds that the
applicant's playing fields were so used.

(D)
The attorney general, within thirty days after receiving a timely
filed application from a charitable organization that has been issued
a license under this section that has not expired and has not been
revoked or suspended, shall send a temporary permit to the applicant
specifying the date on which the application was filed with the
attorney general and stating that, pursuant to section 119.06 of the
Revised Code, the applicant may continue to conduct bingo until a new
license is granted or, if the application is rejected, until fifteen
days after notice of the rejection is mailed to the applicant. The
temporary permit does not affect the validity of the applicant's
application and does not grant any rights to the applicant except
those rights specifically granted in section 119.06 of the Revised
Code. The issuance of a temporary permit by the attorney general
pursuant to this division does not prohibit the attorney general from
rejecting the applicant's application because of acts that the
applicant committed, or actions that the applicant failed to take,
before or after the issuance of the temporary permit.

(E)
Within thirty days after receiving an initial license application
from a charitable organization to conduct bingo, the attorney general
shall conduct a preliminary review of the application and notify the
applicant regarding any deficiencies. Once an application is deemed
complete, or beginning on the thirtieth day after the application is
filed, if the attorney general failed to notify the applicant of any
deficiencies, the attorney general shall have an additional sixty
days to conduct an investigation and either grant, grant with limits,
restrictions, or probationary conditions, or deny the application
based on findings established and communicated in accordance with
divisions (F) and (I) of this section. As an option to granting,
granting with limits, restrictions, or probationary conditions, or
denying an initial license application, the attorney general may
grant a temporary license and request additional time to conduct the
investigation if the attorney general has cause to believe that
additional time is necessary to complete the investigation and has
notified the applicant in writing about the specific concerns raised
during the investigation.

(F)(1)

The
attorney general shall adopt rules to enforce sections 2915.01,
2915.02, and 2915.07 to 2915.15 of the Revised Code to ensure that
bingo is conducted in accordance with those sections and to maintain
proper control over the conduct of bingo. Except as otherwise
provided in this section, the rules shall be adopted pursuant to
Chapter 119. of the Revised Code.
The
attorney general shall license charitable organizations to conduct
bingo in conformance with this chapter and with the licensing
provisions of Chapter 119. of the Revised Code.

(2)
If any of the following applies to an organization, the attorney
general may refuse to grant a license to the organization, may revoke
or suspend the organization's license, or may place limits,
restrictions, or probationary conditions on the organization's
license for a limited or indefinite period, as determined by the
attorney general:

(a)
The organization fails or has failed at any time to meet any
requirement of section 109.26, 109.31, or 1716.02, or sections
2915.07 to 2915.15 of the Revised Code, or violates or has violated
any provision of sections 2915.02 or 2915.07 to 2915.13 of the
Revised Code or any rule adopted by the attorney general pursuant to
this chapter.

(b)
The organization makes or has made an incorrect or false statement
that is material to the granting of the license in an application
filed under this section.

(c)
The organization submits or has submitted any incorrect or false
information relating to an application if the information is material
to the granting of the license.

(d)
The organization maintains or has maintained any incorrect or false
information that is material to the granting of the license in the
records required to be kept pursuant to section 2915.10 of the
Revised Code, if applicable.

(e)
The attorney general has good cause to believe that the organization
will not conduct bingo in accordance with sections 2915.07 to 2915.15
of the Revised Code or with any rule adopted by the attorney general
pursuant to this chapter.

(3)
If the attorney general has good cause to believe that any director
or officer of the organization has breached the director's or
officer's fiduciary duty to, or committed theft or any other type of
misconduct related to, the organization or any other charitable
organization that has been issued a bingo license under this chapter,
the attorney general may refuse to grant a license to the
organization, may impose limits, restrictions, or probationary
conditions on the license, or may revoke or suspend the
organization's license for a period not to exceed five years.

(4)
The attorney general may impose a civil fine on an organization
licensed or permitted under this chapter for failure to comply with
any restrictions, limits, or probationary conditions on its license,
and for failure to comply with this chapter or any rule adopted under
this chapter, according to a schedule of fines that the attorney
general shall adopt in accordance with Chapter 119. of the Revised
Code.

(5)
For the purposes of division (F) of this section, any action of an
officer, trustee, agent, representative, or bingo game operator of an
organization is an action of the organization.

(G)
The attorney general may grant licenses to charitable organizations
that are branches, lodges, or chapters of national charitable
organizations.

(H)
The attorney general shall send notice of any of the following
actions in writing to the prosecuting attorney and sheriff of the
county in which the charitable organization is located and to any
other law enforcement agency in that county that so requests, of all
of the following:

(1)
The issuance of a license under this section;

(2)
The issuance of an amended license under this section;

(3)
The rejection of an application for and refusal to grant a license
under this section;

(4)
The revocation of any license previously issued under this section;

(5)
The suspension of any license previously issued under this section;

(6)
The placing of any limits, restrictions, or probationary conditions
placed on a license issued under this section.

(I)
A license issued by the attorney general under this section shall set
forth the information contained on the application of the charitable
organization that the attorney general determines is relevant,
including, but not limited to, the location at which the organization
will conduct bingo, whether the license is a type I, type II, or type
III license, and the days of the week and the times on each of those
days when bingo will be conducted. If the attorney general refuses to
grant, places limits, restrictions, or probationary conditions on, or
revokes or suspends a license, the attorney general shall notify the
applicant in writing and specifically identify the reason for the
refusal, revocation, limit, restriction, probationary condition, or
suspension in narrative form and, if applicable, by identifying the
section of the Revised Code violated. The failure of the attorney
general to give the written notice of the reasons for the refusal,
revocation, limit, restriction, probationary condition, or suspension
or a mistake in the written notice does not affect the validity of
the attorney general's refusal to grant, or the revocation or
suspension of, or limit, restriction, probationary condition on, a
license. If the attorney general fails to give the written notice or
if there is a mistake in the written notice, the applicant may bring
an action to compel the attorney general to comply with this division
or to correct the mistake, but the attorney general's order refusing
to grant, or placing a limit, restriction, or probationary condition
on, or revoking or suspending, a license shall not be enjoined during
the pendency of the action.

(J)(1)(a)
Except as otherwise provided in division (J)(2) of this section, a
charitable organization that has been issued a license under this
section but that cannot conduct bingo at the location, or on the day
of the week or at the time, specified on the license due to
circumstances that make it impractical to do so, or that desires to
conduct instant bingo other than at a bingo session at additional
locations not identified on the license, may apply in writing,
together with an application fee of two hundred fifty dollars, to the
attorney general, at least thirty days prior to a change in or
addition of a location, day of the week, or time, and request an
amended license.

(b)
As applicable, the application shall describe the causes making it
impractical for the organization to conduct bingo in conformity with
its license and shall indicate the location, days of the week, and
times on each of those days when it desires to conduct bingo and, as
applicable, shall indicate the additional locations at which it
desires to conduct instant bingo other than at a bingo session.

(c)
Except as otherwise provided in division (J)(3) of this section, the
attorney general shall issue the amended license in accordance with
division (I) of this section, and the organization shall surrender
its original license to the attorney general.

(2)(a)
A charitable organization that has been issued a license under this
section to conduct electronic instant bingo but that cannot conduct
electronic instant bingo at the location, or on the day of the week
or at the time, specified on the license due to circumstances that
make it impractical to do so, may apply in writing, together with an
application fee of two hundred fifty dollars, to the attorney
general, at least thirty days prior to a change in a location, day of
the week, or time, and request an amended license. A charitable
organization may not apply for an amended license to conduct
electronic instant bingo at any additional location.

(b)
The application shall describe the causes making it impractical for
the organization to conduct electronic instant bingo in conformity
with its license and shall indicate the location, days of the week,
and times on each of those days when it desires to conduct electronic
instant bingo.

(c)
Except as otherwise provided in division (J)(3) of this section, the
attorney general shall issue the amended license in accordance with
division (I) of this section, and the organization shall surrender
its original license to the attorney general.

(3)
The attorney general may refuse to grant an amended license under
division (J)(1) or (2) of this section according to the terms of
division (F) of this section.

(K)
The attorney general may enter into a written contract with any other
state agency to delegate to that state agency the powers prescribed
to the attorney general under Chapter 2915. of the Revised Code.

(L)
The attorney general, by rule adopted pursuant to section 111.15 of
the Revised Code, may adopt rules to determine the requirements for a
charitable organization that is exempt from federal income taxation
under subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code to be in good standing in the state.

Sec.
2919.271.
(A)(1)(a)
If a defendant is charged with a violation of section 2919.27 of the
Revised Code or of a municipal ordinance that is substantially
similar to that section, the court may order an evaluation of the
mental condition of the defendant if the court determines that either
of the following criteria apply:

(i)
If the alleged violation is a violation of a protection order issued
or consent agreement approved pursuant to section 2919.26 or 3113.31
of the Revised Code, that the violation allegedly involves conduct by
the defendant that caused physical harm to the person or property of
a family or household member covered by the order or agreement, or
conduct by the defendant that caused a family or household member to
believe that the defendant would cause physical harm to that member
or that member's property.

(ii)
If the alleged violation is a violation of a protection order issued
pursuant to section 2903.213 or 2903.214 of the Revised Code or a
protection order issued by a court of another state, that the
violation allegedly involves conduct by the defendant that caused
physical harm to the person or property of the person covered by the
order, or conduct by the defendant that caused the person covered by
the order to believe that the defendant would cause physical harm to
that person or that person's property.

(b)
If a defendant is charged with a violation of section 2903.211 of the
Revised Code or of a municipal ordinance that is substantially
similar to that section, the court may order an evaluation of the
mental condition of the defendant.

(2)
An evaluation ordered under division (A)(1) of this section shall be
completed no later than thirty days from the date the order is
entered pursuant to that division. In that order, the court shall do
either of the following:

(a)
Order that the evaluation of the mental condition of the defendant be
preceded by an examination conducted either by a forensic center that
is designated by the department of mental health and addiction
services to conduct examinations and make evaluations of defendants
charged with violations of section 2903.211 or 2919.27 of the Revised
Code or of substantially similar municipal ordinances in the area in
which the court is located, or by any other program or facility that
is designated by the department of mental health and addiction
services or the department of developmental disabilities to conduct
examinations and make evaluations of defendants charged with
violations of section 2903.211 or 2919.27 of the Revised Code or of
substantially similar municipal ordinances, and that is operated by
either department or is certified by either department as being in
compliance with the standards established under division (B)(7) of
section 5119.10 of the Revised Code or division
(C)
(B)

of section 5123.04 of the Revised Code.

(b)
Designate a center, program, or facility other than one designated by
the department of mental health and addiction services or the
department of developmental disabilities, as described in division
(A)(2)(a) of this section, to conduct the evaluation and preceding
examination of the mental condition of the defendant.

Whether
the court acts pursuant to division (A)(2)(a) or (b) of this section,
the court may designate examiners other than the personnel of the
center, program, facility, or department involved to make the
evaluation and preceding examination of the mental condition of the
defendant.

(B)
If the court considers that additional evaluations of the mental
condition of a defendant are necessary following the evaluation
authorized by division (A) of this section, the court may order up to
two additional similar evaluations. These evaluations shall be
completed no later than thirty days from the date the applicable
court order is entered. If more than one evaluation of the mental
condition of the defendant is ordered under this division, the
prosecutor and the defendant may recommend to the court an examiner
whom each prefers to perform one of the evaluations and preceding
examinations.

(C)(1)
The court may order a defendant who has been released on bail to
submit to an examination under division (A) or (B) of this section.
The examination shall be conducted either at the detention facility
in which the defendant would have been confined if the defendant had
not been released on bail, or, if so specified by the center,
program, facility, or examiners involved, at the premises of the
center, program, or facility. Additionally, the examination shall be
conducted at the times established by the examiners involved. If such
a defendant refuses to submit to an examination or a complete
examination as required by the court or the center, program,
facility, or examiners involved, the court may amend the conditions
of the bail of the defendant and order the sheriff to take the
defendant into custody and deliver the defendant to the detention
facility in which the defendant would have been confined if the
defendant had not been released on bail, or, if so specified by the
center, program, facility, or examiners involved, to the premises of
the center, program, or facility, for purposes of the examination.

(2)
A defendant who has not been released on bail shall be examined at
the detention facility in which the defendant is confined or, if so
specified by the center, program, facility, or examiners involved, at
the premises of the center, program, or facility.

(D)
The examiner of the mental condition of a defendant under division
(A) or (B) of this section shall file a written report with the court
within thirty days after the entry of an order for the evaluation of
the mental condition of the defendant. The report shall contain the
findings of the examiner; the facts in reasonable detail on which the
findings are based; the opinion of the examiner as to the mental
condition of the defendant; the opinion of the examiner as to whether
the defendant represents a substantial risk of physical harm to other
persons as manifested by evidence of recent homicidal or other
violent behavior, evidence of recent threats that placed other
persons in reasonable fear of violent behavior and serious physical
harm, or evidence of present dangerousness; and the opinion of the
examiner as to the types of treatment or counseling that the
defendant needs. The court shall provide copies of the report to the
prosecutor and defense counsel.

(E)
The costs of any evaluation and preceding examination of a defendant
that is ordered pursuant to division (A) or (B) of this section shall
be taxed as court costs in the criminal case.

(F)
If the examiner considers it necessary in order to make an accurate
evaluation of the mental condition of a defendant, an examiner under
division (A) or (B) of this section may request any family or
household member of the defendant to provide the examiner with
information. A family or household member may, but is not required
to, provide information to the examiner upon receipt of the request.

(G)
As used in this section:

(1)
"Bail" includes a recognizance.

(2)
"Examiner" means a psychiatrist, a licensed independent
social worker who is employed by a forensic center that is certified
as being in compliance with the standards established under division
(B)(7) of section 5119.10 or division
(C)
(B)

of section 5123.04 of the Revised Code, a licensed professional
clinical counselor who is employed at a forensic center that is
certified as being in compliance with such standards, or a licensed
clinical psychologist, except that in order to be an examiner, a
licensed clinical psychologist shall meet the criteria of division
(I) of section 5122.01 of the Revised Code or be employed to conduct
examinations by the department of mental health and addiction
services or by a forensic center certified as being in compliance
with the standards established under division (B)(7) of section
5119.10 or division
(C)
(B)

of section 5123.04 of the Revised Code that is designated by the
department of mental health and addiction services.

(3)
"Family or household member" has the same meaning as in
section 2919.25 of the Revised Code.

(4)
"Prosecutor" has the same meaning as in section 2935.01 of
the Revised Code.

(5)
"Psychiatrist" and "licensed clinical psychologist"
have the same meanings as in section 5122.01 of the Revised Code.

(6)
"Protection order issued by a court of another state" has
the same meaning as in section 2919.27 of the Revised Code.

Sec.
2927.27.
(A)
No person, other than a law enforcement officer, shall apprehend,
detain, or arrest a principal on bond, wherever issued, unless that
person meets all of the following criteria:

(1)
The person is any of the following:

(a)
Qualified, licensed, and appointed as a surety bail bond agent under
sections 3905.83 to
3905.95

3905.941

of
the Revised Code;

(b)
Licensed as a surety bail bond agent by the state where the bond was
written;

(c)
Licensed as a private investigator under
chapter

Chapter

4749. of the Revised Code;

(d)
Licensed as a private investigator by the state where the bond was
written;

(e)
An off-duty peace officer, as defined in section 2921.51 of the
Revised Code.

(2)
The person, prior to apprehending, detaining, or arresting the
principal, has entered into a written contract with the surety or
with a licensed surety bail bond agent appointed by the surety, which
contract sets forth the name of the principal who is to be
apprehended, detained, or arrested.

For
purposes of division (A)(2) of this section, "surety" has
the same meaning as in section 3905.83 of the Revised Code.

(3)
The person, prior to apprehending, detaining, or arresting the
principal, has notified the local law enforcement agency having
jurisdiction over the area in which such activities will be performed
and has provided any form of identification or other information
requested by the law enforcement agency.

(B)
No person shall represent the person's self to be a bail enforcement
agent or bounty hunter, or claim any similar title, in this state.

(C)(1)
Whoever violates this section is guilty of illegal bail bond agent
practices.

(2)
A violation of division (A) of this section is a misdemeanor of the
first degree or, if the offender previously has been convicted of or
pleaded guilty to two or more violations of division (A) of this
section, a felony of the third degree.

(3)
A violation of division (B) of this section is a misdemeanor of the
first degree or, if the offender previously has been convicted of or
pleaded guilty to two or more violations of division (B) of this
section, a felony of the third degree.

Sec.
2950.08.
(A)
Subject to division (B) of this section, the statements, information,
photographs, fingerprints, and material required by sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code and provided by a
person who registers, who provides notice of a change of residence,
school, institution of higher education, or place of employment
address and registers the new residence, school, institution of
higher education, or place of employment address, or who provides
verification of a current residence, school, institution of higher
education, or place of employment address pursuant to those sections
and that are in the possession of the bureau of criminal
identification and investigation and the information in the
possession of the bureau that was received by the bureau pursuant to
section 2950.14 of the Revised Code shall not be open to inspection
by the public or by any person other than the following persons:

(1)
A regularly employed peace officer or other law enforcement officer;

(2)
An authorized employee of the bureau of criminal identification and
investigation for the purpose of providing information to a board,
administrator, or person pursuant to division (F) or (G) of section
109.57 of the Revised Code;

(3)
The registrar of motor vehicles, or an employee of the registrar of
motor vehicles, for the purpose of verifying and updating any of the
information so provided, upon the request of the bureau of criminal
identification and investigation;

(4)
The director of children and youth, or an employee of the director,
for the purpose of complying with division (D) of section 5104.013 of
the Revised Code.

(B)
Division (A) of this section does not apply to any information that
is contained in the internet sex offender and child-victim offender
database established by the attorney general under division

(A)(11)
(A)(10)

of section 2950.13 of the Revised Code regarding offenders and that
is disseminated as described in that division.

Sec.
2950.13.
(A)
The attorney general shall do all of the following:

(1)
No later than July 1, 1997, establish and maintain a state registry
of sex offenders and child-victim offenders that is housed at the
bureau of criminal identification and investigation and that contains
all of the registration, change of residence, school, institution of
higher education, or place of employment address, and verification
information the bureau receives pursuant to sections 2950.04,
2950.041, 2950.05, and 2950.06 of the Revised Code regarding each
person who is convicted of, pleads guilty to, has been convicted of,
or has pleaded guilty to a sexually oriented offense or a
child-victim oriented offense and each person who is or has been
adjudicated a delinquent child for committing a sexually oriented
offense or a child-victim oriented offense and is classified a
juvenile offender registrant or is an out-of-state juvenile offender
registrant based on that adjudication, all of the information the
bureau receives pursuant to section 2950.14 of the Revised Code, and
any notice of an order terminating or modifying an offender's or
delinquent child's duty to comply with sections 2950.04, 2950.041,
2950.05, and 2950.06 of the Revised Code the bureau receives pursuant
to section 2152.84, 2152.85, or 2950.15 of the Revised Code. For a
person who was convicted of or pleaded guilty to the sexually
oriented offense or child-victim related offense, the registry also
shall indicate whether the person was convicted of or pleaded guilty
to the offense in a criminal prosecution or in a serious youthful
offender case. The registry shall not be open to inspection by the
public or by any person other than a person identified in division
(A) of section 2950.08 of the Revised Code. In addition to the
information and material previously identified in this division, the
registry shall include all of the following regarding each person who
is listed in the registry:

(a)
A citation for, and the name of, all sexually oriented offenses or
child-victim oriented offenses of which the person was convicted, to
which the person pleaded guilty, or for which the person was
adjudicated a delinquent child and that resulted in a registration
duty, and the date on which those offenses were committed;

(b)
The text of the sexually oriented offenses or child-victim oriented
offenses identified in division (A)(1)(a) of this section as those
offenses existed at the time the person was convicted of, pleaded
guilty to, or was adjudicated a delinquent child for committing those
offenses, or a link to a database that sets forth the text of those
offenses;

(c)
A statement as to whether the person is a tier I sex
offender/child-victim offender, a tier II sex offender/child-victim
offender, or a tier III sex offender/child-victim offender for the
sexually oriented offenses or child-victim oriented offenses
identified in division (A)(1)(a) of this section;

(d)
The community supervision status of the person, including, but not
limited to, whether the person is serving a community control
sanction and the nature of any such sanction, whether the person is
under supervised release and the nature of the release, or regarding
a juvenile, whether the juvenile is under any type of release
authorized under Chapter 2152. or 5139. of the Revised Code and the
nature of any such release;

(e)
The offense and delinquency history of the person, as determined from
information gathered or provided under sections 109.57 and 2950.14 of
the Revised Code;

(f)
The bureau of criminal identification and investigation tracking
number assigned to the person if one has been so assigned, the
federal bureau of investigation number assigned to the person if one
has been assigned and the bureau of criminal identification and
investigation is aware of the number, and any other state
identification number assigned to the person of which the bureau is
aware;

(g)
Fingerprints and palmprints of the person;

(h)
A DNA specimen, as defined in section 109.573 of the Revised Code,
from the person;

(i)
Whether the person has any outstanding arrest warrants;

(j)
Whether the person is in compliance with the person's duties under
this chapter.

(2)

In
consultation with local law enforcement representatives and no later
than July 1, 1997, adopt rules that contain guidelines necessary for
the implementation of this chapter;

(3)

In consultation with local law enforcement representatives, adopt
rules for the implementation and administration of the provisions
contained in section 2950.11 of the Revised Code that pertain to the
notification of neighbors of an offender or a delinquent child who
has committed a sexually oriented offense or a child-victim oriented
offense and is in a category specified in division (F)(1) of that
section and rules that prescribe a manner in which victims of a
sexually oriented offense or a child-victim oriented offense
committed by an offender or a delinquent child who is in a category
specified in division (B)(1) of section 2950.10 of the Revised Code
may make a request that specifies that the victim would like to be
provided the notices described in divisions (A)(1) and (2) of section
2950.10 of the Revised Code;

(4)
(3)

In consultation with local law enforcement representatives and
through the bureau of criminal identification and investigation,
prescribe the forms to be used by judges and officials pursuant to
section 2950.03 or 2950.032 of the Revised Code to advise offenders
and delinquent children of their duties of filing a notice of intent
to reside, registration, notification of a change of residence,
school, institution of higher education, or place of employment
address and registration of the new school, institution of higher
education, or place of employment address, as applicable, and address
verification under sections 2950.04, 2950.041, 2950.05, and 2950.06
of the Revised Code, and prescribe the forms to be used by sheriffs
relative to those duties of filing a notice of intent to reside,
registration, change of residence, school, institution of higher
education, or place of employment address notification, and address
verification;

(5)
(4)

Make copies of the forms prescribed under division
(A)(4)
(A)(3)

of this section available to judges, officials, and sheriffs;

(6)
(5)

Through the bureau of criminal identification and investigation,
provide the notifications, the information and materials, and the
documents that the bureau is required to provide to appropriate law
enforcement officials and to the federal bureau of investigation
pursuant to sections 2950.04, 2950.041, 2950.05, and 2950.06 of the
Revised Code;

(7)
(6)

Through the bureau of criminal identification and investigation,
maintain the verification forms returned under the address
verification mechanism set forth in section 2950.06 of the Revised
Code;

(8)
(7)

In consultation with representatives of the officials, judges, and
sheriffs, adopt procedures for officials, judges, and sheriffs to use
to forward information, photographs, and fingerprints to the bureau
of criminal identification and investigation pursuant to the
requirements of sections 2950.03, 2950.04, 2950.041, 2950.05,
2950.06, and 2950.11 of the Revised Code;

(9)
(8)

In consultation with the director of education, the director of
children and youth, and the director of rehabilitation and
correction, adopt rules that contain guidelines to be followed by
boards of education of a school district, chartered nonpublic schools
or other schools not operated by a board of education, preschool
programs, child care centers, type A family child care homes,
licensed type B family child care homes, and institutions of higher
education regarding the proper use and administration of information
received pursuant to section 2950.11 of the Revised Code relative to
an offender or delinquent child who has committed a sexually oriented
offense or a child-victim oriented offense and is in a category
specified in division (F)(1) of that section;

(10)
(9)

In consultation with local law enforcement representatives and no
later than July 1, 1997, adopt rules that designate a geographic area
or areas within which the notice described in division (B) of section
2950.11 of the Revised Code must be given to the persons identified
in divisions (A)(2) to (8) and (A)(10) of that section;

(11)
(10)

Through the bureau of criminal identification and investigation, not
later than January 1, 2004, establish and operate on the internet a
sex offender and child-victim offender database that contains
information for every offender who has committed a sexually oriented
offense or a child-victim oriented offense and registers in any
county in this state pursuant to section 2950.04 or 2950.041 of the
Revised Code and for every delinquent child who has committed a
sexually oriented offense, is a public registry-qualified juvenile
offender registrant, and registers in any county in this state
pursuant to either such section. The bureau shall not include on the
database the identity of any offender's or public registry-qualified
juvenile offender registrant's victim, any offender's or public
registry-qualified juvenile offender registrant's social security
number, the name of any school or institution of higher education
attended by any offender or public registry-qualified juvenile
offender registrant, the name of the place of employment of any
offender or public registry-qualified juvenile offender registrant,
any tracking or identification number described in division (A)(1)(f)
of this section, or any information described in division (C)(7) of
section 2950.04 or 2950.041 of the Revised Code. The bureau shall
provide on the database, for each offender and each public
registry-qualified juvenile offender registrant, at least the
information specified in divisions
(A)(11)(a)
(A)(10)(a)

to (h) of this section. Otherwise, the bureau shall determine the
information to be provided on the database for each offender and
public registry-qualified juvenile offender registrant and shall
obtain that information from the information contained in the state
registry of sex offenders and child-victim offenders described in
division (A)(1) of this section, which information, while in the
possession of the sheriff who provided it, is a public record open
for inspection as described in section 2950.081 of the Revised Code.
The database is a public record open for inspection under section
149.43 of the Revised Code, and it shall be searchable by offender or
public registry-qualified juvenile offender registrant name, by
county, by zip code, and by school district. The database shall
provide a link to the web site of each sheriff who has established
and operates on the internet a sex offender and child-victim offender
database that contains information for offenders and public
registry-qualified juvenile offender registrants who register in that
county pursuant to section 2950.04 or 2950.041 of the Revised Code,
with the link being a direct link to the sex offender and
child-victim offender database for the sheriff. The bureau shall
provide on the database, for each offender and public
registry-qualified juvenile offender registrant, at least the
following information:

(a)
The information described in divisions (A)(1)(a), (b), (c), and (d)
of this section relative to the offender or public registry-qualified
juvenile offender registrant;

(b)
The address of the offender's or public registry-qualified juvenile
offender registrant's school, institution of higher education, or
place of employment provided in a registration form;

(c)
The information described in division (C)(6) of section 2950.04 or
2950.041 of the Revised Code;

(d)
A chart describing which sexually oriented offenses and child-victim
oriented offenses are included in the definitions of tier I sex
offender/child-victim offender, tier II sex offender/child-victim
offender, and tier III sex offender/child-victim offender;

(e)
Fingerprints and palmprints of the offender or public
registry-qualified juvenile offender registrant and a DNA specimen
from the offender or public registry-qualified juvenile offender
registrant;

(f)
The information set forth in division (B) of section 2950.11 of the
Revised Code;

(g)
Any outstanding arrest warrants for the offender or public
registry-qualified juvenile offender registrant;

(h)
The offender's or public registry-qualified juvenile offender
registrant's compliance status with duties under this chapter.

(12)
(11)

Develop software to be used by sheriffs in establishing on the
internet a sex offender and child-victim offender database for the
public dissemination of some or all of the information and materials
described in division (A) of section 2950.081 of the Revised Code
that are public records under that division, that are not prohibited
from inclusion by division (B) of that section, and that pertain to
offenders and public registry-qualified juvenile offender registrants
who register in the sheriff's county pursuant to section 2950.04 or
2950.041 of the Revised Code and for the public dissemination of
information the sheriff receives pursuant to section 2950.14 of the
Revised Code and, upon the request of any sheriff, provide technical
guidance to the requesting sheriff in establishing on the internet
such a database;

(13)
(12)

Through the bureau of criminal identification and investigation, not
later than January 1, 2004, establish and operate on the internet a
database that enables local law enforcement representatives to
remotely search by electronic means the state registry of sex
offenders and child-victim offenders described in division (A)(1) of
this section and any information and materials the bureau receives
pursuant to sections 2950.04, 2950.041, 2950.05, 2950.06, and 2950.14
of the Revised Code. The database shall enable local law enforcement
representatives to obtain detailed information regarding each
offender and delinquent child who is included in the registry,
including, but not limited to the offender's or delinquent child's
name, aliases, residence address, name and address of any place of
employment, school, institution of higher education, if applicable,
license plate number of each vehicle identified in division (C)(5) of
section 2950.04 or 2950.041 of the Revised Code to the extent
applicable, victim preference if available, date of most recent
release from confinement if applicable, fingerprints, and palmprints,
all of the information and material described in divisions (A)(1)(a)
to (h) of this section regarding the offender or delinquent child,
and other identification parameters the bureau considers appropriate.
The database is not a public record open for inspection under section
149.43 of the Revised Code and shall be available only to law
enforcement representatives as described in this division.
Information obtained by local law enforcement representatives through
use of this database is not open to inspection by the public or by
any person other than a person identified in division (A) of section
2950.08 of the Revised Code.

(14)
(13)

Through the bureau of criminal identification and investigation,
maintain a list of requests for notice about a specified offender or
delinquent child or specified geographical notification area made
pursuant to division (J) of section 2950.11 of the Revised Code and,
when an offender or delinquent child changes residence to another
county, forward any requests for information about that specific
offender or delinquent child to the appropriate sheriff;

(15)
(14)

Through the bureau of criminal identification and investigation,
establish and operate a system for the immediate notification by
electronic means of the appropriate officials in other states
specified in this division each time an offender or delinquent child
registers a residence, school, institution of higher education, or
place of employment address under section 2950.04 or 2950.041 of the
Revised Code or provides a notice of a change of address or registers
a new address under division (A) or (B) of section 2950.05 of the
Revised Code. The immediate notification by electronic means shall be
provided to the appropriate officials in each state in which the
offender or delinquent child is required to register a residence,
school, institution of higher education, or place of employment
address. The notification shall contain the offender's or delinquent
child's name and all of the information the bureau receives from the
sheriff with whom the offender or delinquent child registered the
address or provided the notice of change of address or registered the
new address.

(B)
The attorney general in consultation with local law enforcement
representatives, may adopt rules that establish one or more
categories of neighbors of an offender or delinquent child who, in
addition to the occupants of residential premises and other persons
specified in division (A)(1) of section 2950.11 of the Revised Code,
must be given the notice described in division (B) of that section.

(C)
No person, other than a local law enforcement representative, shall
knowingly do any of the following:

(1)
Gain or attempt to gain access to the database established and
operated by the attorney general, through the bureau of criminal
identification and investigation, pursuant to division
(A)(13)
(A)(12)

of this section.

(2)
Permit any person to inspect any information obtained through use of
the database described in division (C)(1) of this section, other than
as permitted under that division.

(D)
As used in this section, "local law enforcement representatives"
means representatives of the sheriffs of this state, representatives
of the municipal chiefs of police and marshals of this state, and
representatives of the township constables and chiefs of police of
the township police departments or police district police forces of
this state.

Sec.
2950.131.
(A)
By January 1, 2008, the bureau of criminal identification and
investigation, with the assistance of the office of criminal justice
services, shall include on the internet sex offender and child-victim
offender database established and operated pursuant to division

(A)(11)
(A)(10)

of section 2950.13 of the Revised Code a link to educational
information for the public on current research about sex offenders
and child-victim offenders. Each sheriff who has established on the
internet a sex offender and child-victim offender database may
include a link to this information on the sheriff's internet
database.

(B)
By January 1, 2008, the internet sex offender and child-victim
offender database established and operated pursuant to division

(A)(11)
(A)(10)

of section 2950.13 of the Revised Code and each sheriff's internet
sex offender and child-victim offender database is required to inform
offenders and public registry-qualified juvenile offender registrants
that they may contact the sheriff of the county in which the offender
or delinquent child registered an address if the offender or
delinquent child believes that information contained on the internet
sex offender and child-victim offender database or sheriff's internet
sex offender and child-victim offender database pertaining to the
offender or delinquent child is incorrect.

Sec.
2950.14.
(A)
Prior to releasing an offender who is under the custody and control
of the department of rehabilitation and correction and who has been
convicted of or pleaded guilty to committing, either prior to, on, or
after January 1, 1997, any sexually oriented offense or any
child-victim oriented offense, the department of rehabilitation and
correction shall provide all of the information described in division
(B) of this section to the bureau of criminal identification and
investigation regarding the offender and to the sheriff of the county
in which the offender's anticipated future residence is located.
Prior to releasing a delinquent child who is in the custody of the
department of youth services who has been adjudicated a delinquent
child for committing any sexually oriented offense or any
child-victim oriented offense, regardless of when the offense was
committed, and who has been classified a juvenile offender registrant
based on that adjudication, the department of youth services shall
provide all of the information described in division (B) of this
section to the bureau of criminal identification and investigation
regarding the delinquent child.

(B)
The department of rehabilitation and correction and the department of
youth services shall provide all of the following information to the
bureau of criminal identification and investigation regarding an
offender or delinquent child described in division (A) of this
section:

(1)
The offender's or delinquent child's name and any aliases used by the
offender or delinquent child;

(2)
All identifying factors concerning, and a physical description of,
the offender or delinquent child;

(3)
The offender's or delinquent child's anticipated future residence;

(4)
The offense and delinquency history and the terms and conditions of
release of the offender or delinquent child;

(5)
Whether the offender or delinquent child was treated for a mental
abnormality or personality disorder while under the custody and
control of the department;

(6)
Any other information that the bureau indicates is relevant and that
the department possesses.

(C)
Upon receipt of the information described in division (B) of this
section regarding an offender or delinquent child, the bureau
immediately shall enter the information into the state registry of
sex offenders and child-victim offenders that the bureau maintains
pursuant to section 2950.13 of the Revised Code and into the records
that the bureau maintains pursuant to division (A) of section 109.57
of the Revised Code. Upon receipt of that information regarding an
offender, the bureau immediately shall enter the information on the
sex offender and child-victim offender database it establishes and
operates on the internet pursuant to division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code.

(D)
Upon receipt of the information described in division (B) of this
section regarding an offender, a sheriff who has established on the
internet a sex offender and child-victim offender database for the
public dissemination of information regarding such offenders shall
enter that information on the database.

Sec.
2953.26.
(A)
As used in this section:

(1)
"Collateral sanction for housing" means a penalty,
disability, or disadvantage that is related to housing as a result of
the individual's conviction of or plea of guilty to an offense and
that applies by operation of law in this state whether or not the
penalty, disability, or disadvantage is included in the sentence or
judgment imposed.

"Collateral
sanction for housing" does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fine,
assessment, or costs of prosecution.

(2)
"Decision-maker" means a housing provider in this state of
residential premises as defined in section 1923.01 of the Revised
Code, including a landlord as defined in section 1923.01 of the
Revised Code and a metropolitan housing authority established in
Chapter 3735. of the Revised Code.

(3)
"Division of parole and community services" means the
division of parole and community services of the department of
rehabilitation and correction.

(4)
"Offense" means any felony or misdemeanor under the laws of
this state.

(5)
"Tort action" means a civil action for injury, death, or
loss to person or property.

(B)(1)
An individual who is subject to one or more collateral sanctions for
housing as a result of being convicted of or pleading guilty to an
offense and who has not already received a certificate of
qualification for housing under section 2961.25 of the Revised Code
may file for a certificate of qualification for housing by doing
either of the following:

(a)
In the case of an individual who resides in this state, filing a
petition with the court of common pleas of the county in which the
person resides;

(b)
In the case of an individual who resides outside of this state,
filing a petition with the court of common pleas of any county in
which any conviction or plea of guilty from which the individual
seeks relief was entered.

(2)
A petition under division (B)(1) of this section shall be made on a
copy of the form prescribed by the division of parole and community
services under division (I) of this section, shall contain all of the
information described in division (E) of this section, and, except as
provided in division (B)(5) of this section, shall be accompanied by
an application fee of fifty dollars.

(3)
An individual may file a petition under division (B)(1) of this
section at any time after the expiration of whichever of the
following is applicable:

(a)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a felony, at any time after
the expiration of one year from the date of release of the individual
from any period of incarceration in a state or local correctional
facility that was imposed for that offense or, if the individual was
not incarcerated for that offense, at any time after the expiration
of one year from the date of the individual's final release from all
other sanctions imposed for that offense;

(b)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a misdemeanor, at any time
after the expiration of six months from the date of release of the
individual from any period of incarceration in a local correctional
facility that was imposed for that offense and all periods of
supervision imposed after release from the period of incarceration
or, if the individual was not incarcerated for that offense, at any
time after the expiration of six months from the date of the final
release of the individual from all sanctions imposed for that offense
including any period of supervision.

(4)
A court of common pleas that receives a petition for a certificate of
qualification for housing from an individual shall attempt to
determine all other courts in this state in which the individual was
convicted of or pleaded guilty to an offense other than the offense
from which the individual is seeking relief. The court shall notify
all other courts in this state that it determines under this division
were courts in which the individual was convicted of or pleaded
guilty to an offense other than the offense from which the individual
is seeking relief that the individual has filed the petition and that
the court may send comments regarding the possible issuance of the
certificate, and shall notify the county's prosecuting attorney that
the individual has filed the petition.

A
court of common pleas that receives a petition for a certificate of
qualification for housing may direct the clerk of court to process
and record all notices required in or under this section. Except as
provided in division (B)(5) of this section, the court shall pay
thirty dollars of the application fee into the state treasury and
twenty dollars of the application fee into the county general revenue
fund.

(5)
Upon receiving a petition for a certificate of qualification for
housing, a court of common pleas may waive all or part of the
fifty-dollar-filing fee for an applicant who is indigent. If an
application fee is partially waived, the first twenty dollars of the
fee that is collected shall be paid into the county general revenue
fund. Any partial fee collected in excess of twenty dollars shall be
paid into the state treasury.

(C)(1)
Upon receiving a petition for a certificate of qualification for
housing, the court shall review the individual's petition, the
individual's criminal history, except for information contained in
any record that has been sealed under section 2953.32 of the Revised
Code, all filings submitted by the prosecutor or by the victim

in accordance with rules adopted by the division of parole and
community services
,
the applicant's military service record, if applicable, and whether
the applicant has an emotional, mental, or physical condition that is
traceable to the applicant's military service in the armed forces of
the United States and that was a contributing factor in the
commission of the offense or offenses, and all other relevant
evidence. The court may order any report, investigation, or
disclosure by the individual that the court believes is necessary for
the court to reach a decision on whether to approve the individual's
petition for a certificate of qualification for housing, except that
the court shall not require an individual to disclose information
about any record sealed under section 2953.32 of the Revised Code.

(2)
Upon receiving a petition for a certificate of qualification for
housing, except as otherwise provided in this division, the court
shall decide whether to issue the certificate within sixty days after
the court receives the completed petition and all information
requested for the court to make that decision. Upon request of the
individual who filed the petition, the court may extend the sixty-day
period specified in this division.

(3)
Except as provided in division (C)(5) of this section and subject to
division (D)(3) of this section, a court that receives an
individual's petition for a certificate of qualification for housing
may issue a certificate of qualification for housing, at the court's
discretion, if the court finds that the individual has established
all of the following by a preponderance of the evidence:

(a)
Granting the petition will materially assist the individual in
obtaining housing.

(b)
The individual has a substantial need for the relief requested in
order to live a law-abiding life.

(c)
Granting the petition would not pose an unreasonable risk to the
safety of the public or any individual.

(4)
The submission of an incomplete petition by an individual shall not
be grounds for the court to deny the petition.

(5)
Subject to division (C)(6) of this section, an individual is
rebuttably presumed to be eligible for a certificate of qualification
for housing if the court that receives the individual's petition
finds all of the following:

(a)
The application was filed after the expiration of the applicable
waiting period prescribed in division (B)(3) of this section.

(b)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a felony, at least three
years have elapsed since the date of release of the individual from
any period of incarceration in a state or local correctional facility
that was imposed for that offense and all periods of supervision
imposed after release from the period of incarceration or, if the
individual was not incarcerated for that offense, at least three
years have elapsed since the date of the individual's final release
from all other sanctions imposed for that offense;

(c)
If the offense that resulted in the collateral sanction for housing
from which the individual seeks relief is a misdemeanor, at least one
year has elapsed since the date of release of the individual from any
period of incarceration in a local correctional facility that was
imposed for that offense and all periods of supervision imposed after
release from the period of incarceration or, if the individual was
not incarcerated for that offense, at least one year has elapsed
since the date of the final release of the individual from all
sanctions imposed for that offense including any period of
supervision.

(6)
An application that meets all of the requirements for the presumption
under division (C)(5) of this section shall be denied only if the
court that receives the petition finds that the evidence reviewed
under division (C)(1) of this section rebuts the presumption of
eligibility for issuance by establishing, by a preponderance of the
evidence, that the applicant has not been rehabilitated.

(7)
If a court that receives an individual's petition for a certificate
of qualification for housing denies the petition, the court shall
provide written notice to the individual of the court's denial. The
court may place conditions on the individual regarding the
individual's filing of any subsequent petition for a certificate of
qualification for housing. The written notice must notify the
individual of any conditions placed on the individual's filing of a
subsequent petition for a certificate of qualification for housing.

If
a court of common pleas that receives an individual's petition for a
certificate of qualification for housing denies the petition, the
individual may appeal the decision to the court of appeals only if
the individual alleges that the denial was an abuse of discretion on
the part of the court of common pleas.

(D)(1)
A certificate of qualification for housing issued to an individual
under this section or section 2961.25 of the Revised Code lifts the
automatic bar of a collateral sanction for housing and a
decision-maker shall consider on a case-by-case basis whether to
provide or deny housing, notwithstanding the individual's possession
of the certificate, without, however, reconsidering or rejecting any
finding made by a court under division (C)(3) of this section.

(2)
The certificate constitutes a rebuttable presumption that the
person's criminal convictions are insufficient evidence that the
person is unfit for the housing in question. Notwithstanding the
presumption established under this division, the decision-maker may
deny the housing to the person if it determines that the person is
unfit for the housing.

(3)
A certificate of qualification for housing issued to an individual
under this section or section 2961.25 of the Revised Code does not
create relief from requirements imposed by Chapter 2950. of the
Revised Code and rules adopted under
sections
2950.13 and
section

2950.132
of the Revised Code.

(E)
A petition for a certificate of qualification for housing filed by an
individual under division (B)(1) of this section shall include all of
the following:

(1)
The individual's name, date of birth, and social security number;

(2)
All aliases of the individual and all social security numbers
associated with those aliases;

(3)
The individual's current residential address, including the length of
time that the individual has resided in the current residence,
expressed in years and months, and the city, county, state, and zip
code of the residence;

(4)
A history of the individual's residential address or addresses for
the past ten years, including the length of time that the individual
has resided at the address, expressed in years and months of
residence, and the city, county, state, and zip code of residence;

(5)
A general statement as to why the individual has filed the petition
and how the certificate of qualification for housing would assist the
individual;

(6)
A summary of the individual's criminal history, except for
information contained in any record that has been sealed under
section 2953.32 of the Revised Code, with respect to each offense
that is a disqualification from housing, including the years of each
conviction or plea of guilty for each of those offenses;

(7)
A summary of the individual's employment history, specifying the name
of, and dates of employment with, each employer;

(8)
Verifiable references and endorsements;

(9)
The name of one or more immediate family members of the individual,
or other persons with whom the individual has a close relationship,
who support the individual's reentry plan;

(10)
A summary of the reason the individual believes the certificate of
qualification for housing should be granted;

(11)
Any other information required by rule by the department of
rehabilitation and correction.

(F)(1)
In a tort action, a certificate of qualification for housing issued
to an individual under this section or section 2961.25 of the Revised
Code may be introduced as evidence of a decision-maker's due care in
leasing to the individual to whom the certificate of qualification
for housing was issued if the decision-maker knew of the certificate
at the time of the alleged negligence or other fault.

(2)
In a tort action against a decision-maker for negligent leasing, a
certificate of qualification for housing issued to an individual
under this section or section 2961.25 of the Revised Code provides
immunity for the decision-maker as to the claim if the decision-maker
knew of the certificate at the time of the alleged negligence.

(3)
If a decision-maker leases to an individual who has been issued a
certificate of qualification for housing under this section or
section 2961.25 of the Revised Code, if the individual, after being
leased to, subsequently demonstrates dangerousness or is convicted of
or pleads guilty to a felony or a misdemeanor offense of violence,
and if the decision-maker retains the individual as a lessee after
the demonstration of dangerousness or the conviction or guilty plea,
the decision-maker may be held liable in a tort action that is based
on or relates to the retention of the individual as a lessee only if
it is proved by a preponderance of the evidence that both of the
following apply:

(a)
The decision-maker had actual knowledge that the lessee was dangerous
or had been convicted of or pleaded guilty to the felony or the
misdemeanor offense of violence.

(b)
The decision-maker was willful in retaining the individual as a
lessee after the demonstration of dangerousness or the conviction or
guilty plea of which the decision-maker has actual knowledge.

(G)
A certificate of qualification for housing issued under this section
or section 2961.25 of the Revised Code shall be revoked if the
individual to whom the certificate of qualification for housing was
issued is convicted of or pleads guilty to a felony or a misdemeanor
offense of violence committed subsequent to the issuance of the
certificate of qualification for housing.

(H)
A court's issuance, or failure to issue, under this section, or the
department of rehabilitation and correction's or adult parole
authority's issuance, or failure to issue, under section 2961.25 of
the Revised Code, a certificate of qualification for housing to an
individual does not give rise to a claim for damages against the
department of rehabilitation and correction or court.

(I)
The division of parole and community services
shall
adopt rules in accordance with Chapter 119. of the Revised Code for
the implementation and administration of this section and
shall
prescribe the form for the petition to be used under division (B)(1)
of this section. The form for the petition shall include places for
all of the information specified in division (E) of this section.

(J)
Nothing in this section shall be construed to create or provide a
private right of action.

Sec.
3107.01.
As
used in sections 3107.01 to 3107.20 of the Revised Code:

(A)
"Adoption" means to create the legal relationship of parent
and child between the petitioner and the adopted person, as if the
adopted person were a legitimate blood descendant of the petitioner,
for all purposes including inheritance and applicability of statutes,
documents, and instruments, whether executed before or after the
adoption is decreed, and which do not expressly exclude an adopted
person from their operation or effect.

(B)
"Agency" means any public or private organization
certified, licensed, or otherwise specially empowered by law or rule
to place minors for adoption.

(C)
"Attorney" means a person who has been admitted to the bar
by order of the Ohio supreme court.

(D)
"Best interest" means the factors a court uses to determine
the best interest of a child as set forth in section 3107.161 of the
Revised Code.

(E)
"Child" means a son or daughter, whether by birth or by
adoption.

(F)
"Court" means the probate courts of this state, and when
the context requires, means the court of any other state empowered to
grant petitions for adoption.

(G)
"Date of placement" means the date on which a child is
living with the child's prospective adoptive parent and becomes
eligible for adoption pursuant to statutory authority, judgment
decree or court order, or as otherwise authorized by law.

(H)
"Foster caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(I)
"Identifying information" means any of the following with
regard to a person: first name, last name, maiden name, alias, social
security number, address, telephone number, place of employment,
number used to identify the person for the purpose of the statewide
education management information system established pursuant to
section 3301.0714 of the Revised Code, and any other number federal
or state law requires or permits to be used to identify the person.

(J)
"Kinship caregiver" has the same meaning as in section
5180.50 of the Revised Code.

(K)
"Legal custodian" has the same meaning as in section
5103.16 of the Revised Code.

(L)
"Legal custody" has the same meaning as in section 2151.011
of the Revised Code.

(M)
"Minor" means a person under the age of eighteen years.

(N)
"Parent" means a legally recognized natural or adoptive
parent of a child.

(O)
"Party" means a petitioner, adoptee, or any other person or
agency that is part of an adoption proceeding and whose consent to
the adoption is necessary but has not been obtained.

(P)
"Permanent custody" has the same meaning as in section
2151.011 of the Revised Code.

(Q)
"Placement" means the act by a public children services
agency, a private child placing agency, or a parent who is utilizing
an agency or attorney that is intended to arrange for the care or
custody of a child in accordance with Chapter 5103. of the Revised
Code.

(R)
"Planned permanent living arrangement" has the same meaning
as in section 2151.011 of the Revised Code.

(S)
"Putative father" means a man, including one under age
eighteen, who may be a child's father and to whom all of the
following apply:

(1)
He is not married to the child's mother at the time of the child's
conception or birth;

(2)
He has not adopted the child;

(3)
He has not been determined, prior to the date a petition to adopt the
child is filed, to have a parent and child relationship with the
child by a court proceeding pursuant to sections 3111.01 to 3111.18
of the Revised Code, a court proceeding in another state, an
administrative agency proceeding pursuant to sections 3111.38 to
3111.54 of the Revised Code, or an administrative agency proceeding
in another state;

(4)
He has not acknowledged paternity of the child pursuant to sections
3111.21 to
3111.35

3111.34

of
the Revised Code.

Sec.
3107.033.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code specifying both of the following:

(A)
The manner in which a home study is to be conducted and the
information and documents to be included in a home study report,
which shall include, pursuant to section 3107.034 of the Revised
Code, a summary report of a search of the uniform statewide automated
child welfare information system established in section 5180.40 of
the Revised Code and a report of a check of a central registry of
another state if a request for a check of a central registry of
another state is required under division (A) of section 3107.034 of
the Revised Code. The director shall ensure that rules adopted under
this section align the home study content, time period, and process
with any foster care home study content, time period, and process
required by rules

adopted under section 5103.03 of the Revised Code
.

(B)
A procedure under which a person whose application for adoption has
been denied as a result of a search of the uniform statewide
automated child welfare information system established in section
5180.40 of the Revised Code as part of the home study may appeal the
denial to the agency that employed the assessor who filed the report.

Sec.
3107.035.
(A)
At the time of the initial home study, and every two years
thereafter, if the home study is updated, and until it becomes part
of a final decree of adoption or an interlocutory order of adoption,
the agency or attorney that arranges an adoption for the prospective
adoptive parent shall conduct a search of the United States
department of justice national sex offender public web site regarding
the prospective adoptive parent and all persons eighteen years of age
or older who reside with the prospective adoptive parent.

(B)
A petition for adoption may be denied based solely on the results of
the search of the national sex offender public web site.

(C)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section.

Sec.
3107.0611.
Notice
served under section 3107.067 of the Revised Code shall be provided
to the putative father of the child in substantially the following
form:

"_________________________
(putative father's name), who has been named as the father of the
unborn child of _________________________ (birth mother's name), or
who claims to be the father of the unborn child, is notified that
_________________________ (birth mother's name) has expressed an
intention to place the child for adoption.

On
receipt of this notice, _________________________ (putative father's
name) may file an action under section 3111.04 of the Revised Code.

Under
Ohio law, a putative father means a man, including one under age
eighteen, who may be a child's father and to whom all of the
following apply:

(1)
He is not married to the child's mother at the time of the child's
conception or birth.

(2)
He has not adopted the child.

(3)
He has not been determined, prior to the date a petition to adopt the
child is filed, to have a parent and child relationship with the
child by a court proceeding pursuant to sections 3111.01 to 3111.18
of the Revised Code, a court proceeding in another state, an
administrative agency proceeding pursuant to sections 3111.38 to
3111.54 of the Revised Code, or an administrative agency proceeding
in another state.

(4)
He has not acknowledged paternity of the child pursuant to sections
3111.20 to
3111.35

3111.34

of
the Revised Code.

For
purposes of this notice, _________________________ (putative father's
name) is a putative father under the laws in Ohio regarding
adoption."

Sec.
3107.10.
(A)(1)
A public children services agency arranging an adoption in a county
other than the county where that public children services agency is
located, private child placing agency, or private noncustodial
agency, or an attorney arranging an adoption, shall notify the public
children services agency in the county in which the prospective
adoptive parent resides within ten days after initiation of a home
study required under section 3107.031 of the Revised Code.

(2)
After a public children services agency has received notification
pursuant to division (A)(1) of this section, both the public children
services agency arranging an adoption in a county other than the
county where that public children services agency is located, private
child placing agency, private noncustodial agency, or attorney
arranging an adoption, and the public children services agency shall
share relevant information regarding the prospective adoptive parent
as soon as possible after initiation of the home study.

(B)
A public children services agency arranging an adoption in a county
other than the county where that public children services agency is
located, private child placing agency, or private noncustodial
agency, or an attorney arranging an adoption, shall notify the public
children services agency in the county in which the prospective
adoptive parent resides of an impending adoptive placement not later
than ten days prior to that placement. Notification shall include a
description of the special needs and the age of the prospective
adoptive child and the name of the prospective adoptive parent and
number of children that will be residing in the prospective adoptive
home when the prospective adoptive child is placed in the prospective
adoptive home.

(C)
An agency or attorney sharing relevant information pursuant to this
section is immune from liability in a civil action to recover damages
for injury, death, or loss to person or property allegedly caused by
any act or omission in connection with sharing relevant information
unless the acts or omissions are with malicious purpose, in bad
faith, or in a wanton or reckless manner.

(D)
The director of children and youth shall
,
by rule,

adopt
rules
in accordance with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section, including, but not
limited to,
a
definition of "relevant information" for the purposes of
division (A) of this section.

(E)
This section does not apply to an adoption by a stepparent whose
spouse is a biological or adoptive parent of the minor to be adopted.

Sec.
3107.101.
(A)
Not later than seven days after a minor to be adopted is placed in a
prospective adoptive home pursuant to section 5103.16 of the Revised
Code, the assessor providing placement or post placement services in
the prospective adoptive home shall begin monthly prospective
adoptive home visits in that home, until the court issues a final
decree of adoption. During the prospective adoptive home visits, the
assessor shall evaluate the progression of the placement in the
prospective adoptive home. The assessor shall include the evaluation
in the prefinalization assessment required under section 3107.12 of
the Revised Code.

(B)
During the prospective home visit required under division (A) of this
section, the assessor shall make face-to-face contact with the
prospective adoptive parent and the minor to be adopted. The assessor
shall make contact, as prescribed by rule under division (C) of this
section, with all other children or adults residing in the
prospective adoptive home.

(C)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code
necessary
for
requiring

the

implementation
and execution of this section
assessor
to make contact with all other children or adults residing in the
prospective adoptive home
.

(D)
This section does not apply to an adoption by a stepparent whose
spouse is a biological or adoptive parent of the minor to be adopted.

Sec.
3109.16.
(A)
The children's trust fund board, upon the recommendation of the
director of children and youth, shall approve the employment of an
executive director who will administer the programs of the board.

(B)
The department of children and youth shall provide budgetary,
procurement, accounting, and other related management functions for
the board

and may adopt rules in accordance with Chapter 119. of the Revised
Code for these purposes
.
An amount not to exceed three per cent of the total amount of fees
deposited in the children's trust fund in each fiscal year may be
used for costs directly related to these administrative functions of
the department. Each fiscal year, the board shall approve a budget
for administrative expenditures for the next fiscal year.

(C)

The
board may request that the department adopt rules the board considers
necessary for the purpose of carrying out the board's
responsibilities under this section, and the department may adopt
those rules. The department may, after consultation with the board
and the executive director, adopt any other rules to assist the board
in carrying out its responsibilities under this section. In either
case, the rules shall be adopted under Chapter 119. of the Revised
Code.

(D)

The
board shall meet at least quarterly at the call of the chairperson to
conduct its official business. All business transactions of the board
shall be conducted in public meetings. A majority of the members
appointed to the board constitute a quorum. A majority of the quorum
is required to make all decisions of the board.

(E)
(D)

With respect to funding, all of the following apply:

(1)
The board may apply for and accept federal and other funds for the
purpose of funding child abuse and child neglect prevention programs.

(2)
The board may solicit and accept gifts, money, and other donations
from any public or private source, including individuals,
philanthropic foundations or organizations, corporations, or
corporation endowments.

(3)
The board may develop private-public partnerships to support the
mission of the children's trust fund.

(4)
The acceptance and use of federal and other funds shall not obligate
the general assembly to continue the programs or activities for which
the federal and other funds are made available.

(5)
All funds received in the manner described in this section shall be
transmitted to the treasurer of state, who shall credit them to the
children's trust fund created in section 3109.14 of the Revised Code.

Sec.
3109.179.
(A)
The department of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code regarding all of the following:

(1)
Operation requirements for child abuse and child neglect regional
prevention councils;

(2)
The manner in which boards of county commissioners are to appoint
council members;

(3)
The form and manner by which councils are to submit regional
prevention plans.

(B)
The department may adopt rules in accordance with Chapter 119. of the
Revised Code regarding the following:

(1)
Duties of council members;

(2)
Duties of regional prevention coordinators
;

(3)
Any other rules necessary to implement sections 3109.13 to 3109.178
of the Revised Code
.

(C)
The department shall consult with the children's trust fund board and
the board's executive director regarding all rules adopted under this
section.

Sec.
3111.02.
(A)
The parent and child relationship between a child and the child's
natural mother may be established by proof of her having given birth
to the child or pursuant to sections 3111.01 to 3111.18 or 3111.20 to
3111.85 of the Revised Code. The parent and child relationship
between a child and the natural father of the child may be
established by an acknowledgment of paternity as provided in sections
3111.20 to
3111.35

3111.34

of
the Revised Code, and pursuant to sections 3111.01 to 3111.18 or
3111.38 to 3111.54 of the Revised Code. The parent and child
relationship between a child and the adoptive parent of the child may
be established by proof of adoption or pursuant to Chapter 3107. of
the Revised Code.

(B)
A court that is determining a parent and child relationship pursuant
to this chapter shall give full faith and credit to a parentage
determination made under the laws of this state or another state,
regardless of whether the parentage determination was made pursuant
to a voluntary
acknowledgement
acknowledgment

of paternity, an administrative procedure, or a court proceeding.

Sec.
3111.65.
(A)

The
birth registry shall be maintained as part of and be accessible
through the automated system created pursuant to section 3125.07 of
the Revised Code. The office of child support shall make comparisons
of the information in the registry with the information maintained by
the department of job and family services pursuant to sections
3107.062 and 3121.894 of the Revised Code. The office shall make the
comparisons in the manner and in the time intervals required by the
rules adopted pursuant to
division
(B) of this
section

3111.67
of the Revised Code
.

(B)
The director of job and family services shall adopt rules pursuant to
Chapter 119. of the Revised Code that are consistent with Title IV-D
of the "Social Security Act," 42 U.S.C. 651 et seq., as
amended, to determine both of the following:

(1)
The manner in which the office of child support will compare the
information in the birth registry with the information maintained by
the department of job and family services pursuant to sections
3107.062 and 3121.894 of the Revised Code;

(2)
The time intervals at which the office of child support will compare
the information in the birth registry with the information maintained
by the department of job and family services pursuant to sections
3107.062 and 3121.894 of the Revised Code.

Sec.
3115.401.
(A)
If a support order entitled to recognition under this chapter has not
been issued, a responding tribunal of this state with personal
jurisdiction over the parties may issue a support order if either of
the following applies:

(1)
The individual seeking the order resides outside this state.

(2)
The support enforcement agency seeking the order is located outside
this state.

(B)
The tribunal may issue a temporary child-support order if the
tribunal determines that such an order is appropriate and the
individual ordered to pay is any of the following:

(1)
A presumed father of the child;

(2)
Petitioning to have his paternity adjudicated;

(3)
Identified as the father of the child through genetic testing;

(4)
An alleged father who has declined to submit to genetic testing;

(5)
Shown by clear and convincing evidence to be the father of the child;

(6)
An acknowledged father as provided by section 3111.20 to
3111.35

3111.34

of
the Revised Code;

(7)
The mother of the child;

(8)
An individual who has been ordered to pay child support in a previous
proceeding and the order has not been reversed or vacated.

(C)
Upon finding, after notice and opportunity to be heard, that an
obligor owes a duty of support, the tribunal shall issue a support
order directed to the obligor and may issue other orders pursuant to
section 3115.305 of the Revised Code.

Sec.
3119.33.
A
child support enforcement agency shall send the national medical
support notice to the employer of a person required to provide health
insurance coverage for the children who are the subject of a child
support order. The child support enforcement agency shall act in
accordance with federal regulations governing the national medical
support notice

and rules adopted by the department of job and family services under
section 3119.51 of the Revised Code
.

Sec.
3119.36.
On
receipt of a national medical support notice sent pursuant to section
3119.33 or section 3119.34 of the Revised Code, an employer shall do
one of the following not later than twenty business days after the
date specified in the notice:

(A)
If the person named in the national medical support notice is a
current employee and health insurance coverage of the children is
available through the employer, complete and comply with the notice
in accordance with its instructions
,

and

federal
regulations
,
and any rules adopted by the department of job and family services
under section 3119.51 of the Revised Code
and
send the appropriate portion of the notice to the health plan
administrator;

(B)
If the person named in the notice is not a current employee, health
insurance coverage of the children is not available through the
employer, or the employer determines that coverage of the children
would cause the total amount of income withholding and health
insurance contributions from the person's income to exceed the
maximum amount permitted under section 303(b) of the "Consumer
Credit Protection Act," 15 U.S.C. 1673(b), complete the notice
in accordance with its instructions
,

and

federal
regulations
,
and any rules adopted by the department of job and family services
under section 3119.51 of the Revised Code
and
return the completed notice to the child support enforcement agency.

Sec.
3119.37.
On
receipt of a national medical support notice sent by an employer
under section 3119.36 of the Revised Code, a health plan
administrator shall complete and comply with the notice in accordance
with its instructions
,

and

federal
regulations
,
and any rules adopted by the department of job and family services
under section 3119.51 of the Revised Code
.

Sec.
3119.371.
(A)
As used in this section:

(1)
"Health insurance provider" means:

(a)
A person authorized to engage in the business of sickness and
accident insurance under Title XXXIX of the Revised Code;

(b)
A person or government entity providing coverage for medical services
or items to individuals on a self-insurance basis;

(c)
A health insuring corporation as defined in section 1751.01 of the
Revised Code;

(d)
A group health plan as defined in 29 U.S.C. 1167;

(e)
Any organization, business, or association described in 42 U.S.C.
1396a(a)(25); or

(f)
A managed care organization.

(2)
"Information" means all of the following:

(a)
An individual's name, address, date of birth, and social security
number;

(b)
The group or plan number or other identifier assigned by a health
insurance provider to a policy held by an individual or a plan in
which the individual participates and the nature of the coverage
;
and

(c)
Any other data specified by the director of job and family services
in rules adopted under section 3119.51 of the Revised Code
.

(B)
Upon request of the office of child support in the department of job
and family services and for the purpose of establishing and enforcing
orders to provide health insurance coverage, a health insurance
provider shall provide the information described in division (A)(2)
of this section to the office of child support.

Sec.
3119.94.
(A)
The director of job and family services shall adopt rules that
provide for all of the following:

(1)
The payment to the appropriate person of any funds that a court or
child support enforcement agency has impounded under section 3119.90
or 3119.92 of the Revised Code;

(2)
The return to the appropriate person of any other payments made
pursuant to a child support order if the payments were made at any
time after the child support order has been terminated pursuant to
section 3119.90 or 3119.92 of the Revised Code
;

(3)
Any other standards, forms, or procedures needed to ensure uniform
implementation of sections 3119.86 to 3119.94 of the Revised Code
.

(B)
With respect to the court order for impoundment required under
division (A)(1) of section 3119.90 of the Revised Code, the director
of job and family services may adopt rules that specify a form for
the order or approve a form developed by the Ohio judicial
conference.

Sec.
3121.50.
On
receipt of any amount forwarded from a payor or financial
institution, the office of child support shall distribute the amount
to the obligee within two business days of its receipt of the amount
forwarded. Unless otherwise prohibited from doing so by a law of this
state or the United States, the office may distribute the amount by
means of electronic disbursement, and the obligee shall accept
payment by means of electronic disbursement.
The
director of job and family services may adopt, revise, or amend rules
under Chapter 119. of the Revised Code to assist in the
implementation of this section.

Sec.
3121.89.
As
used in sections 3121.891 to
3121.8911

3121.8910

of
the Revised Code:

(A)
"Contractor" means an individual who provides services to
an employer as an independent contractor for compensation that is
reported as income other than wages and who is an individual, the
sole shareholder of a corporation, or the sole member of a limited
liability company. "Contractor" does not include any of the
following:

(1)
An individual performing intelligence or counterintelligence
functions for a state agency if the head of the agency has determined
that reporting pursuant to this section could endanger the safety of
the individual or compromise an ongoing investigation or intelligence
mission;

(2)
A professionally licensed person who is providing services to the
employer under that license;

(3)
An individual who will receive for the services provided under the
contract compensation of less than two thousand five hundred dollars
per year or a greater amount that the director of job and family
services establishes by rule adopted under section 3121.896 of the
Revised Code.

(B)
"Employee" means an individual who is employed to provide
services to an employer for compensation that is reported as income
from wages. "Employee" does not include an individual
performing intelligence or counterintelligence functions for a state
agency, if the head of the agency has determined that reporting
pursuant to this section could endanger the safety of the employee or
compromise an ongoing investigation or intelligence mission.

(C)
"Employer" means any person or governmental entity other
than the federal government for which an individual performs any
service, of whatever nature, as the employee or contractor of such
person, except that:

(1)
If the person for whom the individual performs services does not have
control of the payment of compensation for the services, "employer"
means the person having control of the payment of the compensation.

(2)
In the case of a person paying compensation on behalf of a
nonresident alien individual, foreign partnership, or foreign
corporation not engaged in trade or business within the United
States, "employer" means the person paying the
compensation.

(3)
In the case of compensation paid to a contractor, "employer"
does not include any person or entity that lacks a federal employer
identification number.

(D)
"Newly hired employee" means either of the following:

(1)
An employee who has not previously been employed by the employer;

(2)
An employee who was previously employed by an employer but has been
separated from that prior employment for at least sixty consecutive
days.

(E)
"Professionally licensed person" has the same meaning as in
section 2925.01 of the Revised Code.

Sec.
3123.22.
Except
as otherwise provided in this section, if an obligor is paying off an
arrearage owed under a support order pursuant to a withholding or
deduction notice or order issued under section 3121.03 of the Revised
Code, a support order newly issued or modified, or any other order
issued to collect the arrearage, the child support enforcement agency
administering the notice or order may also take any action,
including, but not limited to, any of the following to collect any
arrearage amount that has not yet been collected under the notice or
order, unless the obligee and obligor agree in a writing signed by
the obligee and obligor and approved by the court by journal entry
that the additional actions be limited to the actions provided for in
division (C) of this section:

(A)
Issue one or more withholding or deduction notices under section
3121.03 of the Revised Code;

(B)
Collect pursuant to section 3121.12 of the Revised Code a lump sum
payment owed to the obligor;

(C)
Collect pursuant to sections 3123.81 to
3123.823

3123.822

of
the Revised Code any federal or state income tax refund owed to the
obligor;

(D)
Issue a withdrawal directive pursuant to sections 3123.24 to 3123.38
of the Revised Code;

(E)
Obtain administrative offset pursuant to section 3123.85 of the
Revised Code.

Sec.
3123.63.
The
director of job and family services shall adopt rules in accordance
with Chapter 119. of the Revised Code

to implement sections 3123.41 to 3123.50, 3123.53 to 3123.60, and
3123.62 of the Revised Code. The rules shall include both of
to
do all of
the
following:

(A)
Requirements concerning the contents of, and the conditions for
issuance of, a notice required by section 3123.44 or 3123.55 of the
Revised Code. The rules shall require the contents of the notice to
include information about the effect of a license suspension and
appropriate steps that an individual can take to avoid license
suspension.

(B)
Requirements establishing standards for confirming an individual's
employment or the existence of an account pursuant to sections
3123.45 and 3123.56 of the Revised Code.

(C)
Requirements concerning the authority of a child support enforcement
agency to direct the registrar of motor vehicles to eliminate from
the abstract maintained by the bureau of motor vehicles any reference
to the suspension of an individual's license, permit, or endorsement
imposed under section 3123.58 of the Revised Code.

Sec.
3123.82.
As
used in sections 3123.82 to
3123.823

3123.822

of
the Revised Code:

(A)
"Obligor" means a person who owes "overdue support,"
as defined in section 666 of Title IV-D of the "Social Security
Act," 98 Stat. 1306 (1984), 42 U.S.C. 666, as amended, and any
rules promulgated under Title IV-D.

(B)
"Overpaid child support" means amounts paid to an obligee
under a child support order prior to termination of the child support
order that exceed the amount required to be paid under the child
support order, have not been impounded under section 3119.90 or
3119.92 of the Revised Code, and have not been repaid to the obligor
under the child support order.

Sec.
3123.88.
(A)
The requirements of this section are effective on the date that all
support orders have been converted to the automated data processing
system under section 3125.07 of the Revised Code and the office of
child support in the department of job and family services authorizes
centralized collection and disbursement of support amounts under the
support order pursuant to the rules adopted under section 3121.71 of
the Revised Code.

(B)
The director of commerce shall provide the office no later than the
first day of March of each year, the name, address, social security
number, if the social security number is available, and any other
identifying information for any individual included in a request sent
by the office pursuant to division (C) of this section who has
unclaimed funds delivered or reported to the state under Chapter 169.
of the Revised Code.

(C)
The office shall, no later than the first day of February of each
year, send to the director of commerce a request containing the name,
address, and social security number of all obligors in default under
a support order being administered by a child support enforcement
agency of this state and requests that the director provide
information to the office as required in division (B) of this
section. If the information the director provides identifies or
results in identifying unclaimed funds held by the state for an
obligor in default, the office shall file a claim under section
169.08 of the Revised Code to recover the unclaimed funds. If the
director allows the claim, the director shall pay the claim directly
to the office. The director shall not disallow a claim made by the
office because the office is not the owner of the unclaimed funds
according to the report made pursuant to section 169.03 of the
Revised Code.

(D)
The director of job and family services, in consultation with the
department of commerce, may adopt rules in accordance with Chapter
119. of the Revised Code to aid in implementation of this section.

Sec.
3123.90.
(A)
As used in this section:

(1)
"Casino facility," "casino operator," and
"management company" have the meanings defined in section
3772.01 of the Revised Code.

(2)
"Sports gaming proprietor" has the meaning defined in
section 3775.01 of the Revised Code.

(3)
"Lottery sports gaming" has the same meaning as in section
3770.23 of the Revised Code.

(B)
The department of job and family services shall develop and implement
a real time data match program with each casino facility's casino
operator or management company and with each sports gaming proprietor
to identify obligors who are subject to a final and enforceable
determination of default made under sections 3123.01 to 3123.07 of
the Revised Code.

(C)
Subject to division (E) of this section, upon the data match
program's implementation, if a person receives a payout of winnings
at a casino facility or from sports gaming in an amount for which
reporting to the internal revenue service of the amount is required
by section 6041 of the Internal Revenue Code, as amended, the casino
operator, management company, or sports gaming proprietor shall refer
to the data match program to determine if the person entitled to the
winnings is in default under a support order. If the data match
program indicates that the person is in default, the casino operator,
management company, or sports gaming proprietor shall withhold from
the person's winnings an amount sufficient to satisfy any past due
support owed by the obligor identified in the data match up to the
amount of the winnings.

(D)
Not later than fourteen days after withholding the amount, the casino
operator, management company, or sports gaming proprietor shall
electronically transmit any amount withheld to the department as
payment on the support obligation.

(E)
A sports gaming proprietor that offers lottery sports gaming through
a terminal described in division (B)(3) of section 3770.24 of the
Revised Code shall not withhold amounts under this section from
winnings from wagers placed through that terminal. The state lottery
commission shall withhold amounts from those winnings under section
3770.071 of the Revised Code.

(F)
The department, in consultation with the Ohio casino control
commission, may adopt rules under Chapter 119. of the Revised Code as
are necessary for implementation of this section.

Sec.
3129.01.
As
used in this chapter:

(A)
"Biological sex," "birth sex," and "sex"
mean the biological indication of male and female, including sex
chromosomes, naturally occurring sex hormones, gonads, and
nonambiguous internal and external genitalia present at birth,
without regard to an individual's psychological, chosen, or
subjective experience of gender.

(B)
"Cross-sex hormone" means testosterone, estrogen, or
progesterone given to a minor individual in an amount greater than
would normally be produced endogenously in a healthy individual of
the minor individual's age and sex.

(C)
"Gender reassignment surgery" means any surgery performed
for the purpose of assisting an individual with gender transition
that seeks to surgically alter or remove healthy physical or
anatomical characteristics or features that are typical for the
individual's biological sex, in order to instill or create
physiological or anatomical characteristics that resemble a sex
different from the individual's birth sex, including genital or
non-genital gender reassignment surgery.

(D)
"Gender-related condition" means any condition where an
individual feels an incongruence between the individual's gender
identity and biological sex. "Gender-related condition"
includes gender dysphoria.

(E)
"Gender transition" means the process in which an
individual goes from identifying with and living as a gender that
corresponds to his or her biological sex to identifying with and
living as a gender different from his or her biological sex,
including social, legal, or physical changes.

(F)
"Gender transition services" means any medical or surgical
service (including physician services, inpatient and outpatient
hospital services, or prescription drugs or hormones) provided for
the purpose of assisting an individual with gender transition that
seeks to alter or remove physical or anatomical characteristics or
features that are typical for the individual's biological sex, or to
instill or create physiological or anatomical characteristics that
resemble a sex different from the individual's birth sex, including
medical services that provide puberty blocking drugs, cross-sex
hormones, or other mechanisms to promote the development of
feminizing or masculinizing features in the opposite sex, or genital
or non-genital gender reassignment surgery.

(G)
"Genital gender reassignment surgery" means surgery
performed for the purpose of assisting an individual with gender
transition and includes both of the following:

(1)
Surgeries that sterilize, such as castration, vasectomy,
hysterectomy, oophorectomy, orchiectomy, and penectomy;

(2)
Surgeries that artificially construct tissue with the appearance of
genitalia that differs from the individual's biological sex, such as
metoidiplasty, phalloplasty, and vaginoplasty.

(H)
"Mental health professional" means all of the following:

(1)
Either of the following advanced practice registered nurses who holds
a current, valid license issued under Chapter 4723. of the Revised
Code that authorizes the practice of nursing as an advanced practice
registered nurse:

(a)
A clinical nurse specialist who is certified as a psychiatric-mental
health CNS by the American nurses credentialing center;

(b)
A certified nurse practitioner who is certified as a
psychiatric-mental health NP by the American nurses credentialing
center.

(2)
A physician specializing in psychiatry;

(3)
A psychologist, school psychologist, or independent school
psychologist licensed under Chapter 4732. of the Revised Code or
under rules adopted in accordance with
sections
3301.07 and
section

3319.22
of the Revised Code;

(4)
An independent social worker, social worker, licensed professional
clinical counselor, licensed professional counselor, independent
marriage and family therapist, or marriage and family therapist
licensed under Chapter 4757. of the Revised Code.

(I)
"Minor individual" means an individual under eighteen years
of age.

(J)
"Non-genital gender reassignment surgery" means surgery
performed for the purpose of assisting an individual with gender
transition such as augmentation mammoplasty, facial feminization
surgery, liposuction, lipofilling, voice surgery, thyroid cartilage
reduction, gluteal augmentation, pectoral implants, or other
aesthetic procedures.

(K)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(L)
"Puberty-blocking drugs" means Gonadotropin-releasing
hormone analogs or other synthetic drugs used to stop luteinizing
hormone and follicle stimulating hormone secretion, synthetic
antiandrogen drugs used to block the androgen receptor, or any drug
to delay or suppress normal puberty.

Sec.
3301.07.
The
director of education and workforce shall exercise under the acts of
the general assembly general supervision of the system of public
education in the state. In addition to the powers otherwise imposed
on the director under the provisions of law, the director shall have
the powers described in this section.

(A)
The director shall exercise policy forming, planning, and evaluative
functions for the public schools of the state except as otherwise
provided by law.

(B)(1)
The director shall exercise leadership in the improvement of public
education in this state, and administer the educational policies of
this state relating to public schools, and relating to instruction
and instructional material, building and equipment, transportation of
pupils, administrative responsibilities of school officials and
personnel, and finance and organization of school districts,
educational service centers, and territory. Consultative and advisory
services in such matters shall be provided by the department of
education and workforce to school districts and educational service
centers of this state.

(2)
The director also shall develop a standard of financial reporting
which shall be used by each school district board of education and
each governing board of an educational service center, each governing
authority of a community school established under Chapter 3314., each
governing body of a STEM school established under Chapter 3326., and
each board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code to make its
financial information and annual budgets for each school building
under its control available to the public in a format understandable
by the average citizen. The format shall show, both at the district
and at the school building level, revenue by source; expenditures for
salaries, wages, and benefits of employees, showing such amounts
separately for classroom teachers, other employees required to hold
licenses issued pursuant to sections 3319.22 to 3319.31 of the
Revised Code, and all other employees; expenditures other than for
personnel, by category, including utilities, textbooks and other
educational materials, equipment, permanent improvements, pupil
transportation, extracurricular athletics, and other extracurricular
activities; and per pupil expenditures. The format shall also include
information on total revenue and expenditures, per pupil revenue, and
expenditures for both classroom and nonclassroom purposes, as defined
by the standards adopted under section 3302.20 of the Revised Code in
the aggregate and for each subgroup of students, as defined by
section 3317.40 of the Revised Code, that receives services provided
for by state or federal funding.

(3)
Each school district board, governing authority, governing body, or
board of trustees, or its respective designee, shall annually report,
to the department, all financial information required by the
standards for financial reporting, as prescribed by division (B)(2)
of this section and adopted by the director. The department shall
make all reports submitted pursuant to this division available in
such a way that allows for comparison between financial information
included in these reports and financial information included in
reports produced prior to July 1, 2013. The department shall post
these reports in a prominent location on its web site and shall
notify each school when reports are made available.

(C)
The director shall administer and supervise the allocation and
distribution of all state and federal funds for public school
education under the provisions of law, and may prescribe such systems
of accounting as are necessary and proper to this function. It may
require county auditors and treasurers, boards of education,
educational service center governing boards, treasurers of such
boards, teachers, and other school officers and employees, or other
public officers or employees, to file with it such reports as it may
prescribe relating to such funds, or to the management and condition
of such funds.

(D)(1)
Wherever in Titles IX, XXIII, XXIX, XXXIII, XXXVII, XLVII, and LI of
the Revised Code a reference is made to standards prescribed under
this section or division (D) of this section, that reference shall be
construed to refer to the standards prescribed under division (D)(2)
of this section, unless the context specifically indicates a
different meaning or intent.

(2)
The director shall formulate and prescribe minimum standards to be
applied to all elementary and secondary schools in this state for the
purpose of providing children access to a general education of high
quality according to the learning needs of each individual, including
students with disabilities, economically disadvantaged students,
English learners, and students identified as gifted. Such standards
shall provide adequately for: a requirement that teachers,
administrators, and other professional personnel be licensed by the
state board of education and assigned according to training and
qualifications; efficient and effective instructional materials and
equipment, including library facilities; the proper organization,
administration, and supervision of each school, including regulations
for preparing all necessary records and reports and the preparation
of a statement of policies and objectives for each school; the
provision of safe buildings, grounds, health and sanitary facilities
and services; admission of pupils, and such requirements for their
promotion from grade to grade as will assure that they are capable
and prepared for the level of study to which they are certified; and
requirements for graduation. The minimum standards the director
adopts under this section are limited to powers and duties that are
expressly prescribed and authorized in statute.

The
director shall base any standards governing the promotion of students
or requirements for graduation on the ability of students, at any
grade level, to earn credits or advance upon demonstration of mastery
of knowledge and skills through competency-based learning models.
Credits of grade level advancement shall not require a minimum number
of days or hours in a classroom.

The
director shall base any standards governing the assignment of staff
on ensuring each school has a sufficient number of teachers to ensure
a student has an appropriate level of interaction to meet each
student's personal learning goals.

In
the formulation and administration of such standards for nonpublic
schools the director shall also consider the particular needs,
methods and objectives of those schools, provided they do not
conflict with the provision of a general education of a high quality
and provided that regular procedures shall be followed for promotion
from grade to grade of pupils who have met the educational
requirements prescribed.

(3)
In addition to the minimum standards required by division (D)(2) of
this section, the director may formulate and prescribe the following
additional minimum operating standards for school districts:

(a)
Standards for the effective and efficient organization,
administration, and supervision of each school district with a
commitment to high expectations for every student based on the
learning needs of each individual, including students with
disabilities, economically disadvantaged students, English learners,
and students identified as gifted, and commitment to closing the
achievement gap without suppressing the achievement levels of higher
achieving students so that all students achieve core knowledge and
skills in accordance with the statewide academic standards adopted
under section 3301.079 of the Revised Code;

(b)
Standards for the establishment of business advisory councils under
section 3313.82 of the Revised Code;

(c)
Standards for school district buildings that may require the
effective and efficient organization, administration, and supervision
of each school district building with a commitment to high
expectations for every student based on the learning needs of each
individual, including students with disabilities, economically
disadvantaged students, English learners, and students identified as
gifted, and commitment to closing the achievement gap without
suppressing the achievement levels of higher achieving students so
that all students achieve core knowledge and skills in accordance
with the statewide academic standards adopted under section 3301.079
of the Revised Code.

(E)
The director may require as part of the health curriculum information
developed under section 2108.34 of the Revised Code promoting the
donation of anatomical gifts pursuant to Chapter 2108. of the Revised
Code and may provide the information to high schools, educational
service centers, and joint vocational school district boards of
education;

(F)
The director shall prepare and submit annually to the governor and
the general assembly a report on the status, needs, and major
problems of the public schools of the state, with recommendations for
necessary legislative action and a ten-year projection of the state's
public and nonpublic school enrollment, by year and by grade level.

(G)
The director shall prepare and submit to the director of budget and
management the biennial budgetary requests of the department and its
divisions and for the public schools of the state.

(H)
The director shall cooperate with federal, state, and local agencies
concerned with the health and welfare of children and youth of the
state.

(I)
The director shall require such reports from school districts and
educational service centers, school officers, and employees as are
necessary and desirable. The superintendents and treasurers of school
districts and educational service centers shall certify as to the
accuracy of all reports required by statutory law or director's rules
to be submitted by the district or educational service center and
which contain information necessary for calculation of state funding.
Any superintendent who knowingly falsifies such report shall be
subject to license revocation pursuant to section 3319.31 of the
Revised Code.

(J)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt procedures, standards, and guidelines for the education
of children with disabilities pursuant to Chapter 3323. of the
Revised Code, including procedures, standards, and guidelines
governing programs and services operated by county boards of
developmental disabilities pursuant to section 3323.09 of the Revised
Code.

(K)
For the purpose of encouraging the development of special programs of
education for academically gifted children, the director shall employ
competent persons to analyze and publish data, promote research,
advise and counsel with boards of education, and encourage the
training of teachers in the special instruction of gifted children.
The director may provide financial assistance out of any funds
appropriated for this purpose to boards of education and educational
service center governing boards for developing and conducting
programs of education for academically gifted children.

(L)
The director shall require that all public schools emphasize and
encourage, within existing units of study, the teaching of energy and
resource conservation as recommended to each district board of
education by leading business persons involved in energy production
and conservation, beginning in the primary grades.

(M)
The director shall formulate and prescribe minimum standards
requiring the use of phonics as a technique in the teaching of
reading in grades kindergarten through three. In addition, the
director shall provide in-service training programs for teachers on
the use of phonics as a technique in the teaching of reading in
grades kindergarten through three.

(N)
The director
may
adopt rules necessary for carrying out any function imposed on the
director by law, and may provide rules as are necessary for the
government of the department and its employees, and
may
delegate to any deputy director the management and administration of
any function imposed on the director by law.

(O)
Upon application from the board of education of a school district,
the director may issue a waiver exempting the district from
compliance with the standards adopted under divisions (B)(2) and (D)
of this section, as they relate to the operation of a school operated
by the district. The director shall adopt standards for the approval
or disapproval of waivers under this division. The director shall
consider every application for a waiver, and shall determine whether
to grant or deny a waiver in accordance with
the

those
standards. For each waiver granted, the director shall specify the
period of time during which the waiver is in effect, which shall not
exceed five years. A district board may apply to renew a waiver.

Sec.
3301.0728.
Notwithstanding
anything in the Revised Code to the contrary, a student may retake
any end-of-course examination prescribed under division (B)(2) of
section 3301.0712 of the Revised Code during the student's academic
career at a time designated by the department of education and
workforce. If, for any reason, a student does not take an
end-of-course examination on the scheduled administration date, the
department shall make available to the student the examination for
which the student was absent, or a substantially similar examination
as determined by the department, so that the student may take the
examination or a substantially similar examination at a later time in
the student's academic career.
The
department shall adopt rules in accordance with Chapter 119. of the
Revised Code to implement the provisions of this section.

Sec.
3301.53.
(A)
The department of children and youth shall formulate and prescribe by
rule adopted under Chapter 119. of the Revised Code minimum standards
to be applied to preschool programs operated by school district
boards of education, county boards of developmental disabilities,
community schools, or eligible nonpublic schools. The rules shall

include

establish

the
following:

(1)
Standards ensuring that the preschool program is located in a safe
and convenient facility that accommodates the enrollment of the
program, is of the quality to support the growth and development of
the children according to the program objectives, and meets the
requirements of section 3301.55 of the Revised Code;

(2)
Standards ensuring that supervision, discipline, and programs will be
administered according to established objectives and procedures;

(3)
Standards ensuring that preschool staff members and nonteaching
employees are recruited, employed, assigned, evaluated, and provided
in-service education without discrimination on the basis of age,
color, national origin, race, or sex; and that preschool staff
members and nonteaching employees are assigned responsibilities in
accordance with written position descriptions commensurate with their
training and experience;

(4)
A requirement that boards of education intending to establish a
preschool program demonstrate a need for a preschool program prior to
establishing the program;

(5)
Requirements that children participating in preschool programs have
been immunized to the extent considered appropriate by the director
of children and youth to prevent the spread of communicable disease;

(6)
Requirements that the parents of preschool children complete the
emergency medical authorization form specified in section 3313.712 of
the Revised Code
;

(7)
The department of education and workforce's rules or standards for
providing special education and related services for children with
disabilities under section 3323.02 of the Revised Code incorporated
by reference, as appropriate
.

(B)
The department of children and youth shall ensure that the rules
adopted under sections 3301.52 to 3301.58 of the Revised Code are
consistent with and meet or exceed the requirements of Chapter 5104.
of the Revised Code with regard to child care centers that serve
preschool children. The department shall review all such rules at
least once every five years.

(C)
The department shall adopt rules for school child programs that are
consistent with and meet or exceed the requirements of the rules
adopted for child care centers that serve school-age children under
Chapter 5104. of the Revised Code.

Sec.
3301.80.
(A)
The department of education and workforce shall award a certificate
of high school equivalence to each person who achieves the equivalent
of a high school education, as measured by scores obtained on a high
school equivalency test approved by the department pursuant to
division (B) of this section. Each certificate awarded under this
section shall be signed by the director of education and workforce.

Notwithstanding
anything to the contrary in the Revised Code, a person who seeks to
obtain a certificate of high school equivalence shall be subject to
the requirements of section 3301.81 of the Revised Code.

(B)
The department shall approve at least two nationally recognized high
school equivalency tests for the purpose of awarding certificates of
high school equivalence under this section. For each test approved
pursuant to division (B) of this section, the department shall ensure
that the scores required for passage are equivalent to the scores
required for passage on the other approved equivalency tests.

(C)
All of the following shall be considered the equivalent of a
certificate of high school equivalence awarded by the department
under this section:

(1)
A high school equivalence diploma or a certificate of high school
equivalence awarded by the state board of education prior to
September 14, 2016;

(2)
A certificate of high school equivalence issued prior to January 1,
1994, attesting to the achievement of the equivalent of a high school
education as measured by scores obtained on tests of general
educational development;

(3)
A statement issued by a primary-secondary education or higher
education agency of another state that indicates that its holder has
achieved the equivalent of a high school education as measured by
scores obtained on a similar nationally recognized high school
equivalency test.

(D)
The department, in consultation with the chancellor of higher
education, shall adopt rules to administer this section and section
3301.81 of the Revised Code.

Sec.
3301.94.
The
department of education and workforce and the chancellor of higher
education may enter into a memorandum of understanding under which
the department, on behalf of the chancellor, will receive and
maintain copies of data records containing student information
reported to the chancellor for the purpose of combining those records
with the data reported to the education management information
system, established under section 3301.0714 of the Revised Code, to
establish an education data repository that may be used to conduct
longitudinal research and evaluation. The memorandum of understanding
shall specify the following:

(A)
That, prior to establishing the repository, the department and
chancellor shall develop a strategic plan for the repository that
outlines the goals to be achieved from its implementation and use. A
copy of the strategic plan shall be provided to the governor, the
president of the senate, and the speaker of the house of
representatives;

(B)
That the chancellor shall submit all student data to be included in
the repository to the independent contractor engaged by the
department to create and maintain the student data verification codes
required by division (D)(2) of section 3301.0714 of the Revised Code.
For each student included in the data submitted by the chancellor,
the independent contractor shall determine whether a data
verification code has been assigned to that student. In the case of a
student to whom a data verification code has been assigned, the
independent contractor shall add the code to the student's data
record and remove from the data record any information that would
enable the data verification code to be matched to personally
identifiable student data. In the case of a student to whom a data
verification code has not been assigned, the independent contractor
shall assign a data verification code to the student, add the data
verification code to the student's data record, and remove from the
data record any information that would enable the data verification
code to be matched to personally identifiable student data. After
making the modifications described in this division, the independent
contractor shall transmit the data to the department and the
chancellor.

(C)
That the department and the chancellor jointly shall develop
procedures for the maintenance of the data in the repository and
shall designate the types of research that may be conducted using
that data. Permitted uses of the data shall include, but are not
limited to, the following:

(1)
Assisting the department of education and the department of children
and youth in performing audit and evaluation functions concerning
preschool, elementary, and secondary education as required or
authorized by any provision of law, including division (C) of section
3301.07 and sections 3301.12, 3301.16, 3301.53, 3301.57, 3301.58, and
3302.03 of the Revised Code;

(2)
Assisting the department and the chancellor in performing audit and
evaluation functions concerning higher education as required or
authorized by any provision of law, including sections 3333.04,
3333.041, 3333.047, 3333.122, 3333.123, 3333.16, 3333.161,
3333.374,

3333.72,
and 3333.82 of the Revised Code.

(D)
That the department and the chancellor, from time to time, jointly
may enter into written agreements with entities for the use of data
in the repository to conduct research and analysis designed to
evaluate the effectiveness of programs or services, to measure
progress against specific strategic planning goals, or for any other
purpose permitted by law that the department and chancellor consider
necessary for the performance of their duties under the Revised Code.
The agreements may permit the disclosure of personally identifiable
student information to the entity named in the agreement, provided
that disclosure complies with the "Family Educational Rights and
Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended,
and regulations promulgated under that act prescribing requirements
for such agreements.

(E)
That the data in the repository submitted by the department of
education shall remain under the direct control of the department and
that the data in the repository submitted by the chancellor shall
remain under the direct control of the chancellor;

(F)
That the data in the repository shall be managed in a manner that
complies with the "Family Educational Rights and Privacy Act of
1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended;

(G)
That all costs related to the initial establishment and ongoing
maintenance of the repository shall be paid from funds received from
state incentive grants awarded under division (A), Title XIV, section
14006 of the American Recovery and Reinvestment Act of 2009, other
federal grant programs, or existing appropriations of the department
or chancellor that are designated for a purpose consistent with this
section;

(H)
That the department of education annually shall report to the
chancellor and the department of children and youth all requests for
access to or use of the data in the repository and all costs related
to the initial establishment and ongoing maintenance of the
repository.

Sec.
3302.03.
Not
later than the thirty-first day of July of each year, the department
of education and workforce shall submit preliminary report card data
for overall academic performance and for each separate performance
measure for each school district, and each school building, in
accordance with this section.

Annually,
not later than the fifteenth day of September or the preceding Friday
when that day falls on a Saturday or Sunday, the department shall
assign a letter grade or performance rating for overall academic
performance and for each separate performance measure for each school
district, and each school building in a district, in accordance with
this section. The department shall adopt rules pursuant to Chapter
119. of the Revised Code
to
implement this section. The department's rules shall
that

establish
performance criteria for each letter grade or performance rating and
prescribe a method by which the department assigns each letter grade
or performance rating. For a school building to which any of the
performance measures do not apply, due to grade levels served by the
building, the department shall designate the performance measures
that are applicable to the building and that must be calculated
separately and used to calculate the building's overall grade or
performance rating. The department shall issue annual report cards
reflecting the performance of each school district, each building
within each district, and for the state as a whole using the
performance measures and letter grade or performance rating system
described in this section. The department shall include on the report
card for each district and each building within each district the
most recent two-year trend data in student achievement for each
subject and each grade.

(A)(1)
For the 2012-2013 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:

(a)
Annual measurable objectives;

(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as adopted by the department. In adopting
benchmarks for assigning letter grades under division (A)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."

(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.02 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (A)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."

(d)
The four- and five-year adjusted cohort graduation rates.

In
adopting benchmarks for assigning letter grades under division
(A)(1)(d), (B)(1)(d), or (C)(1)(d) of this section, the department
shall designate a four-year adjusted cohort graduation rate of
ninety-three per cent or higher for an "A" and a five-year
cohort graduation rate of ninety-five per cent or higher for an "A."

(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available. The letter grade
assigned for this growth measure shall be as follows:

(i)
A score that is at least one standard error of measure above the mean
score shall be designated as an "A."

(ii)
A score that is less than one standard error of measure above but
greater than one standard error of measure below the mean score shall
be designated as a "B."

(iii)
A score that is less than or equal to one standard error of measure
below the mean score but greater than two standard errors of measure
below the mean score shall be designated as a "C."

(iv)
A score that is less than or equal to two standard errors of measure
below the mean score but is greater than three standard errors of
measure below the mean score shall be designated as a "D."

(v)
A score that is less than or equal to three standard errors of
measure below the mean score shall be designated as an "F."

Whenever
the value-added progress dimension is used as a graded performance
measure in this division and divisions (B) and (C) of this section,
whether as an overall measure or as a measure of separate subgroups,
the grades for the measure shall be calculated in the same manner as
prescribed in division (A)(1)(e) of this section.

(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted, students with disabilities, and students whose
performance places them in the lowest quintile for achievement on a
statewide basis. Each subgroup shall be a separate graded measure.

(2)
The department shall adopt a resolution describing the performance
measures, benchmarks, and grading system for the 2012-2013 school
year and shall adopt rules in accordance with Chapter 119. of the
Revised Code that prescribe the methods by which the performance
measures under division (A)(1) of this section shall be assessed and
assigned a letter grade, including performance benchmarks for each
letter grade.

At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (A)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.

(3)
There shall not be an overall letter grade for a school district or
building for the 2012-2013 school year.

(B)(1)
For the 2013-2014 school year, the department shall issue grades as
described in division (F) of this section for each of the following
performance measures:

(a)
Annual measurable objectives;

(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (B)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."

(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (B)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."

(d)
The four- and five-year adjusted cohort graduation rates;

(e)
The overall score under the value-added progress dimension of a
school district or building, for which the department shall use up to
three years of value-added data as available.

(f)
The value-added progress dimension score for a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis.
Each subgroup shall be a separate graded measure.

(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to
districts and buildings for purposes of division (B)(1)(g) of this
section. In adopting benchmarks for assigning letter grades under
divisions (B)(1)(g) and (C)(1)(g) of this section, the department
shall determine progress made based on the reduction in the total
percentage of students scoring below grade level, or below
proficient, compared from year to year on the reading diagnostic
assessments administered under section 3301.0715 of the Revised Code
and the third grade English language arts assessment under section
3301.0710 of the Revised Code, as applicable. The department shall
designate for a "C" grade a value that is not lower than
the statewide average value for this measure. No grade shall be
issued under divisions (B)(1)(g) and (C)(1)(g) of this section for a
district or building in which less than five per cent of students
have scored below grade level on the diagnostic assessment
administered to students in kindergarten under division (B)(1) of
section 3313.608 of the Revised Code.

(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.

As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.

(2)
In addition to the graded measures in division (B)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:

(a)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;

(b)
The number of a district's or building's students who have earned at
least three college credits through dual enrollment or advanced
standing programs, such as the post-secondary enrollment options
program under Chapter 3365. of the Revised Code and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's transcript or other official
document, either of which is issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.

(c)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code;

(d)
The percentage of the district's or the building's students who
receive industry-recognized credentials as approved under section
3313.6113 of the Revised Code.

(e)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations.

(f)
The percentage of the district's or building's students who receive
an honors diploma under division (B) of section 3313.61 of the
Revised Code.

(3)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code that prescribe the methods by which the performance
measures under divisions (B)(1)(f) and (B)(1)(g) of this section will
be assessed and assigned a letter grade, including performance
benchmarks for each grade.

At
least forty-five days prior to the department's adoption of rules to
prescribe the methods by which the performance measures under
division (B)(1) of this section shall be assessed and assigned a
letter grade, the department shall conduct a public presentation
before the standing committees of the house of representatives and
the senate that consider education legislation describing such
methods, including performance benchmarks.

(4)
There shall not be an overall letter grade for a school district or
building for the 2013-2014, 2014-2015, 2015-2016, and 2016-2017
school years.

(C)(1)
For the 2014-2015, 2015-2016, 2016-2017, 2017-2018, 2018-2019,
2019-2020, and 2020-2021 school years, the department shall issue
grades as described in division (F) of this section for each of the
performance measures prescribed in division (C)(1) of this section.
The graded measures are as follows:

(a)
Annual measurable objectives. For the 2017-2018 school year, the
department shall not include any subgroup data in the annual
measurable objectives that includes data from fewer than twenty-five
students. For the 2018-2019 school year, the department shall not
include any subgroup data in the annual measurable objectives that
includes data from fewer than twenty students. Beginning with the
2019-2020 school year, the department shall not include any subgroup
data in the annual measurable objectives that includes data from
fewer than fifteen students.

(b)
Performance index score for a school district or building. Grades
shall be awarded as a percentage of the total possible points on the
performance index system as created by the department. In adopting
benchmarks for assigning letter grades under division (C)(1)(b) of
this section, the department shall designate ninety per cent or
higher for an "A," at least seventy per cent but not more
than eighty per cent for a "C," and less than fifty per
cent for an "F."

(c)
The extent to which the school district or building meets each of the
applicable performance indicators established by the department under
section 3302.03 of the Revised Code and the percentage of applicable
performance indicators that have been achieved. In adopting
benchmarks for assigning letter grades under division (C)(1)(c) of
this section, the department shall designate ninety per cent or
higher for an "A."

(d)
The four- and five-year adjusted cohort graduation rates;

(e)
The overall score under the value-added progress dimension, or
another measure of student academic progress if adopted by the
department, of a school district or building, for which the
department shall use up to three years of value-added data as
available.

In
adopting benchmarks for assigning letter grades for overall score on
value-added progress dimension under division (C)(1)(e) of this
section, the department shall prohibit the assigning of a grade of
"A" for that measure unless the district's or building's
grade assigned for value-added progress dimension for all subgroups
under division (C)(1)(f) of this section is a "C" or
higher.

For
the metric prescribed by division (C)(1)(e) of this section, the
department may adopt a student academic progress measure to be used
instead of the value-added progress dimension. If the department
adopts such a measure, it also shall prescribe a method for assigning
letter grades for the new measure that is comparable to the method
prescribed in division (A)(1)(e) of this section.

(f)
The value-added progress dimension score of a school district or
building disaggregated for each of the following subgroups: students
identified as gifted in superior cognitive ability and specific
academic ability fields under Chapter 3324. of the Revised Code,
students with disabilities, and students whose performance places
them in the lowest quintile for achievement on a statewide basis, as
determined by a method prescribed by the department. Each subgroup
shall be a separate graded measure.

The
department may adopt student academic progress measures to be used
instead of the value-added progress dimension. If the department
adopts such measures, it also shall prescribe a method for assigning
letter grades for the new measures that is comparable to the method
prescribed in division (A)(1)(e) of this section.

(g)
Whether a school district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The department shall adopt rules
to prescribe benchmarks and standards for assigning grades to a
district or building for purposes of division (C)(1)(g) of this
section. The department shall designate for a "C" grade a
value that is not lower than the statewide average value for this
measure. No grade shall be issued under division (C)(1)(g) of this
section for a district or building in which less than five per cent
of students have scored below grade level on the kindergarten
diagnostic assessment under division (B)(1) of section 3313.608 of
the Revised Code.

(h)
For a high mobility school district or building, an additional
value-added progress dimension score. For this measure, the
department shall use value-added data from the most recent school
year available and shall use assessment scores for only those
students to whom the district or building has administered the
assessments prescribed by section 3301.0710 of the Revised Code for
each of the two most recent consecutive school years.

As
used in this division, "high mobility school district or
building" means a school district or building where at least
twenty-five per cent of its total enrollment is made up of students
who have attended that school district or building for less than one
year.

(2)
In addition to the graded measures in division (C)(1) of this
section, the department shall include on a school district's or
building's report card all of the following without an assigned
letter grade:

(a)
The percentage of students enrolled in a district or building who
have taken a national standardized test used for college admission
determinations and the percentage of those students who are
determined to be remediation-free in accordance with the standards
adopted under division (F) of section 3345.061 of the Revised Code;

(b)
The percentage of students enrolled in a district or building
participating in advanced placement classes and the percentage of
those students who received a score of three or better on advanced
placement examinations;

(c)
The percentage of a district's or building's students who have earned
at least three college credits through advanced standing programs,
such as the college credit plus program under Chapter 3365. of the
Revised Code and state-approved career-technical courses offered
through dual enrollment or statewide articulation, that appear on a
student's college transcript issued by the institution of higher
education from which the student earned the college credit. The
credits earned that are reported under divisions (B)(2)(b) and
(C)(2)(c) of this section shall not include any that are remedial or
developmental and shall include those that count toward the
curriculum requirements established for completion of a degree.

(d)
The percentage of the district's or building's students who receive
an honor's diploma under division (B) of section 3313.61 of the
Revised Code;

(e)
The percentage of the district's or building's students who receive
industry-recognized credentials as approved under section 3313.6113
of the Revised Code;

(f)
The percentage of students enrolled in a district or building who are
participating in an international baccalaureate program and the
percentage of those students who receive a score of four or better on
the international baccalaureate examinations;

(g)
The results of the college and career-ready assessments administered
under division (B)(1) of section 3301.0712 of the Revised Code;

(h)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated as a
"yes" or "no" answer.

(3)
The department shall adopt rules pursuant to Chapter 119. of the
Revised Code that establish a method to assign an overall grade for a
school district or school building for the 2017-2018 school year and
each school year thereafter. The rules shall group the performance
measures in divisions (C)(1) and (2) of this section into the
following components:

(a)
Gap closing, which shall include the performance measure in division
(C)(1)(a) of this section;

(b)
Achievement, which shall include the performance measures in
divisions (C)(1)(b) and (c) of this section;

(c)
Progress, which shall include the performance measures in divisions
(C)(1)(e) and (f) of this section;

(d)
Graduation, which shall include the performance measure in division
(C)(1)(d) of this section;

(e)
Kindergarten through third-grade literacy, which shall include the
performance measure in division (C)(1)(g) of this section;

(f)
Prepared for success, which shall include the performance measures in
divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this section. The
department shall develop a method to determine a grade for the
component in division (C)(3)(f) of this section using the performance
measures in divisions (C)(2)(a), (b), (c), (d), (e), and (f) of this
section. When available, the department may incorporate the
performance measure under division (C)(2)(g) of this section into the
component under division (C)(3)(f) of this section. When determining
the overall grade for the prepared for success component prescribed
by division (C)(3)(f) of this section, no individual student shall be
counted in more than one performance measure. However, if a student
qualifies for more than one performance measure in the component, the
department may, in its method to determine a grade for the component,
specify an additional weight for such a student that is not greater
than or equal to 1.0. In determining the overall score under division
(C)(3)(f) of this section, the department shall ensure that the pool
of students included in the performance measures aggregated under
that division are all of the students included in the four- and
five-year adjusted graduation cohort.

In
the rules adopted under division (C)(3) of this section, the
department shall adopt a method for determining a grade for each
component in divisions (C)(3)(a) to (f) of this section. The
department also shall establish a method to assign an overall grade
of "A," "B," "C," "D," or "F"
using the grades assigned for each component. The method the
department adopts for assigning an overall grade shall give equal
weight to the components in divisions (C)(3)(b) and (c) of this
section.

At
least forty-five days prior to the department's adoption of rules to
prescribe the methods for calculating the overall grade for the
report card, as required by this division, the department shall
conduct a public presentation before the standing committees of the
house of representatives and the senate that consider education
legislation describing the format for the report card, weights that
will be assigned to the components of the overall grade, and the
method for calculating the overall grade.

(D)
For the 2021-2022 school year and each school year thereafter, all of
the following apply:

(1)
The department shall include on a school district's or building's
report card all of the following performance measures without an
assigned performance rating:

(a)
Whether the district or building meets the gifted performance
indicator under division (A)(2) of section 3302.02 of the Revised
Code and the extent to which the district or building meets gifted
indicator performance benchmarks;

(b)
The extent to which the district or building meets the chronic
absenteeism indicator under division (A)(3) of section 3302.02 of the
Revised Code;

(c)
Performance index score percentage for a district or building, which
shall be calculated by dividing the district's or building's
performance index score according to the performance index system
created by the department by the maximum performance index score for
a district or building. The maximum performance index score shall be
as follows:

(i)
For a building, the average of the highest two per cent of
performance index scores achieved by a building for the school year
for which a report card is issued;

(ii)
For a district, the average of the highest two per cent of
performance index scores achieved by a district for the school year
for which a report card is issued.

(d)
The overall score under the value-added progress dimension of a
district or building, for which the department shall use three
consecutive years of value-added data. In using three years of
value-added data to calculate the measure prescribed under division
(D)(1)(d) of this section, the department shall assign a weight of
fifty per cent to the most recent year's data and a weight of
twenty-five per cent to the data of each of the other years. However,
if three consecutive years of value-added data is not available, the
department shall use prior years of value-added data to calculate the
measure, as follows:

(i)
If two consecutive years of value-added data is not available, the
department shall use one year of value-added data to calculate the
measure.

(ii)
If two consecutive years of value-added data is available, the
department shall use two consecutive years of value-added data to
calculate the measure. In using two years of value-added data to
calculate the measure, the department shall assign a weight of
sixty-seven per cent to the most recent year's data and a weight of
thirty-three per cent to the data of the other year.

(e)
The four-year adjusted cohort graduation rate.

(f)
The five-year adjusted cohort graduation rate.

(g)
The percentage of students in the district or building who score
proficient or higher on the reading segment of the third grade
English language arts assessment under section 3301.0710 of the
Revised Code.

To
the extent possible, the department shall include the results of the
summer administration of the third grade reading assessment under
section 3301.0710 of the Revised Code in the performance measures
prescribed under divisions (D)(1)(g) and (h) of this section.

(h)
Whether a district or building is making progress in improving
literacy in grades kindergarten through three, as determined using a
method prescribed by the department. The method shall determine
progress made based on the reduction in the total percentage of
students scoring below grade level, or below proficient, compared
from year to year on the reading segments of the diagnostic
assessments administered under division (A)(1) of section 3301.0715
of the Revised Code and the third grade English language arts
assessment under section 3301.0710 of the Revised Code, as
applicable. The method shall not include a deduction for students who
did not pass the third grade English language arts assessment under
section 3301.0710 of the Revised Code and were not on a reading
improvement and monitoring plan.

The
performance measure prescribed under division (D)(1)(h) of this
section shall not be included on the report card of a district or
building in which less than ten per cent of students have scored
below grade level on the diagnostic assessment administered to
students in kindergarten under division (B)(1) of section 3313.608 of
the Revised Code.

(i)
The percentage of students in a district or building who are promoted
to the fourth grade based on the student's score on the third grade
English language arts assessment under division (A)(3) of section
3301.0710 of the Revised Code or demonstrate competency on an
alternative assessment under division (A)(2)(c) of section 3313.608
of the Revised Code;

(j)
A post-secondary readiness measure. This measure shall be calculated
by dividing the number of students included in the four-year adjusted
graduation rate cohort who demonstrate post-secondary readiness by
the total number of students included in the denominator of the
four-year adjusted graduation rate cohort. Demonstration of
post-secondary readiness shall include a student doing any of the
following:

(i)
Attaining a remediation-free score, in accordance with standards
adopted under division (F) of section 3345.061 of the Revised Code,
on a nationally standardized assessment prescribed under division
(B)(1) of section 3301.0712 of the Revised Code;

(ii)
Attaining required scores on three or more advanced placement,
college-level examination program, or international baccalaureate
examinations. The required score for an advanced placement
examination shall be a three or better. The required score for a
college-level examination program examination shall be a passing
score, as determined by the department. The required score for an
international baccalaureate examination shall be a four or better. A
student may satisfy this condition with any combination of advanced
placement, college-level examination program, or international
baccalaureate examinations.

(iii)
Earning at least twelve college credits through advanced standing
programs, such as the college credit plus program under Chapter 3365.
of the Revised Code, an early college high school program under
section 3313.6013 of the Revised Code, and state-approved
career-technical courses offered through dual enrollment or statewide
articulation, that appear on a student's college transcript issued by
the institution of higher education from which the student earned the
college credit. Earned credits reported under division (D)(1)(j)(iii)
of this section shall include credits that count toward the
curriculum requirements established for completion of a degree, but
shall not include any remedial or developmental credits.

(iv)
Meeting the additional criteria for an honors diploma under division
(B) of section 3313.61 of the Revised Code;

(v)
Earning an industry-recognized credential or license issued by a
state agency or board for practice in a vocation that requires an
examination for issuance of that license approved under section
3313.6113 of the Revised Code;

(vi)
Satisfying any of the following conditions:

(I)
Completing a pre-apprenticeship aligned with options established
under section 3313.904 of the Revised Code in the student's chosen
career field;

(II)
Completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
student's chosen career field;

(III)
Providing evidence of acceptance into an apprenticeship program after
high school that is restricted to participants eighteen years of age
or older.

(vii)
Earning a cumulative score of proficient or higher on three or more
state technical assessments aligned with section 3313.903 of the
Revised Code in a single career pathway;

(viii)
Earning an OhioMeansJobs-readiness seal established under section
3313.6112 of the Revised Code and completing two hundred fifty hours
of an internship or other work-based learning experience that is
either:

(I)
Approved by the business advisory council established under section
3313.82 of the Revised Code that represents the student's district;
or

(II)
Aligned to the career-technical education pathway approved by the
department in which the student is enrolled.

(ix)
Providing evidence that the student has enlisted in a branch of the
armed services of the United States as defined in section 5910.01 of
the Revised Code.

A
student who satisfies more than one of the conditions prescribed
under this division shall be counted as one student for the purposes
of calculating the measure prescribed under division (D)(1)(j) of
this section.

(2)
In addition to the performance measures under division (D)(1) of this
section, the department shall report on a district's or building's
report card all of the following data without an assigned performance
rating:

(a)
The applicable performance indicators established by the department
under division (A)(1) of section 3302.02 of the Revised Code;

(b)
The overall score under the value-added progress dimension of a
district or building for the most recent school year;

(c)
A composite of the overall scores under the value-added progress
dimension of a district or building for the previous three school
years or, if only two years of value-added data are available, for
the previous two years;

(d)
The percentage of students included in the four- and five-year
adjusted cohort graduation rates of a district or building who did
not receive a high school diploma under section 3313.61 or 3325.08 of
the Revised Code. To the extent possible, the department shall
disaggregate that data according to the following categories:

(i)
Students who are still enrolled in the district or building and
receiving general education services;

(ii)
Students with an individualized education program, as defined in
section 3323.01 of the Revised Code, who satisfied the conditions for
a high school diploma under section 3313.61 or 3325.08 of the Revised
Code, but opted not to receive a diploma and are still receiving
education services;

(iii)
Students with an individualized education program who have not yet
satisfied conditions for a high school diploma under section 3313.61
or 3325.08 of the Revised Code and who are still receiving education
services;

(iv)
Students who are no longer enrolled in any district or building;

(v)
Students who, upon enrollment in the district or building for the
first time, had completed fewer units of high school instruction
required under section 3313.603 of the Revised Code than other
students in the four- or five-year adjusted cohort graduation rate.

The
department may disaggregate the data prescribed under division
(D)(2)(d) of this section according to other categories that the
department determines are appropriate.

(e)
Post-graduate outcomes for students who were enrolled in a district
or building and received a high school diploma under section 3313.61
or 3325.08 of the Revised Code in the school year prior to the school
year for which the report card is issued, including the percentage of
students who:

(i)
Enrolled in a post-secondary educational institution. To the extent
possible, the department shall disaggregate that data according to
whether the student enrolled in a four-year institution of higher
education, a two-year institution of higher education, an Ohio
technical center that provides adult technical education services and
is recognized by the chancellor of higher education, or another type
of post-secondary educational institution.

(ii)
Entered an apprenticeship program registered with the apprenticeship
council established under Chapter 4139. of the Revised Code. The
department may include other job training programs with similar rigor
and outcomes.

(iii)
Attained gainful employment, as determined by the department;

(iv)
Enlisted in a branch of the armed forces of the United States, as
defined in section 5910.01 of the Revised Code.

(f)
Whether the school district or building has implemented a positive
behavior intervention and supports framework in compliance with the
requirements of section 3319.46 of the Revised Code, notated with a
"yes" or "no";

(g)
The number and percentage of high school seniors in each school year
who completed the free application for federal student aid;

(h)
Beginning with the report card issued under this section for the
2022-2023 school year, a student opportunity profile measure that
reports data regarding the opportunities provided to students by a
district or building. To the extent possible, and when appropriate,
the data shall be disaggregated by grade level and subgroup. The
measure also shall include data regarding the statewide average, the
average for similar school districts, and, for a building, the
average for the district in which the building is located. The
measure shall include all of the following data for the district or
building:

(i)
The average ratio of teachers of record to students in each grade
level in a district or building;

(ii)
The average ratio of school counselors to students in a district or
building;

(iii)
The average ratio of nurses to students in a district or building;

(iv)
The average ratio of licensed librarians and library media
specialists to students in a district or building;

(v)
The average ratio of social workers to students in a district or
building;

(vi)
The average ratio of mental health professionals to students in a
district or building;

(vii)
The average ratio of paraprofessionals to students in a district or
building;

(viii)
The percentage of teachers with fewer than three years of experience
teaching in any school;

(ix)
The percentage of principals with fewer than three years of
experience as a principal in any school;

(x)
The percentage of teachers who are not teaching in the subject or
field for which they are certified or licensed;

(xi)
The percentage of kindergarten students who are enrolled in all-day
kindergarten, as defined in section 3321.05 of the Revised Code;

(xii)
The percentage of students enrolled in a performing or visual arts
course;

(xiii)
The percentage of students enrolled in a physical education or
wellness course;

(xiv)
The percentage of students enrolled in a world language course;

(xv)
The percentage of students in grades seven through twelve who are
enrolled in a career-technical education course;

(xvi)
The percentage of students participating in one or more cocurricular
activities;

(xvii)
The percentage of students participating in advance placement
courses, international baccalaureate courses, honors courses, or
courses offered through the college credit plus program established
under Chapter 3365. of the Revised Code;

(xviii)
The percentage of students identified as gifted in superior cognitive
ability and specific academic ability fields under Chapter 3324. of
the Revised Code and receiving gifted services pursuant to that
chapter;

(xix)
The percentage of students participating in enrichment or support
programs offered by the district or building outside of the normal
school day;

(xx)
The percentage of eligible students participating each school day in
school breakfast programs offered by the district or building in
accordance with section 3313.813 or 3313.818 of the Revised Code;

(xxi)
The percentage of students who are transported by a school bus each
school day;

(xxii)
The ratio of portable technology devices that students may take home
to the number of students.

The
department shall include only opportunity measures at the building
level for which data for buildings is available, as determined by a
school district.

(i)(i)
The percentage of students included in the four- and five-year
adjusted cohort graduation rates of the district or building who
completed all of grades nine through twelve while enrolled in the
district or building;

(ii)
The four-year adjusted cohort graduation rate for only those students
who were continuously enrolled in the same district or building for
grades nine through twelve.

(j)
Whether the district or building provides information about and
promotes the college credit plus program established under Chapter
3365. of the Revised Code to students in accordance with section
3365.04 of the Revised Code, notated with a "yes" or "no";

(k)
The percentage of students in the district or building to whom both
of the following apply:

(i)
The students are promoted to fourth grade and not subject to
retention under division (A)(2) of section 3313.608 of the Revised
Code.

(ii)
The students completed all of the grade levels offered prior to the
fourth grade in the district or building.

(3)
Except as provided in division (D)(3)(f) of this section, the
department shall use the method prescribed under rules adopted under
division (D)(4) of this section to assign performance ratings of "one
star," "two stars," "three stars," "four
stars," or "five stars," as described in division (F)
of this section, for a district or building for the individual
components prescribed under division (D)(3) of this section. The
department also shall assign an overall performance rating for a
district or building in accordance with division (D)(3)(g) of this
section. The method shall use the performance measures prescribed
under division (D)(1) of this section to calculate performance
ratings for components. The method may report data under division
(D)(2) of this section with corresponding components, but shall not
use the data to calculate performance ratings for that component. The
performance measures and reported data shall be grouped together into
components as follows:

(a)
Gap closing. In addition to other criteria determined appropriate by
the department, performance ratings for the gap closing component
shall reflect whether each of the following performance measures are
met or not met:

(i)
The gifted performance indicator as described in division (D)(1)(a)
of this section;

(ii)
The chronic absenteeism indicator as described in division (D)(1)(b)
of this section;

(iii)
For English learners, an English language proficiency improvement
indicator established by the department;

(iv)
The subgroup graduation targets;

(v)
The subgroup achievement targets in both mathematics and English
language arts;

(vi)
The subgroup progress targets in both mathematics and English
language arts.

Achievement
and progress targets under division (D)(3)(a) of this section shall
be calculated individually, and districts and buildings shall receive
a status of met or not met on each measure. The department shall not
require a subgroup of a district or building to meet both the
achievement and progress targets at the same time to receive a status
of met.

The
department shall not include any subgroup data in this measure that
includes data from fewer than fifteen students. Any penalty for
failing to meet the required assessment participation rate must be
partially in proportion to how close the district or building was to
meeting the rate requirement.

(b)
Achievement, which shall include the performance measure in division
(D)(1)(c) of this section and the reported data in division (D)(2)(a)
of this section. Performance ratings for the achievement component
shall be awarded as a percentage of the maximum performance index
score described in division (D)(1)(c) of this section.

(c)
Progress, which shall include the performance measure in division
(D)(1)(d) of this section and the reported data in divisions
(D)(2)(b) and (c) of this section;

(d)
Graduation, which shall include the performance measures in divisions
(D)(1)(e) and (f) of this section and the reported data in divisions
(D)(2)(d) and (j) of this section. The four-year adjusted cohort
graduation rate shall be assigned a weight of sixty per cent and the
five-year adjusted cohort graduation rate shall be assigned a weight
of forty per cent.

(e)
Early literacy, which shall include the performance measures in
divisions (D)(1)(g), (h), and (i) of this section and the reported
data in division (D)(2)(k) of this section.

If
the measure prescribed under division (D)(1)(h) of this section is
included in a report card, performance ratings for the early literacy
component shall give a weight of forty per cent to the measure
prescribed under division (D)(1)(g) of this section, a weight of
thirty-five per cent to the measure prescribed under division
(D)(1)(i) of this section, and a weight of twenty-five per cent to
the measure prescribed under division (D)(1)(h) of this section.

If
the measure prescribed under division (D)(1)(h) of this section is
not included in a report card of a district or building, performance
ratings for the early literacy component shall give a weight of sixty
per cent to the measure prescribed under division (D)(1)(g) of this
section and a weight of forty per cent to the measure prescribed
under division (D)(1)(i) of this section.

(f)
College, career, workforce, and military readiness, which shall
include the performance measure in division (D)(1)(j) of this section
and the reported data in division (D)(2)(e) of this section.

For
the 2021-2022, 2022-2023, and 2023-2024 school years, the department
only shall report the data for, and not assign a performance rating
to, the college, career, workforce, and military readiness component.
The reported data shall include the percentage of students who
demonstrate post-secondary readiness using any of the options
described in division (D)(1)(j) of this section.

The
department shall analyze the data included in the performance measure
prescribed in division (D)(1)(j) of this section for the 2021-2022,
2022-2023, and 2023-2024 school years. Using that data, the
department shall develop and propose rules for a method to assign a
performance rating to the college, career, workforce, and military
readiness component based on that measure. The method to assign a
performance rating shall not include a tiered structure or per
student bonuses. The rules shall specify that a district or building
shall not receive lower than a performance rating of three stars for
the component if the district's or building's performance on the
component meets or exceeds a level of improvement set by the
department. Notwithstanding division (D)(4)(b) of this section, more
than half of the total districts and buildings may earn a performance
rating of three stars on this component to account for the districts
and buildings that earned a performance rating of three stars because
they met or exceeded the level of improvement set by the department.

The
department shall submit the rules to the joint committee on agency
rule review. The committee shall conduct at least one public hearing
on the proposed rules and approve or disapprove the rules. If the
committee approves the rules, the department shall adopt the rules in
accordance with Chapter 119. of the Revised Code. If the rules are
adopted, the department shall assign a performance rating to the
college, career, workforce, and military readiness component under
the rules beginning with the 2024-2025 school year, and for each
school year thereafter. If the committee disapproves the rules, the
component shall be included in the report card only as reported data
for the 2024-2025 school year, and each school year thereafter.

(g)(i)
Except as provided for in division (D)(3)(g)(ii) of this section,
beginning with the 2022-2023 school year, under the method prescribed
under rules adopted in division (D)(4) of this section, the
department shall use the performance ratings assigned for the
components prescribed in divisions (D)(3)(a) to (e) of this section
to determine and assign an overall performance rating of "one
star," "one and one-half stars," "two stars,"
"two and one-half stars," "three stars," "three
and one-half stars," "four stars," "four and
one-half stars," or "five stars" for a district or
building. The method shall give equal weight to the components in
divisions (D)(3)(b) and (c) of this section. The method shall give
equal weight to the components in divisions (D)(3)(a), (d), and (e)
of this section. The individual weights of each of the components
prescribed in divisions (D)(3)(a), (d), and (e) of this section shall
be equal to one-half of the weight given to the component prescribed
in division (D)(3)(b) of this section.

(ii)
If the joint committee on agency rule review approves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, for the 2024-2025 school year, and each school year
thereafter, the department's method shall use the components in
divisions (D)(3)(a), (b), (c), (d), (e), and (f) of this section to
calculate the overall performance rating. The method shall give equal
weight to the components in divisions (D)(3)(b) and (c) of this
section. The method shall give equal weight to the components
prescribed in divisions (D)(3)(a), (d), (e), and (f) of this section.
The individual weights of each of the components prescribed in
divisions (D)(3)(a), (d), (e), and (f) of this section shall be equal
to one-half the weight given to the component prescribed in division
(D)(3)(b) of this section.

If
the joint committee on agency rule review disapproves the
department's rules regarding the college, career, workforce, and
military readiness component as described in division (D)(3)(f) of
this section, division (D)(3)(g)(ii) of this section does not apply.

(4)(a)
The department shall adopt rules in accordance with Chapter 119. of
the Revised Code to establish the performance criteria, benchmarks,
and rating system necessary to implement divisions (D) and (F) of
this section, including the method for the department to assign
performance ratings under division (D)(3) of this section.

(b)
In establishing the performance criteria, benchmarks, and rating
system, the department shall consult with stakeholder groups and
advocates that represent parents, community members, students,
business leaders, and educators from different school typology
regions. The department shall use data from prior school years and
simulations to ensure that there is meaningful differentiation among
districts and buildings across all performance ratings and that,
except as permitted in division (D)(3)(f) of this section, more than
half of all districts or buildings do not earn the same performance
rating in any component or overall performance rating.

(c)
The department shall adopt the rules prescribed by division (D)(4) of
this section not later than March 31, 2022. However, the department
shall notify districts and buildings of the changes to the report
card prescribed in law not later than one week after September 30,
2021.

(d)
Prior to adopting or updating rules under division (D)(4) of this
section, the director of education and workforce and the department
shall conduct a public presentation before the standing committees of
the house of representatives and the senate that consider primary and
secondary education legislation describing the format for the report
card and the performance criteria, benchmarks, and rating system,
including the method to assign performance ratings under division
(D)(3) of this section.

(E)
The department may develop a measure of student academic progress for
high school students using only data from assessments in English
language arts and mathematics. If the department develops this
measure, each school district and applicable school building shall be
assigned a separate letter grade for it not sooner than the 2017-2018
school year. The district's or building's grade for that measure
shall not be included in determining the district's or building's
overall letter grade.

(F)(1)
The letter grades assigned to a school district or building under
this section shall be as follows:

(a)
"A" for a district or school making excellent progress;

(b)
"B" for a district or school making above average progress;

(c)
"C" for a district or school making average progress;

(d)
"D" for a district or school making below average progress;

(e)
"F" for a district or school failing to meet minimum
progress.

(2)
For the overall performance rating under division (D)(3) of this
section, the department shall include a descriptor for each
performance rating as follows:

(a)
"Significantly exceeds state standards" for a performance
rating of five stars;

(b)
"Exceeds state standards" for a performance rating of four
stars or four and one-half stars;

(c)
"Meets state standards" for a performance rating of three
stars or three and one-half stars;

(d)
"Needs support to meet state standards" for a performance
rating of two stars or two and one-half stars;

(e)
"Needs significant support to meet state standards" for a
performance rating of one star or one and one-half stars.

(3)
For performance ratings for each component under divisions (D)(3)(a)
to (f) of this section, the department shall include a description of
each component and performance rating. The description shall include
component-specific context to each performance rating earned,
estimated comparisons to other school districts and buildings if
appropriate, and any other information determined by the department.
The descriptions shall be not longer than twenty-five words in length
when possible. In addition to such descriptions, the department shall
include the descriptors in division (F)(2) of this section for
component performance ratings.

(4)
Each report card issued under this section shall include all of the
following:

(a)
A graphic that depicts the performance ratings of a district or
school on a color scale. The color associated with a performance
rating of three stars shall be green and the color associated with a
performance rating of one star shall be red.

(b)
An arrow graphic that shows data trends for performance ratings for
school districts or buildings. The department shall determine the
data to be used for this graphic, which shall include at least the
three most recent years of data.

(c)
A description regarding the weights that are assigned to each
component and used to determine an overall performance rating, as
prescribed under division (D)(3)(g) of this section, which shall be
included in the presentation of the overall performance rating on
each report card.

(G)
When reporting data on student achievement and progress, the
department shall disaggregate that data according to the following
categories:

(1)
Performance of students by grade-level;

(2)
Performance of students by race and ethnic group;

(3)
Performance of students by gender;

(4)
Performance of students grouped by those who have been enrolled in a
district or school for three or more years;

(5)
Performance of students grouped by those who have been enrolled in a
district or school for more than one year and less than three years;

(6)
Performance of students grouped by those who have been enrolled in a
district or school for one year or less;

(7)
Performance of students grouped by those who are economically
disadvantaged;

(8)
Performance of students grouped by those who are enrolled in a
conversion community school established under Chapter 3314. of the
Revised Code;

(9)
Performance of students grouped by those who are classified as
English learners;

(10)
Performance of students grouped by those who have disabilities;

(11)
Performance of students grouped by those who are classified as
migrants;

(12)
Performance of students grouped by those who are identified as gifted
in superior cognitive ability and the specific academic ability
fields of reading and math pursuant to Chapter 3324. of the Revised
Code. In disaggregating specific academic ability fields for gifted
students, the department shall use data for those students with
specific academic ability in math and reading. If any other academic
field is assessed, the department shall also include data for
students with specific academic ability in that field as well.

(13)
Performance of students grouped by those who perform in the lowest
quintile for achievement on a statewide basis, as determined by a
method prescribed by the department.

The
department may disaggregate data on student performance according to
other categories that the department determines are appropriate. To
the extent possible, the department shall disaggregate data on
student performance according to any combinations of two or more of
the categories listed in divisions (G)(1) to (13) of this section
that it deems relevant.

In
reporting data pursuant to division (G) of this section, the
department shall not include in the report cards any data statistical
in nature that is statistically unreliable or that could result in
the identification of individual students. For this purpose, the
department shall not report student performance data for any group
identified in division (G) of this section that contains less than
ten students. If the department does not report student performance
data for a group because it contains less than ten students, the
department shall indicate on the report card that is why data was not
reported.

(H)
The department may include with the report cards any additional
education and fiscal performance data it deems valuable.

(I)
The department shall include on each report card a list of additional
information collected by the department that is available regarding
the district or building for which the report card is issued. When
available, such additional information shall include student mobility
data disaggregated by race and socioeconomic status, college
enrollment data, and the reports prepared under section 3302.031 of
the Revised Code.

The
department shall maintain a site on the world wide web. The report
card shall include the address of the site and shall specify that
such additional information is available to the public at that site.
The department shall also provide a copy of each item on the list to
the superintendent of each school district. The district
superintendent shall provide a copy of any item on the list to anyone
who requests it.

(J)(1)(a)
Except as provided in division (J)(1)(b) of this section, for any
district that sponsors a conversion community school under Chapter
3314. of the Revised Code, the department shall combine data
regarding the academic performance of students enrolled in the
community school with comparable data from the schools of the
district for the purpose of determining the performance of the
district as a whole on the report card issued for the district under
this section or section 3302.033 of the Revised Code.

(b)
The department shall not combine data from any conversion community
school that a district sponsors if the conversion community school is
a dropout prevention and recovery community school, as defined in
section 3314.02 of the Revised Code. The department shall include as
an addendum to the district's report card the ratings and performance
measures that are required under section 3314.017 of the Revised Code
for any community school to which division (J)(1)(b) of this section
applies. This addendum shall include, at a minimum, the data
specified in divisions (C)(1)(a), (C)(2), and (C)(3) of section
3314.017 of the Revised Code.

(2)
Any district that leases a building to a community school located in
the district or that enters into an agreement with a community school
located in the district whereby the district and the school endorse
each other's programs may elect to have data regarding the academic
performance of students enrolled in the community school combined
with comparable data from the schools of the district for the purpose
of determining the performance of the district as a whole on the
district report card. Any district that so elects shall annually file
a copy of the lease or agreement with the department.

(3)
Any municipal school district, as defined in section 3311.71 of the
Revised Code, that sponsors a community school located within the
district's territory, or that enters into an agreement with a
community school located within the district's territory whereby the
district and the community school endorse each other's programs, may
exercise either or both of the following elections:

(a)
To have data regarding the academic performance of students enrolled
in that community school combined with comparable data from the
schools of the district for the purpose of determining the
performance of the district as a whole on the district's report card;

(b)
To have the number of students attending that community school noted
separately on the district's report card.

The
election authorized under division (J)(3)(a) of this section is
subject to approval by the governing authority of the community
school.

Any
municipal school district that exercises an election to combine or
include data under division (J)(3) of this section, by the first day
of October of each year, shall file with the department documentation
indicating eligibility for that election, as required by the
department.

(K)
The department shall include on each report card the percentage of
teachers in the district or building who are properly certified or
licensed teachers, as defined in section 3319.074 of the Revised
Code, and a comparison of that percentage with the percentages of
such teachers in similar districts and buildings.

(L)(1)
In calculating English language arts, mathematics, science, American
history, or American government assessment passage rates used to
determine school district or building performance under this section,
the department shall include all students taking an assessment with
accommodation or to whom an alternate assessment is administered
pursuant to division (C)(1) or (3) of section 3301.0711 of the
Revised Code and all students who take substitute examinations
approved under division (B)(4) of section 3301.0712 of the Revised
Code in the subject areas of science, American history and American
government.

(2)
In calculating performance index scores, rates of achievement on the
performance indicators established by the department under section
3302.02 of the Revised Code, and annual measurable objectives for
determining adequate yearly progress for school districts and
buildings under this section, the department shall do all of the
following:

(a)
Include for each district or building only those students who are
included in the ADM certified for the first full school week of
October and are continuously enrolled in the district or building
through the time of the spring administration of any assessment
prescribed by division (A)(1) or (B)(1) of section 3301.0710 or
division (B) of section 3301.0712 of the Revised Code that is
administered to the student's grade level;

(b)
Include cumulative totals from both the fall and spring
administrations of the third grade English language arts achievement
assessment and, to the extent possible, the summer administration of
that assessment;

(c)
Include for each district or building any English learner in
accordance with the department's plan, as approved by the United
States secretary of education, to comply with the "Elementary
and Secondary Education Act of 1965," 20 U.S.C. 6311 to 6339.

As
used in this section, "English learner" has the same
meaning as in section 3301.0731 of the Revised Code.

(M)
Beginning with the 2015-2016 school year and at least once every
three years thereafter, the department shall review and may adjust
the benchmarks for assigning letter grades or performance ratings to
the performance measures and components prescribed under divisions
(C)(3), (D), and (E) of this section.

Sec.
3304.29.
The
bureau of services for the visually impaired shall:

(A)
Survey suitable vending facility concession opportunities for
individuals who are blind on governmental property;

(B)
Obtain and make public, information concerning employment
opportunities for individuals who are blind in suitable vending
facilities;

(C)
License individuals who are blind to operate suitable vending
facilities on governmental property
;

(D)
Adopt rules and do everything necessary and proper to carry out
sections 3304.29 to 3304.34 of the Revised Code
.

Sec.
3304.41.
The
opportunities for Ohioans with disabilities agency shall establish
and administer a program for the use of funds appropriated for that
purpose to provide personal care assistance to enable eligible
individuals with severe physical disabilities to live and work
independently.

The agency shall adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to carry out the purposes of this section.

Sec.
3305.031.
(A)
As part of the process established under section 3305.03 of the
Revised Code for designating an entity as a vendor and conducting
periodic reviews of a vendor, the Ohio board of regents shall do all
of the following:

(1)
Provide written notice to each public institution of higher education
that an entity has applied to be designated as a vendor under section
3305.03 of the Revised Code;

(2)
Provide written notice to each public institution of higher education
that a vendor is scheduled for a review;

(3)
Establish a comment period of not less than thirty days during which
a public institution of higher education is authorized to comment
about an entity's application for designation or a vendor's review
and to request a meeting with the board of regents concerning the
application or review;

(4)
Not later than fourteen days after the board makes a decision with
respect to an application or review, including any rescission of a
vendor's designation, provide written notice to each public
institution of higher education of the board's decision.

(B)
If a meeting is requested by a public institution of higher education
under division (A)(3) of this section, the board of regents shall do
all of the following:

(1)
Notify each public institution of higher education of the meeting and
its time and place;

(2)
Hold the meeting not less than ten but not more than thirty days
after the end of the comment period;

(3)
Continue to accept comments concerning the application or review, as
applicable, until five business days after the meeting is held.

(C)
The board of regents shall adopt rules under
section
3305.032
Chapter
119.
of
the Revised Code specifying the method to be used by public
institutions of higher education in submitting comments to the board
concerning an application or review.

Sec.
3305.032.
The
Ohio board of regents
shall

may

adopt
rules
as
the board considers necessary to carry out its duties and
responsibilities under this chapter. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code
.
The rules may

to

provide
for fees to be charged providers by the board to cover administrative
and marketing expenses of the board.

Sec.
3307.04.
The
general administration and the management of the state teachers
retirement system is hereby vested in the state teachers retirement
board
,
which shall adopt rules necessary for the fulfillment of its duties
and responsibilities under Chapter 3307. of the Revised Code
.
The board shall adopt policies for the operation of the system, and
the investment of funds as provided by section 3307.15 of the Revised
Code, and may authorize its administrative officers, or committees
composed of board members, to act for the board in accord with such
policies.

The
board may take all appropriate action to avoid payment by the system
or its members of federal or state income taxes on contributions to
the system or amounts earned on such contributions and to comply with
any plan qualification requirements, including those on
distributions, established under Title 26 of the United States Code.

The
attorney general shall prescribe procedures for the adoption of rules
authorized under this chapter, consistent with the provision of
section 111.15 of the Revised Code under which all rules shall be
filed in order to be effective. Such procedures shall establish
methods by which notice of proposed rules is given to interested
parties and rules adopted by the board published and otherwise made
available. When it files a rule with the joint committee on agency
rule review pursuant to section 111.15 of the Revised Code, the board
shall submit to the Ohio retirement study council a copy of the full
text of the rule, and if applicable, a copy of the rule summary and
fiscal analysis required by division (B) of section 106.024 of the
Revised Code.

All
rules adopted pursuant to this chapter, prior to August 20, 1976,
shall be published and made available to interested parties by
January 1, 1977.

Sec.
3307.041.
The
state teachers retirement board shall do all of the following:

(A)
In consultation with the Ohio ethics commission, review any existing
policy regarding the travel and payment of travel expenses of members
and employees of the state teachers retirement board and adopt rules
in accordance with section
3307.04

111.15

of
the Revised Code establishing a new or revised policy regarding
travel and payment of travel expenses. Not less than sixty days
before adopting a new or revised policy, the board shall submit the
policy to the Ohio retirement study council for review.

(B)
If the board intends to award a bonus to any employee of the board,
adopt rules in accordance with section
3307.04

111.15

of
the Revised Code establishing a policy regarding employee bonuses;

(C)
Provide copies of the rules adopted under divisions (A) and (B) of
this section to each member of the Ohio retirement study council;

(D)
Submit to the Ohio retirement study council a proposed operating
budget, including an administrative budget for the board, for the
next immediate fiscal year and adopt that budget not earlier than
sixty days after it is submitted to the council;

(E)
Submit to the council a plan describing how the board will improve
the dissemination of public information pertaining to the board.

Sec.
3307.35.
(A)
As used in this section and section 3307.352 of the Revised Code,
"other system retirant" means either of the following:

(1)
A member or former member of the public employees retirement system,
Ohio police and fire pension fund, school employees retirement
system, state highway patrol retirement system, or Cincinnati
retirement system who is receiving from a system of which the
retirant is a member or former member age and service or commuted age
and service retirement, a benefit, allowance, or distribution under a
plan established under section 145.81 or 3309.81 of the Revised Code,
or a disability benefit;

(2)
A person who is participating or has participated in an alternative
retirement plan established under Chapter 3305. of the Revised Code
and is receiving a benefit, allowance, or distribution under the
plan.

(B)
Subject to this section and section 3307.353 of the Revised Code, a
superannuate or other system retirant may be employed as a teacher.

(C)
A superannuate or other system retirant employed in accordance with
this section shall contribute to the state teachers retirement system
in accordance with section 3307.26 of the Revised Code and the
employer shall contribute in accordance with sections 3307.28 and
3307.31 of the Revised Code. Such contributions shall be received as
specified in section 3307.14 of the Revised Code. A superannuate or
other system retirant employed as a teacher is not a member of the
state teachers retirement system, does not have any of the rights,
privileges, or obligations of membership, except as provided in this
section, and is not eligible to receive health, medical, hospital, or
surgical benefits under section 3307.39 of the Revised Code for
employment subject to this section.

(D)
The employer that employs a superannuate or other system retirant
shall notify the state teachers retirement board of the employment
not later than the end of the month in which the employment
commences. Any overpayment of benefits to a superannuate by the
retirement system resulting from an employer's failure to give timely
notice may be charged to the employer and may be certified and
deducted as provided in section 3307.31 of the Revised Code.

(E)
On receipt of notice from an employer that a person who is an other
system retirant has been employed, the state teachers retirement
system shall notify the state retirement system of which the other
system retirant was a member of such employment.

(F)
A superannuate or other system retirant who has received an allowance
or benefit for less than two months when employment subject to this
section or section 3305.05 of the Revised Code commences shall
forfeit the allowance or benefit for any month the superannuate or
retirant is employed prior to the expiration of such period. The
allowance or benefit forfeited each month shall be equal to the
monthly amount the superannuate or other system retirant is eligible
to receive under a single lifetime benefit plan of payment described
in division (A) of section 3307.60 of the Revised Code. Contributions
shall be made to the retirement system from the first day of such
employment, but service and contributions for that period shall not
be used in the calculation of any benefit payable to the superannuate
or other system retirant, and those contributions shall be refunded
on the superannuate's or retirant's death or termination of the
employment. Contributions made on compensation earned after the
expiration of such period shall be used in calculation of the benefit
or payment due under section 3307.352 of the Revised Code.

For
purposes of this division, "employment" does not include
uncompensated volunteer work if the position is different from the
superannuate's or other system retirant's position with the employer
by which the superannuate or retirant was employed at the time of
retirement.

(G)
On receipt of notice from the Ohio police and fire pension fund,
public employees retirement system, school employees retirement
system, or Cincinnati retirement system of the re-employment of a
superannuate, the state teachers retirement system shall not pay, or
if paid shall recover, the amount to be forfeited by the superannuate
in accordance with section 145.38, 742.26, or 3309.341 of the Revised
Code or any requirement of the Cincinnati retirement system.

(H)
If the disability benefit of an other system retirant employed under
this section is terminated, the retirant shall become a member of the
state teachers retirement system, effective on the first day of the
month next following the termination, with all the rights,
privileges, and obligations of membership. If the retirant, after the
termination of the retirant's disability benefit, earns two years of
service credit under this retirement system or under the public
employees retirement system, Ohio police and fire pension fund,
school employees retirement system, or state highway patrol
retirement system, the retirant's prior contributions as an other
system retirant under this section shall be included in the
retirant's total service credit, as defined in section 3307.50 of the
Revised Code, as a state teachers retirement system member, and the
retirant shall forfeit all rights and benefits of this section. Not
more than one year of credit may be given for any period of twelve
months.

(I)
This section does not affect the receipt of benefits by or
eligibility for benefits of any person who on August 20, 1976, was
receiving a disability benefit or service retirement pension or
allowance from a state or municipal retirement system in Ohio and was
a member of any other state or municipal retirement system of this
state.

(J)
The state teachers retirement board may make the necessary rules to
carry into effect this section and to prevent the abuse of the rights
and privileges thereunder.

Sec.
3307.353.
(A)
This section applies in the case of a person who is or most recently
has been employed by an employer in a position that is customarily
filled by a vote of members of a board or commission.

(B)
Except as otherwise provided in this section, a board or commission
that proposes to continue the employment as a reemployed superannuate
or rehire as a reemployed superannuate to the same position an
individual described in division (A) of this section shall do both of
the following

in accordance with rules adopted under division (E) of this section
:

(1)
Not less than sixty days before the employment as a reemployed
superannuate is to begin, give public notice that the person is or
will be retired and is seeking employment with the employer;

(2)
Between fifteen and thirty days before the employment as a reemployed
superannuate is to begin, hold a public meeting on the issue of the
person being employed by the employer.

The
notice regarding division (B)(1) of this section shall include the
time, date, and location at which the public meeting is to take
place.

(C)
A board or commission that proposes to continue a person's employment
or rehire the person as a reemployed superannuate to a position that
the board or commission has urgent reasons to fill in an expedited
manner shall give thirty days' notice under division (B)(1) of this
section. The board or commission shall include an explanation in the
notice of the urgent reasons requiring the position to be filled in
an expedited manner.

(D)
A board or commission is not required to give notice under division
(B)(1) or (C) of this section if the person has been retired for at
least one year before the person's employment as a reemployed
superannuate is to begin.

(E)
The state teachers retirement board shall adopt rules as necessary to
implement this section.

Sec.
3307.39.
(A)
The state teachers retirement board may enter into an agreement with
insurance companies, health insuring corporations, or government
agencies authorized to do business in the state for issuance of a
policy or contract of health, medical, hospital, or surgical
coverage, or any combination thereof, for those individuals
receiving, under the STRS defined benefit plan, service retirement or
a disability or survivor benefit who subscribe to the plan.
Notwithstanding any other provision of this chapter, the policy or
contract may also include coverage for any eligible individual's
spouse and dependent children as the board considers appropriate. If
all or any portion of the policy or contract premium is to be paid by
any individual receiving service retirement or a disability or
survivor benefit, the individual shall, by written authorization,
instruct the board to deduct the premium agreed to be paid by the
individual to the companies, corporations, or agencies.

The
board may contract for coverage on the basis of part or all of the
cost of the coverage to be paid from appropriate funds of the state
teachers retirement system. The cost paid from the funds of the
system shall be included in the employer's contribution rate provided
by section 3307.28 of the Revised Code.

The
board may enter into an agreement under this division for coverage of
recipients of benefits under an STRS defined contribution plan if the
plan selected includes health, medical, hospital, or surgical
coverage, or any combination thereof. The board may contract for
coverage on the basis that the cost of the coverage will be paid by
the recipient or by the plan to which the recipient contributed under
this chapter. The board may offer to recipients plans that provide
for different levels of coverage or for prepayment of the cost of
coverage.

The
board may provide for self-insurance of risk or level of risk as set
forth in the contract with the companies, corporations, or agencies,
and may provide through the self-insurance method specific coverage
as authorized by the rules of the board.

(B)
The board may make a monthly payment to each recipient of service
retirement, or a disability or survivor benefit under the STRS
defined benefit plan who is enrolled in coverage under part B of the
medicare program established under Title XVIII of "The Social
Security Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A.
1395j, as amended, and may make a monthly payment to a recipient of
benefits under an STRS defined contribution plan who is eligible for
that insurance coverage if the monthly payments are funded through
the plan selected by the recipient. The payment shall be the greater
of the following:

(1)
Twenty-nine dollars and ninety cents;

(2)
An amount determined by the board, which shall not exceed ninety per
cent of the basic premium for the coverage, except that the amount
shall not exceed the amount paid by the recipient.

At
the request of the board, the recipient shall certify the amount paid
by the recipient for coverage described in this division.

The
board shall make all payments under this division beginning the month
following receipt of satisfactory evidence of the payment for the
coverage.

(C)
The board shall establish by rule requirements for the coordination
of any coverage or payment provided under this section with any
similar coverage or payment made available to the same individual by
the public employees retirement system, Ohio police and fire pension
fund, school employees retirement system, or state highway patrol
retirement system.

(D)
The board shall make all other necessary rules pursuant to the
purpose and intent of this section.

Sec.
3307.393.
As
used in this section, "STRS defined benefit plan" means the
plan established under sections 3307.50 to 3307.79 of the Revised
Code and "STRS defined contribution plan" means a plan
established under section 3307.81 of the Revised Code.

The
STRS defined benefit plan or a STRS defined contribution plan may
include a program under which a member participating in the plan or a
member's employer is permitted to make additional deposits for the
purpose of providing funds for the payment of health, medical,
hospital, surgical, dental, or vision care expenses, including
insurance premiums, deductible amounts, or copayments. The program
may be a voluntary employees' beneficiary association, as described
in section 501(c)(9) of the Internal Revenue Code, 26 U.S.C.
501(c)(9), as amended; an account described in section 401(h) of the
Internal Revenue Code, 26 U.S.C. 401(h), as amended; a medical
savings account; or a similar type of program under which an
individual may accumulate funds for the purpose of paying such
expenses. To implement the program, the state teachers retirement
board may enter into agreements with insurance companies or other
entities authorized to conduct business in this state.

If
the STRS defined benefit plan or a STRS defined contribution plan
includes a program described in this section, the board shall adopt
rules to establish and administer the program.

Sec.
3307.461.
The
state teachers retirement board may establish and maintain a
qualified governmental excess benefit arrangement that meets the
requirements of division (m) of section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended, and any regulations adopted thereunder. If established, the
arrangement shall be a separate portion of the state teachers
retirement system and be maintained solely for the purpose of
providing to retired members that part of a benefit otherwise payable
under this chapter that exceeds the limits established by section 415
of the "Internal Revenue Code of 1986," as amended.

Members
participating in an arrangement established under this section shall
not be permitted to elect to defer compensation to the arrangement.
Contributions to and benefits paid under an arrangement shall not be
payable from a trust that is part of the system unless the trust is
maintained solely for the purpose of providing such benefits.

The
board shall adopt rules to administer an arrangement established
under this section.

Sec.
3307.501.
(A)
As used in this section, "percentage increase" means the
percentage that an increase in compensation is of the compensation
paid prior to the increase.

(B)
For the purpose of determining final average salary under this
section, "compensation" has the same meaning as in section
3307.01 of the Revised Code, except that it does not include any
amount resulting from a percentage increase paid to a member during
the member's two highest years of compensation, and any partial year
of compensation as determined under divisions (C)(1) and (2) of this
section to which the percentage increase also applies, if the
percentage increase exceeds the greater of the following:

(1)
The highest percentage increase in compensation paid to the member
during any of the three years immediately preceding the earlier of
the member's two highest years of compensation;

(2)
A percentage increase paid to the member as part of an increase
generally applicable to members employed by the employer. An increase
shall be considered generally applicable if it is paid to members
employed by a school district board of education in positions
requiring a license issued under section 3319.22 of the Revised Code
in accordance with uniform criteria applicable to all such members or
if paid to members employed by an employer other than a school
district board of education in accordance with uniform criteria
applicable to all such members.

(C)
The state teachers retirement board shall determine the final average
salary of a member as follows:

(1)
For benefits beginning before August 1, 2015, by dividing the sum of
the member's annual compensation for the three highest years of
compensation for which the member made contributions plus any amount
determined under division (E) of this section by three, except that
if the member has a partial year of contributing service in the year
the member's employment terminates and the compensation for the
partial year is at a rate higher than the rate of compensation for
any one of the member's highest three years of compensation, the
board shall substitute the compensation for the partial year for the
compensation for the same portion of the lowest of the member's three
highest years of compensation;

(2)
For benefits beginning on or after August 1, 2015, except as provided
in division (C)(3) of this section, by dividing the sum of the
member's annual compensation for the five highest years of
compensation for which the member made contributions plus any amount
determined under division (E) of this section by five, except that if
the member has a partial year of contributing service in the year the
member's employment terminates and the compensation for the partial
year is at a rate higher than the rate of compensation for any one of
the member's highest five years of compensation, the board shall
substitute the compensation for the partial year for the compensation
for the same portion of the lowest of the member's five highest years
of compensation;

(3)
For benefits beginning on or after August 1, 2015, that were preceded
by a disability benefit effective before that date and with no break
in benefits, by dividing the sum of the member's annual compensation
for the three highest years of compensation for which the member made
contributions plus any amount determined under division (E) of this
section by three, except that if the member has a partial year of
contributing service in the year the member's employment terminates
and the compensation for the partial year is at a rate higher than
the rate of compensation for any one of the member's highest three
years of compensation, the board shall substitute the compensation
for the partial year for the compensation for the same portion of the
lowest of the member's three highest years of compensation.

If
a member has less than the requisite years of contributing
membership, the member's final average salary shall be the member's
total compensation for the period of contributing membership plus any
amount determined under division (E) of this section divided by the
total years, including any portion of a year, of contributing
service.

For
the purpose of calculating benefits payable to a member qualifying
for service credit under division (I) of section 3307.01 of the
Revised Code, the board shall calculate the member's final average
salary by dividing the member's total compensation as a teacher
covered under this chapter plus any amount determined under division
(E) of this section by the total number of years, including any
portion of a year, of contributing membership during that period. If
contributions were made for less than twelve months, the member's
final average salary is the total amount of compensation paid to the
member during all periods of contributions under this chapter.

(D)
Contributions made by a member on amounts that, pursuant to division
(B) of this section, are not compensation or are not included,
pursuant to division (E) of this section, for the purpose of
determining final average salary shall be treated as additional
deposits to the member's account under section 3307.26 of the Revised
Code and used to provide additional annuity income.

(E)
The state teachers retirement board
shall
adopt rules establishing criteria and procedures for administering
this division.

The
board
shall
notify each applicant for retirement of any amount excluded from the
applicant's compensation in accordance with division (B) of this
section and of the procedures
established
by the board
for
requesting a hearing on this exclusion.

Any
applicant for retirement who has had any amount excluded from the
applicant's compensation in accordance with division (B) of this
section may request a hearing on this exclusion. Upon receiving such
a request, the board shall determine
in
accordance with its criteria and procedures
whether,
for good cause as determined by the board, all or any portion of any
amount excluded from the applicant's compensation in accordance with
division (B) of this section, up to a maximum of seventy-five hundred
dollars, is to be included in the determination of final average
salary under division (C) of this section. Any determination of the
board under this division shall be final.

Sec.
3307.67.
(A)
Except as provided in divisions (D) and (E) of this section, the
state teachers retirement board shall annually increase each
allowance or benefit payable under the STRS defined benefit plan.
Through July 31, 2013, the increase shall be three per cent. On and
after August 1, 2013, the increase shall be two per cent. No
allowance or benefit shall exceed the limit as annually determined
pursuant to section 415 of the "Internal Revenue Code of 1986,"
100 Stat. 2085, 26 U.S.C.A. 415, as amended, and regulations adopted
pursuant thereto but before August 1, 2013. The limit may be adjusted
in accordance with rules adopted by the board.

(B)
The first increase is payable to all persons becoming eligible as
follows:

(1)
For an allowance or benefit beginning on or after July 1, 1971, but
before August 1, 2013, upon such persons receiving an allowance or
benefit for twelve months;

(2)
For an allowance or benefit beginning on or after August 1, 2013,
that was immediately preceded by a disability benefit effective
before that date but terminated on or after it, upon the date that
would have been the disability benefit's next anniversary date;

(3)
For an allowance or benefit beginning on or after August 1, 2013,
except for an allowance or benefit described in division (B)(2) of
this section, upon such persons receiving an allowance or benefit for
sixty months.

The
increased amount is payable for the ensuing twelve-month period or
until the next increase is granted under this section, whichever is
later. Subsequent increases shall be determined from the date of the
first increase paid to the former member in the case of an allowance
being paid a beneficiary under an option, or from the date of the
first increase to the survivor first receiving an allowance or
benefit in the case of an allowance or benefit being paid to the
subsequent survivors of the former member.

The
date of the first increase under this section becomes the anniversary
date for any future increases.

The
allowance or benefit used in the first calculation of an increase
under this section shall remain as the base for all future increases,
unless a new base is established.

(C)
If payment of a portion of a benefit is made to an alternate payee
under section 3307.371 of the Revised Code, increases under this
section granted while the order is in effect shall be apportioned
between the alternate payee and the benefit recipient in the same
proportion that the amount being paid to the alternate payee bears to
the amount paid to the benefit recipient.

If
payment of a portion of a benefit is made to one or more
beneficiaries under "option 4" under division (A)(4) of
section 3307.60 of the Revised Code, each increase under this section
granted while the plan of payment is in effect shall be divided among
the designated beneficiaries in accordance with the portion each
beneficiary has been allocated.

The
apportioned increases under this section shall begin with increases
granted on or after October 27, 2006.

(D)
The board shall not make the increases it would otherwise make during
the period July 1, 2013, through June 30, 2014, to persons granted an
allowance or benefit prior to July 1, 2013. The board shall not
increase any allowance or benefit granted on July 1, 2013, until July
1, 2015.

(E)
The board may adjust the increase payable under this section if the
board's actuary, in its annual actuarial valuation required by
section 3307.51 of the Revised Code or in other evaluations conducted
under that section, determines that an adjustment does not materially
impair the fiscal integrity of the retirement system or is necessary
to preserve the fiscal integrity of the system.

(F)
The board shall make all rules necessary to carry out this section.

Sec.
3307.671.
In
December 1980, and in December of each year thereafter, the state
teachers retirement board may allocate an amount from the guarantee
fund created in division (E) of section 3307.14 of the Revised Code
to establish a temporary supplemental benefit fund for the purpose of
making a lump sum benefit payment to all persons receiving an
allowance, pension, or benefit under the STRS defined benefit plan
for each of the twelve months preceding the first day of the
following January.

On
or after July 1, 1980, and on or after the first day of July of each
year thereafter, the board may determine the amount to be placed in a
temporary supplemental benefit fund. Such amount, if placed, shall be
not more than twenty-five per cent of the income from investments for
the twelve months preceding the first day of July not otherwise
required to be credited to the several funds set forth in section
3307.14 of the Revised Code.

The
board shall adopt rules
to
administer this supplemental benefit. The rules shall
that

recognize
the effective date of the allowance, pension, or benefit and the
years of Ohio service credit for each recipient as an equitable basis
for allocating the amount payable to each recipient.

If
the board determines that a supplemental benefit shall be paid under
this section, it shall pay such amount within sixty calendar days
following its allocation to the supplemental benefit fund.

Amounts
paid pursuant to this section shall not be included in the base for
increasing an allowance, pension, or benefit provided in section
3307.67 of the Revised Code and shall not incur any obligation or
liability for future payments under this section.

Sec.
3307.6913.
(A)
As used in this section and in section 3307.6914 of the Revised Code,
"eligible recipient" means any person receiving a benefit
on July 1, 1999.

(B)
For each eligible recipient of a benefit payable under section
3307.58, 3307.59, or 3307.60 of the Revised Code, the state teachers
retirement board shall recalculate the annual single lifetime
benefit, excluding any increases granted under section 3307.67 of the
Revised Code, of the benefit payable to the recipient using division
(B) of section 3307.38 of the Revised Code as that section existed
immediately prior to
the
effective date of this section
July
13, 2000
,
except that the recalculated annual single lifetime benefit shall be
adjusted by the per cent shown in the schedule in the version of
division (B) of section 3307.38 of the Revised Code that was in
effect at the time the initial recipient's benefit was calculated on
the basis of age and service.

(C)
If the amount determined under division (B) of this section is
greater than the annual single lifetime benefit granted the
recipient, the board shall recalculate the recipient's benefit so
that it equals the annual single lifetime benefit determined under
division (B) of this section or its actuarial equivalent.

(D)
The board shall include the increase in amount paid under this
section in an individual's base for purposes of future increase in
any benefit under section 3307.67 of the Revised Code.

(E)
The board shall make the recalculations required under this section
not later than one hundred eighty days after
the
effective date of this section
July
13, 2000
.

The board may adopt rules to implement this section.

Sec.
3307.6914.
(A)
As used in this section:

(1)
"Cumulative percentage change in the CPI" means the total
percentage change in the consumer price index prepared by the United
States bureau of labor statistics for urban wage earners and clerical
workers (CPI-W: U.S. city average, all items) from the thirty-first
day of December immediately preceding the year in which the original
benefit started through the thirty-first day of December immediately
preceding
the
effective date of this section
July
13, 2000
.

(2)
"Original benefit amount" has the same meaning as in
section 3307.6911 of the Revised Code.

(B)(1)
Except as provided in division (B)(2) of this section, for each
eligible recipient of a benefit payable under section 3307.58,
3307.59, 3307.60, 3307.63, 3307.631, or 3307.66 of the Revised Code,
the board shall determine an amount equal to the sum of the following
amounts:

(a)
An amount equal to eighty-five per cent of the original benefit
amount, except that if the recipient is not the individual to whom
the original benefit amount was granted, the amount shall equal
eighty-five per cent of the product obtained when the original
benefit amount is multiplied by the percentage of the original
benefit amount being paid to the recipient;

(b)
An amount equal to the product obtained when the amount determined
under division (B)(1) of this section is multiplied by the cumulative
percentage change in the CPI.

(2)
For each eligible recipient of a benefit under section 3307.66 of the
Revised Code that is payable by reason of the death of a member who,
at the time of death, was receiving a benefit under section 3307.63
or 3307.631 of the Revised Code, the board shall determine all of the
following:

(a)
The product obtained by multiplying the deceased member's final
average salary by the cumulative percentage change in the CPI.

(b)
Eighty-five per cent of the product obtained under division (B)(2)(a)
of this section.

(c)
The amount of the benefit that would be payable under section 3307.66
of the Revised Code if the product obtained under division (B)(2)(b)
of this section was used as the deceased member's final average
salary.

(C)
If the amount determined under division (B) of this section is
greater than the annual benefit being paid to the recipient, the
board shall recalculate the annual benefit payable on
the
effective date of this section
July
13, 2000,

so that it equals the amount determined under that division. If the
recipient's benefit was recalculated under division (C) of section
3307.6913 of the Revised Code, the board shall use the recalculated
benefit in making a determination under this section.

(D)
The board shall include the increase in amount paid under this
section in an individual's base for purposes of future increase in
any benefit under section 3307.67 of the Revised Code.

(E)
The board shall make the recalculations required under this section
not later than one hundred eighty days after
the
effective date of this section
July
13, 2000
.

The board may adopt rules to implement this section.

Sec.
3307.701.
(A)
The state teachers retirement board may establish by rule payroll
deduction plans for payment of the following:

(1)
The cost of restoring service credit under section 3307.71 or
3307.711 of the Revised Code or purchasing any service credit members
of the state teachers retirement system are eligible to purchase
under this chapter;

(2)
Charges for participation in programs established under section
3307.391 of the Revised Code;

(3)
Deposits under section 3307.393 of the Revised Code and any charges
for participating in the program established under that section.

(B)

In
addition to any other matter considered relevant by the board, the

The

rules
adopted under this section shall specify all of the following:

(1)
The types of service credit that may be paid for through payroll
deduction, including the section of the Revised Code that authorizes
the purchase of each type of service credit for which payment may be
made by payroll deduction;

(2)
The procedure for informing the member's employer and the system that
the member wishes to use payroll deduction to purchase service credit
or pay for participation in programs established under section
3307.391 of the Revised Code;

(3)
The procedure to be followed by the system and employers to determine
for each request the amount to be deducted, the number of deductions
to be made, and the interval at which deductions will be made. The
rules may provide for a minimum amount for each deduction. They may
also provide for a maximum number of deductions for the purchase of
any type of service credit.

(4)
The procedure to be followed by employers in transmitting amounts
deducted from the compensation of their employees to the system;

(5)
The procedure to be followed by the system in crediting service
credit to members who choose to purchase it through payroll
deduction;

(6)
The time period within which employers are required to transmit
amounts deducted from payrolls to the system;

(7)
Procedures to be followed by the system and the member's employer for
the member to pay in a single payment the balance of the cost of the
credit when a member separates from service from the employer
administering the member's payroll deduction plan.

(C)(1)
If the board establishes a payroll deduction plan under this section,
it shall certify to the member's employer, for each member for whom
deductions are to be made, the amount of each deduction and the
payrolls from which deductions are to be made. The employer shall
make the deductions as certified and transmit the amounts deducted in
accordance with the rules established by the board under this
section.

(2)
If an employer does not transmit amounts deducted from the
compensation of an employee to the system within the time period
specified in rules adopted under division (B)(6) of this section, the
employer shall pay interest on the deducted amount compounded
annually at a rate to be determined by the board from the date the
amount is deducted to the date it is transmitted to the system.

(D)
Rules adopted under this section shall not affect any right to
purchase service credit conferred by any other section of the Revised
Code, including the right of a member under any such section to
purchase only part of the service credit the member is eligible to
purchase.

(E)
No payroll deduction made pursuant to this section may exceed the
amount of a member's net compensation after all other deductions and
withholdings required by law.

(F)
No payments made to the system under this section shall affect any
contribution required by section 3307.26 or 3307.28 of the Revised
Code.

Sec.
3307.711.
(A)
A member of the state teachers retirement system who has at least
eighteen months of contributing service credit in the system, the
police and firemen's disability and pension fund, public employees
retirement system, school employees retirement system, or state
highway patrol retirement system, and is a former member of or no
longer contributing to the public employees retirement system or
school employees retirement system may restore service credit under
section 145.31 or 3309.26 of the Revised Code by making payments
pursuant to this section through a payroll deduction plan established
under section 3307.701 of the Revised Code. A member seeking to
restore this service credit shall notify the state teachers
retirement system on a form approved by the state teachers retirement
board. After receiving the notice, the state teachers retirement
system shall request that the former retirement system calculate
under section 145.312 or 3309.262 of the Revised Code the cost to the
member to restore service credit for each year or portion of a year
of service for which the member seeks to restore the service credit.
The amount the former retirement system certifies as the cost of
restoring the service credit, plus interest described in division (B)
of this section, is the cost to the member of restoring the service
credit. On receiving the certification from the former retirement
system, the state teachers retirement system shall notify the member
of the cost.

(B)
For each year or portion of a year of service credit restored under
section 145.31 or 3309.26 of the Revised Code, a member shall pay to
the state teachers retirement system the amount certified by the
former retirement system plus interest at a rate specified by the
former retirement system under section 145.312 or 3309.262 of the
Revised Code for the period during which deductions are made under
section 3307.701 of the Revised Code.

(C)
The state teachers retirement board shall at least annually transmit
to the former retirement system notice and any payments made to
restore service credit under section 145.31 or 3309.26 of the Revised
Code. The former retirement system shall restore the service credit
for the year or portion of a year for which the payment was made.

(D)
The board shall adopt rules to implement this section.

Sec.
3307.765.
(A)
As used in this section, "transferred service credit" means
service credit purchased or obtained under section 742.21, 742.214,
742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code prior to
the date a member commenced the employment covered by the state
teachers retirement system for which the member is currently
contributing to the system.

(B)
A member of the state teachers retirement system who has
contributions on deposit with, but is no longer contributing to, a
uniform retirement system shall, in computing years of total service,
be given full credit for transferred service credit if a transfer to
the state teachers retirement system is made under this section. At
the request of a member, the uniform system shall transfer to the
state teachers retirement system the sum of the following:

(1)
An amount equal to the amounts transferred to the uniform system
under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41
of the Revised Code;

(2)
Interest, determined as provided in division (E) of this section, on
the amount specified in division (B)(1) of this section for the
period from the last day of the year in which the transfer under
section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of
the Revised Code was made to the date a transfer is made under this
section.

(C)
A member of the state teachers retirement system with at least
eighteen months of contributing service credit with the state
teachers retirement system who has received a refund of contributions
to a uniform retirement system shall, in computing years of total
service, be given full credit for transferred service credit if, for
each year of service, the state teachers retirement system receives
the sum of the following:

(1)
An amount, which shall be paid by the member, equal to the amount
refunded by the uniform system to the member for that year for
transferred service credit, with interest on that amount from the
date of the refund to the date a payment is made under this section;

(2)
Interest, which shall be transferred by the uniform system, on the
amount refunded to the member for the period from the last day of the
year in which the transfer under section 742.21, 742.214, 742.375,
5505.201, 5505.40, or 5505.41 of the Revised Code was made to the
date the refund was made;

(3)
If the uniform system retained any portion of the amount transferred
under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41
of the Revised Code, an amount, which shall be transferred by the
uniform system, equal to the amount retained, with interest on that
amount for the period from the last day of the year in which the
transfer under section 742.21, 742.214, 742.375, 5505.201, 5505.40,
or 5505.41 of the Revised Code was made to the date a transfer is
made under this section.

On
receipt of payment from the member, the state teachers retirement
system shall notify the uniform system, which, on receipt of the
notice, shall make the transfer required by this division. Interest
shall be determined as provided in division (E) of this section.

(D)
A member may choose to purchase only part of the credit the member is
eligible to purchase under division (C) of this section in any one
payment, subject to rules adopted by the state teachers retirement
board. A member is ineligible to purchase or obtain service credit
under this section for service to be used in the calculation of any
retirement benefit currently being paid or payable to the member in
the future under any other retirement program or for service credit
that may be purchased or obtained under section 3307.761 of the
Revised Code.

(E)
Interest charged under this section shall be calculated separately
for each year of service credit at the lesser of the actuarial
assumption rate for that year of the state teachers retirement system
or of the uniform retirement system to which the credit was
transferred under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code. The interest shall be
compounded annually.

(F)
Any amounts transferred or paid under divisions (B) and (C) of this
section that are attributable to contributions made by the member or
to amounts paid to purchase service credit shall be credited to the
teachers' savings fund created under section 3307.14 of the Revised
Code. Any remaining amounts shall be credited to one or more of the
funds created under that section as determined by the board.

(G)
At the request of the state teachers retirement system, the uniform
retirement system shall certify to the state teachers retirement
system a copy of the records of the service and contributions of a
state teachers retirement system member who seeks service credit
under this section. The uniform retirement system shall specify the
portions of the amounts transferred that are attributable to employee
contributions, employer contributions, and interest.

(H)
If a member of the state teachers retirement system who is not a
current contributor elects to receive service credit under section
742.214 or 5505.41 of the Revised Code for transferred service
credit, as defined in those sections, the system shall transfer to
the uniform retirement system, as applicable, the amount specified in
division (B) or (C) of section 742.214 or division (B) or (C) of
section 5505.41 of the Revised Code.

(I)
The board may adopt rules to implement this section.

Sec.
3307.77.
(A)
As used in this section, "employer" means the employer
employing a member of the state teachers retirement system at the
time the member commences an absence, or is granted a leave described
in this section.

(B)
Any member of the state teachers retirement system participating in
the STRS defined benefit plan or the STRS combined plan who is, or
has been, prevented from making contributions under section 3307.26
of the Revised Code because of an absence due to the member's own
illness or injury, or who is, or has been, granted a leave for
educational, professional, or other purposes pursuant to section
3319.13, 3319.131, or 3345.28 of the Revised Code or for any other
reason approved by the state teachers retirement board, may purchase
service credit, not to exceed two years for each such period of
absence or leave, either by having deductions made in accordance with
division (C) of this section or by making the payment required by
division (D) of this section.

(C)
If the absence or leave begins and ends in the same year, the member
may purchase credit for the absence or leave by having the employer
deduct and transmit to the system from payrolls in that year employee
contributions on the amount certified by the employer as the
compensation the member would have received had the member remained
employed in the position held when the absence or leave commenced.
The deductions may be made even though the minimum compensation
provided by law for the member is reduced thereby, unless the amount
to be deducted exceeds the compensation to be paid the member from
the time deductions begin until the end of the year, in which case
credit may not be purchased under this division. The employer shall
pay the system the employer contributions on the compensation amount
certified under this division. Employee and employer contributions
shall be made at the rates in effect at the time the absence or leave
occurred. If the employee or employer rates in effect change during
the absence or leave, the contributions for each month of the absence
or leave shall be made at the rate in effect for that month.

(D)
If the absence or leave does not begin and end in the same year or
the member does not purchase the credit under division (C) of this
section, a member may purchase credit for the absence or leave by
paying to the system the sum of the following for each year of credit
purchased:

(1)
An amount determined by multiplying the employee rate of contribution
in effect at the time the absence or leave commenced by the member's
annual compensation for the member's last full year of service prior
to the commencement of the absence or leave, or, if the member has
not had a full year of service, the compensation the member would
have received for the year the absence or leave commenced had the
member continued in service for a full year;

(2)
Interest compounded annually, at a rate determined by the board, on
the amount determined under division (D)(1) of this section from the
day following the last day of the year in which the absence or leave
terminated to the date of payment;

(3)
Interest compounded annually, at a rate determined by the board, on
an amount equal to the employer's contribution required by this
division from the day following the last day of the year in which the
absence or leave terminated to the date of payment.

The
employer shall pay to the system for each year of credit purchased
under this division an amount determined by multiplying the employer
contribution rate in effect at the time the absence or leave
commenced by the member's annual compensation for the member's last
full year of service prior to the commencement of the absence or
leave, or, if the member has not had a full year of service, the
compensation the member would have received for the year the absence
or leave commenced had the member continued in service for a full
year.

(E)
A member who chooses to purchase service credit under division (D) of
this section may choose to purchase only part of the credit for which
the member is eligible in any one payment.

(F)
The state teachers retirement board may adopt rules to implement this
section.

Sec.
3309.04.
The
general administration and management of the school employees
retirement system and making effective Chapter 3309. of the Revised
Code are hereby vested in the school employees retirement board which

may
adopt rules in accordance with section 111.15 of the Revised Code and

may
authorize its administrative officers, or committees composed of
members of said board, to act for the board in accordance with such
policies and subject to subsequent approval by the board.

Notice
of proposed rules shall be given to interested parties and rules
adopted by the board shall be published and otherwise made available.
When it files a rule with the joint committee on agency rule review
pursuant to section 111.15 of the Revised Code, the board shall
submit to the Ohio retirement study council a copy of the full text
of the rule, and if applicable, a copy of the rule summary and fiscal
analysis required by division (B) of section 106.024 of the Revised
Code.

All
rules adopted pursuant to this chapter, prior to August 20, 1976,
shall be published and made available to interested parties by
January 1, 1977.

Sec.
3309.041.
The
school employees retirement board shall do all of the following:

(A)
In consultation with the Ohio ethics commission, review any existing
policy regarding the travel and payment of travel expenses of members
and employees of the school employees retirement board and adopt
rules in accordance with section
3309.04

111.15

of
the Revised Code establishing a new or revised policy regarding
travel and payment of travel expenses. Not less than sixty days
before adopting a new or revised policy, the board shall submit the
policy to the Ohio retirement study council for review.

(B)
If the board intends to award a bonus to any employee of the board,
adopt rules in accordance with section
3309.04

111.15

of
the Revised Code establishing a policy regarding employee bonuses;

(C)
Provide copies of the rules adopted under divisions (A) and (B) of
this section to each member of the Ohio retirement study council;

(D)
Submit to the Ohio retirement study council a proposed operating
budget, including an administrative budget for the board, for the
next immediate fiscal year and adopt that budget not earlier than
sixty days after it is submitted to the council;

(E)
Submit to the council a plan describing how the board will improve
the dissemination of public information pertaining to the board.

Sec.
3309.27.
(A)
The school employees retirement board may establish by rule payroll
deduction plans for payment of the following:

(1)
The cost of restoring service credit under section 3309.26 or
3309.261 of the Revised Code or purchasing any service credit members
of the school employees retirement system are eligible to purchase
under this chapter;

(2)
Charges for participation in programs established under section
3309.691 of the Revised Code;

(3)
Deposits under section 3309.692 of the Revised Code and any charges
for participating in the program established under that section.

(B)

In
addition to any other matter considered relevant by the board, the

The

rules
adopted under this section shall specify all of the following:

(1)
The types of service credit that may be paid for through payroll
deduction, including the section of the Revised Code that authorizes
the purchase of each type of service credit for which payment may be
made by payroll deduction;

(2)
The procedure for informing the member's employer and the system that
the member wishes to use payroll deduction to purchase service credit
or pay for participation in programs established under section
3309.691 of the Revised Code;

(3)
The procedure to be followed by the system and employers to determine
for each request the amount to be deducted, the number of deductions
to be made, and the interval at which deductions will be made. The
rules may provide for a minimum amount for each deduction or a
maximum number of deductions for the purchase of any type of service
credit.

(4)
The procedure to be followed by employers in transmitting amounts
deducted from the compensation of their employees to the system;

(5)
The procedure to be followed by the system in crediting service
credit to members who choose to purchase it through payroll
deduction.

(C)
If the board establishes a payroll deduction plan under this section,
it shall certify to the member's employer, for each member for whom
deductions are to be made, the amount of each deduction and the
payrolls from which deductions are to be made. The employer shall
make the deductions as certified and transmit the amounts deducted in
accordance with the rules established by the board under this
section.

(D)
Rules adopted under this section shall not affect any right to
purchase service credit conferred by any other section of the Revised
Code, including the right of a member under any such section to
purchase only part of the service credit the member is eligible to
purchase.

(E)
No payroll deduction made pursuant to this section may exceed the
amount of a member's net compensation after all other deductions and
withholdings required by law.

Sec.
3309.30.
For
service subsequent to June 30, 1955, the retirement board shall
credit a year of service credit to any member employed on a full-time
basis for nine or more months of service within a year. For
contributing and prior service before July 1, 1955 only eight or more
months of service on a full-time basis within a year will be
necessary for a year of service credit. Effective July 1, 1977,
full-time service is defined as one hundred twenty or more days of
school service during the school year. If less than one hundred
twenty days, such service shall be prorated on the basis of one
hundred eighty days.
The
board shall adopt rules as necessary to carry out the intent of this
section.
The
board shall credit not more than one year for all service rendered in
any year.

Sec.
3309.301.
(A)
As used in this section, "paying system" and "transferring
system" have the same meanings as in section 3309.35 of the
Revised Code.

(B)(1)
Except as provided in division (B)(2) of this section, a member of
the school employees retirement system with at least eighteen months
of contributing service in the system, the public employees
retirement system, or the state teachers retirement system who
exempted self from membership in one or more of the systems pursuant
to section 145.03 or 3309.23 of the Revised Code, or former section
3307.25 or 3309.25 of the Revised Code, or was exempt under section
3307.24 of the Revised Code, may purchase credit for each year or
portion of a year of service for which the member was exempted.

(2)
A member may not purchase credit under this section for service that
was exempted from contribution under section 3309.23 of the Revised
Code and subject to the tax on wages imposed by the "Federal
Insurance Contributions Act," 68A Stat. 415 (1954), 26 U.S.C.A.
3101, as amended.

(C)
Upon receipt of a request from a member eligible to purchase credit
under this section and certification of the member's service and
compensation from the employer for which the exempt service was
performed, the school employees retirement system shall determine the
amount of credit the member is eligible to purchase in accordance
with divisions (C)(1) and (2) of this section.

(1)
If the credit to be purchased is for service exempted under section
3309.23 or former section 3309.25 of the Revised Code, determine the
amount of credit that would have been earned had the service not been
exempt.

(2)
If the credit to be purchased is for service exempted under section
145.03 or 3307.24, or former section 3307.25 of the Revised Code,
request certification from the applicable retirement system that the
service was exempt and the amount of service credit that would have
been earned had the service not been exempt.

(D)
For each year or portion of a year of credit purchased under this
section, a member shall pay to the retirement system an amount
determined by multiplying the member's compensation for the twelve
months of contributing service preceding the month in which the
member applies to purchase the credit by a percentage rate
established by rule of the school employees retirement board

adopted under division (H) of this section
.

(E)

Subject
to board rules, a
A

member
may purchase all or part of the credit the member is eligible to
purchase under this section in one or more payments. If the member
purchases the credit in more than one payment, compound interest at a
rate specified by rule of the board shall be charged on the balance
remaining after the first payment is made.

(F)
Credit purchasable under this section shall not exceed one year of
service for any twelve-month period. If the period of service for
which credit is purchasable under this section is concurrent with a
period of service that will be used to calculate a retirement benefit
from this system, the public employees retirement system, or the
state teachers retirement system, the amount of the credit shall be
adjusted in accordance with rules adopted by the school employees
retirement board.

A
member who is also a member of the public employees retirement system
or the state teachers retirement system shall purchase credit for any
service for which the member exempted self under section 145.03 or
3309.23 of the Revised Code, or former section 3307.25 or 3309.25 of
the Revised Code, or was exempt under section 3307.24 of the Revised
Code, from the retirement system in which the member has the greatest
number of years of service credit. If the member receives benefits
under section 3309.35 of the Revised Code, the state retirement
system that is the paying system under that section shall receive
from the system or systems that are the transferring systems the
amounts paid by the member for purchase of credit for exempt service
plus interest at the actuarial assumption rate of the transferring
system. The interest shall be for the period beginning on the date of
the member's last payment for purchase of the credit and ending on
the date of the member's retirement.

(G)
If a member dies or withdraws from service, any payment made by the
member under this section shall be considered as accumulated
contributions of the member.

(H)
The retirement board shall adopt rules to implement this section.

Sec.
3309.34.
(A)(1)(a)
A member of the school employees retirement system is eligible for
service retirement before August 1, 2017, if the member:

(i)
Has at least five years of total service credit and has attained
sixty years of age;

(ii)
Has at least thirty years of total service credit at any age;

(iii)
Has at least twenty-five years of total service credit and has
attained fifty-five years of age.

(b)
A member who has at least twenty-five years of total service credit
on or before August 1, 2017, is eligible for retirement under
division (A)(1)(a)(ii) or (iii) of this section.

(c)
A member is eligible for retirement under division (A)(1)(a) of this
section if as of August 1, 2017, the member will have less than
twenty-five years of total service credit but, not later than that
date, pays to the retirement system an amount equal to the additional
liability to the system resulting from the member's retirement under
this division.

(2)(a)
Except as provided in division (A)(1)(c) of this section, a member
who on August 1, 2017, has less than twenty-five years of total
service credit is eligible for service retirement under this division
if the member:

(i)
Has earned at least ten years of total service credit and has
attained sixty-two years of age;

(ii)
Has earned at least twenty-five years of total service credit and has
attained sixty years of age;

(iii)
Has earned at least thirty years of total service credit and has
attained fifty-seven years of age.

(b)
The board
,
by rule adopted under division (D) of this section,

may adjust the retirement eligibility requirements of division
(A)(2)(a) of this section if the board's actuary, in its evaluation
under division (C) of this section, determines that an adjustment is
necessary to ensure that the retirement system meets the thirty-year
amortization period requirement of section 3309.211 of the Revised
Code.

(B)
A member may retire by filing an application for retirement with the
school employees retirement board on a form provided by the board.
The board shall not retire the member sooner than the first day of
the month next following the later of:

(1)
The last day of employment for which compensation was paid;

(2)
The attainment of minimum age and service credit eligibility for
service or commuted service retirement.

(C)
In each five-year period, the board shall direct its actuary to
evaluate the retirement eligibility requirements of this section.

(D)
The board, in consultation with its actuary, shall adopt rules to
implement this section.

Sec.
3309.345.
(A)
This section applies in the case of a person who is or most recently
has been employed by an employer in a position that is customarily
filled by a vote of members of a board or commission.

(B)
Except as otherwise provided in this section, a board or commission
that proposes to continue the employment as a reemployed retirant or
rehire as a reemployed retirant to the same position an individual
described in division (A) of this section shall do both of the
following

in accordance with rules adopted under division (E) of this section
:

(1)
Not less than sixty days before the employment as a reemployed
retirant is to begin, give public notice that the person is or will
be retired and is seeking employment with the employer;

(2)
Between fifteen and thirty days before the employment as a reemployed
retirant is to begin, hold a public meeting on the issue of the
person being employed by the employer.

The
notice regarding division (B)(1) of this section shall include the
time, date, and location at which the public meeting is to take
place.

(C)
A board or commission that proposes to continue a person's employment
or rehire the person as a reemployed retirant to a position that the
board or commission has urgent reasons to fill in an expedited manner
shall give thirty days notice under division (B)(1) of this section.
The board or commission shall include an explanation in the notice of
the urgent reasons requiring the position to be filled in an
expedited manner.

(D)
A board or commission is not required to give notice under division
(B)(1) of this section if the person has been retired for at least
one year before the person's employment as a reemployed retirant is
to begin.

(E)
The school employees retirement board shall adopt rules as necessary
to implement this section.

Sec.
3309.363.
(A)
As used in this section:

(1)
"Retirement allowance" means any of the following as
appropriate:

(a)
An allowance calculated under section 3309.36 of the Revised Code
before any reduction for early retirement or election under section
3309.46 of the Revised Code of a plan of payment;

(b)
An allowance calculated under division (A) of section 3309.45 of the
Revised Code;

(c)
An allowance calculated under division (B)(1)(a) of section 3309.381
of the Revised Code.

(2)
"CBBC" means the contribution based benefit cap, which is a
limit established by the school employees retirement board on the
retirement allowance a member may receive.

(B)
Based on the advice of an actuary appointed by the board, the board
shall designate a number as the CBBC factor. The board may, from time
to time, revise the factor pursuant to advice from an actuary
appointed by the board.

(C)
Beginning on and after August 1, 2024, before paying a retirement
allowance, the board shall make all of the following calculations:

(1)
Determine an amount equal to the value of the member's accumulated
contributions, including any contributions used to fund a disability
benefit under section 3309.40 of the Revised Code and a portion of
any amounts paid by an employer under section 3309.33 of the Revised
Code, as determined by an actuary appointed by the board;

(2)
Determine the amount of a single life annuity that is the actuarial
equivalent of the amount determined under division (C)(1) of this
section, adjusted for the age of the member at the time of retirement
or, when appropriate, the age at the time of the member's death;

(3)
Multiply the annuity amount determined under division (C)(2) of this
section by the CBBC factor.

(D)
The amount determined under division (C)(3) of this section is the
member's CBBC. Beginning on and after August 1, 2024, if the
retirement allowance the member would receive exceeds the member's
CBBC, the board shall reduce the retirement allowance to an amount
equal to the member's CBBC.

(E)
If a member's retirement allowance is reduced under this section, the
reduced retirement allowance is the member's single lifetime
allowance for purposes of sections 3309.36, 3309.381, and 3309.45 of
the Revised Code.

(F)
The board may adopt rules to implement this section.

Sec.
3309.374.
(A)
Until December 31, 2017, the school employees retirement board shall
annually increase each allowance, pension, or benefit payable under
this chapter by three per cent.

(B)
Effective January 1, 2018, the retirement board may annually increase
each allowance, pension, or benefit payable under this chapter by the
percentage increase, if any, in the consumer price index, not to
exceed two and one-half per cent, as determined by the United States
bureau of labor statistics (U.S. city average for urban wage earners
and clerical workers: "all items 1982-84=100") for the
twelve-month period ending on the thirtieth day of June of the
immediately preceding calendar year. No increase shall be made for a
period in which the consumer price index did not increase.

(C)
The first increase is payable to all persons becoming eligible after
June 30, 1971, upon such persons receiving an allowance, pension, or
benefit for twelve months, except that a recipient of an allowance,
pension, or benefit that commences on or after January 1, 2018, is
eligible for an increase under division (B) of this section on and
after the number of anniversaries of the allowance, pension, or
benefit determined by the retirement board.

The
increased amount is payable for the ensuing twelve-month period or
until the next increase is granted under this section, whichever is
later. Subsequent increases shall be determined from the date of the
first increase paid to the former member in the case of an allowance
being paid a beneficiary under an option, or from the date of the
first increase to the survivor first receiving an allowance or
benefit in the case of an allowance or benefit being paid to the
subsequent survivors of the former member.

The
date of the first increase under this section becomes the anniversary
date for any future increases.

(D)
The allowance or benefit used in the first calculation of an increase
under this section shall remain as the base for all future increases,
unless a new base is established. Any increase resulting from payment
of a recalculated benefit under Section 3 of Substitute Senate Bill
No. 270 of the 123rd general assembly shall be included in the
calculation of future increases under this section.

(E)
If payment of a portion of a benefit is made to an alternate payee
under section 3309.671 of the Revised Code, increases under this
section granted while the order is in effect shall be apportioned
between the alternate payee and the retirant or disability benefit
recipient in the same proportion that the amount being paid to the
alternate payee bears to the amount paid to the retirant or
disability benefit recipient.

If
payment of a portion of a benefit is made to one or more
beneficiaries under "plan F" under division (B)(3)(e) of
section 3309.46 of the Revised Code, each increase under this section
granted while the plan of payment is in effect shall be divided among
the designated beneficiaries in accordance with the portion each
beneficiary has been allocated.

(F)
No allowance, pension, or benefit payable under this chapter shall
exceed the limit established by section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 415, as
amended.

(G)
Before granting an increase under division (B) of this section, the
retirement board may adjust the percentage of any increase if the
board's actuary, in its annual actuarial valuation required by
section 3309.21 of the Revised Code, or in other evaluations
conducted under that section, determines that an adjustment does not
materially impair the fiscal integrity of the retirement system or is
necessary to preserve the fiscal integrity of the retirement system.

(H)
The retirement board shall make all rules necessary to carry out this
section.

Sec.
3309.375.
(A)
Except as otherwise provided in division (B) of this section, the
board of the school employees retirement system shall make available
to each retirant or disability benefit recipient receiving a monthly
allowance or benefit on or after January 1, 1968, who has attained
the age of sixty-five years, and who is not eligible to receive
hospital insurance benefits under the federal old age, survivors, and
disability insurance program, hospital insurance coverage
substantially equivalent to the federal hospital insurance benefits,
"Social Security Amendments of 1965," 79 Stat. 291, 42
U.S.C.A. 1395c, as amended. This coverage shall also be made
available to the spouse, widow, or widower of such retirant or
disability benefit recipient provided such spouse, widow, or widower
has attained age sixty-five and is not eligible to receive hospital
insurance benefits under the federal old age, survivors, and
disability insurance program. The widow or widower of a retirant or
disability benefit recipient shall be eligible for such coverage only
if
he
or she
the
widow or widower

is the recipient of a monthly allowance or benefit from this system.
Not less than twenty-five per cent of the cost for such coverage
shall be paid from the appropriate funds of the school employees
retirement system and the remainder by the recipient of the allowance
or benefit.

The
cost of such coverage, paid from the funds of the system, shall be
included in the employer's rate provided by sections 3309.49 and
3309.51 of the Revised Code. The retirement board
is
authorized to make all necessary rules pursuant to the purpose and
intent of this section, and
shall
contract for such coverage as provided in section 3309.69 of the
Revised Code.

Notwithstanding
sections 3309.49 and 3309.51 of the Revised Code, the employer's
contribution rate shall not be increased until July 1, 1969, or later
to reflect the increased costs created by this section.

(B)
The board need not make the hospital insurance coverage described in
division (A) of this section available to any person for whom it is
prohibited by section 3309.69 of the Revised Code from paying or
reimbursing the cost of such insurance.

Sec.
3309.3712.
The
school employees retirement board may establish and maintain a
qualified governmental excess benefit arrangement that meets the
requirements of division (m) of section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended, and any regulations adopted thereunder. If established, the
arrangement shall be a separate portion of the school employees
retirement system and be maintained solely for the purpose of
providing to retired members that part of a benefit otherwise payable
under this chapter that exceeds the limits established by section 415
of the "Internal Revenue Code of 1986," as amended.

Members
participating in an arrangement established under this section shall
not be permitted to elect to defer compensation to the arrangement.
Contributions to and benefits paid under an arrangement shall not be
payable from a trust that is part of the system unless the trust is
maintained solely for the purpose of providing such benefits.

The
board shall adopt rules to administer an arrangement established
under this section.

Sec.
3309.39.
(A)
The school employees retirement system shall provide disability
coverage to each member who has at least five years of total service
credit.

Not
later than October 16, 1992, the school employees retirement board
shall give each person who is a member on July 29, 1992, the
opportunity to elect disability coverage either under section 3309.40
of the Revised Code or under section 3309.401 of the Revised Code.
The board shall mail notice of the election, accompanied by an
explanation of the coverage under each of the Revised Code sections
and a form on which the election is to be made, to each member at the
member's last known address. The board shall also provide the
explanation and form to any member at the member's request.

Regardless
of whether the member actually receives notice of the right to make
an election, a member who fails to file a valid election under this
section shall be considered to have elected disability coverage under
section 3309.40 of the Revised Code. To be valid, an election must be
made on the form provided by the board, signed by the member, and
filed with the board not later than one hundred eighty days after the
date the notice was mailed, or, in the case of a form provided at the
request of a member, a date specified by rule of the board. Once
made, an election is irrevocable, but if the member ceases to be a
member of the system, the election is void. If a person who makes an
election under this section also makes an election under section
145.35 or 3307.62 of the Revised Code, the election made for the
system that pays a disability benefit to that person shall govern the
benefit.

Disability
coverage shall be provided under section 3309.401 of the Revised Code
for persons who become members after July 29, 1992, and for members
who elect under this division to be covered under section 3309.401 of
the Revised Code.

The
board may adopt rules governing elections made under this division.

(B)(1)
Application for a disability benefit may be made by a member, by a
person acting in the member's behalf, or by the member's employer, if
the member meets all of the following conditions:

(a)
Has at least five years of total service credit;

(b)
Has disability coverage under section 3309.40 or 3309.401 of the
Revised Code;

(c)
Is not receiving a disability benefit under this chapter or Chapter
145., 742., 3305., 3307., or 5505. of the Revised Code, or the
Cincinnati retirement system;

(d)
Is not applying for the disability benefit based on a disabling
condition that the system determines was caused by commission of
either of the following:

(i)
A felony the member was convicted of, pled guilty to, or was found
not guilty of by reason of insanity;

(ii)
An act for which the member was adjudicated a delinquent child, that
if committed by an adult, would be a felony.

(2)
The application for a disability benefit shall be made on a form
provided by the board. The benefit payable to any member who is
approved for a disability benefit shall become effective on the first
day of the month next following the later of the following:

(a)
The last day for which compensation was paid;

(b)
The date on which the member's most recent application for a
disability benefit was filed.

(C)
Medical examination of a member who has applied for a disability
benefit shall be conducted by a competent disinterested physician or
physicians selected by the board to determine whether the member is
mentally or physically incapacitated for the performance of the
member's last assigned primary duty as an employee by a disabling
condition either permanent or presumed to be permanent for twelve
continuous months following the filing of an application. Such
disability must have occurred before termination of the member's
contributing service and since last becoming a member or have
increased since last becoming a member to such extent as to make the
disability permanent or presumed to be permanent for twelve
continuous months following the filing of an application.

(D)
Application for a disability benefit must be made within two years
from the date the member's contributing service terminated, unless
the board determines that the member's medical records demonstrate
conclusively that at the time the two-year period expired, the member
was physically or mentally incapacitated for duty as an employee and
unable to make application. Application may not be made by any person
receiving a service retirement allowance or commuted service
retirement allowance under section 3309.36 or 3309.381 or former
section 3309.38 of the Revised Code or any person who, pursuant to
section 3309.42 of the Revised Code, has been paid the accumulated
contributions standing to the credit of the person's individual
account in the employees' savings fund.

(E)
If the physician or physicians determine that the member qualifies
for a disability benefit, the board concurs with the determination,
and the member agrees to any recommended medical treatment and
vocational rehabilitation as specified in divisions (F) and (G) of
this section, the member shall receive a disability benefit under
section 3309.40 or 3309.401 of the Revised Code. The action of the
board shall be final.

(F)
The board shall adopt rules requiring a disability benefit recipient,
as a condition of continuing to receive a disability benefit, to
agree in writing to obtain any medical treatment recommended by the
board's physician and submit medical reports regarding the treatment.
If the board determines that a disability benefit recipient is not
obtaining the medical treatment or the board does not receive a
required medical report, the disability benefit shall be suspended
until the treatment is obtained, the report is received by the board,
or the board's physician certifies that the treatment is no longer
helpful or advisable. Should the recipient's failure to obtain
treatment or submit a medical report continue for one year, the
recipient's right to the disability benefit shall be terminated as of
the effective date of the original suspension.

(G)(1)
(G)

A disability benefit recipient shall obtain any vocational
rehabilitation recommended by the board's physician or other
consultant and submit reports regarding the rehabilitation. If the
board determines that a recipient is not obtaining the rehabilitation
or the board does not receive a required report, the disability
benefit shall be suspended until the rehabilitation is obtained, the
report is received by the board, or the board's physician or
consultant certifies that rehabilitation is no longer helpful or
advisable. If the recipient's failure to obtain rehabilitation or
submit a required report continues for one year, the recipient's
right to the disability benefit shall be terminated as of the
effective date of the original suspension.

(2)
The board shall adopt rules to implement this division.

(H)
In the event an employer files an application for a disability
benefit as a result of a member having been separated from service
because the member is considered to be mentally or physically
incapacitated for the performance of the member's last assigned
primary duty as an employee, and the physician or physicians selected
by the board report to the board that the member is physically and
mentally capable of performing service similar to that from which the
member was separated, and the board concurs in such report, then the
board shall so certify to the employer and the employer shall restore
the member to the member's previous position and salary or to a
similar position and salary.

Sec.
3309.392.
(A)
A recipient of a disability benefit granted under this chapter on or
after January 7, 2013, but before

the effective date of this amendment

April 6, 2017
,
who is enrolled in health care coverage under section 3309.69 of the
Revised Code shall apply for social security disability insurance
benefit payments under 42 U.S.C. 423 if the recipient meets the
requirements of divisions (a)(1)(A), (B), and (C) of that section.

(B)
A recipient of a disability benefit granted under this chapter on or
after

the effective date of this amendment

April 6, 2017,

who is enrolled in health care coverage under section 3309.69 of the
Revised Code shall apply for both of the following:

(1)
Social security disability insurance benefit payments under 42 U.S.C.
423 if the recipient meets the requirements of divisions (a)(1)(A),
(B), and (C) of that section;

(2)
Hospital insurance benefits under 42 U.S.C. 426(b), if both of the
following are the case:

(a)
The recipient had medicare qualified government employment, as
defined in 42 U.S.C. 410(p).

(b)
The recipient would have met the requirements of divisions (a)(1)(A),
(B), and (C) of 42 U.S.C. 423 if the medicare qualified government
employment was treated as employment under 42 U.S.C. 410(a).

(C)
Unless the school employees retirement system determines that good
cause exists to exempt the recipient from the requirements of this
section, a recipient who is subject to division (A) or (B) of this
section shall file the applications required by those divisions as
follows:

(1)
For a recipient who on

the effective date of this amendment

April 6, 2017,

is enrolled in health care coverage under section 3309.69 of the
Revised Code, not later than one hundred eighty days after

the effective date of this amendment

April 6, 2017
;

(2)
For a recipient who enrolls in health care coverage under section
3309.69 of the Revised Code on or after

the effective date of this amendment

April 6, 2017
,
not later than ninety days after enrolling.

(D)
The recipient shall file a copy of each completed application and a
copy of the social security administration's acknowledgement of
receipt of the application with the retirement system. The system
shall accept the copy and acknowledgement as evidence of the
recipient's application.

The
recipient shall file with the system a copy of the social security
administration's final action on the recipient's application for
social security disability insurance benefit payments or hospital
insurance benefits, as applicable.

(E)(1)
Unless an exemption is granted under division (C) of this section:

(a)
A recipient subject to division (A) or (B) of this section who fails
without just cause to apply for social security disability insurance
benefit payments or to comply with division (D) of this section shall
have the recipient's disability benefit suspended until the recipient
applies for the payments and complies with division (D) of this
section.

(b)
A recipient subject to division (B) of this section who fails without
just cause to apply for hospital insurance benefits or to comply with
division (D) of this section shall have the recipient's disability
benefit suspended until the recipient applies for the benefits and
complies with division (D) of this section.

(2)
A recipient subject to division (B) of this section whose application
for hospital insurance benefits is approved by the social security
administration shall enroll in coverage for those benefits. A
recipient who fails to enroll in coverage for hospital insurance
benefits is not eligible for health care coverage under section
3309.69 of the Revised Code until the recipient enrolls in the
coverage for hospital insurance benefits.

(F)
The school employees retirement board may adopt rules as it considers
necessary to implement this section.

Sec.
3309.472.
For
one year after
the
effective date of this section
September
9, 1988
,
a member who resigned due to pregnancy prior to
the
effective date of this section
September
9, 1988

may purchase service credit for a period following the resignation
during which she did not make contributions under section 3309.47 of
the Revised Code, if she meets both of the following conditions:

(A)
She has earned a minimum of one year of service credit subsequent to
the date of her return to employment as a contributor to the
retirement system;

(B)
She returned to employment as a contributor not later than the first
day of classes of the third school year following the date of her
resignation.

Service
credit purchased by a member under this section may not exceed the
lesser of two years or an amount equal to the period from the
effective date of her resignation to the date of her return to
employment as a contributor, except that service credit may be
purchased for more than one period of absence due to pregnancy, but
the total service credit purchased may not exceed two years. The
member must submit evidence satisfactory to the school employees
retirement board documenting that her resignation was due to
pregnancy and that she meets the requirement of division (B) of this
section.

For
each year of service credit purchased under this section:

(1)
The member shall pay to the retirement system for credit to her
accumulated account an amount equal to her retirement contributions
for full-time employment for the first year of service subsequent to
her return to employment as a contributor to the retirement system,
plus compound interest thereon, at a rate established by the
retirement board, from the date of the member's return to employment
as a contributor to the date of payment;

(2)
The member's employer at the time of resignation shall pay an amount
certified by the retirement system, which shall be an amount equal to
the employer contribution for full-time employment for the member's
first year of service subsequent to her return to employment as a
contributor, plus compound interest thereon, at a rate established by
the retirement board, from the date of the member's return to
employment as a contributor to the date of payment.

A
member may purchase all or part of the credit for which she is
eligible in one or more payments.

The retirement board may adopt rules to implement this section.

Sec.
3309.473.
(A)
Except as provided in division (D) of this section, a member of the
school employees retirement system who resigned due to pregnancy or
adoption of a child may purchase service credit for a period
following the resignation during which the member did not make
contributions under section 3309.47 of the Revised Code, if the
member meets both of the following conditions:

(1)
The member has earned a minimum of one year of service credit
subsequent to the date of the member's return to employment as a
contributor to the system.

(2)
The member returned to employment as a contributor not later than the
first day of classes of the third school year following the date of
resignation.

Service
credit purchased under this section may not exceed the lesser of two
years or an amount equal to the period from the effective date of the
resignation to the date of return to employment as a contributor.
Service credit may be purchased for more than one period of
resignation due to pregnancy or adoption of a child, but the total
service credit purchased may not exceed two years. The member must
submit evidence satisfactory to the school employees retirement board
documenting that the resignation was due to pregnancy or adoption of
a child and that the member meets the requirement in division (A)(1)
of this section.

(B)
For each year of service credit purchased under this section:

(1)
The member shall pay to the system for credit to the member's
accumulated account an amount equal to the member's contributions for
full-time employment for the first year of service subsequent to the
member's return to employment as a contributor, plus compound
interest thereon at a rate established by the board, from the date of
the member's return to employment as a contributor to the date of
payment.

(2)
The member's employer at the time of resignation shall pay an amount
certified by the system, which shall be an amount equal to the
employer contribution for full-time employment for the member's first
year of service subsequent to the member's return to employment as a
contributor, plus compound interest thereon at a rate established by
the board, from the date of the member's return to employment as a
contributor to the date of payment.

(C)
A member may purchase all or part of the credit for which the member
is eligible in one or more payments. Service credit purchased under
this section shall be included in the member's total service credit.

(D)
A member who has purchased service credit under section 3309.472 of
the Revised Code for a period of absence may not purchase credit
under this section for the same period of absence.

(E)
The board may adopt rules to implement this section.

Sec.
3309.474.
(A)
As used in this section, "state retirement system" means
the public employees retirement system, Ohio police and fire pension
fund, state teachers retirement system, school employees retirement
system, or state highway patrol retirement system.

(B)
A state retirement system member who while a member of the school
employees retirement system was out of service due to a leave of
absence approved by the member's employer may purchase from the
school employees retirement system service credit for any period
during the leave for which contributions were not made under section
3309.47 of the Revised Code.

For
purposes of this section, a period of leave commences on the first
day for which employee and employer contributions were not made to
the system and ends on the earlier of the termination of the leave or
the member's return to contributing service.

(C)(1)
For each year of service purchased, the member shall pay to the
school employees retirement system for credit to the member's
accumulated account with that system an amount equal to the sum of
the following:

(a)
An amount determined by multiplying the compensation the member would
have received during the leave by the employee contribution rate in
effect at that time;

(b)
An amount determined by multiplying the compensation the member would
have received during the leave by the employer contribution rate in
effect at that time;

(c)
Compound interest at a rate determined by the school employees
retirement board from the first day of the year following the date
the leave commenced to the date of payment.

(2)
If the employee or employer contribution rate changed during the
leave, contributions for each month of the leave shall be made at the
rate in effect for that month.

(D)
Service credit purchased under this section for any period of leave
shall not exceed two years. Credit may be purchased for more than one
period of leave, but the total number of years purchased shall not
exceed the lesser of five years or the member's total accumulated
number of years of service as a contributor to the school employees
retirement system. The member may choose to purchase only part of
such credit in any one payment
,
subject to board rules
.

(E)
Service credit purchased under this section shall be considered the
equivalent of Ohio service credit.

(F)
The board may adopt rules under section 3309.04 of the Revised Code
to implement this section.

Sec.
3309.69.
(A)
The school employees retirement board may establish a program to
provide medical, hospital, surgical, prescription, or other health
care coverage, benefits, reimbursement, or any combination thereof,
to eligible individuals or dependents.

Any
program established under this section shall be designed and
administered by the board. In establishing a program, the board may
do any of the following:

(1)
Enter into an agreement with persons or government agencies
authorized to do business in the state for issuance of a policy or
contract of health, medical, hospital, prescription, surgical, or
other health care benefits, or any combination thereof;

(2)
Provide for self-insurance of risk or level of risk and provide
through the self-insurance method specific benefits as authorized by
the rules of the board;

(3)
Provide reimbursements or subsidies to eligible participants;

(4)
Make disbursements;

(5)
Determine levels of coverage and costs for the program;

(6)
Take any other action it considers necessary to establish and
administer the program.

(B)
If it establishes a health care program, the board shall establish
eligibility criteria and any other requirements for participation. To
be eligible, an individual must meet the criteria established by the
board and be one or more of the following:

(1)
A former member receiving benefits pursuant to section 3309.34,
3309.35, 3309.36, or 3309.381 or former section 3309.38 of the
Revised Code;

(2)
A disability benefit recipient receiving a disability benefit
pursuant to section 3309.35, 3309.39, 3309.40, or 3309.401 of the
Revised Code;

(3)
A beneficiary receiving monthly benefits pursuant to section 3309.45
of the Revised Code;

(4)
The beneficiary of a former member who is receiving monthly benefits
pursuant to section 3309.46 of the Revised Code;

(5)
A dependent, as determined under rules adopted by the board, of an
individual described in divisions (B)(1) to (4) of this section.

(C)
The cost paid from the funds of the system for coverage under this
section shall be included in the employer contribution under sections
3309.49 and 3309.491 of the Revised Code.

(D)(1)
The board may require payment of a premium for participation in the
health care program. Participation is deemed consent for the
deduction of premiums from any pension, benefit, or annuity provided
under this chapter to an eligible participant.

(2)
An individual who fails to pay any required premium or receives any
coverage or payment to which the individual is not entitled shall pay
or repay any amount due the system. If an individual fails to pay or
repay an amount due, the system may withhold the amount from any
pension, benefit, annuity, or payment due the individual or the
individual's beneficiary under this chapter or collect the amount in
any other manner provided by law.

(E)
A health care program participant who is eligible for coverage under
medicare part B, "Supplementary Medical Insurance Benefits for
the Aged and Disabled," 42 U.S.C. 1395j, as amended, shall
enroll for that coverage. The board shall, beginning the month
following receipt of satisfactory evidence of the payment for
coverage, make a monthly payment to the participant in an amount
determined by the board for such coverage that is not less than
forty-five dollars and fifty cents, except that the board shall make
no payment to a participant who is not eligible for coverage under
medicare part B or pay an amount that exceeds the amount paid by the
recipient for the coverage.

(F)
The board shall establish by rule requirements for the coordination
of any coverage, payment, or benefit provided under this section or
section 3309.375 of the Revised Code with any similar coverage,
payment, or benefit made available to the same individual by the
public employees retirement system, Ohio police and fire pension
fund, state teachers retirement system, or state highway patrol
retirement system.

(G)

The
board shall make all other necessary rules pursuant to the purpose
and intent of this section.

(H)

This
section does not require the board to establish, maintain, offer, or
continue any health care program. This section does not require the
board to provide or continue access to any health care program, or
any level of coverage or costs provided under the program, if the
board establishes or maintains a program under this section.

Sec.
3309.692.
As
used in this section, "SERS defined benefit plan" means the
plan established under sections 3309.18 to 3309.70 of the Revised
Code and "SERS defined contribution plan" means the plan
established under section 3309.81 of the Revised Code.

The
SERS defined benefit plan or a SERS defined contribution plan may
include a program under which a member participating in the plan or a
member's employer is permitted to make additional deposits for the
purpose of providing funds for the payment of health, medical,
hospital, surgical, dental, or vision care expenses, including
insurance premiums, deductible amounts, or copayments. The program
may be a voluntary employees' beneficiary association, as described
in section 501(c)(9) of the Internal Revenue Code, 26 U.S.C.
501(c)(9), as amended; an account described in section 401(h) of the
Internal Revenue Code, 26 U.S.C. 401(h), as amended; a medical
savings account; or a similar type of program under which an
individual may accumulate funds for the purpose of paying such
expenses. To implement the program, the school employees retirement
board may enter into agreements with insurance companies or other
entities authorized to conduct business in this state.

If
the SERS defined benefit plan or a SERS defined contribution plan
includes a program described in this section, the board shall adopt
rules to administer the program.

Sec.
3309.731.
(A)
As used in this section, "transferred service credit" means
service credit purchased or obtained under section 742.21, 742.214,
742.375, 5505.201, 5505.40, or 5505.41 of the Revised Code prior to
the date a member commenced the employment covered by the school
employees retirement system for which the member is currently
contributing to the system.

(B)
A member of the school employees retirement system who has
contributions on deposit with, but is no longer contributing to, a
uniform retirement system shall, in computing years of service, be
given full credit for transferred service credit if a transfer to the
school employees retirement system is made under this section. At the
request of a member, the uniform system shall transfer to the school
employees retirement system the sum of the following:

(1)
An amount equal to the amounts transferred to the uniform system
under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41
of the Revised Code;

(2)
Interest, determined as provided in division (E) of this section, on
the amount specified in division (B)(1) of this section for the
period from the last day of the year in which the transfer under
section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41 of
the Revised Code was made to the date a transfer is made under this
section.

(C)
A member of the school employees retirement system with at least
eighteen months of contributing service credit with the school
employees retirement system who has received a refund of
contributions to a uniform retirement system shall, in computing
years of service, be given full credit for transferred service credit
if, for each year of service, the school employees retirement system
receives the sum of the following:

(1)
An amount, which shall be paid by the member, equal to the amount
refunded by the uniform system to the member for that year for
transferred service credit, with interest on that amount from the
date of the refund to the date a payment is made under this section;

(2)
Interest, which shall be transferred by the uniform system, on the
amount refunded to the member for the period from the last day of the
year in which the transfer under section 742.21, 742.214, 742.375,
5505.201, 5505.40, or 5505.41 of the Revised Code was made to the
date the refund was made;

(3)
If the uniform system retained any portion of the amount transferred
under section 742.21, 742.214, 742.375, 5505.201, 5505.40, or 5505.41
of the Revised Code, an amount, which shall be transferred by the
uniform system, equal to the amount retained, with interest on that
amount for the period from the last day of the year in which the
transfer under section 742.21, 742.214, 742.375, 5505.201, 5505.40,
or 5505.41 of the Revised Code was made to the date a transfer is
made under this section.

On
receipt of payment from the member, the school employees retirement
system shall notify the uniform system, which, on receipt of the
notice, shall make the transfer required by this division. Interest
shall be determined as provided in division (E) of this section.

(D)
Service credit purchased or obtained under this section shall be
considered the equivalent of Ohio service credit. A member may choose
to purchase only part of the credit the member is eligible to
purchase under division (C) of this section in any one payment
,
subject to rules adopted by the school employees retirement board
.
A member is ineligible to purchase or obtain service credit under
this section for service to be used in the calculation of any
retirement benefit currently being paid or payable to the member in
the future under any other retirement program or for service credit
that may be purchased or obtained under section 3309.73 of the
Revised Code.

(E)
Interest charged under this section shall be calculated separately
for each year of service credit at the lesser of the actuarial
assumption rate for that year of the school employees retirement
system or of the uniform retirement system to which the credit was
transferred under section 742.21, 742.214, 742.375, 5505.201,
5505.40, or 5505.41 of the Revised Code. The interest shall be
compounded annually.

(F)
Any amounts transferred or paid under divisions (B) and (C) of this
section that are attributable to contributions made by the member or
to amounts paid to purchase service credit shall be credited to the
employees' savings fund created under section 3309.47 of the Revised
Code. Any remaining amounts shall be credited to one or more of the
funds created under that section as determined by the board.

(G)
At the request of the school employees retirement system, the uniform
retirement system shall certify to the school employees retirement
system a copy of the records of the service and contributions of a
school employees retirement system member who seeks service credit
under this section. The uniform retirement system shall specify the
portions of the amounts transferred that are attributable to employee
contributions, employer contributions, and interest.

(H)
If a member of the school employees retirement system who is not a
current contributor elects to receive service credit under section
742.214 or 5505.41 of the Revised Code for transferred service
credit, as defined in those sections, the system shall transfer to
the uniform retirement system, as applicable, the amount specified in
division (B) or (C) of section 742.214 or division (B) or (C) of
section 5505.41 of the Revised Code.

(I)
The board may adopt rules to implement this section.

Sec.
3309.81.
The
school employees retirement board may establish one or more plans
consisting of benefit options that provide for an individual account
for each participating member and under which benefits are based
solely on the amounts that have accumulated in the account. The plans
may include options under which a member participating in a plan may
receive definitely determinable benefits.

Each
plan established under this section shall meet the requirements of
sections 3309.81 to 3309.98 of the Revised Code

and any rules adopted in accordance with section 3309.80 of the
Revised Code
.
It may include life insurance, annuities, variable annuities,
regulated investment trusts, pooled investment funds, or other forms
of investment.

The
board may administer the plans, enter into contracts with other
entities to administer the plans, or both.

Sec.
3310.031.
(A)
The department of education and workforce shall adopt rules under

section
3310.17
Chapter
119.
of
the Revised Code establishing procedures for granting educational
choice scholarships to eligible students attending a nonpublic school
at the time the director of education and workforce grants the school
a charter under section 3301.16 of the Revised Code. The procedures
shall include
at
least
both
of
the
following:

(1)
Provisions for extending the application period for scholarships for
the following school year, if necessary due to the timing of the
award of the nonpublic school's charter, in order for students
enrolled in the school at the time the charter is granted to apply
for scholarships for the following school year;

(2)
Provisions for notifying the resident districts of the nonpublic
school's students that the nonpublic school has been granted a
charter and that educational choice scholarships may be awarded to
the school's students for the following school year.

(B)
A student who is enrolled in a nonpublic school at the time the
school's charter is granted is an eligible student if the student
satisfies any of the following conditions:

(1)
At the end of the last school year before the student enrolled in the
nonpublic school, the student was enrolled in a school building
operated by the student's resident district or in a community school
established under Chapter 3314. of the Revised Code and, for the
current or following school year, the student otherwise would be
assigned under section 3319.01 of the Revised Code to a school
building described in division (A)(1) of section 3310.03 of the
Revised Code.

(2)
The student was not enrolled in any public or other nonpublic school
before the student enrolled in the nonpublic school and, for the
current or following school year, otherwise would be assigned under
section 3319.01 of the Revised Code to a school building described in
division (A)(1) of section 3310.03 of the Revised Code.

(3)
At the end of the last school year before the student enrolled in the
nonpublic school, the student was enrolled in a school building
operated by the student's resident district and, during that school
year, the building met the conditions described in division (A)(1) of
section 3310.03 of the Revised Code.

(4)
At the end of the last school year before the student enrolled in the
nonpublic school, the student was enrolled in a community school
established under Chapter 3314. of the Revised Code but otherwise
would have been assigned under section 3319.01 of the Revised Code to
a school building that, during that school year, met the conditions
described in division (A)(1) of section 3310.03 of the Revised Code.

Sec.
3310.17.
(A)
The department of education and workforce shall adopt rules in
accordance with Chapter 119. of the Revised Code prescribing
procedures for the administration of the educational choice
scholarship pilot program.

(B)

The
department
of
education and workforce
shall
not require chartered nonpublic schools to comply with any education
laws or rules or other requirements that are not specified in
sections 3310.01 to 3310.17 of the Revised Code
or
in rules necessary for the administration of the program, adopted
under division (A) of this section,
and
that otherwise would not apply to a chartered nonpublic school.

Sec.
3310.41.
(A)
As used in this section:

(1)
"Alternative public provider" means either of the following
providers that agrees to enroll a child in the provider's special
education program to implement the child's individualized education
program or an education plan developed by the school district under
division (L) of this section and to which the child's parent owes
fees for the services provided to the child:

(a)
A school district that is not the school district in which the child
is entitled to attend school;

(b)
A public entity other than a school district.

(2)
"Eligible applicant" means any of the following:

(a)
Either of the natural or adoptive parents of a qualified special
education child, except as otherwise specified in this division.

When
the marriage of the natural or adoptive parents of the child has been
terminated by a divorce, dissolution of marriage, or annulment, or
when the natural or adoptive parents of the child are living separate
and apart under a legal separation decree, and a court has issued an
order allocating the parental rights and responsibilities with
respect to the child, "eligible applicant" means the
residential parent as designated by the court. If the court issues a
shared parenting decree, "eligible applicant" means either
parent. "Eligible applicant" does not mean a parent whose
custodial rights have been terminated.

(b)
The custodian of a qualified special education child, when a court
has granted temporary, legal, or permanent custody of the child to an
individual other than either of the natural or adoptive parents of
the child or to a government agency;

(c)
The guardian of a qualified special education child, when a court has
appointed a guardian for the child;

(d)
The grandparent of a qualified special education child, when the
grandparent is the child's attorney in fact under a power of attorney
executed under sections 3109.51 to 3109.62 of the Revised Code or
when the grandparent has executed a caretaker authorization affidavit
under sections 3109.65 to 3109.73 of the Revised Code;

(e)
The surrogate parent appointed for a qualified special education
child pursuant to division (B) of section 3323.05 and section
3323.051 of the Revised Code;

(f)
A qualified special education child, if the child does not have a
custodian or guardian and the child is at least eighteen years of age
and less than twenty-two years of age.

(3)
"Entitled to attend school" means entitled to attend school
in a school district under section 3313.64 or 3313.65 of the Revised
Code.

(4)
"Formula ADM" has the same meaning as in section 3317.02 of
the Revised Code.

(5)
"Preschool child with a disability" and "individualized
education program" have the same meanings as in section 3323.01
of the Revised Code.

(6)
"Qualified special education child" is a child who is at
least three years of age and less than twenty-two years of age and
who either was enrolled in the school district in which the child is
entitled to attend school in any grade from preschool through twelve
in the school year prior to the year in which a scholarship under
this section is sought for the child or is eligible to enter school
in any grade preschool through twelve or is less than twenty-two
years of age in the school district in which the child is entitled to
attend school in the school year in which a scholarship under this
section is sought for the child and for whom any of the following
conditions apply:

(a)
The school district in which the child is entitled to attend school
has identified the child as autistic. A child who has been identified
as having a "pervasive developmental disorder - not otherwise
specified (PPD-NOS)" shall be considered to be an autistic child
for purposes of this section.

(b)
The school district in which the child is entitled to attend school
has developed an individualized education program under Chapter 3323.
of the Revised Code for the child that includes services related to
autism.

(c)
The child has been diagnosed as autistic by a physician or
psychologist.

(d)
All of the following apply:

(i)
The child is enrolled in a chartered or nonchartered nonpublic
school, is home educated in accordance with section 3321.042 of the
Revised Code, or is a student older than compulsory school age and
less than twenty-two years of age and received a home education in
accordance with section 3321.042 of the Revised Code and has not
received a diploma under section 3313.6110 of the Revised Code.

(ii)
The child has an individualized education program developed under
Chapter 3323. of the Revised Code that includes services related to
autism.

(iii)
The child is still eligible to receive transition services under the
child's individualized education program.

(7)
"Registered private provider" means a nonpublic school or
other nonpublic entity that has been approved by the department of
education and workforce to participate in the program established
under this section.

(8)
"Special education program" means a school or facility that
provides special education and related services to children with
disabilities.

(B)
There is hereby established the autism scholarship program. Under the
program, the department shall pay a scholarship under section
3317.022 of the Revised Code to an eligible applicant upon
application of that eligible applicant pursuant to procedures and
deadlines established by rule of the department. Each scholarship
shall be used only to pay tuition for the child on whose behalf the
scholarship is awarded to attend a special education program or
programs that implements the child's individualized education program
or education plan and that is operated by an alternative public
provider or by a registered private provider, and to pay for other
services agreed to by the provider and the eligible applicant that
are not included in the individualized education program or education
plan but are associated with educating the child. Upon agreement with
the eligible applicant, the alternative public provider or the
registered private provider may modify the services provided to the
child. The purpose of the scholarship is to permit the eligible
applicant the choice to send the child to a special education program
or programs, instead of the one operated by or for the school
district in which the child is entitled to attend school, to receive
the services prescribed in the child's individualized education
program or education plan once the individualized education program
or education plan is finalized and any other services agreed to by
the provider and the eligible applicant. The services provided under
the scholarship shall include an educational component or services
designed to assist the child to benefit from the child's education.

At
the discretion of the eligible applicant, multiple alternative public
providers or registered private providers may be contracted to
provide services to implement an individualized education program or
education plan as the eligible applicant and providers determine are
necessary and associated with educating the qualified special
education child. A qualified special education child shall not be
limited to receiving services from a single provider for any services
as identified in the individualized education program or education
plan, including a single type of service.

(C)
Services, including intervention services, educational services,
academic services, tutoring services, aide services, and other
related special education services, provided through the program
established under this section may be provided virtually by any of
the following:

(1)
An educational aide or assistant who holds a valid permit issued
under section 3319.088 of the Revised Code;

(2)
An instructional assistant who holds a valid permit issued under
section 3310.43 of the Revised Code;

(3)
A qualified, credentialed provider in accordance with standards
established by the department;

(4)
A teacher or substitute teacher licensed by the state board of
education.

(D)
A scholarship under this section shall not be awarded to an eligible
applicant while the child's individualized education program is being
developed by the school district in which the child is entitled to
attend school, or while any administrative or judicial mediation or
proceedings with respect to the content of the child's individualized
education program are pending. A scholarship under this section shall
not be used for a child to attend a public special education program
that operates under a contract, compact, or other bilateral agreement
between the school district in which the child is entitled to attend
school and another school district or other public provider, or for a
child to attend a community school established under Chapter 3314. of
the Revised Code. However, nothing in this section or in any rule
adopted by the department shall prohibit an eligible applicant whose
child attends a public special education program under a contract,
compact, or other bilateral agreement, or an eligible applicant whose
child attends a community school, from applying for and accepting a
scholarship under this section so that the eligible applicant may
withdraw the child from that program or community school and use the
scholarship for the child to attend a special education program for
which the eligible applicant is required to pay for services for the
child.

(E)
Except for development of the child's individualized education
program or education plan, the school district in which a qualified
special education child is entitled to attend school and the child's
school district of residence, as defined in section 3323.01 of the
Revised Code, if different, are not obligated to provide the child
with a free appropriate public education under Chapter 3323. of the
Revised Code for as long as the child continues to attend the special
education program operated by either an alternative public provider
or a registered private provider for which a scholarship is awarded
under the autism scholarship program. If at any time, the eligible
applicant for the child decides no longer to accept scholarship
payments and enrolls the child in the special education program of
the school district in which the child is entitled to attend school,
that district shall provide the child with a free appropriate public
education under Chapter 3323. of the Revised Code.

(F)
A child attending a special education program with a scholarship
under this section shall continue to be entitled to transportation to
and from that program in the manner prescribed by law.

(G)
As prescribed in division (A)(2)(h) of section 3317.03 of the Revised
Code, a child who is not a preschool child with a disability for whom
a scholarship is awarded under this section shall be counted in the
formula ADM of the district in which the child is entitled to attend
school and not in the formula ADM of any other school district.

(H)
A scholarship shall not be paid under section 3317.022 of the Revised
Code to an eligible applicant for payment of tuition owed to a
nonpublic entity unless that entity is a registered private provider.
The department shall approve entities that meet the standards
established by rule of the department for the program established
under this section.

(I)
The department shall adopt rules under Chapter 119. of the Revised
Code prescribing
procedures
necessary to implement this section, including, but not limited to,

procedures
and deadlines for eligible applicants to apply for scholarships,
standards for registered private providers, and procedures for
approval of entities as registered private providers.

The
rules also shall specify that intervention services, including
virtual services, under the autism scholarship program may be
provided by a qualified, credentialed provider, including an educator
or substitute teacher licensed by the state board of education, and
shall additionally include
,
but not be limited to,

all of the following:

(1)
A behavior analyst certified by a nationally recognized organization
that certifies behavior analysts;

(2)
A psychologist licensed to practice in this state under Chapter 4732.
of the Revised Code;

(3)
An independent school psychologist or school psychologist licensed to
practice in this state under Chapter 4732. of the Revised Code;

(4)
Any person employed by a licensed psychologist, licensed independent
school psychologist, or licensed school psychologist, while carrying
out specific tasks, under the licensee's supervision, as an extension
of the licensee's legal and ethical authority as specified under
Chapter 4732. of the Revised Code who is ascribed as "psychology
trainee," "psychology assistant," "psychology
intern," or other appropriate term that clearly implies their
supervised or training status;

(5)
Unlicensed persons holding a doctoral degree in psychology or special
education from a program approved by the department;

(6)
A "registered behavior technician" as described under rule
5123-9-41 of the Administrative Code working under the supervision
and following the intervention plan of a certified Ohio behavior
analyst or a behavior analyst certified by a nationally recognized
organization that certifies behavior analysts;

(7)
A "certified Ohio behavior analyst" under Chapter 4783. of
the Revised Code;

(8)
An occupational therapist or physical therapist licensed to practice
in this state under Chapter 4755. of the Revised Code;

(9)
A speech-language pathologist licensed to practice in this state
under Chapter 4753. of the Revised Code;

(10)
An intervention specialist who holds a valid license issued by the
state board;

(11)
A literacy intervention specialist certified through pathways
recognized by the Ohio dyslexia committee established by section
3323.25 of the Revised Code. To the extent that certification for any
of the following positions is approved by the Ohio dyslexia committee
under section 3323.25 of the Revised Code, literary intervention
specialists may include:

(a)
A structured literacy dyslexia interventionist;

(b)
A structured literacy dyslexia specialist;

(c)
A certified academic language practitioner;

(d)
A certified academic language therapist.

(12)
An educational aide or assistant with a valid permit issued under
section 3319.088 of the Revised Code;

(13)
An instructional assistant with a valid permit issued in accordance
with section 3310.43 of the Revised Code
;

(14)
Any other qualified individual as determined by the department
.

Supervision
of a qualified, credentialed provider may be conducted virtually.

(J)
For billing purposes under the autism scholarship program, services
provided by a teacher or substitute teacher licensed by the state
board of education shall be classified as academic services and shall
not be classified as aide services. The department shall use this
differentiation to simplify monthly audit procedures.

(K)
The department shall provide reasonable notice to all eligible
applicants receiving a scholarship under the autism scholarship
program, alternative public providers, and registered private
providers of any amendment to a rule governing, or change in the
administration of, the autism scholarship program.

(L)
If a child qualifies for the autism scholarship program pursuant to a
diagnosis under division (A)(6)(c) of this section and does not have
an individualized education program that includes services related to
autism, the school district in which the child is entitled to attend
school shall develop an education plan for the child.

(M)
Not later than the thirtieth day of June each year, each alternative
public provider and registered private provider enrolling students
receiving autism scholarships shall submit to the department, in a
form and manner prescribed by the department, the tuition rates
charged by the provider for the following school year.

(N)
The department shall not require an eligible applicant who applies
for or receives a scholarship under this section to complete any kind
of income verification regarding the student's family income.

(O)
The department shall maintain a list of each registered private
provider and the location of that provider on its publicly accessible
web site.

Sec.
3310.64.
The
department of education and workforce shall adopt rules in accordance
with Chapter 119. of the Revised Code prescribing procedures

necessary

to
implement sections 3310.51 to 3310.63 of the Revised Code including
,
but not limited to,

procedures for parents to apply for scholarships, standards for
registered private providers, and procedures for registration of
private providers.

The
rules also shall specify that intervention services, including
virtual services, under the Jon Peterson special needs scholarship
program may be provided by a qualified, credentialed provider,
including an educator or substitute teacher licensed by the state
board of education, and shall additionally include
,
but not be limited to,

the credentialed professionals listed in division (C) of section
3310.58 of the Revised Code.

The
rules also shall specify that supervision of a qualified,
credentialed provider may be conducted virtually.

Sec.
3313.377.
(A)
As used in this section:

(1)
"Energy conservation measure" has the same meaning as in
section 3313.372 of the Revised Code.

(2)
"Energy saving measure" has the same meaning as in section
3313.373 of the Revised Code.

(B)
The Ohio facilities construction commission may issue a loan from
funds in the school energy performance contracting loan fund created
in section 3313.378 of the Revised Code to a board of education of a
city, exempted village, local, or joint vocational school district
that applies for a loan under section 3313.372 or 3313.373 of the
Revised Code.

(C)
Nothing in this section prohibits a board of education that receives
a loan under this section from utilizing any other energy efficiency
program.

(D)
The terms of a loan issued under this section shall be as follows:

(1)
Two per cent annual interest on the loan;

(2)
The full loan amount, plus interest, shall be repaid in not more than
ten years from the issuance of the loan;

(3)
Repayment on the loan begins six months after the installation of the
energy conservation measures is complete or the implementation of
energy savings measures is completed;

(4)
Any other provision considered appropriate by the commission.

(E)
All repayment amounts for any loans issued under this section shall
be made to the commission. The commission shall deposit all repayment
amounts received in the school energy performance contracting loan
fund created in section 3313.378 of the Revised Code.

(F)
If the commission enters into an agreement with a board for a loan
under this section, the commission shall promptly direct the
treasurer of state to remit money from the school energy performance
contracting loan fund to the board as provided in the terms of the
agreement.

(G)
The commission shall adopt rules to implement this section, including
a loan application.

Sec.
3313.616.
(A)
Notwithstanding the requirements of sections 3313.61, 3313.611, and
3313.612 of the Revised Code, the board of education of any city,
exempted village, or local school district or the governing authority
of any chartered nonpublic school may grant a high school diploma to
any veteran of World War II, the Korean conflict, or the Vietnam
conflict who is a resident of this state or who was previously
enrolled in any high school in this state if all of the following
apply:

(1)
The veteran either:

(a)
Left a public or nonpublic school located in any state prior to
graduation in order to serve in the armed forces of the United
States;

(b)
Left a public or nonpublic school located in any state prior to
graduation due to family circumstances and subsequently entered the
armed forces of the United States.

(2)
The veteran received an honorable discharge from the armed forces of
the United States.

(3)
The veteran has not been granted a diploma as provided in section
3313.61 or 3313.612 of the Revised Code, a diploma of adult education
as provided in section 3313.611 of the Revised Code, or a diploma
under this section.

(B)
Notwithstanding the requirements of sections 3313.61, 3313.611, and
3313.612 of the Revised Code, the board of education of any city,
exempted village, or local school district or the governing authority
of any chartered nonpublic school may grant a high school diploma to
any woman who left high school during World War II, the Korean
conflict, or the Vietnam conflict and who is a resident of this state
or was previously enrolled in any high school in this state, if both
of the following apply:

(1)
The woman either:

(a)
Left a public or nonpublic school located in any state prior to
graduation in order to join the workforce to support her family or to
join the war effort;

(b)
Left a public or nonpublic school located in any state prior to
graduation due to family circumstances and subsequently joined the
workforce or war effort.

(2)
The woman has not been granted a diploma as provided in section
3313.61 or 3313.612 of the Revised Code, a diploma of adult education
as provided in section 3313.611 of the Revised Code, or a diploma
under this section.

(C)
If a person who would otherwise qualify for a diploma under this
section is deceased, the board of education of any school district or
the governing authority of any chartered nonpublic school may award
such diploma to the person posthumously and may present that diploma
to a living relative of the person.

(D)
The department of veterans services, in accordance with section
111.15 of the Revised Code, and with the advice and consent of the
veterans advisory committee established under division (J) of section
5902.02 of the Revised Code, shall develop and adopt rules
to
implement this section. Such rules shall include, but not be limited
to, rules
establishing
procedures for application and verification of eligible persons for a
diploma under this section.

Sec.
3313.6111.
(A)
The department of education and workforce shall establish the state
seal of biliteracy, which may be attached or affixed to the high
school transcript of a student enrolled in a public or chartered
nonpublic school. The state seal of biliteracy shall demonstrate the
attainment of a high level of proficiency by a graduate of a public
or chartered nonpublic high school in one or more languages in
addition to English, sufficient for meaningful use in college and a
career. The purpose of the state seal of biliteracy shall be to:

(1)
Encourage students to study languages;

(2)
Certify the attainment of biliteracy;

(3)
Provide employers with a method of identifying individuals with
language and biliteracy skills;

(4)
Provide institutions of higher education with an additional method to
recognize applicants for admission;

(5)
Prepare students with twenty-first century skills;

(6)
Recognize the value of foreign language and native language
instruction in public schools; and

(7)
Strengthen inter-group relationships, affirm the value of diversity,
and honor the multiple cultures and languages of a community.

(B)(1)
A school district, community school established under Chapter 3314.
of the Revised Code, STEM school established under Chapter 3326. of
the Revised Code, college-preparatory boarding school established
under Chapter 3328. of the Revised Code, or chartered nonpublic
school may attach or affix the state seal of biliteracy to the
transcript of a student enrolled in the school who meets the
requirements prescribed under division (C)(1) of this section. A
district or school shall not be required to attach or affix the state
seal of biliteracy on the transcript of a student enrolled in the
school.

(2)
Each school district, community school, STEM school,
college-preparatory boarding school, and chartered nonpublic school
shall maintain appropriate records to identify students who have
completed the requirements for earning a state seal of biliteracy as
prescribed under division (C)(1) of this section, and if the district
or school has a policy of attaching or affixing the state seal of
biliteracy to student transcripts, the district or school shall make
the appropriate designation on the transcript of a student who
completes the requirements.

(C)
The department shall do the following:

(1)
Establish the requirements and criteria for earning a state seal of
biliteracy, including assessments of foreign language and English
proficiency
.
;

(2)
Prepare and deliver to participating school districts, community
schools, STEM schools, college-preparatory boarding schools, and
chartered nonpublic schools an appropriate mechanism for assigning a
state seal of biliteracy on a student's transcript indicating that
the student has been assigned the seal;

(3)
Provide any other information it considers necessary for school
districts, community schools, STEM schools, college-preparatory
boarding schools, and chartered nonpublic schools to participate in
the assigning of a state seal of biliteracy
;

(4)
Adopt rules in accordance with Chapter 119. of the Revised Code to
implement the provisions of this section
.

(D)
A student shall not be charged a fee to be assigned a state seal of
biliteracy on their transcript. A student may be required to pay a
fee to demonstrate proficiency in a language, including the cost of a
standardized test to determine proficiency in a language.

(E)
As used in this section, "foreign language" refers to any
language other than English, including modern languages, Latin,
American sign language, native American languages, and native
languages.

Sec.
3313.902.
(A)
As used in this section:

(1)
"Approved industry credential or certificate" means a
credential or certificate that is approved by the chancellor of
higher education.

(2)
"Approved institution" means an eligible institution that
has been approved to participate in the adult diploma pilot program
under this section.

(3)
"Approved program of study" means a program of study
offered by an approved institution that satisfies the requirements of
division (B) of this section.

(4)
An eligible student's "career pathway training program amount"
means the following:

(a)
If the student is enrolled in a tier one career pathway training
program, $4,800;

(b)
If the student is enrolled in a tier two career pathway training
program, $3,200;

(c)
If the student is enrolled in a tier three career pathway training
program, $1,600.

(5)
"Eligible institution" means any of the following:

(a)
A community college established under Chapter 3354. of the Revised
Code;

(b)
A technical college established under Chapter 3357. of the Revised
Code;

(c)
A state community college established under Chapter 3358. of the
Revised Code;

(d)
An Ohio technical center recognized by the chancellor that provides
post-secondary workforce education.

(6)
"Eligible student" means an individual who is at least
eighteen years of age and has not received a high school diploma or a
certificate of high school equivalence, as defined in section 4109.06
of the Revised Code.

(7)
A "tier one career pathway training program" is a career
pathway training program that requires more than six hundred hours of
technical training, as determined by the department of education and
workforce.

(8)
A "tier two career pathway training program" is a career
pathway training program that requires more than three hundred hours
of technical training but less than six hundred hours of technical
training, as determined by the department.

(9)
A "tier three career pathway training program" is a career
pathway training program that requires three hundred hours or less of
technical training, as determined by the department.

(10)
An eligible student's "work readiness training amount"
means the following:

(a)
If the student's grade level upon initial enrollment in an approved
program of study at an approved institution is below the ninth grade,

as
determined in accordance with rules adopted under division (E) of
this section,
$1,500.

(b)
If the student's grade level upon initial enrollment in an approved
program of study at an approved institution is at or above the ninth
grade,
as
determined in accordance with rules adopted under division (E) of
this section,
$750.

(B)
The adult diploma pilot program is hereby established to permit an
eligible institution to obtain approval from the department of
education and workforce and the chancellor to develop and offer a
program of study that allows an eligible student to obtain a high
school diploma. A program shall be eligible for this approval if it
satisfies all of the following requirements:

(1)
The program allows an eligible student to complete the requirements
for obtaining a high school diploma that are specified in rules
adopted under division (E) of this section while also completing
requirements for an approved industry credential or certificate.

(2)
The program includes career advising and outreach.

(3)
The program includes opportunities for students to receive a
competency-based education.

(C)
Notwithstanding sections 3313.61, 3313.611, 3313.613, 3313.614,
3313.618, and 3313.619 of the Revised Code, the department shall
grant a high school diploma to each eligible student who enrolls in
an approved program of study at an approved institution and completes
the requirements for obtaining a high school diploma that are
specified in rules adopted under division (E) of this section.

(D)(1)
The department shall calculate the following amount for each eligible
student enrolled in each approved institution's approved program of
study:

(The
student's career pathway training program amount + the student's work
readiness training amount) X 1.2

(2)
Except as provided in division (D)(4) of this section, the department
shall pay the amount calculated for an eligible student under
division (D)(1) of this section to the approved institution in which
the student is enrolled in the following manner:

(a)
Twenty-five per cent of the amount calculated under division (D)(1)
of this section shall be paid to the approved institution after the
student successfully completes the first third of the approved
program of study, as determined by the department;

(b)
Twenty-five per cent of the amount calculated under division (D)(1)
of this section shall be paid to the approved institution after the
student successfully completes the second third of the approved
program of study, as determined by the department;

(c)
Fifty per cent of the amount calculated under division (D)(1) of this
section shall be paid to the approved institution after the student
successfully completes the final third of the approved program of
study, as determined by the department.

(3)
Of the amount paid to an approved institution under division (D)(2)
of this section, the institution may use the amount that is in
addition to the student's career pathway training amount and the
student's work readiness training amount for the associated services
of the approved program of study. These services include counseling,
advising, assessment, and other services as determined or required by
the department.

(4)
If the department and the chancellor determine that it is appropriate
for an entity other than the department to make full or partial
payments for an eligible student under division (D)(2) of this
section, that entity shall make those payments and the department
shall not make those payments.

(E)
The director of education and workforce, in consultation with the
chancellor, shall adopt
the
following
rules
for the implementation of the adult diploma pilot program
,
including all of the following
:

(1)
The requirements for applying for program approval;

(2)
The requirements for obtaining a high school diploma through the
program, including the requirement to obtain a passing score on an
assessment that is appropriate for the career pathway training
program that is being completed by the eligible student, and the date
on which these requirements take effect;

(3)
The assessment or assessments that may be used to complete the
assessment requirement for each career pathway training program under
division (E)(2) of this section and the score that must be obtained
on each assessment in order to pass the assessment;

(4)
Guidelines regarding the funding of the program under division (D) of
this section, including a method of funding for students who transfer
from one approved institution to another approved institution prior
to completing an approved program of study;

(5)
Circumstances under which an eligible student may be charged for
tuition, supplies, or associated fees while enrolled in an approved
institution's approved program of study;

(6)
A requirement that an eligible student may not be charged for
tuition, supplies, or associated fees while enrolled in an approved
institution's approved program of study except in the circumstances
described under division (E)(5) of this section;

(7)
The payment of federal funds that are to be used by approved programs
of study at approved institutions.

Sec.
3317.072.
(A)
The transportation collaboration fund is hereby created in the state
treasury for fiscal years 2022 and 2023. The fund shall consist of
money appropriated for this purpose by the general assembly. The
department of education and workforce shall use money in the fund for
grants awarded under this section.

(B)(1)
For fiscal years 2022 and 2023, the department shall award
transportation collaboration grants each fiscal year to city, local,
and exempted village school districts for efforts that lead to shared
resource management, routing consolidation, regional collaboration,
or other activities that have the potential to reduce transportation
operating costs.

(2)
The department shall determine the amount of each grant awarded, but
no grant shall exceed $10,000 for any fiscal year.

(3)
The department shall adopt rules regarding all of the following:

(a)
The process for city, local, and exempted village school districts to
submit applications for grants awarded under this section, including
the deadline for those applications to be submitted;

(b)
The application form for grants awarded under this section;

(c)
The requirements and process for grant recipients to be eligible to
renew their grants in future fiscal years
;

(d)
Any other rules necessary to implement the provisions of this
section
.

Sec.
3318.60.
(A)
As used in this section and section 3318.61 of the Revised Code:

(1)
"Acquisition of classroom facilities" means constructing,
reconstructing, repairing, or making additions to classroom
facilities.

(2)
"Ohio facilities construction commission" and "classroom
facilities" have the same meanings as in section 3318.01 of the
Revised Code.

(B)
There is hereby established the college-preparatory boarding school
facilities program. Under the program, the Ohio facilities
construction commission shall provide assistance to the boards of
trustees of college-preparatory boarding schools established under
Chapter 3328. of the Revised Code for the acquisition of classroom
facilities.

(C)
The program shall comply with sections 3318.01 to 3318.20 of the
Revised Code, except as follows:

(1)
The commission, in consultation with the board of trustees of a
college-preparatory boarding school, shall determine the basic
project cost based on all campus facilities needed for the school's
programs and operations and shall take into account any unique spaces
or square footages needed for such facilities when calculating the
basic project cost. Regardless of the inclusion of nonclassroom
facilities in the calculation of the basic project cost, state funds
provided under the program shall be used only to pay for the
acquisition of classroom facilities that do not exceed the
construction and design standards established by the commission.

(2)
To be eligible for assistance under the program, the board of
trustees of a college-preparatory boarding school shall secure at
least twenty million dollars of private money to satisfy its share of
the basic project cost. Funds provided by the board may be used for
any type of facility.

(3)
A college-preparatory boarding school shall not be included in the
ranking required by section 3318.011 of the Revised Code. The
commission shall initiate procedures for the school's project when
the contract required by section 3328.12 of the Revised Code has been
executed.

(4)
No requirement related to the issuance of bonds or securities or the
levying of taxes by a school district shall apply to a
college-preparatory boarding school or its board of trustees.

(5)
The agreement entered into by the commission with the board of
trustees of a college-preparatory boarding school under section
3318.08 of the Revised Code shall provide for termination of the
contract and release of the funds encumbered at the time of the
project's conditional approval, if the board fails to secure the
amount specified in division (C)(2) of this section within such
period after the execution of the agreement as may be fixed by the
commission.

(D)
Within the ninety-day period immediately following September 29,
2011, the commission shall adopt rules necessary for the
implementation and administration of the program.

Sec.
3323.02.
As
used in this section, "IDEIA" means the "Individuals
with Disabilities Education Improvement Act of 2004," Pub. L.
No. 108-446.

It
is the purpose of this chapter to ensure that all children with
disabilities residing in this state who are at least three years of
age and less than twenty-two years of age, including children with
disabilities who have been suspended or expelled from school, have
available to them a free appropriate public education. No school
district, county board of developmental disabilities, or other
educational agency shall receive state or federal funds for special
education and related services unless those services for children
with disabilities are provided in accordance with IDEIA and related
provisions of the Code of Federal Regulations, the provisions of this
chapter, rules and standards adopted by the department of education
and workforce, and any procedures or guidelines issued by the
director of education and workforce. Any options or discretion
provided to the state by IDEIA may be exercised in state law or in
rules or standards adopted by the department of education and
workforce.

The
department of education and workforce shall establish rules or
standards for the provision of special education and related services
for all children with disabilities who are at least three years of
age and less than twenty-two years of age residing in the state,
regardless of the severity of their disabilities, including children
with disabilities who have been suspended or expelled from school.
The department of education and workforce shall consult with the
department of children and youth on rules or standards regarding the
provision of special education and related services for children with
disabilities from three to five years of age. The state law and the
rules or standards of the department of education and workforce may
impose requirements that are not required by IDEIA or related
provisions of the Code of Federal Regulations. The school district of
residence is responsible, in all instances, for ensuring that the
requirements of Part B of IDEIA are met for every eligible child in
its jurisdiction, regardless of whether services are provided by
another school district, other educational agency, or other agency,
department, or entity, unless IDEIA or related provisions of the Code
of Federal Regulations, another section of this chapter, or a rule
adopted by the department of education and workforce specifies that
another school district, other educational agency, or other agency,
department, or entity is responsible for ensuring compliance with
Part B of IDEIA.

The
department of children and youth shall, as appropriate, incorporate
the department of education and workforce's rules or standards for
providing special education and related services for children with
disabilities into the licensing requirements for preschool programs
under sections 3301.52 to 3301.59 of the Revised Code.

Notwithstanding
division (A)(4) of section 3301.53 of the Revised Code and any rules
adopted pursuant to that section and division (A) of section 3313.646
of the Revised Code, a board of education of a school district may
provide special education and related services for preschool children
with disabilities in accordance with this chapter and section
3301.52, divisions (A)(1) to (3) and (A)(5) and (6) of section
3301.53, and sections 3301.54 to 3301.59 of the Revised Code.

The
department of education and workforce may require any state or local
agency to provide documentation that special education and related
services for children with disabilities provided by the agency are in
compliance with the requirements of this chapter.

Not
later than the first day of February of each year the department of
education and workforce shall furnish the chairpersons of the
education committees of the house of representatives and the senate
with a report on the status of implementation of special education
and related services for children with disabilities required by this
chapter. The report shall include but shall not be limited to the
following items: the most recent available figures on the number of
children identified as children with disabilities and the number of
identified children receiving special education and related services.
The information contained in these reports shall be public
information.

Sec.
3323.08.
(A)
Each school district shall submit a plan to the department of
education and workforce that provides assurances that the school
district will provide for the education of children with disabilities
within its jurisdiction and has in effect policies, procedures, and
programs that are consistent with the policies and procedures adopted
by the department in accordance with section 612 of the "Individuals
with Disabilities Education Improvement Act of 2004," 20 U.S.C.
1412, and that meet the conditions applicable to school districts
under section 613 of that act, 20 U.S.C. 1413.

Each
district's plan shall do all of the following:

(1)
Provide, as specified in section 3323.11 of the Revised Code and in
accordance with standards established by the department, for an
organizational structure and necessary and qualified staffing and
supervision for the identification of and provision of special
education and related services for children with disabilities;

(2)
Provide, as specified by section 3323.03 of the Revised Code and in
accordance with standards established by the department, for the
identification, location, and evaluation of all children with
disabilities residing in the district, including children with
disabilities who are homeless children or are wards of the state and
children with disabilities attending private schools and who are in
need of special education and related services. A practical method
shall be developed and implemented to determine which children with
disabilities are currently receiving needed special education and
related services.

(3)
Provide, as specified by section 3323.07 of the Revised Code and
standards established by the department, for the establishment and
maintenance of special education and related services for children
with disabilities who are at least three years of age and less than
twenty-two years of age, including children with disabilities who
have been suspended or expelled from school.

(4)
Provide, as specified by section 3323.04 of the Revised Code and in
accordance with standards adopted by the department, for an
individualized education program for each child with a disability who
is at least three years of age and less than twenty-two years of age
residing within the district;

(5)
Provide, as specified by section 3323.02 of the Revised Code

and in accordance with standards established by the department
,
for special education and related services and a free appropriate
public education for every child with a disability who is at least
three years of age and less than twenty-two years of age, including
children with disabilities who have been suspended or expelled from
school;

(6)
Provide procedural safeguards and prior written notice as required
under section 3323.05 of the Revised Code and the standards
established by the department;

(7)
Outline the steps that have been or are being taken to comply with
standards established by the department.

(B)(1)
A school district may arrange, by a cooperative agreement or contract
with one or more school districts or with a cooperative education or
joint vocational school district or an educational service center, to
provide for the identification, location, and evaluation of children
with disabilities, and to provide special education and related
services for such children that meet the standards established by the
department. A school district may arrange, by a cooperative agreement
or contract, for the provision of related services for children with
disabilities that meet the standards established by the department.

(2)
A school district shall arrange by interagency agreement with one or
more school districts or with a cooperative education or joint
vocational school district or an educational service center or other
providers of early learning services to provide for the
identification, location, evaluation of children with disabilities of
ages birth through five years of age and for the transition of
children with disabilities at age three in accordance with the
standards established by the department. A school district may
arrange by interagency agreement with providers of early learning
services to provide special education and related services for such
children that meet the standards established by the department.

(3)
If at the time an individualized education program is developed for a
child a school district is not providing special education and
related services required by that individualized education program,
the school district may arrange by contract with a nonpublic entity
for the provision of the special education and related services,
provided the special education and related services meet the
standards for special education and related services established by
the department and is provided within the state.

(4)
Any cooperative agreement or contract under division (B)(1) or (2) of
this section involving a local school district shall be approved by
the governing board of the educational service center which serves
that district.

(C)
No plan of a local school district shall be submitted to the
department until it has been approved by the superintendent of the
educational service center which serves that district.

(D)
Upon approval of a school district's plan by the department, the
district shall immediately certify students for state funds under
section 3317.03 of the Revised Code to implement and maintain such
plan. The district shall, in accordance with guidelines adopted by
the department, identify problems relating to the provision of
qualified personnel and adequate facilities, and indicate the extent
to which the cost of programs required under the plan will exceed
anticipated state reimbursement. Each school district shall
immediately implement the identification, location, and evaluation of
children with disabilities in accordance with this chapter, and shall
implement those parts of the plan involving placement and provision
of special education and related services.

Sec.
3324.11.
No
rule adopted by the director of education and workforce pursuant to
this chapter
,
section 3301.07 of the Revised Code,

or any other provision of the Revised Code shall permit a school
district to report that it has provided services to a student
identified as gifted unless those services are paid for by the
district. Nothing in this section shall prohibit a district from
requiring a student to pay the costs of advanced placement or
international baccalaureate examinations.

Sec.
3328.12.
The
department of education and workforce shall enter into a contract
with the operator of each college-preparatory boarding school
established under this chapter. The contract shall stipulate the
following:

(A)
The school's board of trustees shall oversee the acquisition of a
facility for the school.

(B)
The operator shall operate the school in accordance with the terms of
the proposal accepted by the department under section 3328.11 of the
Revised Code, including the plan for increasing the grade levels
offered by the school.

(C)
The school shall comply with the provisions of this chapter.

(D)
The school shall comply with any other provisions of law specified in
the contract

and the rules adopted by the department under section 3328.50 of the
Revised Code
.

(E)
The school shall comply with the bylaws adopted by the board of
trustees under section 3328.13 of the Revised Code.

(F)
The school shall meet the academic goals and other performance
standards specified in the contract.

(G)
The school shall have a fiscal officer who meets standards
established for the purposes of this division by the department.

(H)
In accordance with procedures specified in the contract, the
department shall monitor the operation, programs, and facilities of
the school, including conducting on-site visits of the school.

(I)
The department may take actions, as specified in the contract, to
resolve issues of noncompliance by the school of the provisions of
this chapter, the contract, the bylaws adopted by the board of
trustees, or rules adopted by the department. Such specified actions
shall include procedures for notice of noncompliance and an appeal
process.

(J)
The department or the operator may terminate the contract in
accordance with the procedures specified in the contract, which shall
include at least a requirement that the party seeking termination
give prior notice of the intent to terminate the contract and a
requirement that the party receiving such notice be granted an
opportunity to redress any grievances cited in the notice prior to
the termination.

(K)
If the school closes for any reason, the school's board of trustees
shall execute the closing in the manner specified in the contract.

Sec.
3328.13.
The
board of trustees of each college-preparatory boarding school
established under this chapter shall adopt bylaws for the oversight
and operation of the school that are consistent with the provisions
of this chapter
,
the rules adopted under section 3328.50 of the Revised Code,

and the contract between the operator and the department of education
and workforce. The bylaws shall include procedures for the
appointment of future members of the school's board of trustees upon
expiration of the terms of the initial members, which procedures
shall comply with section 3328.15 of the Revised Code. The bylaws
also shall include standards for the admission of students to the
school and their dismissal from the school. The bylaws shall be
subject to the approval of the department.

Sec.
3332.031.
The
state board of career colleges and schools shall:

(A)

Adopt
rules under Chapter 119. of the Revised Code necessary to carry out
its duties and responsibilities under this chapter;

(B)

Establish minimum standards for the registration and operation of
private career schools including but not necessarily limited to
standards to ensure school financial stability;

(C)
(B)

Issue certificates of registration to private career schools pursuant
to division (A) of section 3332.05 of the Revised Code;

(D)
(C)

Suspend or revoke the certificate of registration of schools pursuant
to sections 3332.09 and 3332.091 of the Revised Code;

(E)
(D)

Establish minimum standards for certificate, diploma, and degree
programs offered by schools;

(F)
(E)

Issue program authorization pursuant to divisions (B) and (C) of
section 3332.05 of the Revised Code;

(G)
(F)

Suspend or revoke program authorization for schools pursuant to
sections 3332.09 and 3332.091 of the Revised Code;

(H)
(G)

Establish minimum standards, including but not necessarily limited to
a code of ethics, for agents employed by schools registered under
this chapter to reasonably ensure that such agents provide adequate,
ethical, and accurate information to prospective students;

(I)
(H)

Grant permits to agents pursuant to sections 3332.10 and 3332.11 of
the Revised Code;

(J)
(I)

Suspend or revoke an agent's permit pursuant to section 3123.47 or
3332.12 of the Revised Code;

(K)
(J)

Monitor recruitment and admissions practices of schools holding
certificates of registration to ensure compliance with this chapter
and the rules of the board;

(L)(1)
(K)(1)

Adopt rules requiring all schools to provide all applicant students,
prior to their signing enrollment agreements, written information
concerning the school's graduation and placement rates for each of
the preceding three years and any other information the board deems
pertinent.

(2)
Adopt rules requiring all schools to provide any student or applicant
student, prior to the signing of any financial aid, grant, or loan
application, written information concerning the obligations of a
student obtaining such financial aid, grant, or loan.

(3)
Upon request, a school shall furnish the board with a copy of all
information required by this division. The board shall monitor
schools to ensure their compliance with this division.

(M)
(L)

Adopt a rule requiring all schools to include, in the enrollment
agreement, notice that any problems the student is having with the
school, or complaints the student has about the school, may be
directed to the board, which notice shall include the telephone
number of the executive director of the board;

(N)
(M)

Report annually to the governor and the general assembly on the
activities of the board and private career schools, and make
legislative recommendations when necessary to enable the board to
better serve the student population and the schools registered under
this chapter;

(O)
(N)

Adopt a rule requiring a uniform tuition refund policy for all
schools subject to this chapter. In adopting the rule, the board
shall consider the tuition refund policies effectuated by
state-supported colleges and universities. Each school subject to
this chapter shall furnish to each prospective student, prior to the
signing of an enrollment agreement, a copy of the tuition refund
policy.

(P)
(O)

Adopt a rule establishing minimum standards for all faculty and
instructional staff in all instructional programs at a school. In the
case of full-time faculty members employed for degree programs, such
standards shall include all of the following:

(1)
A prohibition against employing on or after July 1, 1993, any new
full-time faculty member to teach the general study portion of any
degree program, unless the person holds a master's degree in the
subject matter discipline or holds a master's degree in education
with proficiency in the subject matter discipline demonstrated in
accordance with the standards adopted by the board.

(2)
Except as provided under the standards adopted pursuant to division

(P)(3)
(O)(3)

of this section, a prohibition against employing or reemploying on or
after July 1, 1998, any full-time faculty member to teach the general
study portion of any degree program, unless the person holds a
master's degree in the subject matter discipline or holds a master's
degree in education with proficiency in the subject matter discipline
demonstrated in accordance with the standards adopted by the board.

(3)
Standards under which the board, upon written request submitted to
the board prior to July 1, 1994, by any school, may exempt the school
from the prohibition adopted pursuant to division
(P)(2)
(O)(2)

of this section with regard to any individual full-time faculty
member employed by the school who has demonstrated outstanding
teaching performance in the general study portion of any degree
program at the school for a period of at least six years prior to
July 1, 1993.

(4)
Definitions of "full-time faculty member," "new
faculty member," and any other term the board considers
necessary to define.

(Q)
(P)

Adopt a rule prohibiting a school or branch campus thereof from
claiming accreditation from an accrediting agency in any of its
advertising, recruiting, or promotional materials unless the agency
is recognized as an accrediting agency by the United States
department of education.

Sec.
3332.09.
(A)
The state board of career colleges and schools may, except as
provided in division (B) of this section, limit, suspend, revoke, or
refuse to issue or renew a certificate of registration or program
authorization or may impose a penalty pursuant to section 3332.091 of
the Revised Code for any one or combination of the following causes:

(1)
Violation of any provision of sections 3332.01 to 3332.09 of the
Revised Code, the board's minimum standards, or any rule made by the
board;

(2)
Furnishing of false, misleading, deceptive, altered, or incomplete
information or documents to the board;

(3)
The holding of a certificate of registration by a person who has
pleaded guilty or has been found guilty of a felony or has pleaded
guilty or been found guilty of a crime involving moral turpitude;

(4)
The signing of an application or the holding of a certificate of
registration by a person who is addicted to the use of any controlled
substance, or who is found to be mentally incompetent;

(5)
Violation of any commitment made in an application for a certificate
of registration or program authorization;

(6)
Presenting to prospective students, either at the time of
solicitation or enrollment, or through advertising, mail circulars,
or phone solicitation, misleading, deceptive, false, or fraudulent
information relating to any program, employment opportunity, or
opportunities for enrollment in accredited institutions of higher
education after entering or completing programs offered by the holder
of a certificate of registration;

(7)
Failure to provide or maintain premises or equipment for offering
programs in a safe and sanitary condition;

(8)
Refusal by an agent to display the agent's permit upon demand of a
prospective student or other interested person;

(9)
Failure to maintain financial resources adequate for the satisfactory
conduct of programs as presented in the plan of operation or to
retain a sufficient number and qualified staff of instruction, except
that nothing in this chapter requires an instructor to be licensed by
the state board of education or to hold any type of post-high school
degree;

(10)
Offering training or programs other than those presented in the
application, except that schools may offer special courses adapted to
the needs of individual students when the special courses are in the
subject field specified in the application;

(11)
Discrimination in the acceptance of students upon the basis of race,
color, religion, sex, or national origin;

(12)
Accepting the services of an agent not holding a valid permit issued
under section 3332.10 or 3332.11 of the Revised Code;

(13)
The use of monetary or other valuable consideration by the school's
agents or representatives to induce prospective students to enroll in
the school, or the practice of awarding monetary or other valuable
considerations without board approval to students in exchange for
procuring the enrollment of others;

(14)
Failure to provide at the request of the board, any information,
records, or files pertaining to the operation of the school or
recruitment and enrollment of students.

(B)
The board shall not refuse to issue a certificate of registration to
an applicant because the applicant was found guilty of or pleaded
guilty to an offense unless the refusal is in accordance with section
9.79 of the Revised Code.

(C)
If the board modifies or adopts additional minimum standards
or
rules
pursuant
to section 3332.031 of the Revised Code, all schools and agents shall
have sixty days from the effective date of the modifications or
additional standards

or rules

to comply with such modifications or additions.

Sec.
3333.04.
The
chancellor of higher education shall:

(A)
Make studies of state policy in the field of higher education and
formulate a master plan for higher education for the state,
considering the needs of the people, the needs of the state, and the
role of individual public and private institutions within the state
in fulfilling these needs;

(B)(1)
Report annually to the governor and the general assembly on the
findings from the chancellor's studies and the master plan for higher
education for the state;

(2)
Report at least semiannually to the general assembly and the governor
the enrollment numbers at each state-assisted institution of higher
education.

(C)
Approve or disapprove the establishment of new branches or academic
centers of state colleges and universities;

(D)
Approve or disapprove the establishment of state technical colleges
or any other state institution of higher education;

(E)
Recommend the nature of the programs, undergraduate, graduate,
professional, state-financed research, and public services which
should be offered by the state colleges, universities, and other
state-assisted institutions of higher education in order to utilize
to the best advantage their facilities and personnel;

(F)
Recommend to the state colleges, universities, and other
state-assisted institutions of higher education graduate or
professional programs, including, but not limited to, doctor of
philosophy, doctor of education, and juris doctor programs, that
could be eliminated because they constitute unnecessary duplication,
as shall be determined using the process developed pursuant to this
division, or for other good and sufficient cause. Prior to
recommending a program for elimination, the chancellor shall hold at
least one public hearing on the matter to determine whether the
program should be recommended for elimination. The chancellor shall
provide notice of each hearing within a reasonable amount of time
prior to its scheduled date.

For
purposes of determining the amounts of any state instructional
subsidies paid to state colleges, universities, and other
state-assisted institutions of higher education, the chancellor may
exclude students enrolled in any program that the chancellor has
recommended for elimination pursuant to this division except that the
chancellor shall not exclude any such student who enrolled in the
program prior to the date on which the chancellor initially commences
to exclude students under this division.

The
chancellor and state colleges, universities, and other state-assisted
institutions of higher education shall jointly develop a process for
determining which existing graduate or professional programs
constitute unnecessary duplication.

(G)
Recommend to the state colleges, universities, and other
state-assisted institutions of higher education programs which should
be added to their present programs;

(H)
Conduct studies for the state colleges, universities, and other
state-assisted institutions of higher education to assist them in
making the best and most efficient use of their existing facilities
and personnel;

(I)
Make recommendations to the governor and general assembly concerning
the development of state-financed capital plans for higher education;
the establishment of new state colleges, universities, and other
state-assisted institutions of higher education; and the
establishment of new programs at the existing state colleges,
universities, and other institutions of higher education;

(J)
Review the appropriation requests of the public community colleges
and the state colleges and universities and submit to the office of
budget and management and to the chairpersons of the finance
committees of the house of representatives and of the senate the
chancellor's recommendations in regard to the biennial higher
education appropriation for the state, including appropriations for
the individual state colleges and universities and public community
colleges. For the purpose of determining the amounts of instructional
subsidies to be paid to state-assisted colleges and universities, the
chancellor shall define "full-time equivalent student" by
program per academic year. The definition may take into account the
establishment of minimum enrollment levels in technical education
programs below which support allowances will not be paid. Except as
otherwise provided in this section, the chancellor shall make no
change in the definition of "full-time equivalent student"
in effect on November 15, 1981, which would increase or decrease the
number of subsidy-eligible full-time equivalent students, without
first submitting a fiscal impact statement to the president of the
senate, the speaker of the house of representatives, the legislative
service commission, and the director of budget and management. The
chancellor shall work in close cooperation with the director of
budget and management in this respect and in all other matters
concerning the expenditures of appropriated funds by state colleges,
universities, and other institutions of higher education.

(K)
Seek the cooperation and advice of the officers and trustees of both
public and private colleges, universities, and other institutions of
higher education in the state in performing the chancellor's duties
and making the chancellor's plans, studies, and recommendations;

(L)
Appoint advisory committees consisting of persons associated with
public or private secondary schools, members of the state board of
education, or personnel of the department of education and workforce;

(M)
Appoint advisory committees consisting of college and university
personnel, or other persons knowledgeable in the field of higher
education, or both, in order to obtain their advice and assistance in
defining and suggesting solutions for the problems and needs of
higher education in this state;

(N)
Approve or disapprove all new degrees and new degree programs at all
state colleges, universities, and other state-assisted institutions
of higher education.

When
considering approval of a new degree or degree program for a state
institution of higher education, as defined in section 3345.011 of
the Revised Code, the chancellor shall take into account the extent
to which the degree or degree program aligns with the state's
workforce development priorities.

(O)
Adopt
such
rules as are necessary to carry out the chancellor's duties and
responsibilities. The rules shall prescribe
procedures
for the chancellor to follow when taking actions associated with the
chancellor's duties and responsibilities and shall indicate which
types of actions are subject to those procedures. The procedures
adopted under this division shall be in addition to any other
procedures prescribed by law for such actions. However, if any other
provision of the Revised Code
or
rule adopted by the chancellor
prescribes
different procedures for such an action, the procedures adopted under
this division shall not apply to that action to the extent they
conflict with the procedures otherwise prescribed by law. The
procedures adopted under this division shall include at least the
following:

(1)
Provision for public notice of the proposed action;

(2)
An opportunity for public comment on the proposed action, which may
include a public hearing on the action by the chancellor;

(3)
Methods for parties that may be affected by the proposed action to
submit comments during the public comment period;

(4)
Written publication of the final action taken by the chancellor and
the chancellor's rationale for the action;

(5)
A timeline for the process described in divisions (O)(1) to (4) of
this section.

(P)
Make recommendations to the governor and the general assembly
regarding the design and funding of the student financial aid
programs specified in sections 3333.122, 3333.21 to 3333.26, and
5910.02 of the Revised Code;

(Q)
Participate in education-related state or federal programs on behalf
of the state and assume responsibility for the administration of such
programs in accordance with applicable state or federal law;

(R)
Adopt rules for student financial aid programs as required by
sections 3333.122, 3333.21 to 3333.26, 3333.28, and 5910.02 of the
Revised Code, and perform any other administrative functions assigned
to the chancellor by those sections;

(S)
Conduct enrollment audits of state-supported institutions of higher
education;

(T)
Appoint consortia of college and university personnel to advise or
participate in the development and operation of statewide
collaborative efforts, including the Ohio supercomputer center, the
Ohio academic resources network, OhioLink, and the Ohio learning
network. For each consortium, the chancellor shall designate a
college or university to serve as that consortium's fiscal agent,
financial officer, and employer. Any funds appropriated for the
consortia shall be distributed to the fiscal agents for the operation
of the consortia. The chancellor may restructure existing consortia,
appointed under this division, in accordance with procedures adopted
under divisions (O)(1) to (5) of this section.

A
consortium shall follow the rules of the college or university that
serves as its fiscal agent, except that when making a purchase with
appropriated funds of any product that includes semiconductors, a
consortium shall conduct the purchase in accordance with rules
adopted by the director of administrative services under division (B)
of section 125.09 of the Revised Code for giving preference to Buy
Ohio products.

(U)

Adopt rules establishing advisory duties and responsibilities of the
department of higher education not otherwise prescribed by law;

(V)

Respond to requests for information about higher education from
members of the general assembly and direct staff to conduct research
or analysis as needed for this purpose.

Notwithstanding
any provision of law to the contrary, and to reduce duplicative
reporting, the chancellor may use data or information submitted to
the higher education information system and other public data
exchanges, as determined appropriate, to fulfill reporting
requirements, provided the information is materially consistent.

Sec.
3333.052.
(A)
The chancellor of higher education, with the assistance of the
department of job and family services, shall establish the community
college acceleration program to enhance financial, academic, and
personal support services to students in need of support from local
social service agencies. The program shall identify the services and
resources available to assist eligible students enrolled in a
community college established under Chapter 3354., a state community
college established under Chapter 3358., a technical college
established under Chapter 3357., or a university branch campus
established under Chapter 3355. of the Revised Code.

(B)
The chancellor shall adopt rules to
administer
the program. The rules shall
specify
the types of services provided by the program, which may include any
of the following:

(1)
Comprehensive and personalized advisement;

(2)
Career counseling;

(3)
Tutoring;

(4)
Tuition waivers;

(5)
Financial assistance to defray the costs of transportation and
textbooks.

Sec.
3333.073.
The
chancellor of higher education may require a state institution of
higher education, as defined in section 3345.011 of the Revised Code,
to conduct a viability analysis of any program offered at that
institution and submit the findings of the analysis to the
chancellor, if the chancellor determines that the program has a low
completion rate, low enrollment rate, or meets other criteria
determined relevant by the chancellor.
The
chancellor may adopt rules to implement this section.

Sec.
3333.125.
(A)
As used in this section:

(1)
"Eligible student" means an individual who satisfies all of
the following:

(a)
The individual is an Ohio resident.

(b)
The individual is enrolled in an eligible school.

(c)
The individual has passed a drug test.

(d)
The individual does not have more than three moving violations in two
consecutive years. If an individual who the eligible school has
determined is an eligible student has three moving violations in two
consecutive years while participating in the program, the individual
shall no longer be considered eligible for continued participation in
the program.

(e)
The individual has not plead guilty to or been convicted of operating
a vehicle under the influence of alcohol or a drug of abuse under
section 4511.19 of the Revised Code in the past twelve months. If an
individual who the eligible school has determined is an eligible
student pleads guilty to or is convicted of operating a vehicle under
the influence of alcohol or a drug of abuse while participating in
the program, the individual shall no longer be considered eligible
for continued participation in the program.

(f)
The individual meets any additional eligibility criteria established
under rules adopted by the chancellor, in consultation with the
director of public safety, under division (F) of this section.

(2)
"Eligible school" means either of the following:

(a)
A commercial driver training school certified by the director of
public safety as holding a license issued pursuant to section 4508.03
or 4508.09 of the Revised Code, rules adopted under either of those
sections, and other necessary standards and procedures as determined
by the director;

(b)
A program exempted from licensure by the director of public safety
under section 4508.07 of the Revised Code but approved to be a
commercial driver training school by the chancellor and the director
for purposes of the student aid program at any of the following:

(i)
A state institution of higher education, as defined in section
3345.011 of the Revised Code;

(ii)
A career college or school in this state that holds a certificate of
registration from the state board of career colleges and schools
under Chapter 3332. of the Revised Code;

(iii)
A private, nonprofit institution in this state that holds a
certificate of authorization pursuant to Chapter 1713. of the Revised
Code;

(iv)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in section 3333.046 of the Revised
Code, if the program has a certificate of authorization pursuant to
Chapter 1713. of the Revised Code;

(v)
A career-technical center, joint vocational school district,
comprehensive career-technical center, or compact career-technical
center offering adult training.

No
commercial driver training school that charges employers recruiting
fees shall be certified under this division.

(3)
"Employed in this state" means either of the following:

(a)
An individual is employed as a truck driver by an entity that has a
valid mailing address in the state.

(b)
An individual is self-employed as a truck driver using a valid
mailing address in the state.

(4)
"Moving violation" has the same meaning as in section
4510.01 of the Revised Code.

(B)
The commercial truck driver student aid program is hereby
established. Under the program, the chancellor of higher education
shall make awards to eligible schools. Schools that receive such
awards shall distribute to an eligible student who commits to reside
in and be employed in this state for a minimum of one year upon
completion of a commercial driver training program a combination of a
grant and a loan in the amounts prescribed by the chancellor under
division (D) of this section to pay for the costs of a commercial
driver training program at an eligible school.

(C)
There is hereby established in the state treasury the commercial
truck driver student aid fund, which shall consist of funds
appropriated by the general assembly for purposes of this section and
funds received as repayment for loans awarded under this section.

The
fund shall be used by the chancellor for grants and loans made under
this section and for expenses of creating and administering the
program.

(D)(1)
The chancellor shall determine the grant and loan amount awarded to
an eligible student.

Except
as provided in division (D)(2) of this section, the chancellor also
shall award a loan to an eligible student in the same amount as the
grant. A loan for an eligible student's program costs under this
section shall not exceed ten thousand dollars. The total amount of a
grant and a loan awarded to an eligible student under this section
shall not exceed the cost of tuition and related expenses for an
eligible school's commercial driver training program.

(2)
If, for any academic year, the amounts available for support of the
program are inadequate to provide grants and loans to all eligible
students who apply for participation or are participating in the
program, the chancellor shall proportionately reduce the amount of
each grant and loan to be awarded for the academic year.

(E)(1)
The chancellor shall be responsible for making deposits and
withdrawals and maintaining records pertaining to the student aid
program.

(2)
Each eligible student who accepts a grant or loan under division (B)
of this section shall sign a promissory note payable to the state in
the event the student fails to do either of the following:

(a)
Satisfy the residency and employment requirement under that division;

(b)
Complete the commercial driver training program in which the student
was enrolled.

(3)
The amount payable under the note shall be the amount of the grant or
loan accepted by the student plus interest accrued annually beginning
either one calendar year after the student completes a commercial
driver training program or immediately after the student disenrolls
from, or does not complete, a commercial driver training program. The
chancellor shall determine the interest rate and period of repayment
under the note. The chancellor may consult with the attorney general
and the treasurer of state when determining the interest rate and
period of repayment.

(4)
The note shall stipulate that the obligation to make payments under
the note is canceled once either of the following applies to the
student:

(a)
The student completes a commercial driver training program and meets
the residency and employment requirement under division (B) of this
section.

(b)
The student dies or becomes totally and permanently disabled.

(F)
The chancellor, in consultation with the director of public safety,
shall adopt rules, in accordance with Chapter 119. of the Revised
Code,
necessary
for the operation of the program, including rules
for
all of the following:

(1)
Terms and conditions for loans under the program;

(2)
Requirements for certification of commercial driver training schools;

(3)
Additional eligibility criteria that the chancellor determines
necessary for individuals participating in the program.

Sec.
3333.126.
(A)
As used in this section, "eligible student" means a student
to whom all of the following apply:

(1)
The student receives an Ohio college opportunity grant under section
3333.122 of the Revised Code.

(2)
The student has completed at least two years of a bachelor's degree
program.

(3)
The student is making progress toward completing the student's
bachelor's degree program.

(B)
In addition to the Ohio college opportunity grant a student is
awarded under section 3333.122 of the Revised Code, the chancellor
shall award an eligible student with a supplemental grant. Funding
for this supplemental grant shall be paid for from funds appropriated
for grants awarded under section 3333.122 of the Revised Code.
Supplemental grants awarded under this section shall be subject to
the same requirements as a grant awarded under section 3333.122 of
the Revised Code, including divisions (D)(1) and (E) of that section.

The
chancellor shall award supplemental grants under this section only if
the chancellor determines that sufficient funds remain for that
purpose after the chancellor awards grants under section 3333.122 of
the Revised Code.

(C)
The chancellor shall adopt rules to
implement
this section. The rules shall include
establish

a
method to calculate supplemental grant amounts.

Sec.
3333.127.
(A)
As used in this section:

(1)
"Cost of attendance" has the same meaning as in 20 U.S.C.
1087ll.

(2)
"Eligible student" means a student to whom all of the
following apply:

(a)
The student is a resident of this state under rules adopted by the
chancellor of higher education under section 3333.31 of the Revised
Code.

(b)
The student has not attained a bachelor's degree from a qualifying
institution or an institution of higher education in another state
prior to applying for a grant under this section.

(c)
The student, while in good standing, disenrolled from a qualifying
institution and did not transfer to a qualifying institution or an
institution of higher education in another state in the two semesters
or eight months immediately following the student's disenrollment.
For the purposes of this division, "good standing" includes
being in good academic standing and not having a record of
disciplinary issues, including being suspended or expelled from the
qualifying institution.

Qualifying
institutions that do not use a semester calendar shall use eight
months as the metric for determining a student's disenrollment
period.

(d)
Subject to division (A)(2)(c) of this section, the student enrolls in
a qualifying institution within five years of disenrolling from the
qualifying institution.

(e)
The student is not enrolled in the college credit plus program
established under Chapter 3365. of the Revised Code.

(f)
The student meets any other eligibility criteria determined necessary
by the chancellor.

(3)
"Qualifying institution" means any of the following:

(a)
A state institution of higher education, as defined in section
3345.011 of the Revised Code;

(b)
A private nonprofit institution of higher education that holds a
certificate of authorization pursuant to Chapter 1713. of the Revised
Code;

(c)
An institution with a certificate of registration from the state
board of career colleges and schools under Chapter 3332. of the
Revised Code;

(d)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in section 3333.046 of the Revised
Code;

(e)
An Ohio technical center, as defined in section 3333.94 of the
Revised Code.

(B)
The chancellor shall establish the second chance grant program. Under
the program, the chancellor shall award a one-time grant of not more
than three thousand dollars to each eligible student approved to
participate in the program.

(C)
Eligible students shall apply to participate in the program in a form
and manner prescribed by the chancellor. The chancellor shall approve
each applicant who is enrolled in a qualifying institution and who
has a cost of attendance remaining for the academic year in which the
application is approved after all other financial aid for which that
applicant qualifies has been applied to the applicant's account at
the institution. The chancellor shall approve applications in the
order in which they are received.

(D)
The chancellor shall pay grants to the qualifying institution in
which a participant is enrolled in the academic year in which the
participant's application is approved. The qualifying institution
shall apply the grant to a participant's cost of attendance for that
academic year. If any amount of the grant remains after it is applied
to the participant's cost of attendance for that year, the qualifying
institution shall apply that remaining amount to the participant's
cost of attendance for any other academic year in which the student
is enrolled in the institution. The qualifying institution shall
return to the chancellor any grant amount remaining after a
participant graduates or disenrolls from the institution.

(E)
In each academic year, the chancellor shall submit to the general
assembly, in accordance with section 101.68 of the Revised Code, a
report that contains all of the following:

(1)
The number of eligible students participating in the program who
received a grant in that academic year;

(2)
The qualifying institutions from which the participants disenrolled,
as described in division (A)(2)(c) of this section;

(3)
The types of academic programs in which the participants were
enrolled prior to disenrolling from qualifying institutions;

(4)
The types of academic programs in which participants were enrolled
when they received grants under the program;

(5)
Information regarding how the grants were used;

(6)
If the participant completed a degree program with the grant.

(F)
The second chance grant program fund is hereby created in the state
treasury, to consist of such amounts designated for the purposes of
the fund by the general assembly. The fund shall be administered by
the chancellor and shall be used to pay grants under the program
established under this section. The fund also may be used by the
chancellor to implement and administer the second chance grant
program.

(G)
The chancellor shall adopt rules to administer the program.

Sec.
3333.13.
As
used in sections 3333.13 to
3333.137

3333.136

of
the Revised Code, "employed as a service attorney" means
any of the following:

(A)
An attorney who works a minimum of thirty-five hours per week for a
minimum of forty-five weeks each service year and who is employed by
any of the following:

(1)
The state public defender;

(2)
The prosecuting attorney of a county;

(3)
A county public defender commission;

(4)
A joint county public defender commission to represent indigent
persons.

(B)
Counsel appointed by the court or selected by an indigent person
under division (E) of section 120.16 or division (E) of section
120.26 of the Revised Code, who works in an area designated as an
underserved community under section 3333.132 of the Revised Code for
a minimum of five hundred twenty hours each service year.

(C)
An attorney engaged in the private practice of law, who practices
civil law, and who works in an area designated as an underserved
community under section 3333.132 of the Revised Code for a minimum of
five hundred twenty hours each service year.

Sec.
3333.136.
The
chancellor of higher education may accept gifts of money from any
source for the implementation and administration of sections 3333.13
to
3333.137

3333.136

of
the Revised Code. The chancellor shall pay all gifts accepted under
this section into the state treasury to the credit of the underserved
community fund, which is hereby created.

The
chancellor shall pay all damages collected under division (B)(3) of
section 3333.135 of the Revised Code into the state treasury to the
credit of the rural practice incentive fund, which is hereby created.

The
chancellor shall use the underserved community fund and the rural
practice incentive fund for the implementation and administration of
sections 3333.13 to
3333.137

3333.136

of
the Revised Code.

Sec.
3333.168.
(A)
As used in this section:

(1)
"Community college" means a community college established
under Chapter 3354., a technical college established under Chapter
3357., or a state community college established under Chapter 3358.
of the Revised Code.

(2)
"Dual enrollment" means concurrent enrollment by an
individual at both a state university and a community college.

(3)
"Guaranteed pathway" means an articulation or transfer
agreement included in the initiative established under this section
that a state university and community college enter into in
accordance with the policies and procedures adopted under section
3333.16 of the Revised Code.

(4)
"Joint academic programming" means a structured pathway
curriculum agreement that permits an individual to attain a specific
degree that has been jointly developed by at least one community
college and at least one state university.

(5)
"State university" has the same meaning as in section
3345.011 of the Revised Code.

(B)
Pursuant to section 3333.16 of the Revised Code, the chancellor of
higher education shall establish the Ohio guaranteed transfer
pathways initiative. Each state university shall participate in the
initiative. Under the initiative, a student shall be permitted to do
both of the following:

(1)
Complete an associate's degree at a community college and transfer
those credits to a state university to continue making progress
toward a bachelor's degree;

(2)
Transfer credits from a community college to a state university,
regardless of the geographic proximity between the college and
university.

(C)
Each state university shall enter into agreements with multiple
community colleges to establish both joint academic programming and
dual enrollment opportunities to assist students in completing their
degrees in a timely and cost-effective manner.

(D)
Each community college and state university annually shall report to
the Ohio articulation and transfer network oversight board
established by the chancellor the number of guaranteed pathways and
joint academic programming or dual enrollment opportunities the
college or university offers. The oversight board shall compile that
reported information and provide a summary of it to the chancellor.
That summary shall include both of the following:

(1)
Confirmation that each community college and state university is in
compliance with the requirements prescribed under this section;

(2)
Any recommendations necessary to enhance and strengthen the
guaranteed pathways and joint academic programming or dual enrollment
opportunities offered by community colleges and state universities.

(E)
The chancellor shall adopt rules to implement this section.

Sec.
3333.28.
(A)
The chancellor of higher education shall establish the nurse
education assistance program, the purpose of which shall be to make
loans to students enrolled in prelicensure nurse education programs
at institutions approved by the board of nursing under section
4723.06 of the Revised Code and postlicensure nurse education
programs approved by the chancellor under section 3333.04 of the
Revised Code or offered by an institution holding a certificate of
authorization issued under Chapter 1713. of the Revised Code. The
board of nursing shall assist the chancellor in administering the
program.

(B)
There is hereby created in the state treasury the nurse education
assistance fund, which shall consist of all money transferred to it
pursuant to section 4743.05 of the Revised Code. The fund shall be
used by the chancellor for loans made under division (A) of this
section and for expenses of administering the loan program.

(C)
Between July 1, 2005, and January 1, 2012, the chancellor shall
distribute money in the nurse education assistance fund in the
following manner:

(1)(a)
Fifty per cent of available funds shall be awarded as loans to
registered nurses enrolled in postlicensure nurse education programs
described in division (A) of this section. To be eligible for a loan,
the applicant shall provide the chancellor with a letter of intent to
practice as a faculty member at a prelicensure or postlicensure
program for nursing in this state upon completion of the applicant's
academic program.

(b)
If the borrower of a loan under division (C)(1)(a) of this section
secures employment as a faculty member of an approved nursing
education program in this state within six months following
graduation from an approved nurse education program, the chancellor
may forgive the principal and interest of the student's loans
received under division (C)(1)(a) of this section at a rate of
twenty-five per cent per year, for a maximum of four years, for each
year in which the borrower is so employed. A deferment of the service
obligation, and other conditions regarding the forgiveness of loans
may be granted as provided by the rules adopted under division (D)(7)
of this section.

(c)
Loans awarded under division (C)(1)(a) of this section shall be
awarded on the basis of the student's expected family contribution,
with preference given to those applicants with the lowest expected
family contribution. However, the chancellor may consider other
factors the chancellor determines relevant in ranking the
applications.

(d)
Each loan awarded to a student under division (C)(1)(a) of this
section shall be not less than five thousand dollars per year.

(2)
Twenty-five per cent of available funds shall be awarded to students
enrolled in prelicensure nurse education programs for registered
nurses, as defined in section 4723.01 of the Revised Code.

(3)
Twenty-five per cent of available funds shall be awarded to students
enrolled in nurse education programs as determined by the chancellor,
with preference given to programs aimed at increasing enrollment in
an area of need.

After
January 1, 2012, the chancellor shall determine the manner in which
to distribute loans under this section.

(D)
Subject to the requirements specified in division (C) of this
section, the chancellor shall adopt rules in accordance with Chapter
119. of the Revised Code establishing:

(1)
Eligibility criteria for receipt of a loan;

(2)
Loan application procedures;

(3)
The amounts in which loans may be made and the total amount that may
be loaned to an individual;

(4)
The total amount of loans that can be made each year;

(5)
The percentage of the money in the fund that must remain in the fund
at all times as a fund balance;

(6)
Interest and principal repayment schedules;

(7)
Conditions under which a portion of principal and interest
obligations incurred by an individual under the program will be
forgiven;

(8)
Conditions under which all or a portion of the principal and interest
obligations incurred by an individual who is deployed on active duty
outside of the state or who is the spouse of a person deployed on
active duty outside of the state may be deferred or forgiven.

(9)
Ways that the program may be used to encourage individuals who are
members of minority groups to enter the nursing profession
;

(10)
Any other matters incidental to the operation of the program
.

(E)
The obligation to repay a portion of the principal and interest on a
loan made under this section shall be forgiven if the recipient of
the loan meets the criteria for forgiveness established by division
(C)(1)(b) of this section, in the case of loans awarded under
division (C)(1)(a) of this section, or by the chancellor under the
rule adopted under division (D)(7) of this section, in the case of
other loans awarded under this section.

(F)
The obligation to repay all or a portion of the principal and
interest on a loan made under this section may be deferred or
forgiven if the recipient of the loan meets the criteria for
deferment or forgiveness established by the chancellor under the rule
adopted under division (D)(8) of this section.

(G)
The receipt of a loan under this section shall not affect a student's
eligibility for assistance, or the amount of that assistance, granted
under section 3333.122, 3333.22, 3333.26, 5910.03, 5910.032, or
5919.34 of the Revised Code, but the rules of the chancellor may
provide for taking assistance received under those sections into
consideration when determining a student's eligibility for a loan
under this section.

(H)
As used in this section, "active duty" means active duty
pursuant to an executive order of the president of the United States,
an act of the congress of the United States, or section 5919.29 or
5923.21 of the Revised Code.

Sec.
3333.37.
As
used in sections 3333.37 to 3333.375 of the Revised Code, the
following words and terms have the following meanings unless the
context indicates a different meaning or intent:

(A)
"Cost of attendance" means all costs of a student incurred
in connection with a program of study at an eligible institution, as
determined by the institution, including tuition; instructional fees;
room and board; books, computers, and supplies; and other related
fees, charges, and expenses.

(B)
"Eligible institution" means one of the following:

(1)
A state-assisted post-secondary educational institution within the
state;

(2)
A nonprofit institution of higher education within the state that
holds a certificate of authorization issued under Chapter 1713. of
the Revised Code, that is accredited by the appropriate regional and,
when appropriate, professional accrediting associations within whose
jurisdiction it falls, is authorized to grant a bachelor's degree or
higher, and satisfies other conditions

as set forth in the policy guidelines
;

(3)
A private institution exempt from regulation under Chapter 3332. of
the Revised Code as prescribed in section 3333.046 of the Revised
Code.

(C)
"Eligible student" means either of the following:

(1)
An undergraduate student who meets all of the following:

(a)
Is a resident of this state;

(b)
Has graduated from any Ohio secondary school for which the director
of education and workforce prescribes minimum standards in accordance
with section 3301.07 of the Revised Code;

(c)
Is attending and in good standing, or has been accepted for
attendance, at any eligible institution as a full-time student to
pursue a bachelor's degree.

(2)
A graduate student who is a resident of this state, and is attending
and in good standing, or has been accepted for attendance, at any
eligible institution.

(D)
"Fellowship" or "fellowship program" means the
Ohio priority needs fellowship created by sections 3333.37 to
3333.375 of the Revised Code.

(E)
"Full-time student" has the meaning as defined by rule of
the chancellor of higher education.

(F)
"Ohio outstanding scholar" means a student who is the
recipient of a scholarship under sections 3333.37 to 3333.375 of the
Revised Code.

(G)

"Policy
guidelines" means the rules adopted by the chancellor pursuant
to section 3333.374 of the Revised Code.

(H)

"Priority
needs fellow" means a student who is the recipient of a
fellowship under sections 3333.37 to 3333.375 of the Revised Code.

(I)
(H)

"Priority needs field of study" means those academic majors
and disciplines as determined by the chancellor that support the
purposes and intent of sections 3333.37 to 3333.375 of the Revised
Code as described in section 3333.371 of the Revised Code.

(J)
(I)

"Scholarship" or "scholarship program" means the
Ohio outstanding scholarship created by sections 3333.37 to 3333.375
of the Revised Code.

Sec.
3333.391.
(A)
As used in this section and in section 3333.392 of the Revised Code:

(1)
"Academic year" shall be as defined by the chancellor of
higher education.

(2)
"Hard-to-staff school" and "hard-to-staff subject"
shall be as defined by the department of education and workforce.

(3)
"Parent" means the parent, guardian, or custodian of a
qualified student.

(4)
"Qualified service" means teaching at a qualifying school.

(5)
"Qualifying school" means a hard-to-staff school district
building or a school district building that has a persistently low
performance rating, as determined jointly by the chancellor and the
department of education and workforce, under section 3302.03 of the
Revised Code at the time the recipient becomes employed by the
district.

(B)
If the chancellor of higher education determines that sufficient
funds are available from general revenue fund appropriations made to
the department of higher education or to the chancellor, the
chancellor and the department of education and workforce jointly may
develop and agree on a plan for the Ohio teaching fellows program to
promote and encourage high school seniors to enter and remain in the
teaching profession. Upon agreement of such a plan, the chancellor
shall establish and administer the program in conjunction with the
department of education and workforce and with the cooperation of
teacher training institutions. Under the program, the chancellor
annually shall provide scholarships to students who commit to
teaching in a qualifying school for a minimum of four years upon
graduation from a teacher training program at a state institution of
higher education or an Ohio nonprofit institution of higher education
that has a certificate of authorization under Chapter 1713. of the
Revised Code. The scholarships shall be for up to four years at the
undergraduate level at an amount determined by the chancellor based
on state appropriations.

(C)
The chancellor shall adopt a competitive process for awarding
scholarships under the teaching fellows program, which shall include
minimum grade point average and scores on national standardized tests
for college admission. The process shall also give additional
consideration to all of the following:

(1)
A person who has participated in the program described in division
(A) of section 3333.39 of the Revised Code;

(2)
A person who plans to specialize in teaching students with special
needs;

(3)
A person who plans to teach in the disciplines of science,
technology, engineering, or mathematics.

The
chancellor shall require that all applicants to the teaching fellows
program shall file a statement of service status in compliance with
section 3345.32 of the Revised Code, if applicable, and that all
applicants have not been convicted of, plead guilty to, or
adjudicated a delinquent child for any violation listed in section
3333.38 of the Revised Code.

(D)
Teaching fellows shall complete the four-year teaching commitment
within not more than seven years after graduating from the teacher
training program. Failure to fulfill the commitment shall convert the
scholarship into a loan to be repaid under section 3333.392 of the
Revised Code.

(E)
The chancellor shall adopt rules in accordance with Chapter 119. of
the Revised Code to administer this section and section 3333.392 of
the Revised Code.

Sec.
3333.61.
The
chancellor of higher education shall establish and administer the
choose Ohio first scholarship program. Under the program, the
chancellor, subject to approval by the controlling board, shall make
awards to state universities or colleges for programs and initiatives
that recruit students and provide work-based learning opportunities
in the fields of science, including health professions, technology,
engineering, and mathematics to state universities or colleges, in
order to enhance regional educational and economic strengths and meet
the needs of the state's regional economies. Awards may be granted
for programs and initiatives to be implemented by a state university
or college alone or in collaboration with other state institutions of
higher education, nonpublic Ohio universities and colleges, or other
public or private Ohio entities. If the chancellor makes an award to
a program or initiative that is intended to be implemented by a state
university or college in collaboration with other state institutions
of higher education or nonpublic Ohio universities or colleges, the
chancellor may provide that some portion of the award be received
directly by the collaborating universities or colleges consistent
with all terms of the choose Ohio first scholarship program.

The
choose Ohio first scholarship program shall assign a number of
scholarships to state universities and colleges to recruit Ohio
residents as undergraduate or graduate students in the fields of
science, technology, engineering, and mathematics, or in science,
technology, engineering, or mathematics, education. The chancellor
also may assign a number of choose Ohio first scholarships to state
universities and colleges to recruit Ohio residents to enroll in
certificate programs in the fields of science, technology,
engineering, and mathematics. Choose Ohio first scholarships shall be
awarded to each participating eligible student as a grant to the
state university or college the student is attending and shall be
reflected on the student's tuition bill. Choose Ohio first
scholarships are student-centered grants from the state to students
to use to attend a university or college and are not grants from the
state to universities or colleges.

Notwithstanding
any other provision of this section or sections 3333.62 to 3333.69 of
the Revised Code, a nonpublic four-year Ohio institution of higher
education may submit a proposal for choose Ohio first scholarships.
If the chancellor awards a nonpublic institution scholarships, the
nonpublic institution shall comply with all requirements of this
section
,

and

sections
3333.62 to 3333.69 of the Revised Code
,
and the rules adopted under this section that apply to state
universities or colleges awarded choose Ohio first scholarships.

The
chancellor shall adopt rules in accordance with Chapter 119. of the
Revised Code to administer the program
.

Sec.
3333.70.
(A)
The chancellor of higher education shall establish and administer the
Ohio higher education innovation grant program to promote educational
excellence and economic efficiency throughout the state in order to
stabilize or reduce student tuition rates at institutions of higher
education. Under the program, the chancellor shall award grants to
state institutions of higher education, as defined in section
3345.011 of the Revised Code, and private nonprofit institutions for
innovative projects that incorporate academic achievement and
economic efficiencies. State institutions of higher education and
private nonprofit institutions may apply for grants and initiate
collaboration with other institutions of higher education, either
public or private, on such projects.

(B)
The chancellor shall adopt rules to
administer
the program including, but not limited to, requirements
require

that
each grant application provides for all of the following:

(1)
A system by which to measure academic achievement and reductions in
expenditures, both in funding and administration;

(2)
Demonstration of how the project will be sustained beyond the grant
period and continue to provide substantial value and lasting impact;

(3)
Proof of commitment from all parties responsible for the
implementation of the project;

(4)
Implementation of an ongoing evaluation process and improvement
plans, as necessary.

(C)
As used in this section, "private nonprofit institution"
means a nonprofit institution in this state that has a certificate of
authorization pursuant to Chapter 1713. of the Revised Code.

Sec.
3333.72.
The
chancellor of higher education shall establish and administer the
Ohio co-op/internship program to promote and encourage cooperative
education programs or internship programs at Ohio institutions of
higher education for the purpose of recruiting Ohio students to stay
in the state, and recruiting Ohio residents who left Ohio to attend
out-of-state institutions of higher education back to Ohio
institutions of higher education, to participate in high quality
academic programs that use cooperative education programs or
significant internship programs, in order to support the growth of
Ohio's businesses by providing businesses with Ohio's most talented
students and providing Ohio graduates with job opportunities with
Ohio's growing companies.

The
chancellor, subject to approval by the controlling board, shall make
awards to state institutions of higher education for new or existing
programs and initiatives meeting the goals of the Ohio
co-op/internship program. Awards may be granted for programs and
initiatives to be implemented by a state institution of higher
education alone or in collaboration with other state institutions of
higher education or nonpublic Ohio universities and colleges. If the
chancellor makes an award to a program or initiative that is intended
to be implemented by a state institution of higher education in
collaboration with other state institutions of higher education or
nonpublic Ohio universities or colleges, the chancellor may provide
that some portion of the award be received directly by the
collaborating universities or colleges consistent with all terms of
the Ohio co-op/internship program.

The
Ohio co-op/internship program shall support the creation and
maintenance of high quality academic programs that utilize an
intensive cooperative education or internship program for students at
state institutions of higher education, or assign a number of
scholarships to institutions to recruit Ohio residents as students in
a high quality academic program, or both. If scholarships are
included in an award to an institution of higher education, the
scholarships shall be awarded to each participating eligible student
as a grant to the state institution of higher education the student
is attending and shall be reflected on the student's tuition bill.

Notwithstanding
any other provision of this section or sections 3333.73 to 3333.79 of
the Revised Code, an Ohio four-year nonpublic university or college
may submit a proposal as lead applicant or co-lead applicant for an
award under the Ohio co-op/internship program if the proposal is to
be implemented in collaboration with a state institution of higher
education. If the chancellor grants a nonpublic university or college
an award, the nonpublic university or college shall comply with all
requirements of this section
,

and

sections
3333.73 to 3333.79 of the Revised Code
,
and the rules adopted under this section that apply to state
institutions of higher education that receive awards under the
program.

The
chancellor shall adopt rules in accordance with Chapter 119. of the
Revised Code to administer the Ohio co-op/internship program
.

Sec.
3333.88.
Nothing
in sections 3333.81 to
3333.87

3333.86

of
the Revised Code, or in rules implementing those sections, shall
prohibit a school district, community school, STEM school, or college
or university from offering an interactive distance learning course
or other distance learning course using a computer-based method
through any means other than the clearinghouse established and
maintained under those sections.

Sec.
3333.90.
(A)
The chancellor of higher education shall establish a course and
program sharing network that enables members of the university system
of Ohio and adult career centers to share curricula for existing
courses and academic programs with one another. The purpose of the
network shall be to increase course availability across the state and
to avoid unnecessary course duplication through the sharing of
existing curricula.

(B)

The
chancellor shall adopt rules to administer the course and program
sharing network established under this section.

(C)

As used in this section, "member of the university system of
Ohio" has the same meaning as in section 3345.011 of the Revised
Code.

Sec.
3345.024.
(A)
Beginning in the academic year that follows

the effective date of this section

July 21, 2022
,
each state institution of higher education, as defined in section
3345.011 of the Revised Code, annually shall prepare and post on its
publicly accessible web site a report that includes at least all of
the following information, to the extent practicable:

(1)
An itemized list of the estimated or actual charges of the
instructional fees, general fees, special purpose fees, service
charges, fines, and other fees or surcharges applicable to enrolled
students;

(2)
The estimated or actual average cost of attendance;

(3)
Student degree completion rates;

(4)
Post-graduation student debt rates;

(5)
Post-graduation student loan default rates;

(6)
Post-graduation employment rates of students.

(B)
Each state institution of higher education annually shall submit to
the chancellor of higher education, in a form and manner prescribed
by the chancellor, the report prescribed under division (A) of this
section. The chancellor shall post each report on the chancellor's
web site.

(C)
The chancellor may adopt rules to implement this section.

Sec.
3345.27.
(A)
Each state university or college shall permit any person who is sixty
years of age or older and who has resided in the state for at least
one year to attend its courses and classes without charging that
person a tuition or matriculation fee, provided the attendance is on
a noncredit basis, is in courses where classroom space is available,
and is approved by the instructors of the courses involved. The
university or college may require payment of special fees, including
any laboratory fees, if the fees are required of all students taking
a course. Each university or college shall issue rules for
determining the availability of classroom space and may issue
such
other rules as it considers necessary to implement this section,
including
rules
exempting from the requirements of this section courses or classes
for which special course or training prerequisites apply, in which
physical demands upon students are inappropriate for imposition upon
persons sixty years of age or older, or in which the number of
participating regular students is insufficient to cover the
university's or college's course-related expenses. A university or
college also may extend to persons attending its courses and classes
under this section any other student rights or privileges it
considers appropriate.

(B)
A state university or college may permit a person to attend its
courses and classes and to receive credit for a course taken under
the conditions set forth in division (A) of this section if that
person's family income is less than two hundred per cent of the
federal poverty guideline, as revised annually by the United States
secretary of health and human services in accordance with section 673
of the "Community Services Block Grant Act," 95 Stat. 511
(1981) 42 U.S.C.A. 9902, as amended, for a family size equal to the
size of the family of the person whose income is being determined.
However, a person receiving credit for attending courses or classes
under this division may be charged a tuition or matriculation fee in
an amount no greater than the amount of any part-time student
instructional grant awarded to that person by the state university or
college in its discretion.

(C)
For the purposes of this section, "state university or college"
means any of the following:

(1)
State universities referred to in section 3345.011 of the Revised
Code;

(2)
Community colleges created pursuant to Chapter 3354. of the Revised
Code;

(3)
University branches created pursuant to Chapter 3355. of the Revised
Code;

(4)
Technical colleges created pursuant to Chapter 3357. of the Revised
Code;

(5)
State community colleges created pursuant to Chapter 3358. of the
Revised Code;

(6)
Municipal educational institutions serving as affiliated units
pursuant to section 3349.31 of the Revised Code.

Sec.
3345.28.
The
board of trustees of any state university, medical university,
technical college, state community college, community college, or the
board of trustees or managing authority of any university branch may
establish and administer a faculty improvement program, under which
any full-time faculty member with at least seven academic years of
teaching service at the college, university, or branch may be granted
professional leave for a period not to exceed one academic year to
engage in further education, research, or any other purpose approved
by the board. A board of trustees or managing authority that
establishes such a program shall, by rule, adopt a definition of
"academic years of teaching service" and of "full-time
faculty member."

No
such board or authority shall pay any faculty member for or during a
period of professional leave any salary exceeding the amount that
would have been paid to such faculty member for performing the
faculty member's regular duties during the period of the leave. No
faculty member shall, by virtue of being on professional leave,
suffer a reduction or termination of the faculty member's regular
employee retirement or insurance benefits or of any other benefit or
privilege being received as a faculty member at the college,
university, or branch where the faculty member is employed. Whenever
such a benefit would be reduced because of a reduction in the faculty
member's salary during the period of professional leave, the faculty
member shall be given a chance to have the benefit increased to its
normal level, in accordance with rules adopted by the board of
trustees or the managing authority. A faculty member who has been
granted professional leave shall complete another seven years of
service at the college, university, or branch at which the faculty
member is employed before becoming eligible for another grant of
professional leave at that college, university, or branch.
Professional leave taken as part of a faculty improvement program
established under this section shall not be deemed to be in lieu of
released time or assigned duty in connection with a specific
research, scholarly, or creative program.

Boards
of trustees and managing authorities may accept moneys from any
person, political subdivision, or the federal government to support a
faculty improvement program
,
and may establish such additional rules as are necessary to establish
and administer it
.

Each
grant of professional leave shall be in accordance with a
professional improvement policy for professional leaves that has been
approved by the board of trustees or the managing authority. No
professional leave shall be granted that requires a compensating
addition to the permanent faculty or staff of the college,
university, or branch. No professional leave shall be approved unless
a specific plan for the professional improvement of the faculty
member while on leave has been submitted to and accepted by the
president of the university, college, or branch. At the completion of
the leave, the faculty member shall submit to the president a report
detailing the attainments of the faculty member under this
professional improvement plan.

Sec.
3345.31.
The
boards of trustees of a state university, the board of trustees of
the northeast Ohio medical university, the board of trustees of a
technical college or community college district, and the board of
control of the Ohio agricultural research and development center may
establish compensation plans, including schedules of hourly rates,
for the compensation of all employees

and may establish rules or policies for the administration of their
respective compensation plans
.

The
provisions of this section do not apply to employees for whom the
state employment relations board establishes appropriate bargaining
units pursuant to section 4117.06 of the Revised Code.

Sec.
3345.351.
(A)
As used in this section, "state university" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
Beginning two years after the
effective
date of this section
March
2, 2021
,
and every two years thereafter, each state university shall review
the university's student records to identify any student to whom all
of the following apply:

(1)
The student disenrolled from the state university within the five
years immediately prior to the first review under this section. For
each subsequent review under this section, the student disenrolled
within two years immediately prior to that review.

(2)
The student has been disenrolled for four or more semesters,
including summer sessions.

(3)
The student did not complete a bachelor's degree.

(4)
The student has a grade point average of 2.0 or higher on a 4.0
scale.

(5)
The student completed at least forty-five credit hours.

(C)
Each state university shall determine if each student identified in
the review is eligible or close to being eligible for an associate
degree from that university. If a student identified in the review is
determined to be eligible or close to being eligible for an associate
degree, the state university shall inform the student of such
potential eligibility using the most recent contact information the
university has on file.

(D)
Each state university shall report the findings of each review
conducted under this section to the chancellor of higher education.

(E)
The chancellor shall adopt rules as necessary to implement this
section.

Sec.
3345.481.
(A)
As used in this section:

(1)
"Eligible student" means an undergraduate student enrolled
in a bachelor's degree program at a state institution of higher
education.

(2)
"Final two academic years" means the last two academic
years of full-time study that a bachelor's degree program is
typically designed to require, as determined by the chancellor of
higher education.

(3)
"Requisite course" means a course that is necessary to
complete an eligible student's bachelor's degree program, but that is
not a general elective.

(4)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

(B)
The board of trustees of a state institution of higher education
shall provide an eligible student with an accommodation prescribed
under division (C) of this section if that student was unable to
register for a requisite course in one of the student's final two
academic years and all of the following apply:

(1)
The eligible student has not completed the requisite course prior to
that academic year.

(2)
The eligible student was enrolled full time, as defined by the
chancellor, in that academic year.

(3)
The eligible student was unable to register for the requisite course
in that academic year because of either of the following:

(a)
The course was not offered by the state institution of higher
education.

(b)
Circumstances beyond the eligible student's control made registration
for the course unfeasible, as determined by the chancellor.

(4)
The eligible student successfully paid all general and instructional
fees and did not receive a refund for the courses for which the
student registered in that academic year at the start of that year.

(5)
The eligible student did not enroll in the maximum amount of credit
hours in that academic year, as determined by the state institution
of higher education.

(C)
A board of trustees shall offer an eligible student described in
division (B) of this section one of the following accommodations:

(1)
The board of trustees shall waive the eligible student's general and
instructional fees for the requisite course if the student
successfully registers for that course in the next academic year in
which the course is offered. However, a waiver of fees shall not
grant an eligible student guaranteed or priority registration for
that course.

(2)
The board of trustees shall reimburse the eligible student for any
general and instructional fees the student paid in order to register
for a course equivalent to the requisite course that is offered by an
institution of higher education with a similar accreditation. To
qualify for a reimbursement, the student must have registered for the
equivalent course in the academic year in which the student was
unable to register for the requisite course.

(3)
The board of trustees shall permit the eligible student to complete
an independent study that meets specified guidelines in lieu of the
requisite course in order to meet the requirements of the student's
bachelor's degree program.

(D)
The chancellor shall establish rules to implement this section.

Sec.
3345.57.
(A)
As used in this section, "state institution of higher education"
has the same meaning as in section 3345.011 of the Revised Code.

(B)
A state institution of higher education may establish a program under
which an employee of the institution may donate that employee's
accrued but unused paid leave to another employee of the institution
who has no accrued but unused paid leave and who has a critical need
for it because of circumstances such as a serious illness or the
serious illness of a member of the employee's immediate family. If a
state institution of higher education establishes a leave donation
program under this section, the institution shall adopt rules in
accordance with section 111.15 of the Revised Code to
provide
for the administration of the program. These rules shall include, but
not be limited to, provisions that
identify
the circumstances under which leave may be donated and that specify
the amount, types, and value of leave that may be donated.

Sec.
3349.03.
The
board of directors of a municipal university, college, or other
educational institution, as to all matters not otherwise provided by
law, has all the authority, power, and control vested in or belonging
to such municipal corporation as to the sale, lease, management, and
control of the estate, property, and funds, given, transferred,
covenanted, or pledged to such municipal corporation for the trusts
and purposes relating thereto and the government, conduct, and
control of such institution. The board may, unless prohibited by the
terms of the trust under which such estate or property is held, sell,
or lease perpetually or for any less period and with or without a
privilege of purchase at a fixed price, any part or the whole of any
such estate or property, and on sale, or on an election to purchase
under a lease containing a privilege to purchase, may convey or
transfer such estate or property. If any lease with a privilege of
purchase at a fixed price has previously been executed and delivered
by the board, or any board preceding it in office, for any part or
the whole of any such estate or property, such board shall, on an
election to purchase under the lease, convey such premises.

All
instruments affecting real estate shall be executed on behalf of the
board by such of its officers as it designates by resolution,
authorizing the execution of such instrument, and all deeds so
executed shall convey all the title of the board and of such
municipal corporation in and to the real estate so conveyed.

The
board may:

(A)
Appoint a clerk and all agents proper and necessary for the care and
administration of the trust property and the collection of the
income, rents, and profits thereof;

(B)
Appoint the president, secretaries, professors, tutors, instructors,
agents, and servants, necessary and proper for such institution and
fix their compensation;

(C)
Provide all the necessary buildings, books, apparatus, means, and
appliances;

(D)
Pass such bylaws
,
rules, and regulations

concerning the president, secretaries, professors, tutors,
instructors, agents, and servants, and the admission, government, and
tuition of students as are wise and proper;

(E)
Delegate and commit the admission, government, management, and
control of the students, courses of studies, discipline, and other
internal affairs of such institution, by suitable bylaws, to a
faculty which the board appoints from among the professors.

Sec.
3352.07.
The
board of trustees of Wright
State
University
state
university
,
in cooperation with Central
State
University
state
university
,
shall create, organize, and provide for and maintain a
College
college

of
Professional
Psychology
professional
psychology
.
The board, in cooperation with the board of trustees of Central
State
University
state
university
,
may negotiate for and receive conveyances and transfers of real and
personal property for use by the college and may make and enter into
all contracts and agreements necessary or incidental to the college's
operation. The board of trustees of Wright
State
University
state
university

may grant the degree of doctor of psychology after approval by the
board of regents
processes,
prescribe rules for the effective operation of the program,
and
exercise such other powers as are
necesary
necessary

for the efficient
managment
management

of the college.

The
general assembly shall support the
College
college

of
Professional
Psychology
professional
psychology

of Wright
State
University
state
university

by such sums and in such manner as it may provide, but the college
may accept funds from other sources.

Sec.
3365.034.
(A)
Notwithstanding anything to the contrary in the Revised Code, a
student who is eligible to participate in the college credit plus
program under section 3365.03 or 3365.033 of the Revised Code may
participate in the program during the summer term of a public or
participating private college or an eligible out-of-state college
participating in the program.

Unless
otherwise specified, if a student participates in the college credit
plus program under this section, all requirements of the program
shall apply.

(B)(1)
In order for a public secondary school student to participate under
this section, the student shall meet the criteria in division (A)(1)
of section 3365.03 of the Revised Code, except that the student or
the student's parent shall inform the principal, or equivalent, of
the student's school by the date designated by rule of the chancellor
of higher education, pursuant to division (E) of this section, of the
student's intent to participate in the program during the summer
term.

(2)
In order for a nonpublic secondary school student, a nonchartered
nonpublic secondary school student, or a home-educated student to
participate under this section, the student shall meet the applicable
criteria in division (A)(2) of section 3365.03 of the Revised Code,
except that the parent or guardian of a nonchartered nonpublic
secondary school student or a home-educated student shall notify the
department of education and workforce by the date designated by rule
of the chancellor of higher education, pursuant to division (E) of
this section, of the student's intent to participate in the program
during the summer term.

(C)
If a participant under this section elects to have the college
reimbursed under section 3365.07 of the Revised Code for courses
taken under the program, the department shall reimburse the college
in the same manner as for students who participate during the school
year in accordance with that section, except that the department
shall make the applicable payments each September, or as soon as
possible thereafter.

(D)
Notwithstanding section 3327.01 of the Revised Code, the participant
or the participant's parent or guardian shall be responsible for any
transportation related to participation in the program during the
summer term.

(E)
The chancellor of higher education, in accordance with Chapter 119.
of the Revised Code and in consultation with the department of
education and workforce, shall adopt rules
for
the administration of this section. The rules shall include

prescribing

the
dates by which the student or student's parent must provide
notification of the student's intent to participate in the program
during the summer term.

Sec.
3375.01.
A
state library board is hereby created to be composed of five members
to be appointed by the director of education and workforce. One
member shall be appointed each year for a term of five years. No one
is eligible to membership on the state library board who is or has
been for a year previous to appointment a member of the state board
of education. A member of the state library board shall not during
the member's term of office be a member of the board of library
trustees for any library in any subdivision in the state. Before
entering on official duties, each member shall subscribe to the
official oath of office. All vacancies on the state library board
shall be filled by the director by appointment for the unexpired
term. The members shall receive no compensation, but shall be paid
their actual and necessary expenses incurred in the performance of
their duties or in the conduct of authorized board business, within
or without the state.

At
its regular meeting next prior to the beginning of each fiscal
biennium, the state library board shall elect a president and
vice-president each of whom shall serve for two years or until a
successor is elected and qualified.

The
state library board is responsible for the state library of Ohio and
a statewide program of development and coordination of library
services, and its powers include the following:

(A)
Maintain the state library, holding custody of books, periodicals,
pamphlets, films, recordings, papers, and other materials and
equipment. The board may purchase or procure from an insurance
company licensed to do business in this state policies of insurance
insuring the members of the board and the officers, employees, and
agents of the state library against liability on account of damage or
injury to persons or property resulting from any act or omission of
the board members, officers, employees, and agents of the state
library in their official capacity.

(B)
Accept, receive, administer, and expend, in accordance with the terms
thereof, any moneys, materials, or other aid granted, appropriated,
or made available to it for library purposes, by the United States,
or any of its agencies, or by any other source, public or private;

(C)
Administer such funds as the general assembly may make available to
it for the improvement of public library services, interlibrary
cooperation, or for other library purposes;

(D)
Contract with other agencies, organizations, libraries, library
schools, boards of education, universities, public and private,
within or without the state, for library services, facilities,
research, or any allied or related purpose;

(E)
In accordance with Chapter 119. of the Revised Code, approve,
disapprove, or modify resolutions for establishment of county
district libraries, and approve, disapprove, or modify resolutions to
determine the boundaries of such districts, along county lines or
otherwise, and approve, disapprove, or modify resolutions to redefine
boundaries, along county lines or otherwise, where questions
subsequently arise as a result of school district consolidations;

(F)
Upon consolidation of two or more school districts and in accordance
with Chapter 119. of the Revised Code, define and adjust the
boundaries of the new public library district resulting from such
consolidation and resolve any disputes or questions pertaining to the
boundaries, organization, and operation of the new library district;

(G)
Upon application of one or more boards of library trustees and in
accordance with Chapter 119. of the Revised Code, define, amend, and
adjust the boundaries of the library districts making such
application and the boundaries of adjacent library districts;

(H)
Upon application of one or more boards of library trustees, or upon
the state library board's own initiative, and in accordance with
Chapter 119. of the Revised Code, define, amend, and adjust the
boundaries of overlapping library districts to eliminate areas of
overlap;

(I)
Upon application of any private corporation or library association
maintaining a free public library prior to September 4, 1947, and in
accordance with Chapter 119. of the Revised Code, define, amend, and
adjust the boundaries of a library district for the private
corporation or library association for the sole purpose of preventing
or eliminating areas of overlap with other library districts in
relation to tax levies described in sections 5705.19, 5705.191, and
5705.21 of the Revised Code that are or may be levied in support of
the private corporation or library association;

(J)
Certify its actions relating to boundaries authorized in this
section, to boards of election, taxing authorities, the boards of
trustees of libraries affected, and other appropriate bodies;

(K)
Encourage and assist the efforts of libraries and local governments
to develop mutual and cooperative solutions to library service
problems;

(L)
Recommend to the governor and to the general assembly such changes in
the law as will strengthen and improve library services and
operations;

(M)

In
accordance with Chapter 119. of the Revised Code, adopt such rules as
are necessary for the carrying out of any function imposed on it by
law, and provide such rules as are necessary for its government and
the government of its employees. The board may delegate
Delegate

to
the state librarian the management and administration of any function
imposed on it by law.

Sec.
3375.04.
The
state library shall be under the control and management of the state
library board.
The
board shall make and publish such rules and regulations for the
operation and management of the library and for the use and location
of the books and other property thereof as it deems necessary.
The
board may establish such divisions and departments within the library
as it deems necessary, and shall determine the number of the
employees therein.

Sec.
3379.04.
The
Ohio arts council may:

(A)
Within the limits of available funds, employ and fix the compensation
of a staff director and such other personnel as will facilitate the
work of the council. The staff director shall serve at the pleasure
of the council, and other employees shall serve at the pleasure of
the director.

(B)
Establish and appoint members to advisory committees to advise and
assist it in the performance of its functions, and it may, within the
limits of available funds, contract with such consultants as may
facilitate its work.

(C)

Adopt
such rules as are necessary for administration of Chapter 3379. of
the Revised Code.

(D)

Award
and administer grants to carry out the purposes of this chapter.

Sec.
3517.10.
(A)
Except as otherwise provided in this division, every campaign
committee, political action committee, legislative campaign fund,
political party, and political contributing entity that made or
received a contribution or made an expenditure in connection with the
nomination or election of any candidate or in connection with any
ballot issue or question at any election held or to be held in this
state shall file, on a form prescribed under this section or by
electronic means of transmission as provided in this section and
section 3517.106 of the Revised Code, a full, true, and itemized
statement, made under penalty of election falsification, setting
forth in detail the contributions and expenditures, not later than
four p.m. of the following dates:

(1)
The twelfth day before the election to reflect contributions received
and expenditures made from the close of business on the last day
reflected in the last previously filed statement, if any, to the
close of business on the twentieth day before the election;

(2)
The thirty-eighth day after the election to reflect the contributions
received and expenditures made from the close of business on the last
day reflected in the last previously filed statement, if any, to the
close of business on the seventh day before the filing of the
statement;

(3)
The last business day of January of every year to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of
December of the previous year;

(4)
The last business day of July of every year to reflect the
contributions received and expenditures made from the close of
business on the last day reflected in the last previously filed
statement, if any, to the close of business on the last day of June
of that year.

A
campaign committee shall only be required to file the statements
prescribed under divisions (A)(1) and (2) of this section in
connection with the nomination or election of the committee's
candidate.

The
statement required under division (A)(1) of this section shall not be
required of any campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity that has received contributions of less than one thousand
dollars and has made expenditures of less than one thousand dollars
at the close of business on the twentieth day before the election.
Those contributions and expenditures shall be reported in the
statement required under division (A)(2) of this section.

If
an election to select candidates to appear on the general election
ballot is held within sixty days before a general election, the
campaign committee of a successful candidate in the earlier election
may file the statement required by division (A)(1) of this section
for the general election instead of the statement required by
division (A)(2) of this section for the earlier election if the
pregeneral election statement reflects the status of contributions
and expenditures for the period twenty days before the earlier
election to twenty days before the general election.

If
a person becomes a candidate less than twenty days before an
election, the candidate's campaign committee is not required to file
the statement required by division (A)(1) of this section.

No
statement under division (A)(3) of this section shall be required for
any year in which a campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity is required to file a postgeneral election statement under
division (A)(2) of this section. However, a statement under division
(A)(3) of this section may be filed, at the option of the campaign
committee, political action committee, legislative campaign fund,
political party, or political contributing entity.

No
campaign committee of a candidate for the office of chief justice or
justice of the supreme court, and no campaign committee of a
candidate for the office of judge of any court in this state, shall
be required to file a statement under division (A)(4) of this
section.

Except
as otherwise provided in this paragraph and in the next paragraph of
this section, the only campaign committees required to file a
statement under division (A)(4) of this section are the campaign
committee of a statewide candidate and the campaign committee of a
candidate for county office. The campaign committee of a candidate
for any other nonjudicial office is required to file a statement
under division (A)(4) of this section if that campaign committee
receives, during that period, contributions exceeding ten thousand
dollars.

No
statement under division (A)(4) of this section shall be required of
a campaign committee, a political action committee, a legislative
campaign fund, a political party, or a political contributing entity
for any year in which the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity is required to file a postprimary election
statement under division (A)(2) of this section. However, a statement
under division (A)(4) of this section may be filed at the option of
the campaign committee, political action committee, legislative
campaign fund, political party, or political contributing entity.

No
statement under division (A)(3) or (4) of this section shall be
required if the campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity has no contributions that it has received and no expenditures
that it has made since the last date reflected in its last previously
filed statement. However, the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity shall file a statement to that effect, on a form
prescribed under this section and made under penalty of election
falsification, on the date required in division (A)(3) or (4) of this
section, as applicable.

The
campaign committee of a statewide candidate shall file a monthly
statement of contributions received during each of the months of
July, August, and September in the year of the general election in
which the candidate seeks office. The campaign committee of a
statewide candidate shall file the monthly statement not later than
three business days after the last day of the month covered by the
statement. During the period beginning on the nineteenth day before
the general election in which a statewide candidate seeks election to
office and extending through the day of that general election, each
time the campaign committee of the joint candidates for the offices
of governor and lieutenant governor or of a candidate for the office
of secretary of state, auditor of state, treasurer of state, or
attorney general receives a contribution from a contributor that
causes the aggregate amount of contributions received from that
contributor during that period to equal or exceed ten thousand
dollars and each time the campaign committee of a candidate for the
office of chief justice or justice of the supreme court receives a
contribution from a contributor that causes the aggregate amount of
contributions received from that contributor during that period to
exceed ten thousand dollars, the campaign committee shall file a
two-business-day statement reflecting that contribution.
Contributions reported on a two-business-day statement required to be
filed by a campaign committee of a statewide candidate in a primary
election shall also be included in the postprimary election statement
required to be filed by that campaign committee under division (A)(2)
of this section. A two-business-day statement required by this
paragraph shall be filed not later than two business days after
receipt of the contribution. The statements required by this
paragraph shall be filed in addition to any other statements required
by this section.

Subject
to the secretary of state having implemented, tested, and verified
the successful operation of any system the secretary of state
prescribes pursuant to divisions (C)(6)(b) and (D)(6) of this section
and division (F)(1) of section 3517.106 of the Revised Code for the
filing of campaign finance statements by electronic means of
transmission, a campaign committee of a statewide candidate shall
file a two-business-day statement under the preceding paragraph by
electronic means of transmission if the campaign committee is
required to file a pre-election, postelection, or monthly statement
of contributions and expenditures by electronic means of transmission
under this section or section 3517.106 of the Revised Code.

If
a campaign committee or political action committee has no balance on
hand and no outstanding obligations and desires to terminate itself,
it shall file a statement to that effect, on a form prescribed under
this section and made under penalty of election falsification, with
the official with whom it files a statement under division (A) of
this section after filing a final statement of contributions and a
final statement of expenditures, if contributions have been received
or expenditures made since the period reflected in its last
previously filed statement.

(B)
Except as otherwise provided in division (C)(7) of this section, each
statement required by division (A) of this section shall contain the
following information:

(1)
The full name and address of each campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity, including any treasurer of the
committee, fund, party, or entity, filing a contribution and
expenditure statement;

(2)(a)
In the case of a campaign committee, the candidate's full name and
address;

(b)
In the case of a political action committee, the registration number
assigned to the committee under division (D)(1) of this section.

(3)
The date of the election and whether it was or will be a general,
primary, or special election;

(4)
A statement of contributions received, which shall include the
following information:

(a)
The month, day, and year of the contribution;

(b)(i)
The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity from whom contributions are received
and the registration number assigned to the political action
committee under division (D)(1) of this section. The requirement of
filing the full address does not apply to any statement filed by a
state or local committee of a political party, to a finance committee
of such committee, or to a committee recognized by a state or local
committee as its fund-raising auxiliary. Notwithstanding division (F)
of this section, the requirement of filing the full address shall be
considered as being met if the address filed is the same address the
contributor provided under division (E)(1) of this section.

(ii)
If a political action committee, political contributing entity,
legislative campaign fund, or political party that is required to
file campaign finance statements by electronic means of transmission
under section 3517.106 of the Revised Code or a campaign committee of
a statewide candidate or candidate for the office of member of the
general assembly receives a contribution from an individual that
exceeds one hundred dollars, the name of the individual's current
employer, if any, or, if the individual is self-employed, the
individual's occupation and the name of the individual's business, if
any;

(iii)
If a campaign committee of a statewide candidate or candidate for the
office of member of the general assembly receives a contribution
transmitted pursuant to section 3599.031 of the Revised Code from
amounts deducted from the wages and salaries of two or more employees
that exceeds in the aggregate one hundred dollars during any one
filing period under division (A)(1), (2), (3), or (4) of this
section, the full name of the employees' employer and the full name
of the labor organization of which the employees are members, if any.

(c)
A description of the contribution received, if other than money;

(d)
The value in dollars and cents of the contribution;

(e)
A separately itemized account of all contributions and expenditures
regardless of the amount, except a receipt of a contribution from a
person in the sum of twenty-five dollars or less at one social or
fund-raising activity and a receipt of a contribution transmitted
pursuant to section 3599.031 of the Revised Code from amounts
deducted from the wages and salaries of employees if the contribution
from the amount deducted from the wages and salary of any one
employee is twenty-five dollars or less aggregated in a calendar
year. An account of the total contributions from each social or
fund-raising activity shall include a description of and the value of
each in-kind contribution received at that activity from any person
who made one or more such contributions whose aggregate value
exceeded two hundred fifty dollars and shall be listed separately,
together with the expenses incurred and paid in connection with that
activity. A campaign committee, political action committee,
legislative campaign fund, political party, or political contributing
entity shall keep records of contributions from each person in the
amount of twenty-five dollars or less at one social or fund-raising
activity and contributions from amounts deducted under section
3599.031 of the Revised Code from the wages and salary of each
employee in the amount of twenty-five dollars or less aggregated in a
calendar year. No continuing association that is recognized by a
state or local committee of a political party as an auxiliary of the
party and that makes a contribution from funds derived solely from
regular dues paid by members of the auxiliary shall be required to
list the name or address of any members who paid those dues.

Contributions
that are other income shall be itemized separately from all other
contributions. The information required under division (B)(4) of this
section shall be provided for all other income itemized. As used in
this paragraph, "other income" means a loan, investment
income, or interest income.

(f)
In the case of a campaign committee of a state elected officer, if a
person doing business with the state elected officer in the officer's
official capacity makes a contribution to the campaign committee of
that officer, the information required under division (B)(4) of this
section in regard to that contribution, which shall be filed together
with and considered a part of the committee's statement of
contributions as required under division (A) of this section but
shall be filed on a separate form provided by the secretary of state.
As used in this division:

(i)
"State elected officer" has the same meaning as in section
3517.092 of the Revised Code.

(ii)
"Person doing business" means a person or an officer of an
entity who enters into one or more contracts with a state elected
officer or anyone authorized to enter into contracts on behalf of
that officer to receive payments for goods or services, if the
payments total, in the aggregate, more than five thousand dollars
during a calendar year.

(5)
A statement of expenditures which shall include the following
information:

(a)
The month, day, and year of the expenditure;

(b)
The full name and address of each person, political party, campaign
committee, legislative campaign fund, political action committee, or
political contributing entity to whom the expenditure was made and
the registration number assigned to the political action committee
under division (D)(1) of this section;

(c)
The object or purpose for which the expenditure was made;

(d)
The amount of each expenditure.

(C)(1)
The statement of contributions and expenditures shall be signed by
the person completing the form. If a statement of contributions and
expenditures is filed by electronic means of transmission pursuant to
this section or section 3517.106 of the Revised Code, the electronic
signature of the person who executes the statement and transmits the
statement by electronic means of transmission, as provided in
division (F) of section 3517.106 of the Revised Code, shall be
attached to or associated with the statement and shall be binding on
all persons and for all purposes under the campaign finance reporting
law as if the signature had been handwritten in ink on a printed
form.

(2)
The person filing the statement, under penalty of election
falsification, shall include with it a list of each anonymous
contribution, the circumstances under which it was received, and the
reason it cannot be attributed to a specific donor.

(3)
Each statement of a campaign committee of a candidate who holds
public office shall contain a designation of each contributor who is
an employee in any unit or department under the candidate's direct
supervision and control. In a space provided in the statement, the
person filing the statement shall affirm that each such contribution
was voluntarily made.

(4)
A campaign committee that did not receive contributions or make
expenditures in connection with the nomination or election of its
candidate shall file a statement to that effect, on a form prescribed
under this section and made under penalty of election falsification,
on the date required in division (A)(2) of this section.

(5)
The campaign committee of any person who attempts to become a
candidate and who, for any reason, does not become certified in
accordance with Title XXXV of the Revised Code for placement on the
official ballot of a primary, general, or special election to be held
in this state, and who, at any time prior to or after an election,
receives contributions or makes expenditures, or has given consent
for another to receive contributions or make expenditures, for the
purpose of bringing about the person's nomination or election to
public office, shall file the statement or statements prescribed by
this section and a termination statement, if applicable. Division
(C)(5) of this section does not apply to any person with respect to
an election to the offices of member of a county or state central
committee, presidential elector, or delegate to a national convention
or conference of a political party.

(6)(a)
The statements required to be filed under this section shall specify
the balance in the hands of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity and the disposition intended to be made of that
balance.

(b)
The secretary of state shall prescribe the form for all statements
required to be filed under this section and shall furnish the forms
to the boards of elections in the several counties. The boards of
elections shall supply printed copies of those forms without charge.
The secretary of state shall prescribe the appropriate methodology,
protocol, and data file structure for statements required or
permitted to be filed by electronic means of transmission to the
secretary of state or a board of elections under division (A) of this
section, division (E) of section 3517.106, division (D) of section
3517.1011, division (B) of section 3517.1012, division (C) of section
3517.1013, and divisions (D) and (I) of section 3517.1014 of the
Revised Code. Subject to division (A) of this section, division (E)
of section 3517.106, division (D) of section 3517.1011, division (B)
of section 3517.1012, division (C) of section 3517.1013, and
divisions (D) and (I) of section 3517.1014 of the Revised Code, the
statements required to be stored on computer by the secretary of
state under division (B) of section 3517.106 of the Revised Code
shall be filed in whatever format the secretary of state considers
necessary to enable the secretary of state to store the information
contained in the statements on computer. Any such format shall be of
a type and nature that is readily available to whoever is required to
file the statements in that format.

(c)
The secretary of state shall assess the need for training regarding
the filing of campaign finance statements by electronic means of
transmission and regarding associated technologies for candidates,
campaign committees, political action committees, legislative
campaign funds, political parties, or political contributing
entities, for individuals, partnerships, or other entities, for
persons making disbursements to pay the direct costs of producing or
airing electioneering communications, or for treasurers of transition
funds, required or permitted to file statements by electronic means
of transmission under this section or section 3517.105, 3517.106,
3517.1011, 3517.1012, 3517.1013, or 3517.1014 of the Revised Code.
If, in the opinion of the secretary of state, training in these areas
is necessary, the secretary of state shall arrange for the provision
of voluntary training programs for candidates, campaign committees,
political action committees, legislative campaign funds, political
parties, or political contributing entities, for individuals,
partnerships, and other entities, for persons making disbursements to
pay the direct costs of producing or airing electioneering
communications, or for treasurers of transition funds, as
appropriate.

(7)
Each monthly statement and each two-business-day statement required
by division (A) of this section shall contain the information
required by divisions (B)(1) to (4), (C)(2), and, if appropriate,
(C)(3) of this section. Each statement shall be signed as required by
division (C)(1) of this section.

(D)(1)(a)
Prior to receiving a contribution or making an expenditure, every
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity shall appoint
a treasurer and shall file, on a form prescribed by the secretary of
state, a designation of that appointment, including the full name and
address of the treasurer and of the campaign committee, political
action committee, legislative campaign fund, political party, or
political contributing entity. That designation shall be filed with
the official with whom the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity is required to file statements under section
3517.11 of the Revised Code. The name of a campaign committee shall
include at least the last name of the campaign committee's candidate.
If two or more candidates are the beneficiaries of a single campaign
committee under division (B) of section 3517.081 of the Revised Code,
the name of the campaign committee shall include at least the last
name of each candidate who is a beneficiary of that campaign
committee. The secretary of state shall assign a registration number
to each political action committee that files a designation of the
appointment of a treasurer under this division if the political
action committee is required by division (A)(1) of section 3517.11 of
the Revised Code to file the statements prescribed by this section
with the secretary of state.

(b)
The secretary of state shall not accept for filing a designation of
treasurer of a political action committee or political contributing
entity if, in the opinion of the secretary of state, the name of the
political action committee or political contributing entity would
lead a reasonable person to believe that the political action
committee or political contributing entity acts on behalf of or
represents a county political party, unless the designation is
accompanied by a written statement, signed by the chairperson of the
county political party's executive committee, granting the political
action committee or political contributing entity permission to act
on behalf of or represent the county political party.

(2)
The treasurer appointed under division (D)(1) of this section shall
keep a strict account of all contributions, from whom received and
the purpose for which they were disbursed.

(3)(a)
Except as otherwise provided in section 3517.108 of the Revised Code,
a campaign committee shall deposit all monetary contributions
received by the committee into an account separate from a personal or
business account of the candidate or campaign committee.

(b)
A political action committee shall deposit all monetary contributions
received by the committee into an account separate from all other
funds.

(c)
A state or county political party may establish a state candidate
fund that is separate from all other funds. A state or county
political party may deposit into its state candidate fund any amounts
of monetary contributions that are made to or accepted by the
political party subject to the applicable limitations, if any,
prescribed in section 3517.102 of the Revised Code. A state or county
political party shall deposit all other monetary contributions
received by the party into one or more accounts that are separate
from its state candidate fund.

(d)
Each state political party shall have only one legislative campaign
fund for each house of the general assembly. Each such fund shall be
separate from any other funds or accounts of that state party. A
legislative campaign fund is authorized to receive contributions and
make expenditures for the primary purpose of furthering the election
of candidates who are members of that political party to the house of
the general assembly with which that legislative campaign fund is
associated. Each legislative campaign fund shall be administered and
controlled in a manner designated by the caucus. As used in this
division, "caucus" has the same meaning as in section
3517.01 of the Revised Code and includes, as an ex officio member,
the chairperson of the state political party with which the caucus is
associated or that chairperson's designee.

(4)
Every expenditure in excess of twenty-five dollars shall be vouched
for by a receipted bill, stating the purpose of the expenditure, that
shall be filed with the statement of expenditures. A canceled check
with a notation of the purpose of the expenditure is a receipted bill
for purposes of division (D)(4) of this section.

(5)
The secretary of state or the board of elections, as the case may be,
shall issue a receipt for each statement filed under this section and
shall preserve a copy of the receipt for a period of at least six
years. All statements filed under this section shall be open to
public inspection in the office where they are filed and shall be
carefully preserved for a period of at least six years after the year
in which they are filed.

(6)
The secretary of state, by rule adopted pursuant to
section
3517.23
Chapter
119.
of
the Revised Code, shall prescribe both of the following:

(a)
The manner of immediately acknowledging, with date and time received,
and preserving the receipt of statements that are transmitted by
electronic means of transmission to the secretary of state or a board
of elections pursuant to this section or section 3517.106, 3517.1011,
3517.1012, 3517.1013, or 3517.1014 of the Revised Code;

(b)
The manner of preserving the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in the
statements described in division (D)(6)(a) of this section. The
secretary of state shall preserve the contribution and expenditure,
contribution and disbursement, deposit and disbursement, gift and
disbursement, or donation and disbursement information in those
statements for at least ten years after the year in which they are
filed by electronic means of transmission.

(7)(a)
The secretary of state, pursuant to division (G) of section 3517.106
of the Revised Code, shall make available online to the public
through the internet the contribution and expenditure, contribution
and disbursement, deposit and disbursement, gift and disbursement, or
donation and disbursement information in all of the following
documents:

(i)
All statements, all addenda, amendments, or other corrections to
statements, and all amended statements filed with the secretary of
state by electronic or other means of transmission under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1011, 3517.1012, 3517.1013, 3517.1014, or
3517.11 of the Revised Code;

(ii)
All statements filed with a board of elections by electronic means of
transmission, and all addenda, amendments, corrections, and amended
versions of those statements, filed with the board under this
section, division (B)(2)(b) or (C)(2)(b) of section 3517.105, or
section 3517.106, 3517.1012, or 3517.11 of the Revised Code.

(b)
The secretary of state may remove the information from the internet
after a reasonable period of time.

(E)(1)
Any person, political party, campaign committee, legislative campaign
fund, political action committee, or political contributing entity
that makes a contribution in connection with the nomination or
election of any candidate or in connection with any ballot issue or
question at any election held or to be held in this state shall
provide its full name and address to the recipient of the
contribution at the time the contribution is made. The political
action committee also shall provide the registration number assigned
to the committee under division (D)(1) of this section to the
recipient of the contribution at the time the contribution is made.

(2)
Any individual who makes a contribution that exceeds one hundred
dollars to a political action committee, political contributing
entity, legislative campaign fund, or political party or to a
campaign committee of a statewide candidate or candidate for the
office of member of the general assembly shall provide the name of
the individual's current employer, if any, or, if the individual is
self-employed, the individual's occupation and the name of the
individual's business, if any, to the recipient of the contribution
at the time the contribution is made. Sections 3599.39 and 3599.40 of
the Revised Code do not apply to division (E)(2) of this section.

(3)
If a campaign committee shows that it has exercised its best efforts
to obtain, maintain, and submit the information required under
divisions (B)(4)(b)(ii) and (iii) of this section, that committee is
considered to have met the requirements of those divisions. A
campaign committee shall not be considered to have exercised its best
efforts unless, in connection with written solicitations, it
regularly includes a written request for the information required
under division (B)(4)(b)(ii) of this section from the contributor or
the information required under division (B)(4)(b)(iii) of this
section from whoever transmits the contribution.

(4)
Any check that a political action committee uses to make a
contribution or an expenditure shall contain the full name and
address of the committee and the registration number assigned to the
committee under division (D)(1) of this section.

(F)
As used in this section:

(1)(a)
Except as otherwise provided in division (F)(1) of this section,
"address" means all of the following if they exist:
apartment number, street, road, or highway name and number, rural
delivery route number, city or village, state, and zip code as used
in a person's post-office address, but not post-office box.

(b)
Except as otherwise provided in division (F)(1) of this section, if
an address is required in this section, a post-office box and office,
room, or suite number may be included in addition to, but not in lieu
of, an apartment, street, road, or highway name and number.

(c)
If an address is required in this section, a campaign committee,
political action committee, legislative campaign fund, political
party, or political contributing entity may use the business or
residence address of its treasurer or deputy treasurer. The
post-office box number of the campaign committee, political action
committee, legislative campaign fund, political party, or political
contributing entity may be used in addition to that address.

(d)
For the sole purpose of a campaign committee's reporting of
contributions on a statement of contributions received under division
(B)(4) of this section, "address" has one of the following
meanings at the option of the campaign committee:

(i)
The same meaning as in division (F)(1)(a) of this section;

(ii)
All of the following, if they exist: the contributor's post-office
box number and city or village, state, and zip code as used in the
contributor's post-office address.

(e)
As used with regard to the reporting under this section of any
expenditure, "address" means all of the following if they
exist: apartment number, street, road, or highway name and number,
rural delivery route number, city or village, state, and zip code as
used in a person's post-office address, or post-office box. If an
address concerning any expenditure is required in this section, a
campaign committee, political action committee, legislative campaign
fund, political party, or political contributing entity may use the
business or residence address of its treasurer or deputy treasurer or
its post-office box number.

(2)
"Statewide candidate" means the joint candidates for the
offices of governor and lieutenant governor or a candidate for the
office of secretary of state, auditor of state, treasurer of state,
attorney general, chief justice of the supreme court, or justice of
the supreme court.

(3)
"Candidate for county office" means a candidate for the
office of county auditor, county treasurer, clerk of the court of
common pleas, judge of the court of common pleas, sheriff, county
recorder, county engineer, county commissioner, prosecuting attorney,
or coroner.

(G)
An independent expenditure shall be reported whenever and in the same
manner that an expenditure is required to be reported under this
section and shall be reported pursuant to division (B)(2)(a) or
(C)(2)(a) of section 3517.105 of the Revised Code.

(H)(1)
Except as otherwise provided in division (H)(2) of this section, if,
during the combined pre-election and postelection reporting periods
for an election, a campaign committee has received contributions of
five hundred dollars or less and has made expenditures in the total
amount of five hundred dollars or less, it may file a statement to
that effect, under penalty of election falsification, in lieu of the
statement required by division (A)(2) of this section. The statement
shall indicate the total amount of contributions received and the
total amount of expenditures made during those combined reporting
periods.

(2)
In the case of a successful candidate at a primary election, if
either the total contributions received by or the total expenditures
made by the candidate's campaign committee during the preprimary,
postprimary, pregeneral, and postgeneral election periods combined
equal more than five hundred dollars, the campaign committee may file
the statement under division (H)(1) of this section only for the
primary election. The first statement that the campaign committee
files in regard to the general election shall reflect all
contributions received and all expenditures made during the
preprimary and postprimary election periods.

(3)
Divisions (H)(1) and (2) of this section do not apply if a campaign
committee receives contributions or makes expenditures prior to the
first day of January of the year of the election at which the
candidate seeks nomination or election to office or if the campaign
committee does not file a termination statement with its postprimary
election statement in the case of an unsuccessful primary election
candidate or with its postgeneral election statement in the case of
other candidates.

(I)
In the case of a contribution made by a partner of a partnership or
an owner or a member of another unincorporated business from any
funds of the partnership or other unincorporated business, all of the
following apply:

(1)
The recipient of the contribution shall report the contribution by
listing both the partnership or other unincorporated business and the
name of the partner, owner, or member making the contribution.

(2)
In reporting the contribution, the recipient of the contribution
shall be entitled to conclusively rely upon the information provided
by the partnership or other unincorporated business, provided that
the information includes one of the following:

(a)
The name of each partner, owner, or member as of the date of the
contribution or contributions, and a statement that the total
contributions are to be allocated equally among all of the partners,
owners, or members; or

(b)
The name of each partner, owner, or member as of the date of the
contribution or contributions who is participating in the
contribution or contributions, and a statement that the contribution
or contributions are to be allocated to those individuals in
accordance with the information provided by the partnership or other
unincorporated business to the recipient of the contribution.

(3)
For purposes of section 3517.102 of the Revised Code, the
contribution shall be considered to have been made by the partner,
owner, or member reported under division (I)(1) of this section.

(4)
No contribution from a partner of a partnership or an owner or a
member of another unincorporated business shall be accepted from any
funds of the partnership or other unincorporated business unless the
recipient reports the contribution under division (I)(1) of this
section together with the information provided under division (I)(2)
of this section.

(5)
No partnership or other unincorporated business shall make a
contribution or contributions solely in the name of the partnership
or other unincorporated business.

(6)
As used in division (I) of this section, "partnership or other
unincorporated business" includes, but is not limited to, a
cooperative, a sole proprietorship, a general partnership, a limited
partnership, a limited partnership association, a limited liability
partnership, and a limited liability company.

(J)
A candidate shall have only one campaign committee at any given time
for all of the offices for which the person is a candidate or holds
office.

(K)(1)
In addition to filing a designation of appointment of a treasurer
under division (D)(1) of this section, the campaign committee of any
candidate for an elected municipal office that pays an annual amount
of compensation of five thousand dollars or less, the campaign
committee of any candidate for member of a board of education or the
campaign committee of any candidate for township trustee or township
fiscal officer may sign, under penalty of election falsification, a
certificate attesting that the committee will not accept
contributions during an election period that exceed in the aggregate
two thousand dollars from all contributors and one hundred dollars
from any one individual, and that the campaign committee will not
make expenditures during an election period that exceed in the
aggregate two thousand dollars.

The
certificate shall be on a form prescribed by the secretary of state
and shall be filed not later than ten days after the candidate files
a declaration of candidacy and petition, a nominating petition, or a
declaration of intent to be a write-in candidate.

(2)
Except as otherwise provided in division (K)(3) of this section, a
campaign committee that files a certificate under division (K)(1) of
this section is not required to file the statements required by
division (A) of this section.

(3)
If, after filing a certificate under division (K)(1) of this section,
a campaign committee exceeds any of the limitations described in that
division during an election period, the certificate is void and
thereafter the campaign committee shall file the statements required
by division (A) of this section. If the campaign committee has not
previously filed a statement, then on the first statement the
campaign committee is required to file under division (A) of this
section after the committee's certificate is void, the committee
shall report all contributions received and expenditures made from
the time the candidate filed the candidate's declaration of candidacy
and petition, nominating petition, or declaration of intent to be a
write-in candidate.

(4)
As used in division (K) of this section, "election period"
means the period of time beginning on the day a person files a
declaration of candidacy and petition, nominating petition, or
declaration of intent to be a write-in candidate through the day of
the election at which the person seeks nomination to office if the
person is not elected to office, or, if the candidate was nominated
in a primary election, the day of the election at which the candidate
seeks office.

(L)
A political contributing entity that receives contributions from the
dues, membership fees, or other assessments of its members or from
its officers, shareholders, and employees may report the aggregate
amount of contributions received from those contributors and the
number of individuals making those contributions, for each filing
period under divisions (A)(1), (2), (3), and (4) of this section,
rather than reporting information as required under division (B)(4)
of this section, including, when applicable, the name of the current
employer, if any, of a contributor whose contribution exceeds one
hundred dollars or, if such a contributor is self-employed, the
contributor's occupation and the name of the contributor's business,
if any. Division (B)(4) of this section applies to a political
contributing entity with regard to contributions it receives from all
other contributors.

Sec.
3517.106.
(A)
As used in this section:

(1)
"Statewide office" means any of the offices of governor,
lieutenant governor, secretary of state, auditor of state, treasurer
of state, attorney general, chief justice of the supreme court, and
justice of the supreme court.

(2)
"Addendum to a statement" includes an amendment or other
correction to that statement.

(B)
The secretary of state shall store all of the following information
on computer:

(1)
The information contained in statements of contributions and
expenditures and monthly statements required to be filed under
section 3517.10 of the Revised Code and in statements of independent
expenditures required to be filed under section 3517.105 of the
Revised Code with the secretary of state and the information
transmitted to the secretary of state by boards of elections under
division (E)(2) of this section;

(2)
The information contained in disclosure of electioneering
communications statements required to be filed under section
3517.1011 of the Revised Code;

(3)
The information contained in deposit and disbursement statements
required to be filed with the office of the secretary of state under
section 3517.1012 of the Revised Code;

(4)
The gift and disbursement information contained in statements
required to be filed with the office of the secretary of state under
section 3517.1013 of the Revised Code;

(5)
The information contained in donation and disbursement statements
required to be filed with the office of the secretary of state under
section 3517.1014 of the Revised Code.

(C)(1)
The secretary of state shall make available to the campaign
committees, political action committees, political contributing
entities, legislative campaign funds, political parties, individuals,
partnerships, corporations, labor organizations, treasurers of
transition funds, and other entities that are permitted or required
to file statements by electronic means of transmission, and to
members of the news media and other interested persons, for a
reasonable fee, computer programs that are compatible with the
secretary of state's method of storing the information contained in
the statements.

(2)
The secretary of state shall make the information required to be
stored under division (B) of this section available on computer at
the secretary of state's office so that, to the maximum extent
feasible, individuals may obtain at the secretary of state's office
any part or all of that information for any given year, subject to
the limitation expressed in division (D) of this section.

(D)
The secretary of state shall keep the information stored on computer
under division (B) of this section for at least six years.

(E)(1)
Subject to division (J) of this section and subject to the secretary
of state having implemented, tested, and verified the successful
operation of any system the secretary of state prescribes pursuant to
division (F)(1) of this section and divisions (C)(6)(b) and (D)(6) of
section 3517.10 of the Revised Code for the filing of campaign
finance statements by electronic means of transmission, each of the
following entities shall be permitted or required to file statements
by electronic means of transmission, as applicable:

(a)
The campaign committee of each candidate for statewide office may
file the statements prescribed by section 3517.10 of the Revised Code
by electronic means of transmission or, if the total amount of the
contributions received or the total amount of the expenditures made
by the campaign committee for the applicable reporting period as
specified in division (A) of section 3517.10 of the Revised Code
exceeds ten thousand dollars, shall file those statements by
electronic means of transmission.

(b)
A campaign committee of a candidate for the office of member of the
general assembly or a campaign committee of a candidate for the
office of judge of a court of appeals may file the statements
prescribed by section 3517.10 of the Revised Code in accordance with
division (A)(2) of section 3517.11 of the Revised Code or by
electronic means of transmission to the office of the secretary of
state or, if the total amount of the contributions received by the
campaign committee for the applicable reporting period as specified
in division (A) of section 3517.10 of the Revised Code exceeds ten
thousand dollars, shall file those statements by electronic means of
transmission to the office of the secretary of state.

(c)
A campaign committee of a candidate for an office other than a
statewide office, the office of member of the general assembly, or
the office of judge of a court of appeals may file the statements
prescribed by section 3517.10 of the Revised Code by electronic means
of transmission to the secretary of state or the board of elections,
as applicable.

(d)
A political action committee and a political contributing entity
described in division (A)(1) of section 3517.11 of the Revised Code,
a legislative campaign fund, and a state political party may file the
statements prescribed by section 3517.10 of the Revised Code by
electronic means of transmission to the office of the secretary of
state or, if the total amount of the contributions received or the
total amount of the expenditures made by the political action
committee, political contributing entity, legislative campaign fund,
or state political party for the applicable reporting period as
specified in division (A) of section 3517.10 of the Revised Code
exceeds ten thousand dollars, shall file those statements by
electronic means of transmission.

(e)
A county political party shall file the statements prescribed by
section 3517.10 of the Revised Code with respect to its state
candidate fund by electronic means of transmission to the office of
the secretary of state.

(f)
A county political party may file all other statements prescribed by
section 3517.10 of the Revised Code by electronic means of
transmission to the board of elections.

(g)
A political action committee or political contributing entity
described in division (A)(3) of section 3517.11 of the Revised Code
may file the statements prescribed by section 3517.10 of the Revised
Code by electronic means of transmission to the board of elections.

(h)
Any individual, partnership, or other entity that makes independent
expenditures in support of or opposition to a statewide candidate or
a statewide ballot issue or question as provided in division
(B)(2)(b) or (C)(2)(b) of section 3517.105 of the Revised Code may
file the statement specified in that division by electronic means of
transmission to the office of the secretary of state or, if the total
amount of independent expenditures made during the reporting period
under that division exceeds ten thousand dollars, shall file the
statement specified in that division by electronic means of
transmission.

(i)
Any individual, partnership, or other entity that makes independent
expenditures in support of or opposition to a candidate or ballot
issue other than a statewide candidate or a statewide ballot issue as
provided in division (B)(2)(b) or (C)(2)(b) of section 3517.105 of
the Revised Code may file the statement specified in that division by
electronic means of transmission to the board of elections.

(2)
A board of elections that receives a statement by electronic means of
transmission shall transmit that statement to the secretary of state
within five business days after receiving the statement. If the board
receives an addendum or an amended statement from an entity that
filed a statement with the board by electronic means of transmission,
the board shall transmit the addendum or amended statement to the
secretary of state not later than the close of business on the day
the board received the addendum or amended statement.

(3)(a)
Except as otherwise provided in division (E)(3)(b) of this section,
within five business days after a statement filed under division
(E)(1) of this section is received by the secretary of state by
electronic or other means of transmission, the secretary of state
shall make available online to the public through the internet, as
provided in division (G) of this section, the contribution and
expenditure information in that statement.

(b)
The secretary of state shall not make available online to the public
through the internet any contribution or expenditure information
contained in a statement for any candidate until the secretary of
state is able to make available online to the public through the
internet the contribution and expenditure information for all
candidates for a particular office, or until the applicable filing
deadline for that statement has passed, whichever is sooner. As soon
as the secretary of state has available all of the contribution and
expenditure information for all candidates for a particular office,
or as soon as the applicable filing deadline for a statement has
passed, whichever is sooner, the secretary of state shall
simultaneously make available online to the public through the
internet the information for all candidates for that office.

(4)(a)
If a statement filed by electronic means of transmission is found to
be incomplete or inaccurate after the examination of the statement
for completeness and accuracy pursuant to division (B)(3)(a) of
section 3517.11 of the Revised Code, the entity that filed the
statement shall file by electronic means of transmission any addendum
to the statement that provides the information necessary to complete
or correct the statement or, if required under that division, an
amended statement.

(b)
Within five business days after the secretary of state receives an
addendum to the statement or an amended statement by electronic or
other means of transmission, the secretary of state shall make the
contribution and expenditure information in the addendum or amended
statement available online to the public through the internet as
provided in division (G) of this section.

(5)
If a campaign committee for the office of member of the general
assembly or a campaign committee of a candidate for the office of
judge of a court of appeals files a statement, addendum, or amended
statement by printed version only with the appropriate board of
elections, the campaign committee shall file two copies of the
printed version of the statement, addendum, or amended statement with
the board of elections. The board of elections shall send one of
those copies by certified mail or an electronic copy to the secretary
of state before the close of business on the day the board of
elections receives the statement, addendum, or amended statement.

(F)(1)
The secretary of state, by rule adopted pursuant to
section
3517.23
Chapter
119.
of
the Revised Code, shall prescribe one or more techniques by which a
person who executes and transmits to the secretary of state or a
board of elections by electronic means a statement of contributions
and expenditures, a statement of independent expenditures, a
disclosure of electioneering communications statement, a deposit and
disbursement statement, a gift and disbursement statement, or a
donation and disbursement statement, an addendum to any of those
statements, an amended statement of contributions and expenditures,
an amended statement of independent expenditures, an amended
disclosure of electioneering communications statement, an amended
deposit and disbursement statement, an amended gift and disbursement
statement, or an amended donation and disbursement statement, under
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,
3517.1013, or 3517.1014 of the Revised Code shall electronically sign
the statement, addendum, or amended statement. Any technique
prescribed by the secretary of state pursuant to this division shall
create an electronic signature that satisfies all of the following:

(a)
It is unique to the signer.

(b)
It objectively identifies the signer.

(c)
It involves the use of a signature device or other means or method
that is under the sole control of the signer and that cannot be
readily duplicated or compromised.

(d)
It is created and linked to the electronic record to which it relates
in a manner that, if the record or signature is intentionally or
unintentionally changed after signing, the electronic signature is
invalidated.

(2)
An electronic signature prescribed by the secretary of state under
division (F)(1) of this section shall be attached to or associated
with the statement of contributions and expenditures, the statement
of independent expenditures, the disclosure of electioneering
communications statement, the deposit and disbursement statement, the
gift and disbursement statement, or the donation and disbursement
statement, the addendum to any of those statements, the amended
statement of contributions and expenditures, the amended statement of
independent expenditures, the amended disclosure of electioneering
communications statement, the amended deposit and disbursement
statement, the amended gift and disbursement statement, or the
amended donation and disbursement statement that is executed and
transmitted by electronic means by the person to whom the electronic
signature is attributed. The electronic signature that is attached to
or associated with the statement, addendum, or amended statement
under this division shall be binding on all persons and for all
purposes under the campaign finance reporting law as if the signature
had been handwritten in ink on a printed form.

(G)
The secretary of state shall make all of the following information
available online to the public by any means that are searchable,
viewable, and accessible through the internet:

(1)
The contribution and expenditure, the contribution and disbursement,
the deposit and disbursement, the gift and disbursement, or the
donation and disbursement information in all statements, all addenda
to the statements, and all amended statements that are filed with the
secretary of state by electronic or other means of transmission under
this section or section 3517.10, 3517.105, 3517.1011, 3517.1012,
3517.1013, 3517.1014, or 3517.11 of the Revised Code;

(2)
The contribution and expenditure or the deposit and disbursement
information in all statements that are filed with a board of
elections by electronic means of transmission, and in all addenda to
those statements and all amended versions of those statements, under
this section or section 3517.10, 3517.105, 3517.1012, or 3517.11 of
the Revised Code.

(H)(1)
As used in this division, "library" means a library that is
open to the public and that is one of the following:

(a)
A library that is maintained and regulated under section 715.13 of
the Revised Code;

(b)
A library that is created, maintained, and regulated under Chapter
3375. of the Revised Code.

(2)
The secretary of state shall notify all libraries of the location on
the internet at which the contribution and expenditure, contribution
and disbursement, deposit and disbursement, gift and disbursement, or
donation and disbursement information in campaign finance statements
required to be made available online to the public through the
internet pursuant to division (G) of this section may be accessed.

If
that location is part of the world wide web and if the secretary of
state has notified a library of that world wide web location as
required by this division, the library shall include a link to that
world wide web location on each internet-connected computer it
maintains that is accessible to the public.

(3)
If the system the secretary of state prescribes for the filing of
campaign finance statements by electronic means of transmission
pursuant to division (F)(1) of this section and divisions (C)(6)(b)
and (D)(6) of section 3517.10 of the Revised Code includes filing
those statements through the internet via the world wide web, the
secretary of state shall notify all libraries of the world wide web
location at which those statements may be filed.

If
those statements may be filed through the internet via the world wide
web and if the secretary of state has notified a library of that
world wide web location as required by this division, the library
shall include a link to that world wide web location on each
internet-connected computer it maintains that is accessible to the
public.

(I)
It is an affirmative defense to a complaint or charge brought against
any campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
any individual, partnership, or other entity, any person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or any treasurer of a transition fund,
for the failure to file by electronic means of transmission a
campaign finance statement as required by this section or section
3517.10, 3517.105, 3517.1011, 3517.1012, 3517.1013, or 3517.1014 of
the Revised Code that all of the following apply to the campaign
committee, political action committee, political contributing entity,
legislative campaign fund, or political party, the individual,
partnership, or other entity, the person making disbursements to pay
the direct costs of producing or airing electioneering
communications, or the treasurer of a transition fund that failed to
so file:

(1)
The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
the individual, partnership, or other entity, the person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or the treasurer of a transition fund
attempted to file by electronic means of transmission the required
statement prior to the deadline set forth in the applicable section.

(2)
The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
the individual, partnership, or other entity, the person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or the treasurer of a transition fund
was unable to file by electronic means of transmission due to an
expected or unexpected shutdown of the whole or part of the
electronic campaign finance statement-filing system, such as for
maintenance or because of hardware, software, or network connection
failure.

(3)
The campaign committee, political action committee, political
contributing entity, legislative campaign fund, or political party,
the individual, partnership, or other entity, the person making
disbursements to pay the direct costs of producing or airing
electioneering communications, or the treasurer of a transition fund
filed by electronic means of transmission the required statement
within a reasonable period of time after being unable to so file it
under the circumstance described in division (I)(2) of this section.

(J)(1)
The secretary of state shall adopt rules pursuant to Chapter 119. of
the Revised Code to permit a campaign committee of a candidate for
statewide office that makes expenditures of less than twenty-five
thousand dollars during the filing period or a campaign committee for
the office of member of the general assembly or the office of judge
of a court of appeals that would otherwise be required to file
campaign finance statements by electronic means of transmission under
division (E) of this section to file those statements by paper with
the office of the secretary of state. Those rules shall provide for
all of the following:

(a)
An eligible campaign committee that wishes to file a campaign finance
statement by paper instead of by electronic means of transmission
shall file the statement on paper with the office of the secretary of
state not sooner than twenty-four hours after the end of the filing
period set forth in section 3517.10 of the Revised Code that is
covered by the applicable statement.

(b)
The statement shall be accompanied by a fee, the amount of which the
secretary of state shall determine by rule. The amount of the fee
established under this division shall not exceed the data entry and
data verification costs the secretary of state will incur to convert
the information on the statement to an electronic format as required
under division (G) of this section.

(c)
The secretary of state shall arrange for the information in campaign
finance statements filed pursuant to division (J) of this section to
be made available online to the public through the internet in the
same manner, and at the same times, as information is made available
under divisions (E) and (G) of this section for candidates whose
campaign committees file those statements by electronic means of
transmission.

(d)
The candidate of an eligible campaign committee that intends to file
a campaign finance statement pursuant to division (J) of this section
shall file a notice indicating that the candidate's campaign
committee intends to so file and stating that filing the statement by
electronic means of transmission would constitute a hardship for the
candidate or for the eligible campaign committee.

(e)
An eligible campaign committee that files a campaign finance
statement on paper pursuant to division (J) of this section shall
review the contribution and information made available online by the
secretary of state with respect to that paper filing and shall notify
the secretary of state of any errors with respect to that filing that
appear in the data made available on that web site.

(f)
If an eligible campaign committee whose candidate has filed a notice
in accordance with rules adopted under division (J)(1)(d) of this
section subsequently fails to file that statement on paper by the
applicable deadline established in rules adopted under division
(J)(1)(a) of this section, penalties for the late filing of the
campaign finance statement shall apply to that campaign committee for
each day after that paper filing deadline, as if the campaign
committee had filed the statement after the applicable deadline set
forth in division (A) of section 3517.10 of the Revised Code.

(2)
The process for permitting campaign committees that would otherwise
be required to file campaign finance statements by electronic means
of transmission to file those statements on paper with the office of
the secretary of state that is required to be developed under
division (J)(1) of this section shall be in effect and available for
use by eligible campaign committees for all campaign finance
statements that are required to be filed on or after June 30, 2005.
Notwithstanding any provision of the Revised Code to the contrary, if
the process the secretary of state is required to develop under
division (L)(1) of this section is not in effect and available for
use on and after June 30, 2005, all penalties for the failure of
campaign committees to file campaign finance statements by electronic
means of transmission shall be suspended until such time as that
process is in effect and available for use.

(3)
Notwithstanding any provision of the Revised Code to the contrary,
any eligible campaign committee that files campaign finance
statements on paper with the office of the secretary of state
pursuant to division (J)(1) of this section shall be deemed to have
filed those campaign finance statements by electronic means of
transmission to the office of the secretary of state.

Sec.
3517.23.
The
secretary of state
shall
adopt rules in accordance with Chapter 119. of the Revised Code that
are necessary for the administration and enforcement of sections
3517.08 to 3517.13, 3517.20 to 3517.22, 3599.03, and 3599.031 of the
Revised Code and
shall
provide each candidate, political action committee, political
contributing entity, legislative campaign fund, political party, and
person making disbursements to pay the direct costs of producing or
airing electioneering communications with written instructions and
explanations in order to ensure compliance with sections 3517.08 to
3517.13, 3517.20 to 3517.22, 3599.03, and 3599.031 of the Revised
Code.

Sec.
3701.021.
(A)
The director of health shall adopt, in accordance with Chapter 119.
of the Revised Code,
such
rules as are necessary to carry out sections 3701.021 to 3701.0210 of
the Revised Code, including, but not limited to,
rules
to establish the following:

(1)
Subject to division (D) of this section, medical and financial
eligibility requirements for the program for children and youth with
special health care needs;

(2)
Subject to division (C) of this section, eligibility requirements for
providers who provide goods and services for the program for children
and youth with special health care needs;

(3)
Procedures to be followed by the department of health in
disqualifying providers for violating requirements adopted under
division (A)(2) of this section;

(4)
Procedures to be used by the department regarding application for
diagnostic services under division (B) of section 3701.023 of the
Revised Code and payment for those services under division (E) of
that section;

(5)
Standards for the provision of service coordination by the department
of health and city and general health districts;

(6)
Procedures for the department to use to determine the amount to be
paid annually by each county for services for children and youth with
special health care needs and to allow counties to retain funds under
divisions (A)(2) and (3) of section 3701.024 of the Revised Code;

(7)
Financial eligibility requirements for services for Ohio residents
twenty-one years of age or older who have cystic fibrosis;

(8)
Criteria for payment of approved providers who provide goods and
services for children and youth with special health care needs;

(9)
Criteria for the department to use in determining whether the payment
of health insurance premiums of participants in the program for
children and youth with special health care needs is cost-effective;

(10)
Procedures for appeal of denials of applications under divisions (A)
and (D) of section 3701.023 of the Revised Code, disqualification of
providers, and amounts paid for services;

(11)
Terms of appointment for members of the children and youth with
special health care needs medical advisory council created in section
3701.025 of the Revised Code;

(12)
Eligibility requirements for the hemophilia program, including income
and hardship requirements;

(13)
If a manufacturer discount program is established under division
(J)(1) of section 3701.023 of the Revised Code, procedures for
administering the program, including criteria and other requirements
for participation in the program by manufacturers of drugs and
nutritional formulas.

(B)
The department of health shall develop a manual of operational
procedures and guidelines for the program for children and youth with
special health care needs to implement sections 3701.021 to 3701.0210
of the Revised Code.

(C)
A medicaid provider, as defined in section 5164.01 of the Revised
Code, is eligible to be a provider of the same goods and services for
the program for children and youth with special health care needs
that the provider is approved to provide for the medicaid program and
the director shall approve such a provider for participation in the
program for children and youth with special health care needs.

(D)
In establishing medical and financial eligibility requirements for
the program for children and youth with special health care needs,
the director of health shall not specify an age restriction that
excludes from eligibility an individual who is less than twenty-six
years of age.

Sec.
3701.132.
(A)
As used in this section, "WIC program" means the "special
supplemental nutrition program for women, infants, and children"
established under the "Child Nutrition Act of 1966," 80
Stat. 885, 42 U.S.C. 1786, as amended.

(B)
The department of health is hereby designated as the state agency to
administer the WIC program.

The
director of health shall adopt rules pursuant to Chapter 119. of the
Revised Code as necessary for administering the WIC program. The
rules may include civil money penalties for violations of the rules.

(C)
In determining eligibility for services provided under the WIC
program, the department may use the application form established
under section 5163.40 of the Revised Code for the healthy start
program. The department may require applicants to furnish their
social security numbers.

(D)
If the department determines that a vendor has committed an act with
respect to the WIC program that federal statutes or regulations or
state statutes or rules prohibit, the department shall take action
against the vendor in the manner required by 7 C.F.R. part 246,
including imposition of a civil money penalty in accordance with 7
C.F.R. 246.12, or rules adopted under this section.

Sec.
3701.136.
(A)
The director of health may establish a school-based fluoride mouth
rinse program. If the director establishes the program, divisions (B)
to (E) of this section are applicable.

(B)
The director shall conduct a program to educate employees of the
department of health and dental hygienists licensed under Chapter
4715. of the Revised Code on how to train employees of, and
volunteers for, public and nonpublic schools regarding the proper
means of administering fluoride mouth rinse to students.

(C)
Schools that participate in the school-based fluoride mouth rinse
program shall require that their employees and volunteers who intend
to administer fluoride mouth rinse to students receive training, by
either of the following, on the proper means of administering
fluoride mouth rinse to students:

(1)
An employee of the department of health or a dental hygienist who has
been trained through the program the director conducts pursuant to
division (B) of this section;

(2)
A school employee or volunteer who has been trained by an individual
described in division (C)(1) of this section.

(D)(1)
The director shall prescribe a form that the parent, guardian, or
other person having care or charge of a student enrolled in a public
or nonpublic school that participates in the school-based fluoride
mouth rinse program may use to consent to the administration of
fluoride mouth rinse to the student for the duration of the student's
enrollment in that school. School employees or volunteers shall not
administer fluoride mouth rinse to a student unless the consent form
from the student's parent, guardian, or other person has been
received.

(2)
The consent form shall include all of the following:

(a)
A space designated for the student's name and address;

(b)
A space designated for the name of the student's school;

(c)
A space designated for the student's grade level and class;

(d)
A space designated for the signature of the parent, guardian, or
other person who authorizes the administration of fluoride mouth
rinse to the student;

(e)
Information on the name, dosage, and intervals at which the fluoride
mouth rinse is scheduled to be administered during each school year;

(f)
The dates the administration of fluoride mouth rinse is to begin and
cease, which may, respectively, be the first and last days of a
school year;

(g)
Any other information or spaces the director considers necessary for
the proper administration of the program.

(E)
The director may adopt rules as necessary to implement and administer
the school-based fluoride mouth rinse program. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.

Sec.
3701.144.
(A)
As used in this section, "cost sharing" has the same
meaning as in section 3923.85 of the Revised Code.

(B)
The department of health shall administer the state's participation
in the national breast and cervical cancer early detection program
(NBCCEDP), which shall be known as the Ohio breast and cervical
cancer project. The project shall be administered in accordance with
Title XV of the "Public Health Service Act," 42 U.S.C. 300k
et seq., and the department's NBCCEDP grant agreement with the United
States centers for disease control and prevention.

(C)
In administering the project, the department shall set eligibility
requirements for services provided through the project as follows:

(1)
The woman must have countable family income not exceeding three
hundred per cent of the federal poverty line.

(2)
One of the following must be the case:

(a)
The woman is not covered by health insurance.

(b)
The woman is covered by health insurance that does not include the
screening or diagnostic services the woman seeks through the project.

(c)
The woman is covered by health insurance that imposes cost sharing
for the screening or diagnostic services the woman seeks through the
project that exceeds the limit specified in rules adopted under
division (D) of this section.

(3)
In the case of a woman seeking cervical cancer screening and
diagnostic services through the project, the woman must be at least
twenty-one and less than sixty-five years of age.

(4)
In the case of a woman seeking breast cancer screening and diagnostic
services through the project, either of the following must be the
case:

(a)
The woman is at least forty years of age.

(b)
The woman is at least twenty-one and less than forty years of age and
has been determined by a physician, certified nurse-midwife, clinical
nurse specialist, or certified nurse practitioner to need breast
cancer screening and diagnostic services due to the results of a
clinical breast examination, the woman's family history, or other
factors.

(D)
The director of health shall adopt rules for purposes of division
(C)(2)(c) of this section specifying the cost sharing limit for each
screening and diagnostic service that may be obtained through the
project.
The
director may adopt other rules as necessary to implement this
section.
The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
3701.145.
(A)

The
director of health shall ensure that, as part of the Ohio breast and
cervical cancer project administered under section 3701.144 of the
Revised Code, a woman who meets all of the following conditions
receives treatment for breast or cervical cancer:

(1)

(A)

The
woman was screened for breast or cervical cancer by a provider who
either does not participate in or was not paid for the screening by
the Ohio breast and cervical cancer project.

(2)

(B)

The
woman is in need of treatment for breast or cervical cancer.

(3)

(C)

The
woman has a countable income not exceeding three hundred per cent of
the federal poverty line.

(4)

(D)

The
woman is not covered by health insurance.

(5)

(E)

The
woman is less than sixty-five years of age.

(B)
The director of health may adopt rules as necessary to implement this
section. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

Sec.
3701.241.
(A)
The director of health shall develop and administer the following:

(1)
A surveillance system to determine the number of cases of AIDS and
the HIV infection rate in various population groups;

(2)
Counseling and testing programs for groups determined by the director
to be at risk of HIV infection, including procedures for both
confidential and anonymous tests, counseling training programs for
health care providers, and development of counseling guidelines;

(3)
A confidential partner notification system to alert and counsel
sexual contacts of individuals with HIV infection;

(4)
Risk reduction and education programs for groups determined by the
director to be at risk of HIV infection, and, in consultation with a
wide range of community leaders, education programs for the public;

(5)
Pilot programs for the long-term care of individuals with AIDS or
AIDS-related condition, including care in nursing homes and in
alternative settings;

(6)
Programs to expand regional outpatient treatment of individuals with
AIDS or AIDS-related condition;

(7)
A program to assist communities, including communities of less than
one hundred thousand population, in establishing AIDS task forces and
support groups for individuals with AIDS, AIDS-related condition, and
HIV infection. The program may include the award of grants if they
are matched by local funds.

Information
obtained or maintained under the partner notification system is not a
public record under section 149.43 of the Revised Code and may be
released only in accordance with division (C) of section 3701.243 of
the Revised Code.

(B)
The director shall:

(1)
Approve a test or tests to be used to determine whether an individual
has HIV infection, define a confirmed positive test result, and
develop guidelines for interpreting test results;

(2)
Establish sites for confidential and anonymous HIV tests, and prepare
a list of sites where an individual may obtain an anonymous test;

(3)
Prepare a list of counseling services;

(4)
Make available a copy of the list of anonymous testing sites or a
copy of the list of counseling services to anyone who requests it.

(C)
The director of health shall require the director or administrator of
each site where anonymous or confidential HIV tests are given to
submit a report every three months evaluating from an epidemiologic
perspective the effectiveness of the HIV testing program at that
site. Not later than January 31, 1991, and each year thereafter, the
director of health shall make a report evaluating the anonymous and
confidential testing programs throughout the state with regard to
their effectiveness as epidemiologic programs. The report shall be
submitted to the speaker of the house of representatives and the
president of the senate and shall be made available to the public.

The
director of health shall adopt rules pursuant to Chapter 119. of the
Revised Code for the implementation of the requirements of division
(B)(1) of this section and division (D) of section 3701.24 of the
Revised Code.

(D)
The director of health shall administer funds received under Title
XXVI of the "Public Health Services Act," 104 Stat. 576
(1990), 42 U.S.C.A. 2601, as amended, for programs to improve the
quality and availability of care for individuals with AIDS,
AIDS-related condition, and HIV infection. In administering these
funds, the director may enter into contracts with any person or
entity for the purpose of administering the programs, including
contracts with the department of job and family services for
establishment of a program of reimbursement of drugs used for
treatment and care of such individuals. The director of health may

adopt
rules in accordance with Chapter 119. of the Revised Code and
issue
orders as necessary for administration of the funds.

If the department of job and family services enters into a contract
under this division, the director of job and family services may
adopt rules in accordance with Chapter 119. of the Revised Code as
necessary for carrying out the department's duties under the
contract.

Sec.
3701.31.
In
formulating and administering the blood bank program, the department
of health may establish necessary standards,
promulgate
necessary rules and regulations,
utilize
the facilities and services of other official agencies and of
voluntary organizations which may be made available to the
department, and co-operate, if requested, with agencies and
organizations engaged in a similar program on a local or state basis.

Sec.
3701.341.
(A)
The director of health, pursuant to Chapter 119. and consistent with
Chapter 3726. and section 2317.56 of the Revised Code, shall adopt
rules relating to
abortions
and
the
following subjects

with respect to abortions
:

(1)
Post-abortion procedures to protect the health of the pregnant woman;

(2)
Pathological reports;

(3)
Humane disposition of the product of human conception;

(4)
Counseling.

(B)
The director of health shall implement the rules and shall apply to
the court of common pleas for temporary or permanent injunctions
restraining a violation or threatened violation of the rules. This
action is an additional remedy not dependent on the adequacy of the
remedy at law.

Sec.
3701.508.
(A)
The director of health shall adopt rules
governing

that
do all of the following with respect to
the
statewide hearing screening, tracking, and early intervention program
established under section 3701.504 of the Revised Code
,
including rules that do all of the following
:

(1)
Specify how hospitals and freestanding birthing centers are to comply
with the requirements of section 3701.505 of the Revised Code,
including methods to be used for hearing screening, except that with
regard to the physiologic equipment to be used for hearing screening,
the rules may require only that the equipment be capable of giving
reliable results and may not specify particular equipment or a
particular type of equipment;

(2)
Provide that no newborn or infant shall be required to undergo a
hearing screening if the parent, guardian, or custodian of the
newborn or infant objects on the grounds that the screening conflicts
with the parent's, guardian's, or custodian's religious tenets and
practices;

(3)
Provide for situations in which the parent, guardian, or custodian of
a newborn or infant objects to a hearing screening for reasons other
than religious tenets and practices;

(4)
Specify how the department of health will determine whether a person
is financially unable to pay for a hearing screening and define
"third-party payer" for the purpose of reimbursement of
hearing screening by the department under section 3701.505 of the
Revised Code;

(5)
Specify an inexpensive and efficient format and procedures for the
submission of hearing screening information from hospitals and
freestanding birthing centers to the department of health;

(6)
Specify a procedure whereby the department may conduct timely reviews
of hearing screening information submissions for purposes of quality
assurance, training, and disease prevention and control;

(7)
Specify any additional information that hospitals and freestanding
birthing centers are to provide to the children and youth with
special health care needs medical advisory council's infant hearing
screening subcommittee under section 3701.509 of the Revised Code.

(B)
In addition to the rules adopted under division (A) of this section,
the director shall adopt rules that specify the training that must be
completed by persons who will conduct hearing screenings. In adopting
these rules, the director shall consider incorporating cost-saving
training methods, including computer-assisted learning and on-site
training. Neither the rules nor the director of health may establish
a minimum educational level for persons conducting hearing
screenings.

(C)
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code and shall be adopted so as to
take effect not later than six months after August 1, 2002.

Sec.
3701.54.
The
department of health shall:

(A)
Enforce sections 3701.51 to 3701.55 of the Revised Code;

(B)

Promulgate
rules as necessary for the purpose of those sections and as the
director of health deems necessary for the further and proper
guidance of health commissioners;

(C)

Provide
for the gratuitous distribution of a scientific prophylactic for
inflammation of the eyes of the newborn, together with directions for
its proper use and administration, to all physicians and certified
nurse-midwives engaged in the practice of obstetrics or assisting at
childbirth;

(D)

(C)

Publish
and promulgate such further advice and information concerning the
dangers of inflammation of the eyes of the newborn and of gonorrheal
ophthalmia, and the necessity for prompt and effective treatment;

(E)

(D)

Furnish
copies of sections 3701.51 to 3701.55 of the Revised Code to all
physicians, certified nurse-midwives, and persons engaged in services
relating to the public health;

(F)

(E)

Keep
a proper record of all cases of inflammation of the eyes of the
newborn and gonorrheal ophthalmia filed with the department pursuant
to sections 3701.51 to 3701.55 of the Revised Code and as may come to
its attention in any way;

(G)

(F)

Report
all violations of sections 3701.51 to 3701.55 of the Revised Code
that come to its attention to the state medical board and also to the
prosecuting attorney of the county wherein the violation was
committed, and assist those officials in every way possible.

Sec.
3701.615.
(A)
As used in this section:

(1)
"Certified nurse-midwife," "certified nurse
practitioner," and "clinical nurse specialist" have
the same meanings as in section 4723.01 of the Revised Code.

(2)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(3)
"Physician assistant" means an individual authorized under
Chapter 4730. of the Revised Code to practice as a physician
assistant.

(B)
The department of health shall establish a grant program to address
the provision of prenatal health care services to pregnant women on a
group basis. The aim of the program is to increase the number of
pregnant women who begin prenatal care early in their pregnancies and
to reduce the number of infants born preterm.

(C)(1)
An entity seeking to participate in the grant program shall apply to
the department of health in a manner prescribed by the department.
Participating entities may include the following:

(a)
Medical practices, including those operated by or employing one or
more physicians, physician assistants, certified nurse-midwives,
certified nurse practitioners, or clinical nurse specialists;

(b)
Health care facilities.

(2)
To be eligible to participate in the grant program, an entity must
demonstrate to the department that it can meet all of the following
requirements:

(a)
Has space to host groups of at least twelve pregnant women;

(b)
Has adequate in-kind resources, including existing medical staff, to
provide necessary prenatal health care services on both an individual
and group basis;

(c)
Provides prenatal care based on either of the following:

(i)
The centering pregnancy model of care developed by the centering
healthcare institute;

(ii)
Another model of care acceptable to the department.

(d)
Integrates health assessments, education, and support into a unified
program in which pregnant women at similar stages of pregnancy meet,
learn care skills, and participate in group discussions;

(e)
Meets any other requirements established by the department.

(D)
When distributing funds under the program, the department shall give
priority to entities that are both of the following:

(1)
Operating in areas of the state with high preterm birth rates,
including rural areas and Cuyahoga, Franklin, Hamilton, and Summit
counties;

(2)
Providing care to medicaid recipients who are members of the group
described in division (B) of section 5163.06 of the Revised Code.

(E)
A participating entity may employ or contract with licensed dental
hygienists to educate pregnant women about the importance of prenatal
and postnatal dental care.

(F)
The department may adopt rules as necessary to implement this
section. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

Sec.
3701.84.
(A)
The department of health shall prepare a plan to reduce tobacco use
by Ohioans, with emphasis on reducing the use of tobacco by youth,
minority and regional populations, pregnant women, medicaid
recipients, and others who may be disproportionately affected by the
use of tobacco. The department shall make copies of the plan
available to the public.

(B)
The plan shall do both of the following:

(1)
Take into account the increasing use of electronic health records by
health care providers and expanded health insurance coverage for
tobacco cessation products and services;

(2)
Require the department to collaborate with community organizations in
the urban and rural communities specified in rules adopted under
section 3701.142 of the Revised Code for the purpose of helping them
succeed in securing grants from the moms quit for two grant program
created under Section 289.33 of Am. Sub. H.B. 64 of the 131st general
assembly and other tobacco cessation grant programs.

(C)
The plan may provide for periodic surveys to measure tobacco use and
behavior toward tobacco use by Ohioans.

(D)
The plan may describe youth tobacco consumption prevention programs
to be eligible for consideration for grants from the department and
may set forth the criteria by which applications for grants for such
programs will be considered by the department. Programs eligible for
consideration may include:

(1)
Media campaigns directed to youth to prevent underage tobacco
consumption;

(2)
School-based education programs to prevent youth tobacco consumption;

(3)
Community-based youth programs involving youth tobacco consumption
prevention through general youth development;

(4)
Retailer education and compliance efforts to prevent youth tobacco
consumption;

(5)
Mentoring programs designed to prevent or reduce tobacco use by
students.

(E)
Pursuant to the plan, the department may carry out, or provide
funding for private or public agencies to carry out, research and
programs related to tobacco use prevention and cessation. If the
department provides such funding, the department shall establish an
objective process to determine which research and program proposals
to fund. When appropriate, proposals for research shall be
peer-reviewed. No program shall be carried out or funded by the
department unless there is research that indicates that the program
is likely to achieve the results desired. All research and programs
funded by the department shall be goal-oriented and independently and
objectively evaluated annually on whether it is meeting its goals.
The department shall contract for such evaluations and shall adopt
rules under Chapter 119. of the Revised Code regarding conflicts of
interest in the research and programs it funds.

The
department shall endeavor to coordinate its research and programs
with the efforts of other agencies of this state to reduce tobacco
use by Ohioans. Any state agency that conducts a survey that measures
tobacco use or behavior toward tobacco use by Ohioans shall share the
results of the survey with the department.

(F)
The department may adopt rules under Chapter 119. of the Revised Code
as necessary to implement this section.

Sec.
3701.87.
The
governor may authorize the department of health to enter into an
agreement on behalf of the state with the United States secretary of
health and human services whereby the department may serve as the
agency for review of proposed capital expenditures by health care
facilities pursuant to section 1122 of the "Social Security Act"
as amended by Public Law 92-603, 42 U.S.C. 1320a-1, and the
regulations adopted thereunder. Such agreement shall be subject to
and include the following terms and conditions:

(A)
All applications, notices, requests for information, and other
official communications shall be on written forms prescribed by and
approved by the director of health.

(B)
The director
,
subject to Chapter 119. of the Revised Code,

shall propose, modify, amend, and adopt
rules,

standards,
guidelines, and official policies which are consistent with federal
law, as it deems necessary to implement the capital expenditures
review program.

(C)
The director shall make all findings and recommendations required by
federal law and shall give due consideration to the findings,
reviews, and comments of areawide health planning agencies performing
reviews pursuant to section 314 (b)(2) of the "Public Health
Service Act," 42 U.S.C. 246, or the appropriate health systems
agency.

(D)
The findings and recommendations of the director shall be in writing
and shall clearly specify the provisions of the state health
facilities plan with which any application is found to be
inconsistent. Any applicant adversely affected by the findings and
recommendations of the director may request a hearing before the
director pursuant to Chapter 119. of the Revised Code. The findings
and recommendations of the director are an adjudication as defined in
Chapter 119. of the Revised Code and may be appealed as provided in
that chapter.

Sec.
3701.922.
(A)
The director of health may do any of the following to implement and
administer the patient centered medical home education program:

(1)
Develop and implement programs of education or training on the
patient centered medical home model of care or other similar enhanced
models of coordinated patient centered care that are intended to
address the multifaceted needs of patients and provide whole person
comprehensive and coordinated patient centered care;

(2)
Advise, consult, cooperate with, and assist, by contract or other
arrangement, government agencies or institutions or private
organizations, corporations, or associations in the development and
promotion of programs pertaining to the evaluation and implementation
of the patient centered medical home model of care or other similar
enhanced models of coordinated patient centered care;

(3)
Establish projects that provide education or training on the patient
centered medical home model of care or other similar enhanced models
of coordinated patient centered care.

(4)
Seek and administer state funds or grants from other sources to carry
out any functions of the patient centered medical home education
program.

Any
funds or grants received by the director for purposes of the program
shall be used for the program.

(B)
The director may adopt
rules
as necessary to implement and administer the patient centered medical
home education program, including
rules
that define what constitutes a "patient centered medical home"
for purposes of an entity authorized to provide care coordination
services. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

Sec.
3701.936.
At
the request of the director of health, every department, agency, and
political subdivision of the state shall provide information, data,
records, and otherwise assist in the execution of sections 3701.93 to

3701.9314

3701.9312

of
the Revised Code.

Sec.
3701.937.
At
the request of the director of health, any individual or entity not
specified in section 3701.936 of the Revised Code, at the
individual's or entity's discretion, may provide information, data,
records, and otherwise assist in the execution of sections 3701.93 to

3701.9314

3701.9312

of
the Revised Code. Any information, data, and records provided to the
director by any other individual or entity shall contain only
information, data, or records that are available or reasonably drawn
from any information, data, and record developed and kept in the
normal course of business.

Sec.
3701.938.
Notwithstanding
any section of the Revised Code pertaining to confidentiality, any
individual, public social service agency, or public agency that
provides services to individuals or families, law enforcement agency,
coroner, or public entity that provided services to an individual
whose death is the type of death specified by the director of health
under section 3701.934 of the Revised Code shall provide information,
data, records, and otherwise assist in the execution of sections
3701.93 to
3701.9314

3701.9312

of
the Revised Code.

Sec.
3702.301.
(A)
Except as provided in division (C) of this section, a freestanding
birthing center is not required to obtain a license under section
3702.30 of the Revised Code if all of the following are the case:

(1)
A religious denomination, sect, or group owns and operates the
center.

(2)
Requiring that the center be licensed significantly abridges or
infringes on the religious practices or beliefs of that religious
denomination, sect, or group.

(3)
The center provides care only during low-risk pregnancy, delivery,
and the immediate postpartum period exclusively to women who

are
members of that religious denomination, sect, or group.

(4)
The center monitors and evaluates the care provided to its patients
in accordance with at least the minimum patient safety monitoring and
evaluation requirements established in rules adopted under division
(D) of this section.

(5)
The center meets the quality assessment and improvement standards
established in rules adopted under division (D) of this section.

(B)
If the director determines that a freestanding birthing center is no
longer exempt from the requirement to obtain a license under section
3702.30 of the Revised Code because the center ceases to comply with
division (A)(4) or (5) of this section, the director may order the
center to come into compliance. In the order, the director may do all
of the following:

(1)
Identify what the center is not in compliance with and what the
center needs to do to come into compliance;

(2)
Require that the center come into compliance within a period of time
specified in the order;

(3)
Require that the center provide the director a written notice within
a period of time specified in the order that contains all of the
following:

(a)
Certification that the center has come into compliance;

(b)
The signature of the center's administrator or medical director and
certification that the administrator or medical director, whichever
signs the notice, is the center's authorized representative;

(c)
Certification that the information contained in the notice and in any
accompanying documentation is true and accurate;

(d)
Any other information or documentation that the director may require
to verify that the center has come into compliance.

(C)
If the director issues an order to a freestanding birthing center
under division (B) of this section and the center fails to comply
with the order within the time specified in the order, the director
may issue a second order that requires the center to cease operations
until the center obtains a license under section 3702.30 of the
Revised Code.

(D)
The director of health shall adopt rules in accordance with Chapter
119. of the Revised Code
as
necessary to implement this section. The rules shall
that

establish
all of the following:

(1)
Minimum patient safety monitoring and evaluation requirements;

(2)
Quality assessment and improvement standards;

(3)
Procedures for determining whether freestanding birthing centers are
in compliance with the rules.

Sec.
3702.3012.
(A)
As used in this section, "surgical smoke" and "surgical
smoke evacuation system" have the same meanings as in section
3727.25 of the Revised Code.

(B)
Not later than one year after

the effective date of this section

October
3, 2024
,
each ambulatory surgical facility shall adopt and implement a policy
designed to prevent human exposure to surgical smoke during any
planned surgical procedure that is likely to generate surgical smoke.
The policy shall include the use of a surgical smoke evacuation
system.

(C)
The director of health may adopt any rules the director considers
necessary to implement this section. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

Sec.
3702.57.
(A)
The director of health shall adopt rules establishing procedures and
criteria for reviews of applications for certificates of need and
issuance, denial, or withdrawal of certificates.

(1)
In adopting rules that establish criteria for reviews of applications
of certificates of need, the director shall consider the availability
of and need for long-term care beds to provide care and treatment to
persons diagnosed as having traumatic brain injuries and shall
prescribe criteria for reviewing applications that propose to add
long-term care beds to provide care and treatment to persons
diagnosed as having traumatic brain injuries.

(2)
The criteria for reviews of applications for certificates of need
shall relate to the need for the reviewable activity and shall
pertain to all of the following matters:

(a)
The impact of the reviewable activity on the cost and quality of
long-term care services in the relevant service area, including, but
not limited, to the historical and projected utilization of the
services to which the application pertains and the effect of the
reviewable activity on utilization of other providers of similar
services;

(b)
The quality of the services to be provided as the result of the
activity, as evidenced by the historical performance of the persons
that will be involved in providing the services and by the provisions
that are proposed in the application to ensure quality, including but
not limited to adequate available personnel, available ancillary and
support services, available equipment, size and configuration of
physical plant, and relations with other providers;

(c)
The impact of the reviewable activity on the availability and
accessibility of the type of services proposed in the application to
the population of the relevant service area, and the level of access
to the services proposed in the application that will be provided to
medically underserved individuals such as recipients of public
assistance and individuals who have no health insurance or whose
health insurance is insufficient;

(d)
The activity's short- and long-term financial feasibility and
cost-effectiveness, the impact of the activity on the applicant's
costs and charges, and a comparison of the applicant's costs and
charges with those of providers of similar services in the
applicant's proposed service area;

(e)
The advantages, disadvantages, and costs of alternatives to the
reviewable activity;

(f)
The impact of the activity on all other providers of similar services
in the relevant service area, including the impact on their
utilization, market share, and financial status;

(g)
The historical performance of the applicant and related or affiliated
parties in complying with previously granted certificates of need and
any applicable certification, accreditation, or licensure
requirements;

(h)
The historical performance of the applicant and related or affiliated
parties in providing cost-effective long-term care services;

(i)
The special needs and circumstances of the applicant or population
proposed to be served by the proposed project, including research
activities, prevalence of particular diseases, unusual demographic
characteristics, cost-effective contractual affiliations, and other
special circumstances;

(j)
The appropriateness of the zoning status of the proposed site of the
activity;

(k)
The participation by the applicant in research conducted by the
United States food and drug administration or clinical trials
sponsored by the national institutes of health.

(3)
The criteria for reviews of applications shall include a formula for
determining each county's long-term care bed need for purposes of
section 3702.593 of the Revised Code and may include other formulas
for determining need for beds.

Any
rules prescribing criteria that establish ratios of beds to
population shall specify the bases for establishing the ratios or
mitigating factors or exceptions to the ratios.

(B)
The director shall adopt rules specifying all of the following:

(1)
Information that must be provided in applications for certificates of
need;

(2)
Procedures for reviewing applications for completeness of
information;

(3)
Criteria for determining that the application is complete;

(4)
Procedures for making a final determination regarding an
application's completeness and issuing a notice of the determination
within the one-hundred-eighty-day time frame specified in division
(B)(3) of section 3702.52 of the Revised Code.

(C)
The director shall adopt rules specifying requirements that holders
of certificates of need must meet in order for the certificates to
remain valid and establishing definitions and requirements for
obligation of capital expenditures and implementation of projects
authorized by certificates of need.

The
rules shall not specify a maximum capital expenditure that a
certificate holder may obligate under a certificate of need.

(D)
The director shall adopt rules establishing criteria and procedures
under which the director of health may withdraw a certificate of need
if the holder fails to meet requirements for continued validity of
the certificate.

(E)
The director shall adopt rules establishing procedures under which
the department of health shall monitor project implementation
activities of holders of certificates of need. The rules adopted
under this division also may establish procedures for monitoring
implementation activities of persons that have received
nonreviewability rulings.

(F)
The director shall adopt rules establishing certificate of need
application fees sufficient to pay the costs incurred by the
department for administering sections 3702.51 to 3702.62 of the
Revised Code. Unless rules are adopted under this division
establishing different application fees, the application fee for a
project not involving a capital expenditure shall be three thousand
dollars and the application fee for a project involving a capital
expenditure shall be nine-tenths of one per cent of the capital
expenditure proposed subject to a minimum of three thousand dollars
and a maximum of twenty thousand dollars.

(G)
The director shall adopt rules specifying information that is
necessary to conduct reviews of certificate of need applications and
to develop criteria for reviews that long-term care facilities are to
submit to the director under division (H) of section 3702.52 of the
Revised Code.

(H)
The director shall adopt rules defining "affiliated person,"
"related person," and "ultimate controlling interest"
for purposes of section 3702.523 of the Revised Code.

(I)
The director shall adopt rules prescribing requirements for holders
of certificates of need to demonstrate to the director under section
3702.525 of the Revised Code that reasonable progress is being made
toward completion of the reviewable activity and establishing
standards by which the director shall determine whether reasonable
progress is being made.

(J)
The director shall adopt all rules under divisions (A) to (I) of this
section in accordance with Chapter 119. of the Revised Code.

The director may adopt other rules as necessary to carry out the
purposes of sections 3702.51 to 3702.62 of the Revised Code.

Sec.
3702.71.
As
used in sections 3702.71 to
3702.79

3702.78

of
the Revised Code:

(A)
"Full-time practice" means working a minimum of forty hours
per week for a minimum of forty-five weeks each service year.

(B)
"Part-time practice" means working a minimum of twenty and
a maximum of thirty-nine hours per week for a minimum of forty-five
weeks per service year.

(C)
"Primary care physician" means an individual who is
authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery and is board
certified or board eligible in a primary care specialty.

(D)
"Primary care service" means professional comprehensive
personal health services, which may include health education and
disease prevention, treatment of uncomplicated health problems,
diagnosis of chronic health problems, overall management of health
care services for an individual or a family, and the services of a
psychiatrist. "Primary care service" also includes
providing the initial contact for health care services, making
referrals for secondary and tertiary care and for continuity of
health care services, and teaching activities to the extent specified
in a contract entered into pursuant to section 3702.74 of the Revised
Code.

(E)
"Primary care specialty" means general internal medicine,
pediatrics, adolescent medicine, obstetrics and gynecology,
psychiatry, child and adolescent psychiatry, geriatric psychiatry,
combined internal medicine and pediatrics, geriatrics, or family
practice.

(F)
"Teaching activities" means providing clinical education to
students and residents regarding the primary care physician's normal
course of practice and expertise at the service site specified in the
contract described in section 3702.74 of the Revised Code.

Sec.
3702.74.
(A)
A primary care physician who has signed a letter of intent under
section 3702.73 of the Revised Code and the director of health may
enter into a contract for the physician's participation in the
physician loan repayment program. The physician's employer or other
funding source may also be a party to the contract.

(B)
The contract shall include all of the following obligations:

(1)
The primary care physician agrees to provide primary care services in
the health resource shortage area identified in the letter of intent
for the number of hours and duration specified in the contract;

(2)
When providing primary care services in the health resource shortage
area, the primary care physician agrees to do all of the following:

(a)
Provide primary care services in an outpatient or ambulatory setting
approved by the department of health;

(b)
Provide primary care services without regard to a patient's ability
to pay;

(c)
Meet the requirements for a medicaid provider agreement and enter
into the agreement with the department of medicaid to provide primary
care services to medicaid recipients.

(3)
The department of health agrees, as provided in section 3702.75 of
the Revised Code, to repay, so long as the primary care physician
performs the service obligation agreed to under division (B)(1) of
this section, all or part of the principal and interest of a
government or other educational loan taken by the primary care
physician for expenses described in section 3702.75 of the Revised
Code;

(4)
The primary care physician agrees to pay the department of health an
amount
established

the
director establishes
by
rules adopted under
section
3702.79
Chapter
119.
of
the Revised Code if the physician fails to complete the service
obligation agreed to under division (B)(1) of this section.

(C)
The contract shall include the following terms as agreed upon by the
parties:

(1)
The primary care physician's required length of service in the health
resource shortage area, which must be at least two years;

(2)
The number of weekly hours the primary care physician will be engaged
in full-time practice or part-time practice in the health resource
shortage area;

(3)
The maximum amount that the department will repay on behalf of the
primary care physician;

(4)
The extent to which the primary care physician's teaching activities
will be counted toward the physician's full-time practice or
part-time practice hours under the contract.

(D)
If the amount specified in division (C)(3) of this section includes
federal funds, the amount of state funds repaid on the individual's
behalf shall be the same as the amount of those federal funds.

Sec.
3702.91.
(A)
As used in this section:

(1)
"Full-time practice" and "part-time practice"
have the same meanings as in section 3702.71 of the Revised Code;

(2)
"Teaching activities" means providing clinical education to
dental students and residents and dental health profession students
at the service site specified in the contract described in division
(B) of this section.

(B)
An individual who has signed a letter of intent may enter into a
contract with the director of health for participation in the dentist
loan repayment program. The dentist's employer or other funding
source may also be a party to the contract.

(C)
The contract shall include all of the following obligations:

(1)
The individual agrees to provide dental services in the dental health
resource shortage area identified in the letter of intent for the
number of hours and duration specified in the contract.

(2)
When providing dental services in the dental health resource shortage
area, the individual agrees to do all of the following:

(a)
Provide dental services in a service site approved by the department
of health;

(b)
Provide dental services without regard to a patient's ability to pay;

(c)
Meet the requirements for a medicaid provider agreement and enter
into the agreement with the department of medicaid to provide dental
services to medicaid recipients.

(3)
The department of health agrees, as provided in section 3702.85 of
the Revised Code, to repay, so long as the individual performs the
service obligation agreed to under division (C)(1) of this section,
all or part of the principal and interest of a government or other
educational loan taken by the individual for expenses described in
section 3702.85 of the Revised Code.

(4)
The individual agrees to pay the department of health an amount
established
by
the director
by
rules adopted under
section
3702.86
Chapter
119.
of
the Revised Code, if the individual fails to complete the service
obligation agreed to under division (C)(1) of this section.

(D)
The contract shall include the following terms as agreed upon by the
parties:

(1)
The individual's required length of service in the dental health
resource shortage area, which must be at least two years;

(2)
The number of weekly hours the individual will be engaged in
full-time practice or part-time practice;

(3)
The maximum amount that the department will repay on behalf of the
individual;

(4)
The extent to which the individual's teaching activities will be
counted toward the individual's full-time practice or part-time
practice hours under the contract.

(E)
If the amount specified in division (D)(3) of this section includes
federal funds, the amount of state funds repaid on the individual's
behalf shall be the same as the amount of those federal funds.

Sec.
3702.965.
(A)
As used in this section:

(1)
"Full-time practice" and "part-time practice"
have the same meanings as in section 3702.71 of the Revised Code;

(2)
"Teaching activities" means supervising dental hygiene
students at the service site specified in the contract described in
division (B) of this section.

(B)
An individual who has been approved for participation under section
3702.964 of the Revised Code may enter into a contract with the
director of health for participation in the dental hygienist loan
repayment program. The dental hygienist's employer or other funding
source may also be a party to the contract.

(C)
The contract shall include all of the following obligations:

(1)
The individual agrees to provide dental hygiene services in the
dental health resource shortage area for the number of hours and
duration specified in the contract.

(2)
The department of health agrees, as provided in section 3702.96 of
the Revised Code, to repay, so long as the individual performs the
service obligation agreed to under division (C)(1) of this section,
all or part of the principal and interest of a government or other
educational loan taken by the individual for expenses described in
section 3702.96 of the Revised Code.

(3)
The individual agrees to pay the department of health an amount
established
by
the director
by
rules adopted under
section
3702.961
Chapter
119.
of
the Revised Code, if the individual fails to complete the service
obligation agreed to under division (C)(1) of this section.

(D)
The contract shall include the following terms as agreed upon by the
parties:

(1)
The particular site within a dental health resource shortage area
where the dental hygiene services are to be performed;

(2)
The individual's required length of service in the dental health
resource shortage area, which must be at least two years;

(3)
The number of weekly hours the individual will be engaged in
full-time practice or part-time practice;

(4)
The maximum amount that the department will repay on behalf of the
individual;

(5)
The extent to which the individual's teaching activities will be
counted toward the individual's full-time practice or part-time
practice hours under the contract.

(E)
Before agreeing to the amount specified in division (D)(4) of this
section, the department of health shall consult with the Ohio dental
hygienists' association regarding the amount. If this amount includes
funds from the bureau of clinician recruitment and service in the
United States department of health and human services, the amount of
state funds repaid on the individual's behalf shall be the same as
the amount of those funds.

Sec.
3703.21.
(A)
Within ninety days after September 16, 2004, the superintendent of
industrial compliance shall appoint a backflow advisory board
consisting of not more than ten members, who shall serve at the
pleasure of the superintendent. The superintendent shall appoint a
representative from the plumbing section of the division of
industrial compliance, three representatives recommended by the
plumbing administrator of the division of industrial compliance, a
representative of the drinking water program of the Ohio
environmental protection agency, three representatives recommended by
the director of environmental protection, and not more than two
members who are not employed by the plumbing or water industry.

The
board shall advise the superintendent on matters pertaining to the
training and certification of backflow technicians.

(B)(1)
The superintendent shall adopt rules in accordance with Chapter 119.
of the Revised Code to
provide
for the certification of backflow technicians. The rules shall

establish
all of the following requirements, specifications, and procedures

for the certification of backflow technicians
:

(a)
Requirements and procedures for the initial certification of backflow
technicians, including eligibility criteria and application
requirements and fees;

(b)
Specifications concerning and procedures for taking examinations
required for certification as a backflow technician, including
eligibility criteria to take the examination and application
requirements and fees for taking the examination;

(c)
Subject to division (B)(2) of this section, specifications concerning
and procedures for renewing a certification as a backflow technician,
including eligibility criteria, application requirements, and fees
for renewal;

(d)
Specifications concerning and procedures for both of the following:

(i)
Approval of training agencies authorized to teach required courses to
candidates for certification as backflow technicians or continuing
education courses to certified backflow technicians;

(ii)
Renewal of the approval described in division (B)(1)(d)(i) of this
section.

(e)
Education requirements that candidates for initial certification as
backflow technicians must satisfy and continuing education
requirements that certified backflow technicians must satisfy;

(f)
Grounds and procedures for denying, suspending, or revoking
certification, or denying the renewal of certification, as a backflow
technician;

(g)
Procedures for issuing administrative orders for the remedy of any
violation of this section or any rule adopted pursuant to division
(B)(1) of this section, including, but not limited to, procedures for
assessing a civil penalty authorized under division (E) of this
section
;

(h)
Any provision the superintendent determines is necessary to
administer or enforce this section
.

(2)
In the rules the superintendent adopts under division (B)(1)(c) of
this section, the superintendent shall do both of the following:

(a)
Specify that a certification be renewed every five years;

(b)
Establish a certification renewal fee of seventy-five dollars.

(C)
The superintendent shall certify a backflow technician in accordance
with Chapter 4796. of the Revised Code if either of the following
applies:

(1)
The individual holds a license or certification in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a backflow technician in a state that does not issue that
certification.

(D)
No individual shall engage in the installation, testing, or repair of
any isolation backflow prevention device unless that individual
possesses a valid certification as a backflow technician. This
division does not apply with respect to the installation, testing, or
repair of any containment backflow prevention device.

(E)
Whoever violates division (D) of this section or any rule adopted
pursuant to division (B)(1) of this section shall pay a civil penalty
of not more than five thousand dollars for each day that the
violation continues. The superintendent may, by order, assess a civil
penalty under this division, or may request the attorney general to
bring a civil action to impose the civil penalty in the court of
common pleas of the county in which the violation occurred or where
the violator resides.

(F)
Any action taken under a rule adopted pursuant to division (B)(1)(f)
of this section is subject to the appeal process of Chapter 119. of
the Revised Code. An administrative order issued pursuant to rules
adopted under division (B)(1)(g) of this section and an appeal to
that type of administrative order shall be executed in accordance
with Chapter 119. of the Revised Code.

(G)
As used in this section:

(1)
"Isolation backflow prevention device" means a device for
the prevention of the backflow of liquids, solids, or gases that is
regulated by the building code adopted pursuant to section 3781.10 of
the Revised Code and rules adopted pursuant to this section.

(2)
"Containment backflow prevention device" means a device for
the prevention of the backflow of liquids, solids, or gases that is
installed by the supplier of, or as a requirement of, any public
water system as defined in division (A) of section 6109.01 of the
Revised Code.

Sec.
3704.03.
The
director of environmental protection may do any of the following:

(A)
Develop programs for the prevention, control, and abatement of air
pollution;

(B)
Advise, consult, contract, and cooperate with any governmental or
private agency in the furtherance of the purposes of this chapter;

(C)
Encourage, participate in, or conduct studies, investigations, and
research relating to air pollution, collect and disseminate
information, and conduct education and training programs relating to
the causes, prevention, control, and abatement of air pollution;

(D)

Adopt,
modify, and rescind rules prescribing ambient air quality standards
for the state as a whole or for various areas of the state that are
consistent with and no more stringent than the national ambient air
quality standards in effect under the federal Clean Air Act;

(E)

Adopt,
modify, suspend, and rescind rules
for
the prevention, control, and abatement of air pollution, including
rules
prescribing
for the state as a whole or for various areas of the state emission
standards for air contaminants
,
and other necessary rules for the purpose of achieving and
maintaining compliance with ambient air quality standards in all
areas within the state as expeditiously as practicable, but not later
than any deadlines applicable under the federal Clean Air Act
;
rules for the prevention or control of the emission of hazardous or
toxic air contaminants; rules prescribing fugitive dust limitations
and standards that are related, on an areawide basis, to attainment
and maintenance of ambient air quality standards; rules prescribing
shade, density, or opacity limitations and standards for emissions,
provided that with regard to air contaminant sources for which there
are particulate matter emission standards in addition to a shade,
density, or opacity rule, upon demonstration by such a source of
compliance with those other standards, the shade, density, or opacity
rule shall provide for establishment of a shade, density, or opacity
limitation for that source that does not require the source to reduce
emissions below the level specified by those other standards; rules
for the prevention or control of odors and air pollution nuisances;

rules
that prevent significant deterioration of air quality to the extent
required by the federal Clean Air Act; rules for the protection of
visibility as required by the federal Clean Air Act;
and
rules prescribing open burning limitations and standards. In
adopting, modifying, suspending, or rescinding any such rules, the
director, to the extent consistent with the federal Clean Air Act,
shall hear and give consideration to evidence relating to all of the
following:

(1)
Conditions calculated to result from compliance with the rules, the
overall cost within this state of compliance with the rules, and
their relation to benefits to the people of the state to be derived
from that compliance;

(2)
The quantity and characteristics of air contaminants, the frequency
and duration of their presence in the ambient air, and the dispersion
and dilution of those contaminants;

(3)
Topography, prevailing wind directions and velocities, physical
conditions, and other factors that may or may combine to affect air
pollution.

Consistent
with division (K) of section 3704.036 of the Revised Code, the
director shall consider alternative emission limits proposed by the
owner or operator of an air contaminant source that is subject to an
emission limit established in rules adopted under this division and
shall accept those alternative emission limits that the director
determines to be equivalent to emission limits established in rules
adopted under this division.

(F)(1)
(E)(1)

Adopt, modify, suspend, and rescind rules consistent with the
purposes of this chapter prohibiting the location, installation,
construction, or modification of any air contaminant source or any
machine, equipment, device, apparatus, or physical facility intended
primarily to prevent or control the emission of air contaminants
unless an installation permit therefor has been obtained from the
director or the director's authorized representative.

(2)(a)
Applications for installation permits shall be accompanied by plans,
specifications, construction schedules, and such other pertinent
information and data, including data on ambient air quality impact
and a demonstration of best available technology, as the director may
require. Installation permits shall be issued for a period specified
by the director and are transferable. The director shall specify in
each permit the applicable emission standards and that the permit is
conditioned upon payment of the applicable fees as required by
section 3745.11 of the Revised Code and upon the right of the
director's authorized representatives to enter upon the premises of
the person to whom the permit has been issued, at any reasonable time
and subject to safety requirements of the person in control of the
premises, for the purpose of determining compliance with such
standards, this chapter, the rules adopted thereunder, and the
conditions of any permit, variance, or order issued thereunder. Each
proposed new or modified air contaminant source shall provide such
notice of its proposed installation or modification to other states
as is required under the federal Clean Air Act. Installation permits
shall include the authorization to operate sources installed and
operated in accordance with terms and conditions of the installation
permits for a period not to exceed one year from commencement of
operation, which authorization shall constitute an operating permit
under division
(G)
(F)

of this section and rules adopted under it.

No
installation permit shall be required for activities that are subject
to and in compliance with a plant-wide applicability limit issued by
the director in accordance with rules adopted under this section.

No
installation permit shall be issued except in accordance with all
requirements of this chapter and rules adopted thereunder. No
application shall be denied or permit revoked or modified without a
written order stating the findings upon which denial, revocation, or
modification is based. A copy of the order shall be sent to the
applicant or permit holder by certified mail.

(b)
An air contaminant source that is the subject of an installation
permit shall be installed or modified in accordance with the permit
not later than eighteen months after the permit's effective date at
which point the permit shall terminate unless one of the following
applies:

(i)
The owner or operator has undertaken a continuing program of
installation or modification during the eighteen-month period.

(ii)
The owner or operator has entered into a binding contractual
obligation to undertake and complete within a reasonable period of
time a continuing program of installation or modification of the air
contaminant source during the eighteen-month period.

(iii)
The director has extended the date by which the air contaminant
source that is the subject of the installation permit must be
installed or modified.

(iv)
The installation permit is the subject of an appeal by a party other
than the owner or operator of the air contaminant source that is the
subject of the installation permit, in which case the date of
termination of the permit is not later than eighteen months after the
effective date of the permit plus the number of days between the date
in which the permit was appealed and the date on which all appeals
concerning the permit have been resolved.

(v)
The installation permit has been superseded by a subsequent
installation permit, in which case the original installation permit
terminates on the effective date of the superseding installation
permit.

Division

(F)(2)(b)
(E)(2)(b)

of this section applies to an installation permit that has not
terminated as of October 16, 2009.

The
director may adopt rules in accordance with Chapter 119. of the
Revised Code for the purpose of establishing additional requirements
that are necessary for the implementation of division (F)(2)(b) of
this section.

(3)
Not later than two years after August 3, 2006, the director shall
adopt a rule in accordance with Chapter 119. of the Revised Code
specifying that a permit to install is required only for new or
modified air contaminant sources that emit any of the following air
contaminants:

(a)
An air contaminant or precursor of an air contaminant for which a
national ambient air quality standard has been adopted under the
federal Clean Air Act;

(b)
An air contaminant for which the air contaminant source is regulated
under the federal Clean Air Act;

(c)
An air contaminant that presents, or may present, through inhalation
or other routes of exposure, a threat of adverse human health
effects, including, but not limited to, substances that are known to
be, or may reasonably be anticipated to be, carcinogenic, mutagenic,
teratogenic, or neurotoxic, that cause reproductive dysfunction, or
that are acutely or chronically toxic, or a threat of adverse
environmental effects whether through ambient concentrations,
bioaccumulation, deposition, or otherwise, and that is identified in
the rule by chemical name and chemical abstract service number.

The
director may modify the rule adopted under division

(F)(3)(c)
(E)(3)(c)

of this section for the purpose of adding or deleting air
contaminants. For each air contaminant that is contained in or
deleted from the rule adopted under division
(F)(3)(c)
(E)(3)(c)

of this section, the director shall include in a notice accompanying
any proposed or final rule an explanation of the director's
determination that the air contaminant meets the criteria established
in that division and should be added to, or no longer meets the
criteria and should be deleted from, the list of air contaminants.
The explanation shall include an identification of the scientific
evidence on which the director relied in making the determination.
Until adoption of the rule under division
(F)(3)(c)
(E)(3)(c)

of this section, nothing shall affect the director's authority to
issue, deny, modify, or revoke permits to install under this chapter
and rules adopted under it.

(4)(a)
Applications for permits to install new or modified air contaminant
sources shall contain sufficient information regarding air
contaminants for which the director may require a permit to install
to determine conformity with the environmental protection agency's
document entitled "Review of New Sources of Air Toxics
Emissions, Option A," dated May 1986, which the director shall
use to evaluate toxic emissions from new or modified air contaminant
sources. The director shall make copies of the document available to
the public upon request at no cost and post the document on the
environmental protection agency's web site. Any inconsistency between
the document and division
(F)(4)
(E)(4)

of this section shall be resolved in favor of division
(F)(4)
(E)(4)

of this section.

(b)
The maximum acceptable ground level concentration of an air
contaminant shall be calculated in accordance with the document
entitled "Review of New Sources of Air Toxics Emissions, Option
A." Modeling shall be conducted to determine the increase in the
ground level concentration of an air contaminant beyond the
facility's boundary caused by the emissions from a new or modified
source that is the subject of an application for a permit to install.
Modeling shall be based on the maximum hourly rate of emissions from
the source using information including, but not limited to, any
emission control devices or methods, operational restrictions, stack
parameters, and emission dispersion devices or methods that may
affect ground level concentrations, either individually or in
combination. The director shall determine whether the activities for
which a permit to install is sought will cause an increase in the
ground level concentration of one or more relevant air contaminants
beyond the facility's boundary by an amount in excess of the maximum
acceptable ground level concentration. In making the determination as
to whether the maximum acceptable ground level concentration will be
exceeded, the director shall give consideration to the modeling
conducted under division
(F)(4)(b)
(E)(4)(b)

of this section and other relevant information submitted by the
applicant.

(c)
If the modeling conducted under division
(F)(4)(b)
(E)(4)(b)

of this section with respect to an application for a permit to
install demonstrates that the maximum ground level concentration from
a new or modified source will be greater than or equal to eighty per
cent, but less than one hundred per cent of the maximum acceptable
ground level concentration for an air contaminant, the director may
establish terms and conditions in the permit to install for the air
contaminant source that will require the owner or operator of the air
contaminant source to maintain emissions of that air contaminant
commensurate with the modeled level, which shall be expressed as
allowable emissions per day. In order to calculate the allowable
emissions per day, the director shall multiply the hourly emission
rate modeled under division
(F)(4)(b)
(E)(4)(b)

of this section to determine the ground level concentration by the
operating schedule that has been identified in the permit to install
application. Terms and conditions imposed under division

(F)(4)(c)
(E)(4)(c)

of this section are not federally enforceable requirements and, if
included in a Title V permit, shall be placed in the portion of the
permit that is only enforceable by the state.

(d)
If the modeling conducted under division
(F)(4)(b)
(E)(4)(b)

of this section with respect to an application for a permit to
install demonstrates that the maximum ground level concentration from
a new or modified source will be less than eighty per cent of the
maximum acceptable ground level concentration, the owner or operator
of the source annually shall report to the director, on a form
prescribed by the director, whether operations of the source are
consistent with the information regarding the operations that was
used to conduct the modeling with regard to the permit to install
application. The annual report to the director shall be in lieu of an
emission limit or other permit terms and conditions imposed pursuant
to division
(F)(4)
(E)(4)

of this section. The director may consider any significant departure
from the operations of the source described in the permit to install
application that results in greater emissions than the emissions rate
modeled to determine the ground level concentration as a modification
and require the owner or operator to submit a permit to install
application for the increased emissions. The requirements established
in division
(F)(4)(d)
(E)(4)(d)

of this section are not federally enforceable requirements and, if
included in a Title V permit, shall be placed in the portion of the
permit that is only enforceable by the state.

(e)
Division
(F)(4)
(E)(4)

of this section and the document entitled "Review of New Sources
of Air Toxics Emissions, Option A" shall not be included in the
state implementation plan under section 110 of the federal Clean Air
Act and do not apply to an air contaminant source that is subject to
a maximum achievable control technology standard or residual risk
standard under section 112 of the federal Clean Air Act, to a
particular air contaminant identified under 40 C.F.R. 51.166,
division (b)(23), for which the director has determined that the
owner or operator of the source is required to install best available
control technology for that particular air contaminant, or to a
particular air contaminant for which the director has determined that
the source is required to meet the lowest achievable emission rate,
as defined in 40 C.F.R. part 51, Appendix S, for that particular air
contaminant.

(f)(i)
Division
(F)(4)
(E)(4)

of this section and the document entitled "Review of New Sources
of Air Toxics Emissions, Option A" do not apply to parking lots,
storage piles, storage tanks, transfer operations, grain silos, grain
dryers, emergency generators, gasoline dispensing operations, air
contaminant sources that emit air contaminants solely from the
combustion of fossil fuels, or the emission of wood dust, sand, glass
dust, coal dust, silica, and grain dust.

(ii)
Notwithstanding division
(F)(4)(f)(i)
(E)(4)(f)(i)

of this section, the director may require an individual air
contaminant source that is within one of the source categories
identified in division
(F)(4)(f)(i)
(E)(4)(f)(i)

of this section to submit information in an application for a permit
to install a new or modified source in order to determine the
source's conformity to the document if the director has information
to conclude that the particular new or modified source will
potentially cause an increase in ground level concentration beyond
the facility's boundary that exceeds the maximum acceptable ground
level concentration as set forth in the document.

(iii)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code that are consistent with the purposes of this chapter
and that add to or delete from the source category exemptions
established in division (F)(4)(f)(i) of this section.

(5)
Not later than one year after August 3, 2006, the director shall
adopt rules in accordance with Chapter 119. of the Revised Code
specifying activities that do not, by themselves, constitute
beginning actual construction activities related to the installation
or modification of an air contaminant source for which a permit to
install is required such as the grading and clearing of land, on-site
storage of portable parts and equipment, and the construction of
foundations or buildings that do not themselves emit air
contaminants. The rules also shall allow specified initial activities
that are part of the installation or modification of an air
contaminant source, such as the installation of electrical and other
utilities for the source, prior to issuance of a permit to install,
provided that the owner or operator of the source has filed a
complete application for a permit to install, the director or the
director's designee has determined that the application is complete,
and the owner or operator of the source has notified the director
that this activity will be undertaken prior to the issuance of a
permit to install. Any activity that is undertaken by the source
under those rules shall be at the risk of the owner or operator. The
rules shall not apply to activities that are precluded prior to
permit issuance under section 111, section 112, Part C of Title I,
and Part D of Title I of the federal Clean Air Act.

(G)
(F)

Adopt, modify, suspend, and rescind rules prohibiting the operation
or other use of any new, modified, or existing air contaminant source
unless an operating permit has been obtained from the director or the
director's authorized representative
,
or the air contaminant source is being operated in compliance with
the conditions of a variance issued pursuant to division (H) of this
section
.
Applications for operating permits shall be accompanied by such
plans, specifications, and other pertinent information as the
director may require. Operating permits may be issued for a period
determined by the director not to exceed ten years, are renewable,
and are transferable. The director shall specify in each operating
permit that the permit is conditioned upon payment of the applicable
fees as required by section 3745.11 of the Revised Code and upon the
right of the director's authorized representatives to enter upon the
premises of the person to whom the permit has been issued, at any
reasonable time and subject to safety requirements of the person in
control of the premises, for the purpose of determining compliance
with this chapter, the rules adopted thereunder, and the conditions
of any permit, variance, or order issued thereunder. Operating
permits may be denied or revoked for failure to comply with this
chapter or the rules adopted thereunder. An operating permit shall be
issued only upon a showing satisfactory to the director or the
director's representative that the air contaminant source is being
operated in compliance with applicable emission standards and other
rules or upon submission of a schedule of compliance satisfactory to
the director for a source that is not in compliance with all
applicable requirements at the time of permit issuance, provided that
the compliance schedule shall be consistent with and at least as
stringent as that contained in any judicial consent decree or
administrative order to which the air contaminant source is subject.
The rules shall provide for the issuance of conditional operating
permits for such reasonable periods as the director may determine to
allow the holder of an installation permit, who has constructed,
installed, located, or modified a new air contaminant source in
accordance with the provisions of an installation permit, to make
adjustments or modifications necessary to enable the new air
contaminant source to comply with applicable emission standards and
other rules. Terms and conditions of operating permits issued
pursuant to this division shall be federally enforceable for the
purpose of establishing the potential to emit of a stationary source
and shall be expressly designated as federally enforceable. Any such
federally enforceable restrictions on a source's potential to emit
shall include both an annual limit and a short-term limit of not more
than thirty days for each pollutant to be restricted together with
adequate methods for establishing compliance with the restrictions.
In other respects, operating permits issued pursuant to this division
are enforceable as state law only. No application shall be denied or
permit revoked or modified without a written order stating the
findings upon which denial, revocation, or modification is based. A
copy of the order shall be sent to the applicant or permit holder by
certified mail.

(H)
Adopt, modify, and rescind rules governing the issuance, revocation,
modification, or denial of variances that authorize emissions in
excess of the applicable emission standards.

(G)

No
variance shall be issued except pursuant to
those
rules
rule
.
The rules shall
prescribe
conditions and criteria in furtherance of the purposes of this
chapter and consistent with the federal Clean Air Act governing
eligibility for issuance of variances, which shall include
establish

all
of the following:

(1)
Provisions requiring consistency of emissions authorized by a
variance with timely attainment and maintenance of ambient air
quality standards;

(2)
Provisions prescribing the classes and categories of air contaminants
and air contaminant sources for which variances may be issued;

(3)
Provisions defining the circumstances under which an applicant shall
demonstrate that compliance with applicable emission standards is
technically infeasible, economically unreasonable, or impossible
because of conditions beyond the control of the applicant
;

(4)
Other provisions prescribed in furtherance of the goals of this
chapter
.

The
rules shall prohibit the issuance of variances from any emission
limitation that was applicable to a source pursuant to an
installation permit and shall prohibit issuance of variances that
conflict with the federal Clean Air Act.

Applications
for variances shall be accompanied by such information as the
director may require. In issuing variances, the director may order
the person to whom a variance is issued to furnish plans and
specifications and such other information and data, including interim
reports, as the director may require and to proceed to take such
action within such time as the director may determine to be
appropriate and reasonable to prevent, control, or abate the person's
existing emissions of air contaminants. The director shall specify in
each variance that the variance is conditioned upon payment of the
applicable fees as required by section 3745.11 of the Revised Code
and upon the right of the director's authorized representatives to
enter upon the premises of the person to whom the variance has been
issued, at any reasonable time and subject to safety requirements of
the person in control of the premises, for the purpose of determining
compliance with this chapter, the rules adopted thereunder, and the
conditions of any permit, variance, or order issued thereunder.

The
director may hold a public hearing on an application for a variance
or renewal thereof at a location in the county where the variance is
sought. The director shall give not less than twenty days' notice of
the hearing to the applicant by certified mail or another type of
mail accompanied by a receipt. The director also shall cause at least
one publication of notice in a newspaper with general circulation in
the county where the variance is sought or may instead provide public
notice by publication on the environmental protection agency's web
site. The director shall keep available for public inspection at the
principal office of the environmental protection agency a current
schedule of pending applications for variances and a current schedule
of pending variance hearings. The director shall make a complete
stenographic record or electronic record of testimony and other
evidence submitted at the hearing. The director shall make a written
determination to issue, renew, or deny the variance and shall enter
the determination and the basis therefor into the record of the
hearing. The director shall issue, renew, or deny an application for
a variance or renewal thereof, or issue a proposed action upon the
application pursuant to section 3745.07 of the Revised Code, within
six months of the date upon which the director receives a complete
application with all pertinent information and data required by the
director.

Any
variance granted pursuant to rules adopted under this division shall
be for a period specified by the director, not to exceed three years,
and may be renewed from time to time on such terms and for such
periods, not to exceed three years each, as the director determines
to be appropriate. A variance may be revoked, or renewal denied, for
failure to comply with conditions specified in the variance. No
variance shall be issued, denied, revoked, or modified without a
written order stating the findings upon which the issuance, denial,
revocation, or modification is based. A copy of the order shall be
sent to the applicant or variance holder by certified mail.

(I)
(H)

Require the owner or operator of an air contaminant source to
install, employ, maintain, and operate such emissions, ambient air
quality, meteorological, or other monitoring devices or methods as
the director shall prescribe; to sample those emissions at such
locations, at such intervals, and in such manner as the director
prescribes; to maintain records and file periodic reports with the
director containing information as to location, size, and height of
emission outlets, rate, duration, and composition of emissions, and
any other pertinent information the director prescribes; and to
provide such written notice to other states as the director shall
prescribe. In requiring monitoring devices, records, and reports, the
director, to the extent consistent with the federal Clean Air Act,
shall give consideration to technical feasibility and economic
reasonableness and allow reasonable time for compliance. For sources
where a specific monitoring, record-keeping, or reporting requirement
is specified for a particular air contaminant from a particular air
contaminant source in an applicable regulation adopted by the United
States environmental protection agency under the federal Clean Air
Act or in an applicable rule adopted by the director, the director
shall not impose an additional requirement in a permit that is a
different monitoring, record-keeping, or reporting requirement other
than the requirement specified in the applicable regulation or rule
for that air contaminant except as otherwise agreed to by the owner
or operator of the air contaminant source and the director. For
sources where no specific monitoring requirement is specified for a
particular air contaminant from a particular air contaminant source
in an applicable regulation adopted by the United States
environmental protection agency under the federal Clean Air Act or in
an applicable rule adopted by the director, the director shall not
impose a monitoring requirement in a permit that requires community
air monitoring, except as otherwise agreed to by the owner or air
operator of the air contaminant source and the director. If two or
more regulations or rules impose different monitoring,
record-keeping, or reporting requirements for the same air
contaminant from the same air contaminant source, the director may
impose permit terms and conditions that consolidate or streamline the
monitoring, record-keeping, or reporting requirements in a manner
that conforms with each applicable requirement. To the extent
consistent with the federal Clean Air Act and except as otherwise
agreed to by the owner or operator of an air contaminant source and
the director, the director shall not require an operating restriction
that has the practical effect of increasing the stringency of an
existing applicable emission limitation or standard.

(J)
(I)

Establish, operate, and maintain monitoring stations and other
devices designed to measure air pollution and enter into contracts
with any public or private agency for the establishment, operation,
or maintenance of such stations and devices, except that the director
shall not enter into contracts with any private agency for the
establishment, operation, or maintenance of community air monitoring
where the intended use of the data produced by such monitoring
stations and other devices would violate
divisions

division

(B)
or (C) of section 3704.09 of the Revised Code;

(K)
(J)

By rule adopt procedures for giving reasonable public notice and
conducting public hearings on any plans for the prevention, control,
and abatement of air pollution that the director is required to
submit to the federal government;

(L)
(K)

Through any employee, agent, or authorized representative of the
director or the environmental protection agency, enter upon private
or public property, including improvements thereon, at any reasonable
time, to make inspections, take samples, conduct tests, and examine
records or reports pertaining to any emission of air contaminants and
any monitoring equipment or methods and to determine if there are any
actual or potential emissions from such premises and, if so, to
determine the sources, amounts, contents, and extent of those
emissions, or to ascertain whether there is compliance with this
chapter, any orders issued or rules adopted thereunder, or any other
determination of the director. The director, at reasonable times, may
have access to and copy any such records. If entry or inspection
authorized by this division is refused, hindered, or thwarted, the
director or the director's authorized representative may by affidavit
apply for, and any judge of a court of record may issue, an
appropriate inspection warrant necessary to achieve the purposes of
this chapter within the court's territorial jurisdiction.

(M)
(L)

Accept and administer gifts or grants from the federal government and
from any other source, public or private, for carrying out any of the
functions under this chapter;

(N)
(M)

Obtain necessary scientific, technical, and laboratory services;

(O)
(N)

Establish advisory boards in accordance with section 121.13 of the
Revised Code;

(P)
(O)

Delegate to any city or general health district or political
subdivision of the state any of the director's enforcement and
monitoring powers and duties, other than rule-making powers, as the
director elects to delegate, and in addition employ, compensate, and
prescribe the powers and duties of such officers, employees, and
consultants as are necessary to enable the director to exercise the
authority and perform duties imposed upon the director by law.
Technical and other services shall be performed, insofar as
practical, by personnel of the environmental protection agency.

(Q)
(P)

Certify to the government of the United States or any agency thereof
that an industrial air pollution facility is in conformity with the
state program or requirements for control of air pollution whenever
such certificate is required for a taxpayer pursuant to any federal
law or requirements;

(R)
(Q)

Issue, modify, or revoke orders requiring abatement of or prohibiting
emissions that violate applicable emission standards or other
requirements of this chapter and rules adopted thereunder, or
requiring emission control devices or measures in order to comply
with applicable emission standards or other requirements of this
chapter and rules adopted thereunder. Any such order shall require
compliance with applicable emission standards by a specified date and
shall not conflict with any requirement of the federal Clean Air Act.
In the making of such orders, the director, to the extent consistent
with the federal Clean Air Act, shall give consideration to, and base
the determination on, evidence relating to the technical feasibility
and economic reasonableness of compliance with such orders and their
relation to benefits to the people of the state to be derived from
such compliance. If, under the federal Clean Air Act, any such order
shall provide for the posting of a bond or surety to secure
compliance with the order as a condition of issuance of the order,
the order shall so provide, but only to the extent required by the
federal Clean Air Act.

(S)
(R)

To the extent provided by the federal Clean Air Act, adopt, modify,
and rescind rules providing for the administrative assessment and
collection of monetary penalties, not in excess of those required
pursuant to the federal Clean Air Act, for failure to comply with any
emission limitation or standard, compliance schedule, or other
requirement of any rule, order, permit, or variance issued or adopted
under this chapter or required under the applicable implementation
plan whether or not the source is subject to a federal or state
consent decree. The director may require the submission of compliance
schedules, calculations of penalties for noncompliance, and related
information. Any orders, payments, sanctions, or other requirements
imposed pursuant to rules adopted under this division shall be in
addition to any other permits, orders, payments, sanctions, or other
requirements established under this chapter and shall not affect any
civil or criminal enforcement proceedings brought under any provision
of this chapter or any other provision of state or local law. This
division does not apply to any requirement of this chapter regarding
the prevention or abatement of odors.

(T)
(S)

Require new or modified air contaminant sources to install best
available technology, but only in accordance with this division. With
respect to permits issued pursuant to division
(F)
(E)

of this section beginning three years after August 3, 2006, best
available technology for air contaminant sources and air contaminants
emitted by those sources that are subject to standards adopted under
section 112, Part C of Title I, and Part D of Title I of the federal
Clean Air Act shall be equivalent to and no more stringent than those
standards. For an air contaminant or precursor of an air contaminant
for which a national ambient air quality standard has been adopted
under the federal Clean Air Act, best available technology only shall
be required to the extent required by rules adopted under Chapter
119. of the Revised Code for permit to install applications filed
three or more years after August 3, 2006.

Best
available technology requirements established in rules adopted under
this division shall be expressed only in one of the following ways
that is most appropriate for the applicable source or source
categories:

(1)
Work practices;

(2)
Source design characteristics or design efficiency of applicable air
contaminant control devices;

(3)
Raw material specifications or throughput limitations averaged over a
twelve-month rolling period;

(4)
Monthly allowable emissions averaged over a twelve-month rolling
period.

Best
available technology requirements shall not apply to an air
contaminant source that has the potential to emit, taking into
account air pollution controls installed on the source, less than ten
tons per year of emissions of an air contaminant or precursor of an
air contaminant for which a national ambient air quality standard has
been adopted under the federal Clean Air Act. In addition, best
available technology requirements established in rules adopted under
this division shall not apply to any existing, new, or modified air
contaminant source that is subject to a plant-wide applicability
limit that has been approved by the director. Further, best available
technology requirements established in rules adopted under this
division shall not apply to general permits issued prior to January
1, 2006, under rules adopted under this chapter.

For
permits to install issued three or more years after August 3, 2006,
any new or modified air contaminant source that has the potential to
emit, taking into account air pollution controls installed on the
source, ten or more tons per year of volatile organic compounds or
nitrogen oxides shall meet, at a minimum, the requirements of any
applicable reasonably available control technology rule in effect as
of January 1, 2006, regardless of the location of the source.

(U)
Consistent with section 507 of the federal Clean Air Act, adopt,
modify, suspend, and rescind rules for the establishment of a small
business stationary source technical and environmental compliance
assistance program as provided in section 3704.18 of the Revised
Code;

(V)
(T)

Provide for emissions trading, marketable permits, auctions of
emission rights, and economic incentives that would reduce the cost
or increase the efficiency of achieving a specified level of
environmental protection;

(W)
(U)

Provide for the construction of an air contaminant source prior to
obtaining a permit to install pursuant to division
(F)
(E)

of this section if the applicant demonstrates that the source will be
installed to comply with all applicable emission limits and will not
adversely affect public health or safety or the environment and if
the director determines that such an action will avoid an
unreasonable hardship on the owner or operator of the source. Any
such determination shall be consistent with the federal Clean Air
Act.

(X)
Exercise all incidental powers, including adoption of rules, required
to carry out this chapter.

The
environmental protection agency shall develop a plan to control air
pollution resulting from state-operated facilities and property.

Sec.
3704.031.
(A)
Except as provided in division (B) of this section, prior to issuance
or renewal of a permit or a variance under division
(F),
(G),
(E)

or
(H)
(F)

of section 3704.03 of the Revised Code, the director of environmental
protection may require the applicant to install such equipment and
conduct such tests and analyses as the director finds reasonable and
necessary to determine adequately the amount and content of any
emissions from such sources, the ambient air quality at the proposed
site and in areas that may be affected by emissions from such
sources, and any violation or potential violation of Chapter 3704. of
the Revised Code, or the regulations or orders promulgated
thereunder.

(B)
Prior to the issuance or renewal of a permit or a variance under
division
(F),
(G),
(E)

or
(H)
(F)

of section 3704.03 of the Revised Code, the director shall not
require an applicant to conduct community air monitoring.

Sec.
3704.034.
(A)
Within sixty days after the director of environmental protection or
the director's agent or authorized representative receives an
application for the issuance of an initial permit to operate, or for
the modification or renewal of such a permit, pursuant to rules
adopted under division
(G)
(F)

of section 3704.03 of the Revised Code, the director shall determine
whether the application is substantially complete or materially
deficient and, in writing, shall notify the applicant of the
director's determination. If the director fails to make such a
completeness determination and provide written notice of the
determination to the applicant within sixty days after the
application was submitted, the applicant may submit a written request
to the director for the making of such a completeness determination.

(B)
Within thirty days after receiving a written request for the making
of a completeness determination on an application under division (A)
of this section, the director shall determine whether the application
is substantially complete or materially deficient and, in writing,
notify the applicant of the determination. If the director fails to
make a completeness determination and provide written notice of the
director's determination to the applicant within thirty days after
receiving the applicant's written request for the making of the
determination, the application shall be deemed to have been complete
in all material respects at the time that it was submitted to the
director or the director's agent or authorized representative.

(C)
If, within the time prescribed in division (A) and, if applicable,
division (B) of this section, the director determines that an
application is materially deficient, the director shall return the
application to the applicant together with the written notice of
material deficiency. The running of the time prescribed under
division (A) and, if applicable, division (B) of this section ceases
at the time that the determination is made. If the applicant
subsequently resubmits the application to the director, the time
prescribed in division (A) of this section and, if applicable,
division (B) of this section shall resume running at the time that
the application is resubmitted. The resubmission of the application
constitutes a request for the making of a completeness determination
on the application. The director shall do one of the following within
the time remaining pursuant to division (A) and, if applicable,
division (B) of this section at the time that the application is
resubmitted:

(1)
Make a completeness determination on the application and, in writing,
notify the applicant of the determination;

(2)
Issue or deny or propose to issue or deny the permit, modification,
or renewal.

(D)
The director shall include in each written notice of the completeness
of an application provided under division (A), (B), or (C)(1) of this
section the date on which the application was determined to be
complete.

(E)
The director shall issue or deny or propose to issue or deny an
initial permit to operate, or a modification or renewal of such a
permit, pursuant to rules adopted under division
(G)
(F)

of section 3704.03 of the Revised Code within one hundred eighty days
after the date that the application for the permit, modification, or
renewal was determined to be complete as that date is set forth in
the written notice of the determination of the completeness of the
application provided under division (A), (B), or (C)(1) of this
section or within one hundred eighty days after the application is
deemed to be complete under division (B) of this section, as
appropriate. If the director fails to issue or deny or propose to
issue or deny the permit, modification, or renewal within the
appropriate one-hundred-eighty-day period, the applicant may bring a
mandamus action to obtain a judgment that orders the director to take
a final action on the application.

(F)
The director, upon the director's own motion or upon the written
request of the applicant and in writing, may extend the time provided
under division (E) of this section for issuing or denying or
proposing to issue or deny the permit, modification, or renewal for
an additional sixty days if a public informational meeting or public
hearing was held on the application for the permit, modification, or
renewal.

(G)
Upon the written request of the applicant, the director, in writing,
may extend the time provided under division (E) of this section for
issuing or denying or proposing to issue or deny the permit,
modification, or renewal for the additional time specified in the
applicant's request for the extension.

(H)
Upon the written request of the person responsible for a facility,
the director may consolidate or group applications for the issuance
of permits pursuant to rules adopted under division
(G)
(F)

of section 3704.03 of the Revised Code, or modifications or renewals
of those permits, for individual air contaminant sources located at
the facility in order to reduce the unnecessary paperwork and
administrative burden to the applicant and the director in connection
with the issuance of those permits, modifications, and renewals. Fees
payable to the director under section 3745.11 of the Revised Code
shall not be reduced by reason of any such consolidation or grouping
of applications for permits, modifications, or renewals.

Sec.
3704.035.
(A)
There is hereby created in the state treasury the Title V clean air
fund. Except as otherwise provided in division (K) of section 3745.11
of the Revised Code, all moneys collected under division (B) of that
section, and any gifts, grants, or contributions received by the
director of environmental protection for the purposes of the fund,
shall be credited to the fund.

The
director shall expend all moneys credited to the fund solely to
administer and enforce the Title V program pursuant to the federal
Clean Air Act, this chapter, and rules adopted under it, except as
costs relating to enforcement are limited by the federal Clean Air
Act. The director shall establish separate and distinct accounting
for all such moneys.

(B)
There is hereby created in the state treasury the non-Title V clean
air fund. All money collected under section 3710.15 and divisions
(D), (F), (G), (H), (I), and (J) of section 3745.11 of the Revised
Code shall be credited to the fund. In addition, any gifts, grants,
or contributions received by the director for the purposes of the
fund shall be credited to the fund.

The
director shall expend money in the fund exclusively to pay the cost
of administering and enforcing the laws of this state pertaining to
the prevention, control, and abatement of air pollution, the
prevention, control, and abatement of asbestos, rules adopted under
those laws, and terms and conditions of permits, variances, and
orders issued under those laws, and asbestos abatement licensure and
certification issued under those laws. However, the director shall
not expend money credited to the fund for the administration and
enforcement of the Title V permit program established under this
chapter and rules adopted under it or motor vehicle inspection and
maintenance programs established under sections 3704.14,
3704.141,

3704.16,
3704.161, and 3704.162 of the Revised Code.

(C)
The director shall report biennially to the general assembly the
amounts of fees and other moneys credited to the funds under this
section and the amounts expended from them for each of the various
air pollution control programs.

Sec.
3704.036.
(A)
The director of environmental protection shall develop and administer
a federally approvable Title V permit program and shall take all
necessary and appropriate action to implement, through the issuance
of Title V permits, applicable requirements of the federal Clean Air
Act. Title V permits shall be required only for major sources and
affected sources, as defined in 40 C.F.R. 70.2, and solid waste
incineration units required to obtain a permit under section 129 (e)
of the federal Clean Air Act unless the administrator extends the
obligation to obtain a Title V permit to other sources.

The
Title V permit program does not apply to research and development
sources whose emissions do not exceed the requirements of 40 C.F.R.
70.3 (a)(1) or any facility or air contaminant source authorized by
40 C.F.R. 70.3 (b) to be exempt from the obligation to obtain a Title
V permit. A source that obtains a Title V permit shall not be
required to obtain any other operating permit under this chapter and
rules adopted under it.

Federally
enforceable requirements shall be identified separately in Title V
permits. The director may include in those permits reasonable and
lawful terms and conditions necessary to ensure compliance with this
chapter and rules adopted under it that are not federally enforceable
requirements, provided that those terms and conditions are clearly
separated from federally enforceable requirements and the Title V
permits state that those terms and conditions are not federally
enforceable.

(B)
The director shall adopt, and may amend, suspend, and rescind,
the

rules

to
facilitate the implementation, supervision, administration, and
operation of
described
under this division for
the
Title V permit program

that are
.
The rules shall be
consistent
with, and no more stringent than, the requirements of Title V of the
federal Clean Air Act and 40 C.F.R. part 70. The rules shall
establish
at
least
all
of the following:

(1)
Definitions of the following terms, which shall be consistent with
and no more stringent than the definitions in 40 C.F.R. part 70:
"administrative permit amendment," "affected source,"
"applicable requirement," "emergency," "emissions
unit," "fugitive emissions," "major source,"
"major stationary source," "potential to emit,"
"regulated air pollutant," and "stationary source;"

(2)
Provisions for minor modifications and operational flexibility that
minimize administrative burdens on a source and ensure maximum
operational flexibility consistent with the federal Clean Air Act and
regulations adopted under it;

(3)
Provisions for administrative Title V permit amendments. The rules
shall require the director to approve or disapprove an administrative
permit amendment in accordance with all of the following:

(a)
The director shall take not more than sixty days from receipt of a
request for an administrative permit amendment to issue a final
action on the request in accordance with the procedures specified in
40 C.F.R. 70.7 (d).

(b)
Chapter 119. and sections 3704.04 and 3745.07 of the Revised Code do
not apply to administrative permit amendments under division (B)(3)
of this section.

(c)
The director's determination under division (B)(3) of this section is
a final action appealable to the environmental review appeals
commission under section 3745.04 of the Revised Code.

(4)
Provisions for exemption of insignificant air contaminant sources
from inclusion in the Title V permit program. To the extent
consistent with the federal Clean Air Act, the exemptions shall
include, at a minimum, all source categories that are excluded from
the requirements to obtain installation permits and operating permits
pursuant to divisions
(F)
(E)

and
(G)
(F)

of section 3704.03 of the Revised Code and any source categories
specifically exempted under 40 C.F.R. part 70 and also shall include,
to the extent consistent with the federal Clean Air Act, any air
contaminant sources with the potential to emit not more than five
tons per year of a federally regulated air pollutant other than
hazardous air pollutants and not more than twenty per cent of an
applicable major source threshold under the federal Clean Air Act.

(5)
Provisions to implement the permit shield permitted by the Federal
Clean Air Act to the extent consistent with that act and regulations
adopted under it, including at least provisions by which a Title V
permit applicant may request the director to make a determination
whether a provision or class of requirements of that act is
applicable to the applicant's air contaminant source. Any such
determination made by the director shall be specified in the
applicant's Title V permit.

The
director may adopt, amend, suspend, and rescind such other rules as
are necessary for a federally approvable Title V permit program,
which shall be consistent with, and no more stringent than, the
requirements of Title V of the federal Clean Air Act and 40 C.F.R.
part 70.

(C)
Applications for initial Title V permits shall be submitted not less
than one year after the director adopts rules under division (B) of
this section for the implementation of the Title V permit program.
New facilities that are required to obtain a Title V permit shall
submit a complete Title V permit application not later than one year
after the date of commencement of operation.

Title
V permits shall not become effective prior to approval of the Title V
permit program by the administrator pursuant to section 502 of the
federal Clean Air Act.

Title
V permits, except for permits that contain acid rain provisions
pursuant to Title IV of the federal Clean Air Act and permits issued
for solid waste incineration units combusting municipal waste that
are subject to section 129 (e) of the federal Clean Air Act, may be
issued for a period determined by the director not to exceed five
years, are renewable, and are transferable. Title V permits that
contain acid rain provisions pursuant to Title IV of the federal
Clean Air Act shall be issued for a fixed term of five years. Title V
permits for solid waste incineration units combusting municipal waste
that are subject to section 129 (e) of the federal Clean Air Act may
be issued for a period to be determined by the director not to exceed
twelve years and are renewable. If such permits are issued for a
period longer than five years, they shall be reviewed by the director
at least once every five years to determine compliance with the
permit requirements and to incorporate any new requirements
established during the previous five years.

(D)
A complete Title V permit application is one that contains all the
information, consistent with 40 C.F.R. 70.5 (c), needed to begin
processing the application and a certification by a responsible
official of the truth, accuracy, and completeness of the information
in the application, based upon information and belief formed after
reasonable inquiry by the responsible official. Unless the director
determines within sixty days after receipt of the application that
the application is not complete, the application shall be deemed to
be complete.

If,
during the processing of an application before or after it has been
determined or deemed to be complete, the director determines that
additional information is necessary in order to evaluate or take
final action on the application, the director may request that
information in writing from the applicant. Any such request by the
director shall identify the information requested with reasonable
specificity and shall provide a reasonable time, not less than
fifteen days, for the applicant's submission of the requested
information.

If
an applicant fails to make a good faith and timely response to a
request for additional information under this division with regard to
an application that the director believes to be incomplete, the
director shall offer to meet with the applicant within seven days
after issuance of a letter for failure to submit the requested
information. If the meeting or meeting offer fails to obtain a
complete application from the applicant, the director, without prior
hearing, shall make a final determination that the application is not
complete. Any such determination shall not become effective until
twenty days after notice of the determination is sent to the
applicant by certified mail. An incompleteness determination by the
director may be appealed in accordance with section 3745.04 of the
Revised Code, except that if the notice of appeal is timely filed and
is accompanied by an application for stay, the stay shall become
effective upon filing and shall continue until such time as the
environmental review appeals commission rules on the merits of the
stay. The commission shall conduct an immediate hearing and
determination on the application for stay without interruption by
continuances, other than for unavoidable circumstances. If the
commission grants the stay, it immediately shall conduct the hearing
on the merits and determine the appeal without interruption by
continuances, other than for unavoidable circumstances.

(E)
The director expressly shall include permit shield provisions for
each Title V permit in accordance with the following requirements:

(1)
Except as provided in this section, the director shall expressly
include in a Title V permit a provision stating that compliance with
the conditions of the permit shall be deemed to be compliance with
any applicable requirements as of the date of permit issuance,
provided that either:

(a)
The applicable requirements are included and are specifically
identified in the permit;

(b)
The director, in acting on the permit application or revision,
determines in writing that other requirements specifically identified
are not applicable to the facility, and the permit includes the
determination or a concise summary of it.

(2)
Nothing in division (E) of this section or in any Title V permit
shall alter or affect any of the following:

(a)
The provisions of section 303 of the federal Clean Air Act, including
the authority of the administrator under that section;

(b)
The liability of an owner or operator of a facility for any violation
of applicable requirements prior to or at the time of permit
issuance;

(c)
The applicable requirements of the acid rain program, consistent with
section 408 (a) of the federal Clean Air Act;

(d)
The ability of the administrator to obtain information from a
facility pursuant to section 114 of the federal Clean Air Act.

(F)(1)
Title V permit applications shall be acted upon by the director in
accordance with Chapters 119. and 3745. of the Revised Code and with
40 C.F.R. 70.8. If a Title V permit expires after a complete and
timely renewal application has been filed with the director, all
provisions and authorizations of the expired permit shall remain in
effect until the director's final action on the pending renewal
application. The director's failure to take action on a Title V
permit application or permit renewal or modification application
within the deadlines specified in the federal Clean Air Act or in 40
C.F.R. part 70 shall be a final action appealable to the
environmental review appeals commission under section 3745.04 of the
Revised Code.

(2)
The director shall not issue a Title V permit if the administrator
timely objects to its issuance under 40 C.F.R. 70.8 (c) or (d).

(3)
The director may modify, revoke, or revoke and reissue a Title V
permit for cause. The director shall modify, revoke, or revoke and
reissue a Title V permit if requested to do so by the administrator
under 40 C.F.R. 70.8 (d).

(G)
A Title V permit applicant may request a single permit for a
stationary source with multiple Title V emissions units or may
request separate permits for any one or more emissions units at the
same stationary source required to have a Title V permit. The
director shall honor all such requests.

Upon
written request of a Title V permit applicant, the director shall
make a determination of the applicability or inapplicability of any
provision or class of requirements under the federal Clean Air Act to
an emissions unit or stationary source and shall include that
determination or a concise summary of it in the applicant's Title V
permit.

(H)
A Title V permit applicant may request a permit that accommodates
multiple operating scenarios and anticipated changes in emissions
during the term of a permit at a specified facility. The director
shall include in a Title V permit all operating scenarios and
anticipated changes in emissions for which an application has been
made unless the operating scenarios or emissions are prohibited by
federally enforceable requirements. The director may include in a
Title V permit such monitoring and recordkeeping requirements as may
be reasonably necessary to verify that any authorized operating
scenario complies with federally enforceable requirements. In
imposing any such requirements, the director shall consider and
minimize, to the extent practicable, the administrative burdens that
the monitoring will impose on the source.

(I)
The director, by rule or order on a class of similar permit
applications, may issue a general permit covering numerous similar
facilities or air contaminant sources. Any such general permit shall
comply with all substantive requirements applicable to conventional
Title V permits. A general permit shall apply to the owner or
operator of a facility or air contaminant source only upon
application of the owner or operator to the director.

(J)
The director may issue a single Title V permit authorizing emissions
from similar operations at multiple temporary locations within the
state, provided that the permit ensures compliance with all federally
enforceable requirements and with 40 C.F.R. 70.6 (e) at all
authorized locations. Any such permit shall require the owner or
operator to notify the director in advance of each change in
location.

(K)
A Title V permit shall address all existing federally enforceable
requirements applicable to the permitted facility and shall not
impose new substantive requirements beyond the federally enforceable
requirements except for terms and conditions that are identified as
not federally enforceable as provided in division (A) of this
section. A Title V permit shall specify the regulatory citation for
federal requirements addressed in the permit and shall identify any
difference in form as compared to the federally enforceable
requirement on which it is based.

If
the applicant for a Title V permit proposes an alternative emission
limit as provided under division
(E)
(D)

of section 3704.03 of the Revised Code, and if the director
determines that the alternative emission limit is equivalent to an
emission limit adopted under that division, the alternative emission
limit shall be included in the Title V permit together with
provisions to ensure that any resulting emission limit has been
demonstrated to be quantifiable, accountable, enforceable, and based
on replicable procedures. Any such alternative emission limit shall
not take effect if the administrator timely objects to it in
accordance with division (F)(2) of this section.

(L)
The director shall take all necessary and appropriate action to do
both of the following:

(1)
Issue Title V permits for affected sources consistent with the
requirements of Title IV of the federal Clean Air Act;

(2)
Implement, through Title V permits, applicable requirements of
section 112 of the federal Clean Air Act.

(M)
The director shall develop procedures for the Title V permit program
such that the program shall minimize procedural burdens and maximize
source operational flexibility to the extent consistent with the
federal Clean Air Act.

(N)
A Title V permit shall not apply to a physical, operational, or other
change that is not a change within a permitted facility. A Title V
permittee shall provide simultaneous written notice to the director
and the administrator of each such off-permit change that is not
addressed or prohibited by the federally enforceable portion of the
Title V permit, except that no notice is required for off-permit
changes that qualify as insignificant under rules adopted under
division (B)(4) of this section.

(O)
The director shall adopt rules doing both of the following:

(1)
Establishing procedures under which any air contaminant source may
assume federally enforceable restrictions on its emissions rates,
operating rates, hours of operation, or other parameters that are
more stringent than those limitations that ordinarily would apply to
the source in order to limit the potential of the source to emit;

(2)
To the maximum extent possible consistent with federal law, allowing
such a source to impose the limitations described in division (O)(1)
of this section on its operations unilaterally without further action
by the director or approval from the United States environmental
protection agency and otherwise minimizing the time required to
effectuate such federally enforceable limits.

Until
the director adopts rules under division (O) of this section, the
owner or operator of an air contaminant source or sources may submit
an application for a permit or permit modification pursuant to
division
(G)
(F)

of section 3704.03 of the Revised Code with federally enforceable
terms and conditions to limit the potential to emit of the source or
sources to less than the major source emission thresholds defined in
40 C.F.R. 70.2. The application shall identify both an annual limit
and a short-term limit of not more than thirty days for each
pollutant to be restricted together with adequate methods for
establishing compliance with the limits. Upon submission of the
application, the limits shall be federally enforceable against the
applicant. The application shall be signed by a responsible official
and submitted simultaneously to the director and the administrator.
The director shall act on the application in accordance with Chapters
119. and 3745. of the Revised Code.

Sec.
3704.037.
(A)
The director of environmental protection shall formulate and
implement a tiered permitting system for air contaminant sources that
categorizes, prioritizes, and expedites review of, and final action
on, applications for installation permits and operating permits
issued pursuant to divisions
(F)
(E)

and
(G)
(F)

of section 3704.03 of the Revised Code, respectively. The tiered
permitting system shall include at least exemptions, registration
status, permits-by-rule, and general permits. The director may issue
general permits to install and permits to operate, and
permits-by-rule, containing terms and conditions that apply to types
of air contaminant sources specified by the director that have
sufficiently similar characteristics to warrant substantially
identical installation permits and operating permits.

(B)
Any person may petition the director to exempt a certain source
category from obtaining an installation permit or operating permit
pursuant to division
(F)
(E)

or
(G)
(F)

of section 3704.03 of the Revised Code, respectively, or both. The
petition shall contain all of the technical support necessary to
justify the exemption, including the estimated emissions levels, the
impact on air quality including the impact of any hazardous or toxic
emission, and the effect that granting the exemption would have on
ambient air quality standards. Sources regulated by the United States
environmental protection agency under the new source performance
standards or the hazardous air pollutant standards established
pursuant to the federal Clean Air Act are not eligible for exemption
through petition.

Not
later than one hundred eighty days after receiving a petition, the
director shall notify the petitioner in writing if the petition has
been accepted or rejected and, if rejected, the basis of the
rejection. At least once every two years, the director shall propose
rules containing the exemptions that have been accepted through the
petition process.

Sec.
3704.038.
(A)
The director of environmental protection shall maintain and make
readily available to the public a best available technology
information clearinghouse.

(B)
The director shall make readily available to the public interpretive
guidelines and technical guidance in order to effect technically
sound, consistent, and efficient permit processing under this chapter
and rules adopted under it.

(C)
The director shall develop a training course on the requirements for
the completion of applications for installation permits and the
determination of best available technology pursuant to division

(F)
(E)

of section 3704.03 of the Revised Code. The training course shall be
available to employees of the environmental protection agency,
personnel from local air pollution control agencies, regulated
industry, small businesses, environmental advocacy organizations, and
other interested persons. The director may charge a fee for the
training course in an amount necessary to cover only the actual cost
of the training.

Sec.
3704.039.
Not
later than the first day of March each year, the director of
environmental protection shall prepare and submit to the governor and
the general assembly a report on the timeliness of the issuance of
installation permits pursuant to division
(F)
(E)

of section 3704.03 of the Revised Code for the immediately preceding
year. The report shall include indicators to monitor the processing
of installation permits by the environmental protection agency and a
comparison of the performance of the two previous years. The report
also shall identify the measures that have been taken during the
immediately preceding year to improve the efficiency and timeliness
of the issuance of installation permits and what

acitivities
activities

are planned in the year in which the report is issued to improve that
issuance.

Sec.
3704.04.
The
adoption, modification, and repeal of rules and the issuance,
revocation, modification, and denial of permits and variances under
this chapter shall be in accordance with Chapter 119.
,

and

Chapter 3745.
,
and division (H) of section 3704.03

of the Revised Code.

Sec.
3704.05.
(A)
No person shall cause, permit, or allow emission of an air
contaminant in violation of any rule adopted by the director of
environmental protection under division
(E)
(D)

of section 3704.03 of the Revised Code unless the person is the
holder of a variance that is
issued
under division (H) of that section and
consistent
with the federal Clean Air Act permitting the emission of the
contaminant in excess of that permitted by the rule or the person is
the holder of an operating permit that includes a compliance schedule
issued pursuant to rules adopted under division
(G)
(F)

of section 3704.03 of the Revised Code.

(B)
No person who is the holder of a variance
issued
under division (H) of section 3704.03 of the Revised Code
shall
cause, permit, or allow emission of an air contaminant or
contaminants listed therein in violation of the conditions of the
variance or fail to obey an order of the director issued under
authority of that division.

(C)
No person who is the holder of a permit issued under division
(F)
(E)

or
(G)
(F)

of section 3704.03 of the Revised Code shall violate any of its terms
or conditions.

(D)
No person shall fail to install and maintain monitoring devices or to
submit reports or other information as may be required under division

(I)
(H)

of section 3704.03 of the Revised Code.

(E)
No person to whom a permit or variance has been issued shall refuse
entry to an authorized representative of the director or the
environmental protection agency as provided in division
(L)
(K)

of section 3704.03 of the Revised Code or hinder or thwart the person
in making an investigation.

(F)
No person shall fail to submit plans and specifications as required
by section 3704.03 of the Revised Code.

(G)
No person shall violate any order, rule, or determination of the
director issued, adopted, or made under this chapter.

(H)
No person shall do any of the following:

(1)
Falsify any plans, specifications, data, reports, records, or other
information required to be kept or submitted to the director by this
chapter or rules adopted under it;

(2)
Make any false material statement, representation, or certification
in any form, notice, or report required by the Title V permit
program;

(3)
Render inaccurate any monitoring device required by a Title V permit.

Violation
of division (H)(1), (2), or (3) of this section is not also
falsification under section 2921.13 of the Revised Code.

(I)
No person shall knowingly falsify an inspection certificate submitted
to another under section 3704.14 or Chapter 4503. of Revised Code.
Violation of this division is not also falsification under section
2921.13 of the Revised Code.

(J)
No person shall do either of the following:

(1)
With regard to the Title V permit program, fail to pay any
administrative penalty assessed in accordance with rules adopted
under division
(S)
(R)

of section 3704.03 of the Revised Code or any fee assessed under
section 3745.11 of the Revised Code;

(2)
Violate any applicable requirement of a Title V permit or any permit
condition, except for an emergency as defined in 40 C.F.R. 70.6 (g),
or filing requirement of the Title V permit program, any duty to
allow or carry out inspection, entry, or monitoring activities, or
any rule adopted or order issued by the director pursuant to the
Title V permit program.

(K)
On and after the three hundred sixty-sixth day following the
administrator's final approval of the Title V permit program, or on
and after the three hundred sixty-sixth day following the
commencement of operation of a new major source required to comply
with section 112(g) or part C or D of Title I of the federal Clean
Air Act, whichever is later, no person shall operate any such source
that is required to obtain a Title V permit under section 3704.036 of
the Revised Code or rules adopted under it unless such a permit has
been issued authorizing operation of the source or unless a complete
and timely application for the issuance, renewal, or modification of
a Title V permit for the source has been submitted to the director
under that section.

Sec.
3704.11.
(A)
Sections 3704.01 to 3704.11 of the Revised Code do not limit the
authority a political subdivision of the state has to adopt and
enforce ordinances or regulations relative to the prevention,
control, and abatement of air pollution, except that every such local
ordinance or regulation shall be consistent with Chapter 3704. of the
Revised Code, and shall include emission standards and other
regulations which are not less stringent than the emission standards
and other regulations adopted pursuant to division
(E)
(D)

of section 3704.03 of the Revised Code. Nothing in this section shall
prohibit any such local law from controlling any air contaminant or
source of air contamination which is not subject to control under
regulations of the director of environmental protection.

(B)
No local air pollution control authority shall issue any enforcement
order, grant any permit or variance, or institute any system or
program that conflicts with, or is in any way inconsistent with any
general plan, orders, or regulations of the director.

(C)(1)
Notwithstanding any other provision of Chapter 3704. of the Revised
Code or any rule adopted pursuant thereto, any municipal corporation
or township may issue permits to contractors engaged in the
construction of buildings for the open burning of construction debris
only on the construction site, lot, or recorded plat referred to in
the permit application, if such burning is supervised by an employee
at all times. Construction debris which may be burned under this
section shall be limited to natural wood, lumber, paper, cardboard,
and wooden boxes but not including any product having a rubber or
petroleum base. A municipal corporation or township may make rules
applicable to issuance and use of permits as are reasonably necessary
to guarantee the public health and safety and necessary to ensure the
efficient operation of the permit system, and such rules may contain
a schedule of fees for the permits. A municipal corporation or
township may revoke a permit for violation of any provision of this
section or any rule adopted by the municipal corporation or township
pursuant thereto. Annually, in accordance with a schedule specified
by the director of environmental protection, all municipal
corporations and townships shall report to the director the number of
permits issued, renewed, and revoked for the preceding calendar year.

(2)
No contractor shall burn construction debris under a permit issued
pursuant to division (C)(1) of this section during an air pollution
alert, warning, or emergency for the area of the construction site.

Sec.
3704.13.
The
governor may do all things necessary on behalf of the state
,
except the adoption of rules,

to secure the full benefits available to the state under the federal
Clean Air Act. The governor may, in accordance with the federal Clean
Air Act, exercise all powers permitted by the federal Clean Air Act
to be exercised by a governor, including, but not limited to, powers
pertaining to the issuance of orders;
adoption
of rules;
designation
of officials; emergency suspension of any part of an implementation
plan adopted by the state; and redesignation of air quality control
regions.

Sec.
3704.14.
(A)(1)
If the director of environmental protection determines that
implementation of a motor vehicle inspection and maintenance program
is necessary for the state to effectively comply with the federal
Clean Air Act after June 30, 2025, the director may provide for the
implementation of the program in those counties in this state in
which such a program is federally mandated. Upon making such a
determination, the director of environmental protection may request
the director of administrative services to extend the terms of the
contract that was entered into under the authority of H.B. 33 of the
135th general assembly. Upon receiving the request, the director of
administrative services shall extend the contract, beginning on July
1, 2025, in accordance with this section. The contract shall be
extended for a period of up to twenty-four months with the contractor
who conducted the motor vehicle inspection and maintenance program
under that contract.

(2)
Prior to the expiration of the contract extension that was authorized
by division (A)(1) of this section under the authority of H.B. 33 of
the 135th general assembly, the director of environmental protection
shall request the director of administrative services to enter into a
contract with a vendor to operate a decentralized motor vehicle
inspection and maintenance program in each county in this state in
which such a program is federally mandated through June 30, 2027. The
contract shall ensure that the decentralized motor vehicle inspection
and maintenance program achieves an equivalent amount of emission
reductions as achieved by the program operated under the authority of
the contract that was extended under division (A)(1) of this section
under the authority of H.B. 33 of the 135th general assembly. The
director of administrative services shall select a vendor through a
competitive selection process in compliance with Chapter 125. of the
Revised Code.

(3)
Notwithstanding any law to the contrary, the director of
administrative services shall ensure that a competitive selection
process regarding a contract to operate a decentralized motor vehicle
inspection and maintenance program in this state incorporates the
following, which shall be included in the contract:

(a)
For purposes of expanding the number of testing locations for
consumer convenience, a requirement that the vendor utilize
established local businesses, auto repair facilities, or leased
properties to operate state-approved inspection and maintenance
testing facilities;

(b)
A requirement that the vendor selected to operate the program provide
notification of the program's requirements to each owner of a motor
vehicle that is required to be inspected under the program. The
contract shall require the notification to be provided not later than
sixty days prior to the date by which the owner of the motor vehicle
is required to have the motor vehicle inspected. The director of
environmental protection and the vendor shall jointly agree on the
content of the notice. However, the notice shall include at a minimum
the locations of all inspection facilities within a specified
distance of the address that is listed on the owner's motor vehicle
registration.

(c)
A requirement that the vendor comply with testing methodology and
supply the required equipment approved by the director of
environmental protection as specified in the competitive selection
process in compliance with Chapter 125. of the Revised Code.

(4)
A decentralized motor vehicle inspection and maintenance program
operated under this section shall comply with division (B) of this
section. The director of environmental protection shall administer
the decentralized motor vehicle inspection and maintenance program
operated under this section.

(B)
The director shall establish a decentralized motor vehicle inspection
and maintenance program as authorized by this section and, at a
minimum, the director shall ensure that the program does all of the
following:

(1)
Complies with the federal Clean Air Act;

(2)
Provides for the issuance of inspection certificates and alternative
emissions certificates as specified in rules adopted under division

(C)(2)
(C)

of this section;

(3)
Provides for a new car exemption for motor vehicles six years old or
newer and provides that a new motor vehicle is exempt for six years
regardless of whether legal title to the motor vehicle is transferred
during that period;

(4)
Provides for an exemption for battery electric motor vehicles;

(5)
Provides for an exemption for hybrid motor vehicles seven years old
or newer and provides that a hybrid motor vehicle is exempt for seven
years regardless of whether legal title to the motor vehicle is
transferred during that period.

(C)(1)

(C)

The
director of environmental protection shall adopt rules in accordance
with Chapter 119. of the Revised Code that
the
director determines are necessary to implement this section. The
director may continue to implement and enforce rules pertaining to
the motor vehicle inspection and maintenance program previously
implemented under former section 3704.14 of the Revised Code as that
section existed prior to its repeal and reenactment by Am. Sub. H.B.
66 of the 126th general assembly, provided that the rules do not
conflict with this section.

(2)
The rules adopted under division (C)(1) of this section shall
provide
for the issuance of inspections certificates and alternative
emissions certificates. Under the rules, an inspection certificate
shall be issued to the owner or lessee of a motor vehicle when the
motor vehicle passes an emissions inspection conducted in accordance
with the motor vehicle inspection and maintenance program established
under this section.
In
lieu of obtaining an inspection certificate, the rules shall
establish a system by which the owner or lessee of a motor vehicle
may request an alternative emissions certificate from the director.

(a)
(1)

The rules providing for the issuance of alternative emissions
certificates shall require an owner or lessee of a motor vehicle to
do the following in order to receive the certificate:

(i)
(a)

Complete and submit an attestation form created by the director that
includes a statement that reads substantially as follows:

"I,
_______, attest that, to the best of my knowledge, the motor vehicle
concerning which I am the owner or lessee complies with all laws of
Ohio and the United States governing motor vehicle emissions. I,
______, am aware that a false statement on this form is not
permitted."

(ii)
(b)

Sign and date the form either manually or electronically;

(iii)
(c)

Submit the form to the director either by regular mail, certified
mail, or electronically.

(b)
(2)

The rules shall require the director to include both of the following
additional information on the attestation form:

(i)
(a)

A provision that allows the owner or lessee of a motor vehicle to
specify one of the following methods by which the owner or lessee may
request delivery of the alternative emissions certificate: certified
mail, noncertified mail, or electronically;

(ii)
(b)

A provision that allows the owner or lessee of a motor vehicle to
specify the vehicle identification number, make, model, and year of
the relevant motor vehicle and the date the attestation form is
submitted to the director.

(c)
(3)

Subject to division
(C)(2)(d)
(C)(4)

of this section, the rules shall require the director to deliver an
alternative emission certificate to the owner or lessee of a motor
vehicle who complies with rules adopted under division

(C)(2)(a)
(C)(1)

of this section. The director shall deliver the certificate within
thirty business days after the director's receipt of the attestation
form or, if the owner or lessee submits the form electronically,
within five business days after receipt of the form. The director
shall confirm the receipt of the attestation form if the director
receives it by electronic means.

(d)
(4)

The rules shall require the director to reject an attestation form
for any of the following reasons:

(i)
(a)

The motor vehicle that is the subject of the attestation form was in
an accident or collision within the two years prior to the date of
submission of the form, and the accident or collision caused
substantial damage to the internal structure of the motor vehicle.

(ii)
(b)

The owner or lessee of the motor vehicle that is the subject of the
attestation form has received a ticket, citation, or summons with
regard to that motor vehicle within the two years prior to the date
of submission of the form for a violation of section 4513.22 of the
Revised Code or substantially equivalent municipal ordinance.

(iii)
(c)

The information in the attestation form is determined by the director
to be false.

If
the director rejects an attestation form under division

(C)(2)(d)(iii)
(C)(4)(c)

of this section, the director shall provide notice to the owner or
lessee that the attestation form was determined to be false. The
notice shall inform the owner or lessee that the owner or lessee may
submit a corrected form to the director within thirty days of the
receipt of the notice. If the owner or lessee submits a corrected
attestation form that complies with rules adopted under division

(C)(2)
(C)

of this section within that thirty-day period, the director shall
issue an alternative emissions certificate to the owner or lessee. If
the owner or lessee fails to correct the attestation form, the
director shall require the owner or lessee to complete an emissions
inspection and obtain an inspection certificate in accordance with
rules adopted under this section.

If
the director rejects an attestation form under division

(C)(2)(d)(i)
(C)(4)(a)

or
(ii)
(b)

of this section, the director shall require the owner or lessee to
complete an emissions inspection and obtain an inspection certificate
in accordance with rules adopted under this section.

(e)
(5)

In adopting rules under division
(C)(2)
(C)

of this section, the director shall ensure that the owner or lessee
of a motor vehicle who falsifies an attestation form receives a
notice that includes a statement that reads substantially as follows:
"You have falsified an attestation form for your vehicle under
the E-Check/motor vehicle emissions testing program. Your vehicle is
registered in one of [insert the number of counties] counties in this
state that has federal emission mandates imposed on it that the State
of Ohio is required, under threat of penalty, to enforce. This letter
serves as Ohio's only penalty for falsification of an attestation
form. You have thirty days from the date of this notice to amend your
attestation form and submit the amended form to the Environmental
Protection Agency. However, if you choose not to submit an amended
attestation form, you must have a motor vehicle emissions inspection
conducted for your vehicle in accordance with section 3704.14 of the
Revised Code and rules adopted under it."

(f)
(6)

No penalties apply to a person who the director has determined to
have falsified an attestation form, other than the issuance of the
notice required under division
(C)(2)(e)
(C)(5)

of this section.

(D)
There is hereby created in the state treasury the auto emissions test
fund, which shall consist of money received by the director from any
cash transfers, state and local grants, and other contributions that
are received for the purpose of funding the program established under
this section. The director of environmental protection shall use
money in the fund solely for the implementation, supervision,
administration, operation, and enforcement of the motor vehicle
inspection and maintenance program established under this section.
Money in the fund shall not be used for either of the following:

(1)
To pay for the inspection costs incurred by a motor vehicle dealer so
that the dealer may provide inspection certificates to an individual
purchasing a motor vehicle from the dealer when that individual
resides in a county that is subject to the motor vehicle inspection
and maintenance program;

(2)
To provide payment for more than one free passing emissions
inspection or a total of three emissions inspections for a motor
vehicle in any three-hundred-sixty-five-day period. The owner or
lessee of a motor vehicle is responsible for inspection fees that are
related to emissions inspections beyond one free passing emissions
inspection or three total emissions inspections in any
three-hundred-sixty-five-day period. Inspection fees that are charged
by a contractor conducting emissions inspections under a motor
vehicle inspection and maintenance program shall be approved by the
director of environmental protection.

(E)
The motor vehicle inspection and maintenance program established
under this section expires upon the termination of all contracts
entered into under this section and shall not be implemented beyond
the final date on which termination occurs.

(F)
As used in this section "battery electric motor vehicle"
and "hybrid motor vehicle" have the same meanings as in
section 4501.01 of the Revised Code.

(G)
On June 30, 2025, the director shall immediately begin procedures to
submit to the United States environmental protection agency the
alternative emissions certification program for approval as part of
the Ohio state implementation plan. If the United States
environmental protection agency approves the modification of the
decentralized motor vehicle inspection and maintenance program as
providing sufficient air pollution reductions to meet the federal
Clean Air Act requirements for a vehicle inspection and maintenance
program and modifies the Ohio state implementation plan, the director
shall immediately begin to modify the Ohio environmental protection
agency rules to implement the alternative emissions certification
program. Nothing in this division requires the Ohio environmental
protection agency to take action to implement the alternative
emissions certification program until the United States environmental
protection agency approves the alternative program as part of the
Ohio state implementation plan.

(H)
If the United States environmental protection agency determines that
the motor vehicle inspection and maintenance program implemented in
accordance with this section is not necessary for the state or any
area of the state to comply with the federal Clean Air Act, the
director shall immediately discontinue the program and take any
actions necessary to effectuate the termination of the program.

Sec.
3704.161.
(A)
The director of environmental protection shall enforce sections
3704.16 to 3704.162 of the Revised Code and the rules adopted under
them. In doing so, the director or the director's authorized
representative may do either or both of the following:

(1)
Inspect, during normal business hours, any motor vehicle or documents
located at premises owned, operated, rented, leased, or otherwise
used by any owner or operator of a motor vehicle if that motor
vehicle is operated for commercial purposes, or by any person engaged
in the sale, lease, or rental of motor vehicles or motor vehicle
parts, in order to determine compliance with sections 3704.16 to
3704.162 of the Revised Code and the rules adopted under them;

(2)
Issue a notice of violation to any person who violates any provision
of sections 3704.16 to 3704.162 of the Revised Code or the rules
adopted under them and who the director or the director's authorized
representative finds has committed such a violation. The notice of
violation shall set forth the specific violation allegedly committed
by the person and be accompanied by an order requiring the person to
comply with the relevant provision. The person may appeal the order
to the environmental review appeals commission in accordance with
section 3745.04 of the Revised Code.

(B)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code to implement sections 3704.16 to 3704.162 of the Revised
Code
.
The rules shall include all

that
establish both
of
the following:

(1)
Requirements and procedures for inspection of motor vehicles and
documents under division (A)(1) of this section;

(2)
A method by which any person may report violations or suspected
violations of sections 3704.16 to 3704.162 of the Revised Code to the
director for enforcement
;

(3)
Any other rule the director determines necessary for the
administration and enforcement of sections 3704.16 to 3704.162 of the
Revised Code
.

(C)(1)
Notwithstanding any other section of the Revised Code relating to the
distribution or crediting of fines for violations of the Revised
Code, all fines imposed under divisions (D) and (E) of section
3704.99 of the Revised Code resulting from an arrest made by the law
enforcement agency of a political subdivision shall be paid to the
treasury of the political subdivision.

(2)
All civil penalties collected pursuant to section 3704.06 of the
Revised Code for violations of section 3704.16 of the Revised Code
and the rules adopted under this section shall be deposited in the
anti-tampering settlement fund, which is hereby created in the state
treasury. The director shall use the moneys in the fund solely for
public education concerning and administration and enforcement of
sections 3704.16 to 3704.162 of the Revised Code.

Sec.
3705.02.
A
statewide system of registration of births, deaths, fetal deaths, and
other vital statistics is hereby established, which shall consist of
the office of vital statistics in the department of health and
primary registration districts. The office of vital statistics shall
be maintained at the capital of the state and shall be provided with
sufficient staff, suitable offices, and other resources for the
proper administration of the system of vital statistics and for the
preservation of its official records. The director of health shall
have charge of the system of vital statistics, enforce sections
3705.01 to 3705.29 of the Revised Code, and prepare and issue
instructions necessary to secure the uniform observance of such
sections.
The
director shall adopt rules as necessary to insure that this state
shall have a complete and accurate registration of vital statistics.

No
system of registration of births, deaths, fetal deaths, or other
vital statistics shall be maintained in any political subdivision in
conflict with such sections.

Sec.
3705.24.
(A)(1)
The director of health shall, in accordance with section 111.15 of
the Revised Code, adopt rules prescribing fees for the following
items or services provided by the state office of vital statistics:

(a)
Except as provided in division (A)(4) of this section:

(i)
A certified copy of a vital record or a certification of birth;

(ii)
A search by the office of vital statistics of its files and records
pursuant to a request for information, regardless of whether a copy
of a record is provided;

(iii)
A copy of a record provided pursuant to a request.

(b)
Replacement of a birth certificate following an adoption,
legitimation, paternity determination or acknowledgement, or court
order;

(c)
Filing of a delayed registration of a vital record;

(d)
Amendment of a vital record that is requested later than one year
after the filing date of the vital record
;

(e)
Any other documents or services for which the director considers the
charging of a fee appropriate
.

(2)
Fees prescribed under division (A)(1)(a) of this section shall not be
less than twelve dollars.

(3)
Fees prescribed under division (A)(1) of this section shall be
collected in addition to any fees required by sections 3109.14 and
3705.242 of the Revised Code.

(4)
Fees prescribed under division (A) of this section shall not apply to
certifications issued under division (H) of this section or copies
provided under section 3705.241 of the Revised Code.

(B)
In addition to the fees prescribed under division (A) of this section
or section 3709.09 of the Revised Code, the office of vital
statistics, the board of health of a city or general health district,
or a local registrar of vital statistics who is not a salaried
employee of a city or general health district shall charge a
five-dollar fee for each certified copy of a vital record and each
certification of birth. This fee shall be deposited in the general
operations fund created under section 3701.83 of the Revised Code and
be used to support the operations, the modernization, and the
automation of the vital records program in this state. A board of
health or a local registrar shall forward all fees collected under
this division to the department of health not later than thirty days
after the end of each calendar quarter.

(C)
Except as otherwise provided in division (H) of this section, and
except as provided in section 3705.241 of the Revised Code, fees
collected by the director of health under sections 3705.01 to 3705.29
of the Revised Code shall be paid into the state treasury to the
credit of the general operations fund created by section 3701.83 of
the Revised Code. Except as provided in division (B) or (I) of this
section, money generated by the fees shall be used only for
administration and enforcement of this chapter and the rules adopted
under it. Amounts submitted to the department of health for copies of
vital records or services in excess of the fees imposed by this
section shall be dealt with as follows:

(1)
An overpayment of two dollars or less shall be retained by the
department and deposited in the state treasury to the credit of the
general operations fund created by section 3701.83 of the Revised
Code.

(2)
An overpayment in excess of two dollars shall be returned to the
person who made the overpayment.

(D)
If a local registrar is a salaried employee of a city or a general
health district, any fees the local registrar receives pursuant to
section 3705.23 of the Revised Code shall be paid into the general
fund of the city or the health fund of the general health district.

Each
local registrar of vital statistics, or each health district where
the local registrar is a salaried employee of the district, shall be
entitled to a fee for each birth, fetal death, death, or military
service certificate properly and completely made out and registered
with the local registrar or district and correctly copied and
forwarded to the office of vital statistics in accordance with the
population of the primary registration district at the last federal
census. The fee for each birth, fetal death, death, or military
service certificate shall be:

(1)
In primary registration districts of over two hundred fifty thousand,
twenty cents;

(2)
In primary registration districts of over one hundred twenty-five
thousand and less than two hundred fifty thousand, sixty cents;

(3)
In primary registration districts of over fifty thousand and less
than one hundred twenty-five thousand, eighty cents;

(4)
In primary registration districts of less than fifty thousand, one
dollar.

(E)
The director of health shall annually certify to the county
treasurers of the several counties the number of birth, fetal death,
death, and military service certificates registered from their
respective counties with the names of the local registrars and the
amounts due each registrar and health district at the rates fixed in
this section. Such amounts shall be paid by the treasurer of the
county in which the registration districts are located. No fees shall
be charged or collected by registrars except as provided by this
chapter and section 3109.14 of the Revised Code.

(F)
A probate judge shall be paid a fee of fifteen cents for each
certified abstract of marriage prepared and forwarded by the probate
judge to the department of health pursuant to section 3705.21 of the
Revised Code. The fee shall be in addition to the fee paid for a
marriage license and shall be paid by the applicants for the license.

(G)
The clerk of a court of common pleas shall be paid a fee of one
dollar for each certificate of divorce, dissolution, and annulment of
marriage prepared and forwarded by the clerk to the department
pursuant to section 3705.21 of the Revised Code. The fee for the
certified abstract of divorce, dissolution, or annulment of marriage
shall be added to the court costs allowed in these cases.

(H)
The fee for an heirloom certification of birth issued pursuant to
division (B)(2) of section 3705.23 of the Revised Code shall be an
amount prescribed by rule by the director of health plus any fee
required by section 3109.14 of the Revised Code. In setting the
amount of the fee, the director shall establish a surcharge in
addition to an amount necessary to offset the expense of processing
heirloom certifications of birth. The fee prescribed by the director
of health pursuant to this division shall be deposited into the state
treasury to the credit of the heirloom certification of birth fund
which is hereby created. Money credited to the fund shall be used by
the office of vital statistics to offset the expense of processing
heirloom certifications of birth. However, the money collected for
the surcharge, subject to the approval of the controlling board,
shall be used for the purposes specified by the family and children
first council pursuant to section 121.37 of the Revised Code.

(I)(1)
Four dollars of each fee collected by the board of health of a city
or general health district for a certified copy of a vital record or
a certification of birth shall be transferred to the office of vital
statistics not later than thirty days after the end of each calendar
quarter. The amount collected shall be used to support public health
systems. Of each four dollars collected, one dollar shall be used by
the director of health to pay subsidies to boards of health. The
subsidies shall be distributed in accordance with the same formula
established under section 3701.342 of the Revised Code for the
distribution of state health district subsidy funds to boards of
health and local health departments.

(2)
Four dollars of each fee collected by a local registrar of vital
statistics who is not a salaried employee of a city or general health
district, for a certified copy of a vital record or certification of
birth, shall be transferred to the office of vital statistics not
later than thirty days after the end of each calendar quarter. The
amount collected shall be used to support public health systems.

Sec.
3706.25.
As
used in sections 3706.25 to
3706.29

3706.28

of
the Revised Code:

(A)
"Advanced energy project" means any technologies, products,
activities, or management practices or strategies that facilitate the
generation or use of electricity or energy and that reduce or support
the reduction of energy consumption or support the production of
clean, renewable energy for industrial, distribution, commercial,
institutional, governmental, research, not-for-profit, or residential
energy users including, but not limited to, advanced energy resources
and renewable energy resources. "Advanced energy project"
includes any project described in division (A), (B), or (C) of
section 4928.621 of the Revised Code.

(B)
"Advanced energy resource" means any of the following:

(1)
Any method or any modification or replacement of any property,
process, device, structure, or equipment that increases the
generation output of an electric generating facility to the extent
such efficiency is achieved without additional carbon dioxide
emissions by that facility;

(2)
Any distributed generation system consisting of customer cogeneration
technology, primarily to meet the energy needs of the customer's
facilities;

(3)
Advanced nuclear energy technology consisting of generation III
technology as defined by the nuclear regulatory commission; other,
later technology; or significant improvements to existing facilities;

(4)
Any fuel cell used in the generation of electricity, including, but
not limited to, a proton exchange membrane fuel cell, phosphoric acid
fuel cell, molten carbonate fuel cell, or solid oxide fuel cell;

(5)
Advanced solid waste or construction and demolition debris conversion
technology, including, but not limited to, advanced stoker
technology, and advanced fluidized bed gasification technology, that
results in measurable greenhouse gas emissions reductions as
calculated pursuant to the United States environmental protection
agency's waste reduction model (WARM).

(C)
"Air contaminant source" has the same meaning as in section
3704.01 of the Revised Code.

(D)
"Cogeneration technology" means technology that produces
electricity and useful thermal output simultaneously.

(E)
"Renewable energy resource" means solar photovoltaic or
solar thermal energy, wind energy, power produced by a hydroelectric
facility, power produced by a run-of-the-river hydroelectric facility
placed in service on or after January 1, 1980, that is located within
this state, relies upon the Ohio river, and operates, or is rated to
operate, at an aggregate capacity of forty or more megawatts,
geothermal energy, fuel derived from solid wastes, as defined in
section 3734.01 of the Revised Code, through fractionation,
biological decomposition, or other process that does not principally
involve combustion, biomass energy, energy produced by cogeneration
technology that is placed into service on or before December 31,
2015, and for which more than ninety per cent of the total annual
energy input is from combustion of a waste or byproduct gas from an
air contaminant source in this state, which source has been in
operation since on or before January 1, 1985, provided that the
cogeneration technology is a part of a facility located in a county
having a population of more than three hundred sixty-five thousand
but less than three hundred seventy thousand according to the most
recent federal decennial census, biologically derived methane gas,
heat captured from a generator of electricity, boiler, or heat
exchanger fueled by biologically derived methane gas, or energy
derived from nontreated by-products of the pulping process or wood
manufacturing process, including bark, wood chips, sawdust, and
lignin in spent pulping liquors. "Renewable energy resource"
includes, but is not limited to, any fuel cell used in the generation
of electricity, including, but not limited to, a proton exchange
membrane fuel cell, phosphoric acid fuel cell, molten carbonate fuel
cell, or solid oxide fuel cell; wind turbine located in the state's
territorial waters of Lake Erie; methane gas emitted from an
abandoned coal mine; storage facility that will promote the better
utilization of a renewable energy resource that primarily generates
off peak; or distributed generation system used by a customer to
generate electricity from any such energy. As used in this division,
"hydroelectric facility" means a hydroelectric generating
facility that is located at a dam on a river, or on any water
discharged to a river, that is within or bordering this state or
within or bordering an adjoining state and meets all of the following
standards:

(1)
The facility provides for river flows that are not detrimental for
fish, wildlife, and water quality, including seasonal flow
fluctuations as defined by the applicable licensing agency for the
facility.

(2)
The facility demonstrates that it complies with the water quality
standards of this state, which compliance may consist of
certification under Section 401 of the "Clean Water Act of
1977," 91 Stat. 1598, 1599, 33 U.S.C. 1341, and demonstrates
that it has not contributed to a finding by this state that the river
has impaired water quality under Section 303(d) of the "Clean
Water Act of 1977," 114 Stat. 870, 33 U.S.C. 1313.

(3)
The facility complies with mandatory prescriptions regarding fish
passage as required by the federal energy regulatory commission
license issued for the project, regarding fish protection for
riverine, anadromous, and catadromous fish.

(4)
The facility complies with the recommendations of the Ohio
environmental protection agency and with the terms of its federal
energy regulatory commission license regarding watershed protection,
mitigation, or enhancement, to the extent of each agency's respective
jurisdiction over the facility.

(5)
The facility complies with provisions of the "Endangered Species
Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as amended.

(6)
The facility does not harm cultural resources of the area. This can
be shown through compliance with the terms of its federal energy
regulatory commission license or, if the facility is not regulated by
that commission, through development of a plan approved by the Ohio
historic preservation office, to the extent it has jurisdiction over
the facility.

(7)
The facility complies with the terms of its federal energy regulatory
commission license or exemption that are related to recreational
access, accommodation, and facilities or, if the facility is not
regulated by that commission, the facility complies with similar
requirements as are recommended by resource agencies, to the extent
they have jurisdiction over the facility; and the facility provides
access to water to the public without fee or charge.

(8)
The facility is not recommended for removal by any federal agency or
agency of any state, to the extent the particular agency has
jurisdiction over the facility.

Sec.
3710.02.
(A)
In accordance with Chapter 119. of the Revised Code, the director of
environmental protection shall
,
as the director determines necessary,

adopt rules
to
carry out this chapter. The rules shall include
that
establish
all
of the following:

(1)
Criteria and procedures for the certification of asbestos hazard
abatement specialists, asbestos hazard evaluation specialists,
asbestos hazard abatement workers, asbestos hazard abatement project
designers, and asbestos hazard abatement air-monitoring technicians
by the director;

(2)
Criteria and procedures for the director to examine the records of
licensees, certificate holders, and asbestos hazard abatement
training schools;

(3)
Procedures and criteria in addition to those provided in this chapter
for the approval of courses for asbestos hazard training;

(4)
Fees for licenses, certifications, and course approvals in excess of
the levels set in section 3710.05 of the Revised Code and fees for
the certification of asbestos hazard abatement air-monitoring
technicians;

(5)
Levels of asbestos exposure or other circumstances constituting an
environmental health emergency that authorize the director to issue
an emergency order under division (B) of section 3710.13 of the
Revised Code;

(6)
Employee training standards, work practices that reduce the risk of
contamination and recontamination of the environment, record-keeping
requirements, action levels, project clearance levels, and other
requirements that asbestos hazard abatement contractors, asbestos
hazard abatement specialists, asbestos hazard evaluation specialists,
asbestos hazard abatement project designers, asbestos hazard
abatement air-monitoring technicians, asbestos hazard abatement
workers, and other persons involved with asbestos hazard abatement
activities must follow for the prevention of hazard to the public;

(7)
Worker protection equipment and practices and other health and safety
standards for employees and agents of public entities coming in
contact with asbestos through asbestos hazard abatement activity;

(8)
Standards of acceptable conduct for licensees and certificate holders
engaged in asbestos hazard abatement or evaluation activities and
acts and omissions that constitute grounds for the suspension or
revocation of a license or certificate, or the denial of an
application or renewal of a license or certificate in addition to
those otherwise provided in this chapter;

(9)
Training requirements for asbestos hazard abatement project designers
and asbestos hazard abatement air-monitoring technicians;

(10)(a)
Subject to the condition specified in division (A)(10)(b) of this
section, a standard requiring that the amount of asbestos contained
in the air in areas accessible to the public in buildings that are
owned, operated, or leased by a public entity be not more than ten
thousand asbestos fibers longer than five microns per cubic meter of
air calculated as an eight-hour time-weighted average, which is
measured during periods of normal building occupancy, and a
requirement that measurement of airborne asbestos be made by either
or both of the following methods, provided that results derived by
use of the method described in division (A)(10)(a)(i) of this section
supersede results derived by use of the method described in division
(A)(10)(a)(ii) of this section if both methods are used and the
methods yield conflicting results concerning the presence of fibers
in the tested air that may not be asbestos:

(i)
Transmission electron microscopy in the manner described in the
measurement protocol established by the United States environmental
protection agency as set forth in 40 C.F.R. 763;

(ii)
Optical phase contrast microscopy in the manner described in the
measurement protocol established by the United States occupational
safety and health administration as set forth in 29 C.F.R. 1910.

(b)
The director periodically shall review the standard required by
division (A)(10)(a) of this section and determine whether and how it
should be amended and how it shall be used in conjunction with visual
and physical assessment of asbestos-containing materials located in
buildings that are owned, operated, or leased by a public entity to
determine appropriate and cost-effective response actions to such
asbestos-containing materials and shall amend the standard if it
determines that such action is necessary.

(11)
Other rules that the director determines necessary for the
implementation of this chapter and to protect the public health from
the hazards associated with exposure to asbestos.

(B)
The director shall do all of the following:

(1)
Administer and enforce this chapter and the rules adopted pursuant
thereto;

(2)
Develop comprehensive programs and policies for the control and
prevention of nonoccupational exposure of the public to friable
asbestos-containing materials;

(3)
Ensure that persons are trained and licensed or certified, where
appropriate, in accordance with this chapter and the rules adopted
pursuant thereto;

(4)
Examine those records of licensed asbestos hazard abatement
contractors, certified asbestos hazard abatement specialists,
asbestos hazard evaluation specialists, asbestos hazard abatement
project designers, asbestos hazard abatement air-monitoring
technicians, and asbestos hazard training courses in accordance with
rules adopted by the director
as
the director determines necessary
to
determine compliance with this chapter and the rules adopted pursuant
thereto;

(5)
Prohibit and prevent improper asbestos hazard abatement procedures
and require the modification or alteration of asbestos abatement
procedures as they relate to this chapter and the rules adopted
pursuant thereto;

(6)
Collect and disseminate health education information relating to safe
management of asbestos hazards;

(7)
Accept and administer grants from the federal government and other
sources, both public and private, for carrying out any of the
director's functions;

(8)
As the director determines appropriate, conduct on-site inspections
at any location where an asbestos hazard abatement activity is
planned, in progress, or has been completed, at any location where an
environmental health emergency involving asbestos may occur, is
occurring, or has occurred, or to evaluate the performance or
compliance of any person subject to this chapter;

(9)
Conduct an on-site audit of each asbestos hazard training provider
approved pursuant to this chapter, at least once biennially, during
an actual course conducted by the provider within the state;

(10)
Cooperate and assist in investigations, as such relate to this
chapter, conducted by local law enforcement agencies,
,

the
United States occupational safety and health administration, and
other local, state, and federal agencies.

Sec.
3711.12.
(A)
The director of health shall adopt rules in accordance with Chapter
119. of the Revised Code
as
the director considers necessary
to
implement the requirements of this chapter for licensure and
operation of maternity homes. The rules shall
include

establish

provisions
for the following:

(1)
Licensure application forms and procedures;

(2)
Renewal procedures, including procedures that address the right of
the director of health, at the director's sole discretion, to conduct
an inspection prior to renewal of a license;

(3)
Initial license fees and license renewal fees;

(4)
Fees for inspections conducted by the director under section 3711.10
of the Revised Code;

(5)
Safety standards, quality-of-care standards, and quality-of-care data
reporting requirements;

(6)
Reporting and auditing requirements;

(7)
Inspection criteria, procedures, and guidelines;

(8)
Application forms to be used and procedures to be followed in
applying under section 3711.13 of the Revised Code for a variance or
waiver of any of the requirements of the rules adopted under this
section regarding the operation of a maternity home
;

(9)
Any other rules necessary to implement this chapter
.

(B)
When adopting rules under this section, the director shall give
consideration to recommendations regarding obstetric and newborn care
issued by the American college of obstetricians and gynecologists;
American academy of pediatrics; American academy of family
physicians; American society of anesthesiologists; American college
of nurse-midwives; United States centers for disease control and
prevention; association of women's health, obstetric and neonatal
nurses; and association of perioperative registered nurses, or their
successor organizations.

Sec.
3713.04.
(A)
In accordance with Chapter 119. of the Revised Code, the
superintendent of industrial compliance shall:

(1)
Adopt rules pertaining to the definition, name, and description of
materials necessary to carry out this chapter;

(2)
Determine the testing standards, fees, and charges to be paid for
making any test or analysis required pursuant to section 3713.08 of
the Revised Code.

(B)
In accordance with Chapter 119. of the Revised Code, the
superintendent may adopt rules regarding the following:

(1)
Establishing an initial application fee or an annual registration
renewal fee not more than fifty per cent higher than the fees set
forth in section 3713.05 of the Revised Code;

(2)
Establishing standards, on a reciprocal basis, for the acceptance of
labels and laboratory analyses from other states where the labeling
requirements and laboratory analysis standards are substantially
equal to the requirements of this state, provided the other state
extends similar reciprocity to labels and laboratory analysis
conducted under this chapter
;

(3)
Any other rules necessary to administer and carry out this chapter
.

(C)
The superintendent may do any of the following:

(1)
Issue administrative orders, conduct hearings, and take all actions
necessary under the authority of Chapter 119. of the Revised Code for
the administration of this chapter. The authority granted under this
division shall include the authority to suspend, revoke, or deny
registration under this chapter.

(2)
Establish and maintain facilities within the department of commerce
to make tests and analysis of materials used in the manufacture of
bedding and stuffed toys. The superintendent also may designate
established laboratories that are qualified to make these tests.
These laboratories may be used for making any test or analysis of
materials used in the manufacture of bedding and stuffed toys. If the
superintendent exercises this authority, the superintendent shall
adopt rules to determine the fees and charges to be paid for making
the tests or analyses authorized under this section.

(3)
Exercise such other powers and duties
,
except for the adoption of rules,

as are necessary to carry out the purpose and intent of this chapter.

Sec.
3714.052.
(A)
An application for a permit to install a new construction and
demolition debris facility that is submitted under section 3714.051
of the Revised Code shall include all of the following:

(1)
A listing of all construction and demolition debris facilities or
other waste disposal facilities that the owner or operator of the
proposed new construction and demolition debris facility or a key
employee of the owner or operator has operated or is operating in
this state;

(2)
A listing of the construction and demolition debris facilities or
other waste disposal facilities that the owner or operator or a key
employee of the owner or operator has operated or is operating
elsewhere in the United States together with a listing of the
construction and demolition debris facilities or other waste disposal
facilities that the owner or operator or a key employee of the owner
or operator has operated or is operating outside the United States;

(3)
A listing of all administrative enforcement orders issued to the
owner or operator or a key employee of the owner or operator, all
civil actions in which the owner or operator or a key employee of the
owner or operator was determined by the trier of fact to be liable in
damages or was the subject of injunctive relief or another type of
civil relief, and all criminal actions in which the owner or operator
or a key employee of the owner or operator pleaded guilty or was
convicted, during the ten years immediately preceding the submission
of the application, in connection with any violation by the owner or
operator or a key employee of the owner or operator of an applicable
state or federal law pertaining to environmental protection or the
environmental laws of another country;

(4)
A listing of all administrative enforcement orders, civil actions, or
criminal actions pending at the time of the submission of the
application for a permit to install in connection with a violation of
any applicable state or federal law or law of another country
pertaining to environmental protection that was alleged to have been
committed by the owner or operator or a key employee of the owner or
operator.

The
lists of construction and demolition debris facilities or other waste
disposal facilities operated by the owner or operator or a key
employee of the owner or operator within or outside this state or
outside the United States shall include all such facilities operated
by the owner or operator or a key employee of the owner or operator
during the ten-year period immediately preceding the submission of
the application.

(B)
If the applicant for a permit to install has been involved in any
prior activity involving the operation of a construction and
demolition debris facility or other waste disposal facility, the
director of environmental protection or a board of health, as
applicable, may deny the application if the director or board finds
from the application, the information submitted under divisions
(A)(1) to (4) of this section, pertinent information submitted to the
director or board, and other pertinent information obtained by the
director or board at the director's or board's discretion that the
applicant or any other person listed on the application, in the
operation of construction and demolition debris facilities or other
waste disposal facilities, has a history of substantial noncompliance
with state and federal laws pertaining to environmental protection or
the environmental laws of another country that indicates that the
applicant lacks sufficient reliability, expertise, and competence to
operate the proposed new construction and demolition debris facility
in substantial compliance with this chapter and rules adopted under
it.

(C)
At the same time that an application for an annual operation license
required under section 3714.06 of the Revised Code is submitted, an
owner or operator of a construction and demolition debris facility
that has submitted the information required under division (A) of
this section shall submit to the director or board of health, as
applicable, all information required to be submitted under division
(A) of this section that has changed or been added since the issuance
of the most recent annual operation license for the facility. If,
during that period, there have been no changes in or additions to
that information, the owner or operator shall submit to the director
or board an affidavit stating that there have been no changes in or
additions to that information during that time period. The director
or board may revoke the license for the facility if the updated
information indicates any of the reasons specified in division (B) of
this section for the denial of an application for a permit to
install.

(D)
A person to whom the permit to install or the license for a
construction and demolition debris facility is proposed to be
transferred under division (B) of section 3714.06 of the Revised Code
shall submit to the director or a board of health, as applicable, the
information that is required to be submitted under division (A) of
this section by an applicant for a permit to install not later than
one hundred twenty days prior to the proposed acquisition of the
facility by the transferee. The director or board of health may deny
the transfer of the permit or license, as applicable, if the
information regarding the transferee indicates any of the reasons
specified in division (B) of this section for the denial of an
application for a permit to install.

(E)
When the owner or operator of a facility employs a new key employee,
the owner or operator shall submit or shall require the new key
employee to submit to the director or a board of health, as
applicable, information regarding the new key employee that is
required to be submitted under division (A) of this section by an
applicant for a permit to install. The director or board may revoke
the permit to install or the license for the facility, as applicable,
if the information regarding the new key employee indicates any of
the reasons specified in division (B) of this section for the denial
of an application for a permit to install.

(F)
In lieu of complying with this section, an applicant for a permit to
install for, or a proposed transferee of a permit to install or a
license for, a construction and demolition debris facility may choose
to comply with sections 3734.41 to
3734.47

3734.46

of
the Revised Code. An applicant or transferee that so chooses shall
comply with those sections. For purposes of this division, sections
3734.41 to
3734.47

3734.46

of
the Revised Code are deemed to apply to applicants for permits to
install for, and proposed transferees of permits to install or
licenses for, construction and demolition debris facilities. The
director shall provide notice in writing to the applicable board of
health that the applicant or proposed transferee has complied with
sections 3734.41 to
3734.47

3734.46

of
the Revised Code and has sufficient reliability, expertise, and
competence to operate the construction and demolition debris facility
in substantial compliance with this chapter and the rules adopted
under it.

(G)
As used in this section, "key employee" means an individual
employed by an applicant for a permit to install for, or by the
proposed transferee of a permit to install or license for, a
construction and demolition debris facility in a supervisory capacity
or who is empowered to make discretionary decisions with respect to
the construction and demolition debris operations of the applicant or
transferee, but does not include an employee who is exclusively
engaged in the physical or mechanical collection, transfer,
transportation, storage, or disposal of construction and demolition
debris. If the applicant or transferee has entered into a contract
with another person to operate the facility that is the subject of
the application or transfer, "key employee" includes an
employee of the contractor who acts in a supervisory capacity or is
empowered to make discretionary decisions with respect to the
operation of the facility.

Sec.
3714.071.
(A)
For the purpose of funding and conducting ground water monitoring at
construction and demolition debris facilities by boards of health of
health districts that are on the approved list under section 3714.09
of the Revised Code and the director of environmental protection, the
director may adopt rules under Chapter 119. of the Revised Code for
the purpose of levying a fee of not more than five cents per cubic
yard or ten cents per ton on the disposal of construction and
demolition debris at a construction and demolition debris facility
that is licensed under this chapter. Such a fee shall be in addition
to the fee that is levied under section 3714.07 of the Revised Code.
If the director adopts rules under this section establishing a fee on
the disposal of construction and demolition debris at a construction
and demolition debris facility, the rules shall be subject to review
every five years by the joint committee on agency rule review.

The
owner or operator of a construction and demolition debris facility
shall collect the fee levied under rules adopted under this section
as a trustee for the health district having jurisdiction over the
facility, if that district is on the approved list under section
3714.09 of the Revised Code, or for the state. The owner or operator
shall collect and remit the fee in the same manner that the fee
levied under section 3714.07 of the Revised Code is collected and
remitted.

The
money collected by a board of health under this section shall be paid
into a special fund, which is hereby created in each health district,
and used solely to fund and conduct ground water monitoring at
construction and demolition debris facilities within the health
district as specified in division (B) of this section. Of the money
that is collected, a board of health shall transmit eighty per cent
of the money received from the owner or operator of a facility under
this section to the director not later than forty-five days after the
receipt of the money.

The
director shall transmit all money received under this section to the
treasurer of state to be credited to the construction and demolition
debris facility ground water monitoring fund, which is hereby created
in the state treasury. The director shall administer the fund and
shall use money credited to it solely for the purposes specified in
division (B) of this section.

(B)
A board of health or the director, as applicable, shall conduct
ground water monitoring at construction and demolition debris
facilities in accordance with this section. In order to conduct the
monitoring, the board or director, as applicable, shall pay for the
installation of ground water monitoring wells, ground water sampling,
and the laboratory analysis of the ground water samples at a
construction and demolition debris facility in accordance with either
of the following, as applicable:

(1)
If the facility is operating before April 15, 2005, and the facility
has not had ground water monitoring wells installed and operating
before that date, the board of health or director, as applicable,
shall pay the cost of the installation of one or more ground water
monitoring wells and the annual sampling and laboratory analysis of
the ground water at the facility.

(2)
If the facility is operating before April 15, 2005, and the facility
has had one or more ground water monitoring wells installed and
operating before that date, the board of health or director, as
applicable, shall pay the cost of the installation of one or more
additional ground water monitoring wells and the annual sampling and
laboratory analysis of the ground water at the facility that exceeds
the facility's annual cost of ground water monitoring certified under
division (C) of this section by the owner or operator of the
facility.

A
board of health or the director, as applicable, shall not pay any
costs under this section for the installation of ground water
monitoring wells, ground water sampling, or the laboratory analysis
of ground water samples incurred by a construction and demolition
debris facility to comply with rules adopted under section 3714.02 of
the Revised Code or a permit to install issued under section 3714.051
of the Revised Code.

(C)
For purposes of division (B)(2) of this section, the owner or
operator of a construction and demolition debris facility that is
operating before April 15, 2005, and that has had ground water
monitoring wells installed and has incurred monitoring costs before
that date shall retain for three years all documents evidencing the
cost of the ground water monitoring. If the board or director, as
applicable, requests documents evidencing the cost of the ground
water monitoring, the owner or operator of the facility shall certify
to the board or director, as applicable, the annual cost of ground
water monitoring at the facility.

(D)
A board of health or the director, as applicable, shall determine the
priority of purchases for ground water monitoring and the payment of
the costs of conducting monitoring of ground water as provided in
division (B) of this section. However, a board of health or the
director, as applicable, shall not purchase ground water monitoring
wells or pay the costs of conducting monitoring of ground water if
the applicable fund does not have sufficient money to pay those
costs. The director shall consult with boards of health to determine
the priority of ground water monitoring at construction and
demolition debris facilities that are licensed under this chapter.

(E)

The
director may adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary to administer this section.

(F)

A
board of health or the director, as applicable, may enter into
contracts for the purpose of conducting ground water monitoring that
is required in this section.

Sec.
3715.022.
(A)
All food products, including those produced and packaged by a cottage
food production operation, and all packaged maple syrup, sorghum, and
honey, are subject to food sampling conducted by the director of
agriculture, or a representative the director authorizes, to
determine if a food product is misbranded or adulterated. A component
of the food sampling conducted under this section may include the
performance of sample analyses in accordance with section 3715.02 of
the Revised Code.

The
director of agriculture shall adopt rules as the director considers
necessary to establish standards for food sampling and procedures for
administration of this section. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

(B)
Labeling requirements do not apply to fruit butter produced at a
festival or celebration, if the festival or celebration is organized
by a political subdivision of this state and the fruit butter is sold
during the festival or celebration from the production site.

Sec.
3715.502.
(A)
A physician, physician assistant, advanced practice registered nurse,
or certified mental health assistant may authorize one or more
pharmacists and any of the pharmacy interns supervised by the one or
more pharmacists to use a protocol developed pursuant to rules
adopted under this section for the purpose of dispensing overdose
reversal drugs. If use of the protocol has been authorized, a
pharmacist or pharmacy intern may dispense overdose reversal drugs
without a prescription to either of the following in accordance with
that protocol:

(1)
An individual who there is reason to believe is experiencing or at
risk of experiencing an opioid-related overdose;

(2)
A family member, friend, or other individual in a position to assist
an individual who there is reason to believe is at risk of
experiencing an opioid-related overdose.

(B)
A pharmacist or pharmacy intern who dispenses overdose reversal drugs
under this section shall instruct the individual to whom the drugs
are dispensed to summon emergency services as soon as practicable
either before or after administering the drugs.

(C)
A pharmacist may document on a prescription form the dispensing of
overdose reversal drugs by the pharmacist or a pharmacy intern
supervised by the pharmacist. The form may be assigned a number for
recordkeeping purposes.

(D)
This section does not affect the authority of a pharmacist or
pharmacy intern to fill or refill a prescription for overdose
reversal drugs.

(E)
A physician, physician assistant, advanced practice registered nurse,
or certified mental health assistant who in good faith authorizes a
pharmacist or pharmacy intern to dispense overdose reversal drugs
without a prescription, as provided in this section, is not liable
for or subject to any of the following for any act or omission of the
individual to whom the drugs are dispensed: damages in any civil
action, prosecution in any criminal proceeding, or professional
disciplinary action.

A
pharmacist or pharmacy intern authorized under this section to
dispense overdose reversal drugs without a prescription who does so
in good faith is not liable for or subject to any of the following
for any act or omission of the individual to whom the drugs are
dispensed: damages in any civil action, prosecution in any criminal
proceeding, or professional disciplinary action.

(F)
The state board of pharmacy, after consulting with the state medical
board and board of nursing, shall adopt rules
to
implement this section. The rules shall
that

specify
a protocol under which pharmacists or pharmacy interns may dispense
overdose reversal drugs without a prescription.

All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

(G)(1)
The state board of pharmacy shall develop a program to educate all of
the following about the authority of a pharmacist or pharmacy intern
to dispense overdose reversal drugs without a prescription:

(a)
Holders of licenses issued under Chapter 4729. of the Revised Code
that engage in the sale or dispensing of overdose reversal drugs
pursuant to this section;

(b)
Registered pharmacy technicians, certified pharmacy technicians, and
pharmacy technician trainees registered under Chapter 4729. of the
Revised Code who engage in the sale of overdose reversal drugs
pursuant to this section;

(c)
Individuals who are not licensed or registered under Chapter 4729. of
the Revised Code but are employed by license holders described in
division (G)(1)(a) of this section.

(2)
As part of the program, the board also shall educate the license
holders, pharmacy technicians, and employees described in division
(G)(1) of this section about maintaining an adequate supply of
overdose reversal drugs and methods for determining a pharmacy's
stock of such drugs.

(3)
The board may use its web site to share information under the
program.

Sec.
3715.873.
The
state board of pharmacy shall adopt rules governing the drug
repository program that establish all of the following:

(A)
Eligibility criteria for pharmacies, hospitals, and nonprofit clinics
to participate in the program, including, in the case of nonprofit
clinics, a definition of "underinsured person";

(B)
Standards and procedures for accepting, safely storing, and
distributing drugs donated or given;

(C)
Standards and procedures for inspecting the drugs described in
division (C)(1) of section 3715.87 of the Revised Code to determine
that the original unit dose packaging is sealed and tamper-evident
and that the drugs are unadulterated, safe, and suitable for
distribution;

(D)
With respect to drugs described in division (D) of section 3715.87 of
the Revised Code, standards and procedures to determine based on a
basic visual inspection that the drugs appear to be unadulterated,
safe, and suitable for distribution;

(E)
Eligibility standards based on economic need for individuals to
receive drugs under the program;

(F)
A means, such as an identification card, by which an individual who
is eligible to receive drugs under the program may demonstrate
eligibility to a pharmacy, hospital, or nonprofit clinic
participating in the program;

(G)
A form that an individual receiving a drug under the program must
sign before receiving the drug to confirm that the individual
understands the immunity provisions of the program;

(H)
A form that each individual who is donating or giving drugs to the
program, or who represents the person or government entity that is
donating or giving drugs to the program, must sign stating that the
individual or the person or government entity being represented is
the owner of the drugs and intends to voluntarily donate or give them
to the program;

(I)
A formula to determine the amount of a nominal handling fee that
pharmacies, hospitals, and nonprofit clinics participating in the
program may charge to drug recipients to cover restocking and
distribution costs;

(J)
A list of drugs or drug types, if applicable, that are ineligible to
be donated or given under the program, including those described in
division (C)(2)(b) of section 3715.87 of the Revised Code, and a
statement as to why the listed drugs or drug types are ineligible to
be donated or given;

(K)
The standards by which a charitable pharmacy, hospital, or nonprofit
clinic participating in the program may make occasional sales at
wholesale, pursuant to section 4729.51 of the Revised Code, of drugs
that have been donated or given to the program
;

(L)
Any other standards and procedures the board considers appropriate
.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
3716.03.
The
director of health shall:

(A)

Adopt
rules in accordance with Chapter 119. of the Revised Code for the
efficient enforcement of section 3716.02 of the Revised Code;

(B)

Conduct
examinations, inspections, and investigations for the purpose of
establishing
such

regulations

for the efficient enforcement of section 3716.02 of the Revised Code
,
through such officers of the department of health or the boards of
health, as the director delegates;

(C)
(B)

Designate officers and employees to enter at reasonable times any
factory, warehouse, or establishment in which hazardous substances
are held, or to enter any vehicle being used to transport or hold
such hazardous substance:

(1)
For the purpose of determining the nature of such substances;

(2)
To inspect or copy all records showing the movement of any such
hazardous substance, or the holding thereof during or after such
movement, and the quantity, shipper, and consignee thereof; provided,
evidence obtained under this subdivision shall not be used in a
criminal prosecution of the person from whom obtained;

(D)
(C)

Inspect and sample, upon tender of reasonable price for such sample,
at reasonable times and within reasonable limits and in a reasonable
manner, finished hazardous substances in retail packages and labeling
thereon in such factory, warehouse, establishment, or vehicle.

Sec.
3717.221.
(A)
Either of the following may register with the director of
agriculture:

(1)
A farm market, which is a location where a producer offers fruits,
vegetables, and other items for sale;

(2)
A farm product auction, which is a location where agricultural
products, including food products, are offered for sale at auction.

(B)
The director shall inspect each farm market and farm product auction
that registers under this section. Inspections shall occur at a
frequency considered appropriate by the director and shall be
conducted in accordance with sanitation standards established in
rules adopted under
this
section
Chapter
119. of the Revised Code
.

(C)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to administer this section.

Sec.
3717.33.
Pursuant
to section 3717.04 of the Revised Code, the director of agriculture
shall adopt rules regarding the following:

(A)
Licensing categories for retail food establishments and licensing
requirements for each category, including appropriate practices for
the activities performed by a retail food establishment;

(B)
Standards for collection of food samples from retail food
establishments for purposes of identifying adulteration and
misbranding;

(C)
Records to be generated and maintained by licensed retail food
establishments;

(D)
Appeals of proposed suspensions and revocations of retail food
establishment licenses and appeals of suspensions of licenses issued
for violations presenting a clear and present danger to the public
health;

(E)
Standards and procedures, including a schedule of frequency, for
conducting inspections of retail food establishments;

(F)
Standards and procedures for determining during an inspection whether
articles should be removed from use because of a clear and present
danger to the public health;

(G)
Standards and procedures for conducting investigations of complaints
pertaining to retail food establishments;

(H)(1)
Surveys conducted by the director to determine whether boards of
health are qualified and have the capacity to administer and enforce
the provisions of this chapter and the rules adopted under it
applicable to retail food establishments and to abide by the Ohio
uniform food safety code. The rules shall require, as part of a
survey, both of the following:

(a)
The director to evaluate whether an individual registered as an
environmental health specialist or an environmental health specialist
in training under Chapter 4736. of the Revised Code who is employed
by or has contracted with a board of health to enforce this chapter
as it relates to retail food establishments has sufficient knowledge
of the provisions of this chapter, rules adopted under it, and of the
Ohio uniform food safety code to conduct such enforcement;

(b)
The director to evaluate an individual under division (H)(1)(a) of
this section solely through the use of an objective written or
electronic assessment that complies with all of the following:

(i)
It is developed by the director in consultation with representatives
from the Ohio environmental health association and the association of
Ohio health commissioners.

(ii)
It does not exceed fifty questions in length.

(iii)
In order to pass the assessment, the individual must correctly answer
eighty per cent or more of the questions in the assessment. Questions
on the exam shall be derived from the most common violations cited
during the previous inspection year.

(iv)
The individual is allowed to review the Ohio uniform food safety code
during the assessment.

(2)
The director, in consultation with representatives from the Ohio
environmental health association and the association of Ohio health
commissioners, shall review and update the assessment described in
division (H)(1)(b) of this section on at least a biennial basis.

(3)
For purposes of any field review portion of the survey, the director
may require a registered environmental health specialist or
environmental health specialist in training to participate in the
field review for training and educational purposes. However, the
director shall not use such participation to evaluate whether the
registered environmental health specialist or environmental health
specialist in training has sufficient knowledge of this chapter,
rules adopted under it, and of the Ohio uniform food safety code.

(I)
Reinstatement of a board of health as a licensor after the director
has revoked the approval of the board;

(J)
Procedures for resolving disputes between licensors and the holders
of licenses for retail food establishments;

(K)
Procedures for providing enforcement support to a board of health
requesting assistance in the prosecution of a person for a violation
of the provisions of this chapter applicable to retail food
establishments
;

(L)
Any other matter the director considers relevant to the
administration and enforcement of the provisions of this chapter
applicable to retail food establishments
.

Sec.
3719.28.
(A)
The state board of pharmacy, pursuant to Chapter 119. of the Revised
Code, shall adopt rules
for
administration and enforcement of Chapter 3719. of the Revised Code
and
prescribing
the manner of keeping and the form and content of records to be kept
by persons authorized to manufacture, distribute, dispense, conduct
research in, prescribe, administer, or otherwise deal with controlled
substances. Such rules shall be designed to:

(1)
Facilitate surveillance of traffic in drugs, to prevent the improper
acquisition or use of controlled substances or their diversion into
illicit channels;

(2)
Aid the state board of pharmacy and state, local, and federal law
enforcement officers in enforcing the laws of this state and the
federal government dealing with drug abuse and control of drug
traffic.

(B)
Rules adopted pursuant to this section shall not provide any less
stringent requirements with respect to records than the requirements
of the federal drug abuse control laws and regulations adopted
thereunder. To the extent that records kept under the federal drug
abuse control laws and regulations adopted thereunder fulfill
requirements for similar records under rules adopted pursuant to this
section, compliance with the federal law and regulations shall
constitute compliance with the law and rules of this state with
respect to such records.

Sec.
3719.81.
(A)
As used in this section, "sample drug" has the same meaning
as in section 2925.01 of the Revised Code.

(B)
A person may furnish another a sample drug, if all of the following
apply:

(1)
The sample drug is furnished free of charge by a manufacturer,
manufacturer's representative, or wholesale dealer in pharmaceuticals
to a licensed health professional authorized to prescribe drugs, or
is furnished free of charge by such a professional to a patient for
use as medication;

(2)
The sample drug is in the original container in which it was placed
by the manufacturer, and the container is plainly marked as a sample;

(3)
Prior to its being furnished, the sample drug has been stored under
the proper conditions to prevent its deterioration or contamination;

(4)
If the sample drug is of a type which deteriorates with time, the
sample container is plainly marked with the date beyond which the
sample drug is unsafe to use, and the date has not expired on the
sample furnished. Compliance with the labeling requirements of the
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040
(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance with
this section.

(5)
The sample drug is distributed, stored, or discarded in such a way
that the sample drug may not be acquired or used by any unauthorized
person, or by any person, including a child, for whom it may present
a health or safety hazard.

(C)
Division (B) of this section does not do any of the following:

(1)
Apply to or restrict the furnishing of any sample of a nonnarcotic
substance if the substance may, under the "Federal Food, Drug,
and Cosmetic Act" and under the laws of this state, otherwise be
lawfully sold over the counter without a prescription;

(2)
Authorize a licensed health professional authorized to prescribe
drugs who is a clinical nurse specialist, certified nurse-midwife,
certified nurse practitioner, optometrist, physician assistant, or
certified mental health assistant to furnish a sample drug that is
not a drug the professional is authorized to prescribe.

(3)
Prohibit a licensed health professional authorized to prescribe
drugs, manufacturer of dangerous drugs, wholesale distributor of
dangerous drugs, or representative of a manufacturer of dangerous
drugs from furnishing a sample drug to a charitable pharmacy in
accordance with section 3719.811 of the Revised Code.

(4)
Prohibit a pharmacist working, whether or not for compensation, in a
charitable pharmacy from dispensing a sample drug to a person in
accordance with section 3719.811 of the Revised Code.

(D)
The state board of pharmacy shall, in accordance with Chapter 119. of
the Revised Code, adopt rules as necessary to give effect to this
section.

Sec.
3719.811.
(A)
As used in this section:

(1)
"Charitable pharmacy" means a pharmacy that meets all of
the following requirements:

(a)
Holds a terminal distributor of dangerous drugs license under section
4729.54 of the Revised Code.

(b)
Is exempt from federal taxation pursuant to 26 U.S.C. 501(a) and
(c)(3).

(c)
Is not a hospital.

(2)
"Prescription" has the same meaning as in section 4729.01
of the Revised Code.

(3)
"Sample drug" has the same meaning as in section 2925.01 of
the Revised Code.

(B)
A manufacturer of dangerous drugs or wholesale distributor of
dangerous drugs may furnish a sample drug to a charitable pharmacy if
all of the following apply:

(1)
The sample drug is in the original container in which it was placed
by its manufacturer and the container is plainly marked as a sample.

(2)
Prior to its being furnished, the sample drug has been stored under
the proper conditions to prevent its deterioration or contamination.

(3)
If the sample drug is of a type that deteriorates with time, the
container in which the sample drug is stored is plainly marked with
the date beyond which the sample drug is unsafe to use, and the date
has not expired on the sample drug furnished. Compliance with the
labeling requirements of the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, as amended,
constitutes compliance with division (B)(3) of this section.

(4)
The sample drug is distributed, stored, or discarded in such a way
that the sample drug may not be acquired or used by any unauthorized
person, or by any person, including a child, for whom it may present
a health or safety hazard.

(5)
The sample drug is furnished free of charge.

(6)
The sample drug is not a controlled substance.

(C)
A representative of a manufacturer of dangerous drugs or a licensed
health professional authorized to prescribe drugs may furnish a
sample drug to a charitable pharmacy if all of the following apply:

(1)
Rules have been adopted rules under division (F) of this section that
permit such a representative or health professional to furnish a
sample drug to a charitable pharmacy.

(2)
The representative or health professional complies with standards and
procedures established in rules adopted under division (F) of this
section.

(3)
The requirements of divisions (B)(1) to (6) of this section are
satisfied.

(D)
A pharmacist working, whether or not for compensation, in a
charitable pharmacy may dispense a sample drug to a person if all of
the following apply:

(1)
The person to whom the sample drug is dispensed is eligible for the
sample drug under standards established by the body responsible for
the charitable pharmacy's general management.

(2)
The person to whom the sample is dispensed presents to the pharmacist
a valid prescription for the sample drug.

(3)
The sample drug is dispensed free of charge.

(4)
The requirements of divisions (B)(1) to (4) and (6) of this section
are satisfied.

(E)
Divisions (B), (C), and (D) of this section do not do either of the
following:

(1)
Apply to or restrict the furnishing of any sample of a nonnarcotic
substance if the substance may, under the "Federal Food, Drug,
and Cosmetic Act" and under the law of this state, otherwise be
lawfully sold over the counter without a prescription.

(2)
Authorize a pharmacist working, whether or not for compensation, in a
charitable pharmacy to dispense a sample drug that the charitable
pharmacy is unauthorized to possess, have custody or control of, or
distribute.

(F)
The state board of pharmacy

shall
,
in accordance with Chapter 119. of the Revised Code,
may

adopt
rules
as
necessary to give effect to this section. The rules may
to

permit
representatives of manufacturers of dangerous drugs or licensed
health professionals authorized to prescribe drugs to furnish sample
drugs to charitable pharmacies under this section. If they do so, the
rules shall establish standards and procedures for the
representatives or health professionals to furnish the sample drugs.

Sec.
3721.02.
(A)
As used in this section, "residential facility" means a
residential facility licensed under section 5119.34 of the Revised
Code that provides accommodations, supervision, and personal care
services for three to sixteen unrelated adults.

(B)(1)
The director of health shall license homes and establish procedures
to be followed in inspecting and licensing homes. The director may
inspect a home at any time. The director may enter at any time, for
the purposes of investigation, any institution, residence, facility,
or other structure that has been reported to the director or that the
director has reasonable cause to believe is operating as a nursing
home, residential care facility, or home for the aging without a
valid license required by section 3721.05 of the Revised Code or, in
the case of a county home or district home, is operating despite the
revocation of its residential care facility license. The director may
delegate the director's authority and duties under this chapter to
any division, bureau, agency, or official of the department of
health.

(2)(a)
Except as provided in division (B)(2)(b) of this section, prior to
the issuance of a license, each home shall be inspected by the
director and the state fire marshal or a township, municipal, or
other legally constituted fire department approved by the
state
fire
marshal.

(b)
The inspections set forth in division (B)(2)(a) of this section are
not required prior to the issuance of a license if ownership of the
home is assigned or transferred to a different person and the home
was licensed under this chapter immediately prior to the assignment
or transfer.

(3)
After issuance of a license by the director, each home shall be
inspected as follows:

(a)
By the director at least once every fifteen months, except that a
home that is a residential care facility, or part of a home for the
aging that is licensed as a residential care facility, may, at the
discretion of the director, be inspected at least once every thirty
months if all of the following apply:

(i)
During the two most recent consecutive inspections that occurred at
least once every fifteen months, there were no substantiated
violations against the residential care facility;

(ii)
During the time period of the inspections referred to in division
(B)(4)(a) of this section, there were no substantiated violations
against the residential care facility from any other inspections or
from any investigations of complaints;

(iii)
The residential care facility does not have any outstanding
violations from any previous inspections or investigations.

(b)
By the state fire marshal or a township, municipal, or other legally
constituted fire department approved by the marshal at least once
every fifteen months.

(4)
A nursing home does not need to be inspected before the director
increases the nursing home's licensed capacity if the beds being
added to the nursing home are placed in resident rooms that were
inspected, as part of the most recent previous inspection of the
nursing home, for the same number of residents proposed to be placed
in a room after the capacity increase.

(5)(a)
The inspection procedures established under division (B) of this
section shall include a process for conducting expedited licensing
inspections. An expedited licensing inspection may be requested by an
applicant seeking a license for a new home or, in the case of an
existing home, an applicant seeking approval to increase or decrease
the home's licensed capacity or to make any other change for which
the director requires a licensing inspection to be conducted.

If
an applicant submits a complete request for an expedited licensing
inspection and the request is submitted in a manner and form approved
by the director, the director shall commence the inspection of the
home not later than ten business days after receiving the complete
request.

Any
rules adopted by the director pursuant to section 3721.04 of the
Revised Code to implement the requirements described in division
(B)(5)(a) of this section are not subject to the requirements of
division (F) of section 121.95 of the Revised Code.

(b)
The director may charge a fee for an expedited licensing inspection
that is adequate to cover the expense of expediting the inspection.
The fee shall be deposited in the state treasury to the credit of the
general operations fund created in section 3701.83 of the Revised
Code and used solely for expediting inspections.

(C)
A single facility may be licensed both as a nursing home pursuant to
this chapter and as a residential facility pursuant to section
5119.34 of the Revised Code if the director determines that the part
or unit to be licensed as a nursing home can be maintained separate
and discrete from the part or unit to be licensed as a residential
facility.

(D)
In determining the number of residents in a home for the purpose of
licensing, the director shall consider all the individuals for whom
the home provides accommodations as one group unless one of the
following is the case:

(1)
The home is a home for the aging, in which case all the individuals
in the part or unit licensed as a nursing home shall be considered as
one group, and all the individuals in the part or unit licensed as a
residential care facility shall be considered as another group.

(2)
The home is both a nursing home and a residential facility. In that
case, all the individuals in the part or unit licensed as a nursing
home shall be considered as one group, and all the individuals in the
part or unit licensed as
an

a

residential
facility shall be considered as another group.

(3)
The home maintains, in addition to a nursing home or residential care
facility, a separate and discrete part or unit that provides
accommodations to individuals who do not require or receive skilled
nursing care and do not receive personal care services from the home,
in which case the individuals in the separate and discrete part or
unit shall not be considered in determining the number of residents
in the home if the separate and discrete part or unit is in
compliance with the Ohio basic building code established by the board
of building standards under Chapters 3781. and 3791. of the Revised
Code and the home permits the director, on request, to inspect the
separate and discrete part or unit and speak with the individuals
residing there, if they consent, to determine whether the separate
and discrete part or unit meets the requirements of this division.

(E)(1)
The director of health shall charge the following application fee and
annual renewal licensing and inspection fee for each fifty persons or
part thereof of a home's licensed capacity:

(a)
For state fiscal year 2010, two hundred twenty dollars;

(b)
For state fiscal year 2011, two hundred seventy dollars;

(c)
For each state fiscal year thereafter, three hundred twenty dollars.

(2)
All fees collected by the director for the issuance or renewal of
licenses shall be deposited into the state treasury to the credit of
the general operations fund created in section 3701.83 of the Revised
Code for use only in administering and enforcing this chapter and
rules adopted under it.

(F)(1)
Except as otherwise provided in this section, the results of an
inspection or investigation of a home that is conducted under this
section, including any statement of deficiencies and all findings and
deficiencies cited in the statement on the basis of the inspection or
investigation, shall be used solely to determine the home's
compliance with this chapter or another chapter of the Revised Code
in any action or proceeding other than an action commenced under
division (I) of section 3721.17 of the Revised Code. Those results of
an inspection or investigation, that statement of deficiencies, and
the findings and deficiencies cited in that statement shall not be
used in either of the following:

(a)
Any court or in any action or proceeding that is pending in any court
and are not admissible in evidence in any action or proceeding unless
that action or proceeding is an appeal of an action by the department
of health under this chapter or is an action by any department or
agency of the state to enforce this chapter or another chapter of the
Revised Code;

(b)
An advertisement, unless the advertisement includes all of the
following:

(i)
The date the inspection or investigation was conducted;

(ii)
A statement that the director of health inspects all homes at least
once every fifteen months or, if applicable under this section, at
least once every thirty months;

(iii)
If a finding or deficiency cited in the statement of deficiencies has
been substantially corrected, a statement that the finding or
deficiency has been substantially corrected and the date that the
finding or deficiency was substantially corrected;

(iv)
The number of findings and deficiencies cited in the statement of
deficiencies on the basis of the inspection or investigation;

(v)
The average number of findings and deficiencies cited in a statement
of deficiencies on the basis of an inspection or investigation
conducted under this section during the same calendar year as the
inspection or investigation used in the advertisement;

(vi)
A statement that the advertisement is neither authorized nor endorsed
by the department of health or any other government agency.

(2)
Nothing in division (F)(1) of this section prohibits the results of
an inspection or investigation conducted under this section from
being used in a criminal investigation or prosecution.

Sec.
3721.022.
(A)
As used in this section:

(1)
"Nursing facility" has the same meaning as in section
5165.01 of the Revised Code.

(2)
"Deficiency" and "survey" have the same meanings
as in section 5165.60 of the Revised Code.

(3)
"Title XIX" and "Title XVIII" have the same
meanings as in section 5165.01 of the Revised Code.

(B)
The department of health is hereby designated the state agency
responsible for establishing and maintaining health standards and
serving as the state survey agency for the purposes of Title XVIII
and Title XIX. The department shall carry out these functions in
accordance with the regulations, guidelines, and procedures issued
under Title XVIII and Title XIX by the United States secretary of
health and human services and with sections 5165.60 to 5165.89 of the
Revised Code. The director of health shall enter into agreements with
regard to these functions with the department of medicaid and the
United States department of health and human services. The director
may also enter into agreements with the department of medicaid under
which the department of health is designated to perform functions
under sections 5165.60 to 5165.89 of the Revised Code.

The
director, in accordance with Chapter 119. of the Revised Code, shall
adopt rules
necessary

to
implement the survey and certification requirements for skilled
nursing facilities and nursing facilities established by the United
States secretary of health and human services under Title XVIII and
Title XIX and the survey requirements established under sections
5165.60 to 5165.89 of the Revised Code. The rules shall include an
informal process by which a facility may obtain up to two reviews of
any deficiencies that have been cited on a statement of deficiencies
made by the department of health under 42 C.F.R. Part 488 and cause
the facility to be in noncompliance as defined in 42 C.F.R. 488.301.
The first review shall be conducted by an employee of the department
who did not participate in and was not otherwise involved in any way
with the survey. A facility that is not satisfied with the results of
a first review may receive a second review on payment of a fee to the
department. The amount of the fee shall be specified in rules adopted
under this section. The fee shall be deposited into the state
treasury to the credit of the general operations fund created in
section 3701.83 of the Revised Code for use in the implementation of
this section. The second review shall be conducted by either of the
following as selected by the facility: a hearing officer employed by
the department or a hearing officer included on a list the department
shall provide the facility. A final determination that any deficiency
citation is unjustified shall be reflected clearly in all records
relating to the survey.

The
director need not adopt as rules any of the regulations, guidelines,
or procedures issued under Title XVIII and Title XIX by the United
States secretary of health and human services.

Sec.
3721.026.
(A)
Before the director of health can issue a license to operate a
nursing home to an entering operator, all of the following
requirements must be satisfied:

(1)
The entering operator completes a change of operator license
application on a form prescribed by the director and pays the
applicable fee as determined by the director.

Any
fee required by the director under division (A)(1) of this section
shall be credited to the general operations fund established under
section 3701.83 of the Revised Code.

A
completed application shall be submitted not later than forty-five
days before the proposed effective date of the change of operator if
the change of operator does not entail the relocation of residents. A
completed application shall be submitted not later than ninety days
before the proposed effective date of the change of operator if the
change of operator entails the relocation of residents. The director
may waive the time requirements specified in division (A)(1) of this
section in an emergency, such as the death of the operator.

The
change of operator license application established under this section
shall include all of the following:

(a)
Disclosure of all direct and indirect owners owning at least five per
cent of each of the following:

(i)
The entering operator, if the entering operator is an entity;

(ii)
The owner of the building or buildings in which the nursing home is
housed, if the owner of the building or buildings is a different
person or government entity from the entering operator;

(iii)
The owner of the legal rights associated with the ownership and
operation of the nursing home beds, if the owner of the legal rights
is a different person or government entity from the entering
operator;

(iv)
Each related party that provides or will provide services to the
nursing home, through contracts with any party identified in division
(A)(1)(a) of this section.

(b)
Disclosure of whether a person or government entity identified in
division (A)(1)(a) of this section has or had a direct or indirect
ownership or operational interest in a current or previously licensed
nursing home in this state or another state, including disclosure of
whether any of the following occurred with respect to an identified
nursing home within the five years immediately preceding the date of
application:

(i)
Voluntary or involuntary closure of the nursing home;

(ii)
Voluntary or involuntary bankruptcy proceedings;

(iii)
Voluntary or involuntary receivership proceedings;

(iv)
License suspension, denial, or revocation;

(v)
Injunction proceedings initiated by a regulatory agency;

(vi)
The nursing home is listed in table A, table B, or table D on the SFF
list under the special focus facility program;

(vii)
A civil or criminal action was filed against it by a state or federal
entity.

(c)
Any additional information that the director considers necessary to
determine the ownership, operation, management, and control of the
nursing home.

(2)
Except for applications that demonstrate that the entering operator,
or a person or government entity that directly or indirectly owns at
least fifty per cent of the entering operator, directly or indirectly
owns at least fifty per cent of the nursing home and its assets, the
entering operator submits evidence of a bond or other financial
security reasonably acceptable to the director for an amount not less
than the product of the number of licensed beds in the nursing home,
as reflected in the application, multiplied by ten thousand dollars.
The bond may be supplied by either the entering operator or the
property owner of the nursing home.

(a)
The bond or other financial security shall be renewed, replaced, or
maintained for five years after the effective date of the change of
operator. The aggregate liability of a surety shall not exceed the
sum of the bond, which is not cumulative from period to period. If
the bond or other financial security is not renewed, replaced, or
maintained in accordance with this division, the director shall
revoke the nursing home operator's license after providing thirty
days' notice to the operator. The bond or other financial security
shall be released five years after the effective date of the change
of operator if none of the events described in division (A)(2)(b) of
this section have occurred.

(b)
The director may utilize the bond or other financial security
required under division (A)(2) of this section to pay expenses
incurred by the director or another state official or agency if any
of the following occur during the five-year period for which the bond
or other financial security is required:

(i)
The nursing home is voluntarily or involuntarily closed.

(ii)
The nursing home or its owner or operator is the subject of voluntary
or involuntary bankruptcy proceedings.

(iii)
The nursing home or its owner or operator is the subject of voluntary
or involuntary receivership proceedings.

(iv)
The license to operate the nursing home is suspended, denied, or
revoked.

(v)
The nursing home undergoes a change of operator, unless the new
applicant submits a bond or other financial security in accordance
with this section.

(vi)
The nursing home appears in table A, table B, or table D on the SFF
list under the special focus facility program.

(3)
The entering operator or a person or government entity who will have
operational control of the nursing home has at least five years of
experience as either of the following:

(a)
An administrator of a nursing home located in this state or another
state;

(b)
A person or government entity with operational control of a nursing
home located in this state or another state.

(4)
The entering operator attests that the entering operator has plans
for quality assurance and risk management for the operation of the
nursing home.

(5)
The entering operator attests that the entering operator has general
and professional liability insurance coverage that provides coverage
of at least one million dollars per occurrence and three million
dollars aggregate.

(6)
The entering operator attests that the entering operator has
sufficient numbers of qualified staff, by training or experience, who
will be employed to properly care for the type and number of nursing
home residents.

(B)
The director shall issue to the entering operator a notice of intent
to grant a change of operator license upon a determination that all
requirements of this section have been met, except for submission of
the final document evidencing completion of the transaction.

(C)
The director may conduct a survey of the nursing home not less than
sixty days after the effective date of the change of operator.

(D)
The requirements established by this section are in addition to the
other requirements established by this chapter and the rules adopted
under it for a license to operate a nursing home.

(E)
The director shall deny a change of operator license application if
any of the following circumstances exist:

(1)
The requirements established by this section are not satisfied.

(2)
The entering operator or a person or government entity identified in
division (A)(1)(a) of this section who directly or indirectly has
twenty-five per cent or more ownership of the entering operator meets
both of the following criteria:

(a)
The entering operator or the person or government entity has or had
either of the following relationships to a currently or previously
licensed nursing home in this state or another state:

(i)
Fifty per cent or more direct or indirect ownership in the nursing
home;

(ii)
Alone or together with one or more other persons, operational control
of the nursing home.

(b)
Any of the following occurred with respect to the current or
previously licensed nursing home described in division (E)(2)(a) of
this section within the five years immediately preceding the date of
application:

(i)
Involuntary closure of the nursing home by a regulatory agency or
voluntary closure in response to licensure or certification action;

(ii)
Voluntary or involuntary bankruptcy proceedings that are not
dismissed within sixty days;

(iii)
Voluntary or involuntary receivership proceedings that are not
dismissed within sixty days;

(iv)
License suspension, denial, or revocation for failure to comply with
operating standards.

(3)
If a change of twenty-five per cent or more of the property ownership
interest in a nursing home occurs in connection with the change of
operator, the person or government entity who acquired the property
ownership interest meets both of the following criteria:

(a)
The person or government entity has or had either of the following
relationships to a currently or previously licensed nursing home in
this state or another state:

(i)
Fifty per cent or more direct or indirect property ownership in the
nursing home;

(ii)
Alone or together with one or more other persons, operational control
of the nursing home.

(b)
Any of the following occurred with respect to the current or
previously licensed nursing home described in division (E)(3)(a) of
this section within the five years immediately preceding the date of
application:

(i)
Involuntary closure of the nursing home by a regulatory agency or
voluntary closure in response to licensure or certification action;

(ii)
Voluntary or involuntary bankruptcy proceedings that are not
dismissed within sixty days;

(iii)
Voluntary or involuntary receivership proceedings that are not
dismissed within sixty days;

(iv)
License suspension, denial, or revocation for failure to comply with
operating standards.

(F)
An entering operator may appeal the denial of a change of operator
license application in accordance with Chapter 119. of the Revised
Code.

(G)
An entering operator shall do all of the following:

(1)
Notify the director immediately upon discovery of any error,
omission, or change of information in a change of operator license
application.

(2)
Notify the director within ten days of any change in the information
or documentation required by this section that occurs after the
effective date of the change of operator.

(3)
Truthfully supply any additional information or documentation
requested by the director.

If
an entering operator fails to notify the director or supply
additional information or documentation in accordance with this
division, the director shall impose a civil penalty of two thousand
dollars for each day of noncompliance.

(4)
Not complete the change of operator until the director issues to the
entering operator notice of intent to grant a change of operator
license in accordance with division (B) of this section. The entering
operator shall submit the final document evidencing completion of the
transaction not later than five days after completion.

(H)(1)
The director shall investigate an allegation that a change of
operator has occurred and the entering operator failed to submit an
application in accordance with this section or an application was
filed but the information was fraudulent. The director may request
the attorney general's assistance with an investigation under this
section.

(2)
If the director becomes aware, by means of an investigation or
otherwise, that a change of operator has occurred and the entering
operator failed to submit an application in accordance with this
section, or an application was filed but the information provided was
fraudulent, the director shall impose a civil penalty of two thousand
dollars for each day of noncompliance after the date the director
becomes aware that the change of operator has occurred. If the
entering operator fails to submit an application or new application
in accordance with this section within sixty days of the director
becoming aware of the change of operator, the director shall begin
the process of revoking a nursing home license as specified in
section 3721.03 of the Revised Code.

(I)
It is the intent of the general assembly in amending this section to
require full and complete disclosure and transparency with respect to
the ownership, operation, and management of each licensed nursing
home located in this state.
The
director may adopt rules as necessary to implement this section. Any
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
3721.032.
The
state fire marshal shall enforce all statutes and rules pertaining to
fire safety in homes

and shall adopt rules pertaining to fire safety in homes as the
marshal determines necessary. The rules adopted by the marshal shall
be in addition to those fire safety rules that the board of building
standards and the director of health are empowered to adopt
.
In the event of a dispute between the
state
fire
marshal
and another officer having responsibilities under sections 3721.01 to
3721.09 of the Revised Code with respect to the interpretation or
application of a specific fire safety statute or rule, the
interpretation of the
state
fire
marshal
shall prevail.

Sec.
3721.04.
(A)
The director of health shall adopt and publish rules

governing the operation of homes
,
which shall have uniform application throughout the state,
and
shall prescribe
prescribing

standards
for homes with respect to
,
but not limited to,

the following matters:

(1)
The minimum space requirements for occupants and equipping of the
buildings in which homes are housed so as to ensure healthful, safe,
sanitary, and comfortable conditions for all residents, so long as
they are not inconsistent with Chapters 3781. and 3791. of the
Revised Code or with any rules adopted by the board of building
standards and by the state fire marshal;

(2)
The number and qualifications of personnel, including management and
nursing staff, for each class of home, and the qualifications of
nurse aides, as defined in section 3721.21 of the Revised Code, used
by long-term care facilities, as defined in that section;

(3)
The medical, rehabilitative, and recreational services to be provided
by each class of home;

(4)
Dietetic services, including but not limited to sanitation,
nutritional adequacy, and palatability of food;

(5)
The personal and social services to be provided by each class of
home;

(6)
The business and accounting practices to be followed and the type of
patient and business records to be kept by such homes;

(7)
The operation of adult day-care programs provided by and on the same
site as homes licensed under this chapter;

(8)
The standards and procedures to be followed by residential care
facilities in admitting and retaining a resident who requires the
application of dressings, including requirements for charting and
evaluating on a weekly basis;

(9)
The requirements for conducting weekly evaluations of residents
receiving skilled nursing care in residential care facilities.

(B)

The
director may adopt whatever additional rules are necessary to carry
out or enforce the provisions of sections 3721.01 to 3721.09 and
3721.99 of the Revised Code.

(C)

The
following apply to the director when adopting rules under division
(A)(1) of this section regarding the equipping of the buildings in
which homes are housed:

(1)
The rules shall not require that each resident sleeping room, or a
percentage of the resident sleeping rooms, have a bathtub or shower
that is directly accessible from or exclusively for the room.

(2)
The rules shall require that the privacy and dignity of residents be
protected when the residents are transported to and from bathing
facilities, prepare for bathing, and bathe.

(D)
(C)

The following apply to the director when adopting rules under
division (A)(2) of this section regarding the number and
qualifications of personnel in homes:

(1)
When adopting rules applicable to residential care facilities, the
director shall take into consideration the effect that the following
may have on the number of personnel needed:

(a)
Provision of personal care services;

(b)
Provision of part-time, intermittent skilled nursing care pursuant to
division (C) of section 3721.011 of the Revised Code;

(c)
Provision of skilled nursing care to residents pursuant to division
(D) of section 3721.011 of the Revised Code.

(2)
When adopting rules applicable to nursing homes, the director shall
require each nursing home to do both of the following:

(a)
Have sufficient direct care staff on each shift to meet the needs of
the residents in an appropriate and timely manner;

(b)
Have the following individuals provide a minimum daily average of two
and one-half hours of direct care per resident:

(i)
Registered nurses, including registered nurses who perform
administrative and supervisory duties;

(ii)
Licensed practical nurses, including licensed practical nurses who
perform administrative and supervisory duties;

(iii)
Nurse aides.

(3)
The rules prescribing qualifications of nurse aides used by long-term
care facilities, as those terms are defined in section 3721.21 of the
Revised Code, shall be no less stringent than the requirements,
guidelines, and procedures established by the United States secretary
of health and human services under section 1819 of the "Social
Security Act," 101 Stat. 1330-160 (1987), 42 U.S.C. 1395i-3, as
amended, and section 1919 of the "Social Security Act," 101
Stat. 1330-182 (1987), 42 U.S.C. 1396r, as amended.

(E)
(D)

The following apply to the director when adopting rules under
division (A)(2) of this section regarding the number and
qualifications of personnel in nursing homes or rules under division
(A)(5) of this section regarding social services to be provided by
nursing homes:

(1)
The rules shall not prescribe the number of individuals licensed as
social workers under Chapter 4757. of the Revised Code that a nursing
home with one hundred twenty or fewer beds must employ.

(2)
The rules shall require each nursing home with more than one hundred
twenty beds to employ on a full-time basis one individual licensed as
a social worker under Chapter 4757. of the Revised Code.

(3)
The rules shall require each nursing home to offer its residents
medically related social services that assist the residents in
attaining or maintaining their highest practicable physical, mental,
and psychosocial well-being.

Sec.
3721.041.
(A)
As used in this section:

(1)
"Advisory committee" means the advisory committee on
immunization practices of the United States centers for disease
control and prevention or a successor committee or agency.

(2)
"Certified nurse-midwife," "clinical nurse
specialist," and "certified nurse practitioner" have
the same meanings as in section 4723.01 of the Revised Code.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(B)(1)
Each home shall, on an annual basis, offer to each resident, in
accordance with guidelines issued by the advisory committee,
vaccination against influenza, unless a physician, certified
nurse-midwife if authorized as described in section 4723.438 of the
Revised Code, clinical nurse specialist, or certified nurse
practitioner has determined that vaccination of the resident is
medically inappropriate. The vaccine shall be of a form approved by
the advisory committee for that calendar year. A resident may refuse
vaccination.

(2)
Each home shall obtain the influenza vaccine information sheet
described in section 3701.138 of the Revised Code and post the sheet
in a conspicuous location that is accessible to all residents,
employees, and visitors. Not later than the first day of August each
year, the home shall determine whether the information sheet it has
posted is the most recent version available. If it is not, the home
shall replace the information sheet with the updated version. Nothing
in this division requires an older adult to be vaccinated against
influenza.

Failure
to comply with the requirement to post the information sheet shall
not be taken into account when any survey or inspection of the home
is conducted and shall not be used as the basis for imposing any
penalty against the home.

(C)
Each home shall offer to each resident, in accordance with guidelines
issued by the advisory committee, vaccination against pneumococcal
pneumonia, unless the resident has already received such vaccination
or a physician, certified nurse-midwife if authorized as described in
section 4723.438 of the Revised Code, clinical nurse specialist, or
certified nurse practitioner has determined that vaccination of the
resident is medically inappropriate. Each vaccine shall be of a form
approved by the advisory committee for that calendar year. A resident
may refuse vaccination.

(D)
The director of health may adopt rules under Chapter 119. of the
Revised Code as the director considers appropriate to implement this
section.

Sec.
3721.121.
(A)
As used in this section:

(1)
"Adult day-care program" means a program operated pursuant
to rules adopted by the director of health under section 3721.04 of
the Revised Code and provided by and on the same site as homes
licensed under this chapter.

(2)
"Applicant" means a person who is under final consideration
for employment with a home or adult day-care program in a full-time,
part-time, or temporary position that involves providing direct care
to an older adult. "Applicant" does not include a person
who provides direct care as a volunteer without receiving or
expecting to receive any form of remuneration other than
reimbursement for actual expenses.

(3)
"Community-based long-term care services provider" means a
provider as defined in section 173.39 of the Revised Code.

(4)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(5)
"Home" means a home as defined in section 3721.10 of the
Revised Code.

(6)
"Older adult" means a person age sixty or older.

(B)(1)
Except as provided in division (I) of this section, the chief
administrator of a home or adult day-care program shall request that
the superintendent of the bureau of criminal identification and
investigation conduct a criminal records check of each applicant. If
an applicant for whom a criminal records check request is required
under this division does not present proof of having been a resident
of this state for the five-year period immediately prior to the date
the criminal records check is requested or provide evidence that
within that five-year period the superintendent has requested
information about the applicant from the federal bureau of
investigation in a criminal records check, the chief administrator
shall request that the superintendent obtain information from the
federal bureau of investigation as part of the criminal records check
of the applicant. Even if an applicant for whom a criminal records
check request is required under this division presents proof of
having been a resident of this state for the five-year period, the
chief administrator may request that the superintendent include
information from the federal bureau of investigation in the criminal
records check.

(2)
A person required by division (B)(1) of this section to request a
criminal records check shall do both of the following:

(a)
Provide to each applicant for whom a criminal records check request
is required under that division a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard fingerprint impression sheet prescribed pursuant to
division (C)(2) of that section, and obtain the completed form and
impression sheet from the applicant;

(b)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation.

(3)
An applicant provided the form and fingerprint impression sheet under
division (B)(2)(a) of this section who fails to complete the form or
provide fingerprint impressions shall not be employed in any position
for which a criminal records check is required by this section.

(C)(1)
Except as provided in rules adopted by the director of health in
accordance with division (F) of this section and subject to division
(C)(2) of this section, no home or adult day-care program shall
employ a person in a position that involves providing direct care to
an older adult if the person has been convicted of or pleaded guilty
to any of the following:

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

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

(2)(a)
A home or an adult day-care program may employ conditionally an
applicant for whom a criminal records check request is required under
division (B) of this section prior to obtaining the results of a
criminal records check regarding the individual, provided that the
home or program shall request a criminal records check regarding the
individual in accordance with division (B)(1) of this section not
later than five business days after the individual begins conditional
employment. In the circumstances described in division (I)(2) of this
section, a home or adult day-care program may employ conditionally an
applicant who has been referred to the home or adult day-care program
by an employment service that supplies full-time, part-time, or
temporary staff for positions involving the direct care of older
adults and for whom, pursuant to that division, a criminal records
check is not required under division (B) of this section.

(b)
A home or adult day-care program that employs an individual
conditionally under authority of division (C)(2)(a) of this section
shall terminate the individual's employment if the results of the
criminal records check requested under division (B) of this section
or described in division (I)(2) of this section, other than the
results of any request for information from the federal bureau of
investigation, are not obtained within the period ending sixty days
after the date the request is made. Regardless of when the results of
the criminal records check are obtained, if the results indicate that
the individual has been convicted of or pleaded guilty to any of the
offenses listed or described in division (C)(1) of this section, the
home or program shall terminate the individual's employment unless
the home or program chooses to employ the individual pursuant to
division (F) of this section. Termination of employment under this
division shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised Code if the
individual makes any attempt to deceive the home or program about the
individual's criminal record.

(D)(1)
Each home or adult day-care program shall pay to the bureau of
criminal identification and investigation the fee prescribed pursuant
to division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted pursuant to a request made under
division (B) of this section.

(2)
A home or adult day-care program may charge an applicant a fee not
exceeding the amount the home or program pays under division (D)(1)
of this section. A home or program may collect a fee only if both of
the following apply:

(a)
The home or program notifies the person at the time of initial
application for employment of the amount of the fee and that, unless
the fee is paid, the person will not be considered for employment;

(b)
The medicaid program does not reimburse the home or program the fee
it pays under division (D)(1) of this section.

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

(1)
The individual who is the subject of the criminal records check or
the individual's representative;

(2)
The chief administrator of the home or program requesting the
criminal records check or the administrator's representative;

(3)
The administrator of any other facility, agency, or program that
provides direct care to older adults that is owned or operated by the
same entity that owns or operates the home or program;

(4)
A court, hearing officer, or other necessary individual involved in a
case dealing with a denial of employment of the applicant or dealing
with employment or unemployment benefits of the applicant;

(5)
Any person to whom the report is provided pursuant to, and in
accordance with, division (I)(1) or (2) of this section;

(6)
The board of nursing for purposes of accepting and processing an
application for a medication aide certificate issued under Chapter
4723. of the Revised Code;

(7)
The director of aging or the director's designee if the criminal
records check is requested by the chief administrator of a home that
is also a community-based long-term care services provider.

(F)

In
accordance with section 3721.11 of the Revised Code, the
The

director
of health shall adopt rules
in
accordance with Chapter 119. of the Revised Code
to

implement
this section. The rules shall
specify
circumstances under which a home or adult day-care program may employ
a person who has been convicted of or pleaded guilty to an offense
listed or described in division (C)(1) of this section but meets
personal character standards set by the director.

(G)
The chief administrator of a home or adult day-care program shall
inform each individual, at the time of initial application for a
position that involves providing direct care to an older adult, that
the individual is required to provide a set of fingerprint
impressions and that a criminal records check is required to be
conducted if the individual comes under final consideration for
employment.

(H)
In a tort or other civil action for damages that is brought as the
result of an injury, death, or loss to person or property caused by
an individual who a home or adult day-care program employs in a
position that involves providing direct care to older adults, all of
the following shall apply:

(1)
If the home or program employed the individual in good faith and
reasonable reliance on the report of a criminal records check
requested under this section, the home or program shall not be found
negligent solely because of its reliance on the report, even if the
information in the report is determined later to have been incomplete
or inaccurate;

(2)
If the home or program employed the individual in good faith on a
conditional basis pursuant to division (C)(2) of this section, the
home or program shall not be found negligent solely because it
employed the individual prior to receiving the report of a criminal
records check requested under this section;

(3)
If the home or program in good faith employed the individual
according to the personal character standards established in rules
adopted under division (F) of this section, the home or program shall
not be found negligent solely because the individual prior to being
employed had been convicted of or pleaded guilty to an offense listed
or described in division (C)(1) of this section.

(I)(1)
The chief administrator of a home or adult day-care program is not
required to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check of
an applicant if the applicant has been referred to the home or
program by an employment service that supplies full-time, part-time,
or temporary staff for positions involving the direct care of older
adults and both of the following apply:

(a)
The chief administrator receives from the employment service or the
applicant a report of the results of a criminal records check
regarding the applicant that has been conducted by the superintendent
within the one-year period immediately preceding the applicant's
referral;

(b)
The report of the criminal records check demonstrates that the person
has not been convicted of or pleaded guilty to an offense listed or
described in division (C)(1) of this section, or the report
demonstrates that the person has been convicted of or pleaded guilty
to one or more of those offenses, but the home or adult day-care
program chooses to employ the individual pursuant to division (F) of
this section.

(2)
The chief administrator of a home or adult day-care program is not
required to request that the superintendent of the bureau of criminal
identification and investigation conduct a criminal records check of
an applicant and may employ the applicant conditionally as described
in this division, if the applicant has been referred to the home or
program by an employment service that supplies full-time, part-time,
or temporary staff for positions involving the direct care of older
adults and if the chief administrator receives from the employment
service or the applicant a letter from the employment service that is
on the letterhead of the employment service, dated, and signed by a
supervisor or another designated official of the employment service
and that states that the employment service has requested the
superintendent to conduct a criminal records check regarding the
applicant, that the requested criminal records check will include a
determination of whether the applicant has been convicted of or
pleaded guilty to any offense listed or described in division (C)(1)
of this section, that, as of the date set forth on the letter, the
employment service had not received the results of the criminal
records check, and that, when the employment service receives the
results of the criminal records check, it promptly will send a copy
of the results to the home or adult day-care program. If a home or
adult day-care program employs an applicant conditionally in
accordance with this division, the employment service, upon its
receipt of the results of the criminal records check, promptly shall
send a copy of the results to the home or adult day-care program, and
division (C)(2)(b) of this section applies regarding the conditional
employment.

Sec.
3721.122.
Before
an individual is admitted as a resident to a home, the home's
administrator shall search for the individual's name in the
internet-based sex offender and child-victim offender database
established under division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code. If the search results
identify the individual as a sex offender and the individual is
admitted as a resident to the home, the administrator shall provide
for the home to do all of the following:

(A)
Develop a plan of care to protect the other residents' rights to a
safe environment and to be free from abuse;

(B)
Notify all of the home's other residents and their sponsors that a
sex offender has been admitted as a resident to the home and include
in the notice a description of the plan of care developed under
division (A) of this section;

(C)
Direct the individual in updating the individual's address under
section 2950.05 of the Revised Code and, if the individual is unable
to do so without assistance, provide the assistance the individual
needs to update the individual's address under that section.

Sec.
3721.26.
The
director of health shall adopt rules pursuant to Chapter 119. of the
Revised Code
to
implement sections 3721.21 to 3721.25 of the Revised Code, including
rules
prescribing
requirements for the notice and hearing required under section
3721.23 of the Revised Code. The notice and hearing required under
section 3721.23 of the Revised Code are not subject to Chapter 119.
of the Revised Code; however, the rules may provide for the notice to
be provided and the hearing to be conducted in accordance with that
chapter. Rules adopted under this section shall be no less stringent
than the requirements, guidelines, and procedures established by the
United States secretary of health and human services under sections
1819 and 1919 of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C.A. 301, as amended.

Sec.
3721.29.
In
addition to competency evaluation programs and training and
competency evaluation programs required by this chapter, each
long-term care facility shall provide both of the following to each
nurse aide it uses:

(A)
An orientation program that includes at least an explanation of the
organizational structure of the facility, its policies and
procedures, its philosophy of care, a description of its resident
population, and an enumeration of its employee rules;

(B)
Regular performance review and in-service education to assure that
individuals working in the facility as nurse aides are competent to
perform the nursing and nursing-related services they perform.
In-service education shall include training for nurse aides providing
nursing and nursing-related services to residents and patients with
cognitive impairments.

The
director of health shall adopt rules to implement the purposes of
this section. The rules shall be no less stringent than the
requirements, guidelines, and procedures established by the United
States secretary of health and human services under sections 1819 and
1919 of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended.

Sec.
3721.30.
(A)(1)
A training and competency evaluation program approved by the director
of health under division (A) of section 3721.31 of the Revised Code
or a competency evaluation program conducted by the director under
division (C) of that section shall evaluate the competency of a nurse
aide in the following areas:

(a)
Basic nursing skills;

(b)
Personal care skills;

(c)
Recognition of mental health and social service needs;

(d)
Care of residents with cognitive impairments;

(e)
Basic restorative services;

(f)
Residents' rights
;

(g)
Any other area specified by rule of the director
.

(2)
Any training and competency evaluation program approved or competency
evaluation program conducted by the director may include a written
examination, but shall permit a nurse aide, at the nurse aide's
option, to establish competency in another manner approved by the
director. A nurse aide shall be permitted to have the competency
evaluation conducted at the long-term care facility at which the
nurse aide is or will be employed, unless the facility has been
determined by the director or the United States secretary of health
and human services to have been out of compliance with the
requirements of subsection (b), (c), or (d) of section 1819 or 1919
of the "Social Security Act," 49 Stat. 620 (1935), 42
U.S.C.A. 301, as amended, within the previous two years.

(B)
A training and competency evaluation program approved or conducted by
the director under section 3721.31 of the Revised Code shall consist
of training and competency evaluation specified by the director in
rules adopted under division (C) of this section, including a minimum
of seventy-five hours divided between skills training and classroom
instruction in the following topic areas:

(1)
Basic nursing skills;

(2)
Personal care skills;

(3)
Recognition of mental health and social service needs;

(4)
Care of residents with cognitive impairments;

(5)
Basic restorative services;

(6)
Residents' rights;

(7)
Needs of various groups of long-term care facility residents and
patients
;

(8)
Other topic areas specified by rule of the director
.

(C)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt rules establishing procedures and criteria for approval
of training and competency evaluation programs. The requirements
established by rules shall be no less stringent than the
requirements, guidelines, and procedures established by the United
States secretary of health and human services under sections 1819 and
1919 of the "Social Security Act." The director also shall
adopt rules governing all of the following:

(1)
Procedures for determination of an individual's competency to perform
services as a nurse aide;

(2)
The curriculum of training and competency evaluation programs;

(3)
The clinical supervision and physical facilities used for training
and competency evaluation programs;

(4)
The number of hours of training required in training and competency
evaluation programs;

(5)
The qualifications for instructors, coordinators, and evaluators of
training and competency evaluation programs, except that the rules
shall not require an instructor for a training and competency
evaluation program to have nursing home experience if the program is
under the general supervision of a coordinator who is a registered
nurse who possesses a minimum of two years of nursing experience, at
least one of which is in the provision of services in a nursing home
or intermediate care facility for individuals with intellectual
disabilities;

(6)
Requirements that training and competency evaluation programs must
meet to retain approval;

(7)
Standards for successful completion of a training and competency
evaluation program;

(8)
Procedures and criteria for review and reapproval of training and
competency evaluation programs;

(9)
Fees for application for approval or reapproval of training and
competency evaluation programs and programs to train instructors,
coordinators, and evaluators for training and competency evaluation
programs;

(10)
Fees for participation in any training and competency evaluation
program or other program conducted by the director under section
3721.31 of the Revised Code;

(11)
Procedures for reporting to the nurse aide registry established under
section 3721.32 of the Revised Code whether or not individuals
participating in training and competency evaluation programs have
successfully completed the programs.

(D)
In accordance with Chapter 119. of the Revised Code, the director may
adopt rules prescribing criteria and procedures for approval of
training programs for instructors, coordinators, and evaluators for
competency evaluation programs and training and competency evaluation
programs.
The
director may adopt other rules that the director considers necessary
for the administration and enforcement of sections 3721.28 to 3721.34
of the Revised Code or for compliance with requirements, guidelines,
or procedures issued by the United States secretary of health and
human services for implementation of section 1819 or 1919 of the
"Social Security Act."

(E)
No person or government entity shall impose on a nurse aide any
charge for participation in any competency evaluation program or
training and competency evaluation program approved or conducted by
the director under section 3721.31 of the Revised Code, including any
charge for textbooks, other required course materials, or a
competency evaluation.

(F)
No person or government entity shall require that an individual used
by the person or government entity as a nurse aide or seeking
employment as a nurse aide pay or repay, either before or while the
individual is employed by the person or government entity or when the
individual leaves the person or government entity's employ, any costs
associated with the individual's participation in a competency
evaluation program or training and competency evaluation program
approved or conducted by the director.

Sec.
3721.60.
As
used in sections 3721.60 to
3721.67

3721.66

of
the Revised Code:

(A)
"Attorney in fact" means a person designated as such by a
durable power of attorney for health care executed pursuant to
sections 1337.11 to 1337.17 of the Revised Code.

(B)
"Electronic monitoring device" means a surveillance
instrument with a fixed position video camera or an audio recording
device, or a combination thereof, that is installed in a resident's
room and broadcasts or records activities or sounds occurring in the
room.

(C)
"Guardian" has the same meaning as in section 2111.01 of
the Revised Code.

(D)
"Long-term care facility" has the same meaning as in
section 3721.21 of the Revised Code.

(E)
"Resident" means an individual who resides in a long-term
care facility.

Sec.
3721.63.
A
long-term care facility may prescribe a form for use by a resident or
resident's guardian or attorney in fact seeking to authorize the
installation and use of an electronic monitoring device in the
resident's room in a long-term care facility. If a long-term care
facility prescribes a form, it shall, at a minimum, include all of
the following:

(A)
An explanation of sections 3721.60 to
3721.67

3721.66

of
the Revised Code;

(B)
An acknowledgment that the resident or resident's guardian or
attorney in fact has consented to the installation and use of the
device in the resident's room;

(C)
In the case of a resident who lives in a room with another resident,
an acknowledgment that the other resident or other resident's
guardian or attorney in fact has consented to the installation and
use of the device and a description of any conditions placed on that
consent pursuant to division (B)(2) of section 3721.62 of the Revised
Code;

(D)
A section for providing the facility with information regarding the
type, function, and use of the device to be installed and used;

(E)
A section stating that the facility is released from liability in any
civil or criminal action or administrative proceeding for a violation
of the resident's right to privacy in connection with using the
device.

Sec.
3721.68.
Sections
3721.60 to
3721.67

3721.66

of
the Revised Code do not apply if an electronic monitoring device is
installed by a law enforcement agency and used solely for a bona fide
law enforcement purpose.

Sec.
3722.06.
(A)
Not later than the date that is one year after
the
effective date of this section
September
30, 2022
,
the director of health shall adopt rules establishing

health, safety, welfare, and quality standards
,

for
hospitals licensed under this chapter,
including

standards
for all of the following:

(1)
Maternity units;

(2)
Newborn care nurseries;

(3)
Health care services.

(B)
Not later than the date that is one year after
the
effective date of this section
September
30, 2022
,
the director shall adopt rules establishing standards and procedures
for the licensure of hospitals, including all of the following:

(1)
Procedures for applying and renewing licenses as described in section
3722.03 of the Revised Code;

(2)
Procedures for transferring licenses as described in section 3722.04
of the Revised Code;

(3)
Procedures for inspections following complaints;

(4)
Subject to division (C)(1) of this section, fees for initial
applications, license renewals, and license transfers, as well as
inspections conducted under section 3722.05 of the Revised Code;

(5)
Subject to division (C)(2) of this section, standards and procedures
for imposing civil penalties as described in section 3722.07 of the
Revised Code;

(6)
Subject to division (C)(3) of this section, standards and procedures
for correcting violations, including through the submission of
correction plans;

(7)
Standards and procedures for identifying, monitoring, managing,
reporting, and reducing exposures to risk conditions, such as
Legionella, including through the use of environmental facility
assessments, the development of water management plans, and the use
of disinfection measures;

(8)
Standards and procedures for data reporting;

(9)
Standards and procedures for emergency preparedness;

(10)
Standards and procedures for the provision of technical assistance as
described in section 3722.09 of the Revised Code;

(11)
Standards and procedures for new hospitals to demonstrate eligibility
as described in division (B)(2) of section 3722.03 of the Revised
Code;

(12)
Standards and procedures to address changes to a hospital's license,
including adding or removing a location of the hospital.

(C)(1)
In the case of an inspection fee described in division (B)(4) of this
section, the director shall establish an amount to cover only the
cost of the inspection. All other fees established under that
division shall be limited to what is necessary to support the
hospital licensure program.

(2)
The director shall establish a scale for use in determining the
amount of a civil penalty that may be imposed under section 3722.07
of the Revised Code. The scale shall include per day amounts for
ongoing violations. The total amount of a civil penalty shall not
exceed two hundred fifty thousand dollars for each violation.

(3)
The director shall accept a corrective action plan that also was
accepted by the federal centers for medicare and medicaid services or
an accrediting organization approved under 42 U.S.C. 1395bb(a)
provided that the plan was submitted to the centers or organization
in response to the same deficiencies identified by the director.

(D)

The
director may adopt any other rules as necessary to implement this
chapter.

(E)

When
adopting rules under this section, all of the following apply:

(1)
The director shall adopt the rules in accordance with Chapter 119. of
the Revised Code;

(2)
Any rules adopted are not subject to division (F) of section 121.95
of the Revised Code;

(3)
The director shall collaborate with representatives of this state's
hospital industry to maximize the public health utility of rules
adopted under this section and limit the administrative burden of and
costs of complying with such rules.

(4)
The director shall not adopt rules that conflict with requirements
under federal laws or regulations.

Sec.
3723.09.
(A)

To
protect the health of individuals inhabiting, occupying, or
frequenting buildings, the director of health shall adopt rules to
implement the requirements of this chapter.
All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

(B)
The director shall adopt rules establishing criteria and procedures
for issuing and renewing licenses under section 3723.06 of the
Revised Code to radon testers, mitigation specialists, and mitigation
contractors. The rules may require that all applicants for licensure
as a radon tester or mitigation specialist pass an examination. If an
examination is required, the rules may require applicants to pass an
examination conducted by the department or an appropriate examination
conducted by the United States environmental protection agency.

(C)
The director shall adopt rules establishing criteria and procedures
for approving training courses under section 3723.07 of the Revised
Code. The rules may require that participants in training courses
pass an examination conducted by the operator of the course and may
require that the examinations be approved by the director.

(D)
The director shall adopt rules establishing criteria and procedures
for approving radon laboratories under section 3723.07 of the Revised
Code.

(E)
The director shall adopt rules establishing reasonable fees for
licenses, license renewals, radon laboratory approvals, and training
course approvals.

(F)
The director shall adopt rules establishing standards to be followed
by licensed radon testers, mitigation specialists, and mitigation
contractors for the prevention of hazards to the public health,
including standards for worker protection, record keeping, and
training of employees of licensed radon mitigation contractors.

(G)
The director shall adopt rules establishing procedures to be followed
by any individual, business entity, or government entity licensed by
another state to practice as a radon tester, mitigation specialist,
or mitigation contractor in providing notice to the director of
health prior to commencing practice in this state pursuant to section
3723.03 of the Revised Code.

(H)
The director may adopt rules that require licensed radon testers and
mitigation specialists to report to the director, by street address,
radon test results that indicate the presence of radon at a level
considered to be dangerous as determined by the director. The rules
may require the reporting of screening measurements, follow-up
measurements, post-mitigation measurements, and, if it is known that
radon mitigation has been performed, the methods of mitigation that
were used. Any information required to be reported to the director
under these rules is not a public record under section 149.43 of the
Revised Code, and shall not be released except in aggregate
statistical form.

Sec.
3725.02.
(A)

No
person other than a hospital shall collect plasma, regardless of the
use for which the plasma is intended, except at a plasmapheresis
center holding a current, valid certificate of approval issued by the
director of health.

Whoever
violates this division is guilty of a misdemeanor of the fourth
degree.

(B)
The director shall adopt such rules as are necessary to carry out
this chapter.

Sec.
3725.03.
Application
for certificate shall be made to the director of health by the
operator of each establishment desiring to operate as a
plasmapheresis center. The director shall prescribe the application
form.

The
director or
his
the
director's

representative shall inspect each establishment prior to
certification, and thereafter at least once each year. Plasmapheresis
facilities and operations shall be made available for inspection
during normal working hours upon request of any authorized
representative of the state department of health. If the director
finds, upon inspection, that an establishment applying for
certification complies with this chapter

and the rules adopted thereunder
,

he
the
director

shall issue a certificate of approval to the owner of the center. The
owner shall annually apply for renewal of certification according to
the standard renewal procedure under Chapter 4745. of the Revised
Code.

The
director may require the center at any time to send samples of any
material collected or processed by the center, together with the
results of applicable tests, to the department of health.

Sec.
3725.04.
Certification
of a plasmapheresis center may be denied, revoked, or suspended if
the director of health finds that the center is not in compliance
with this chapter

and the rules adopted thereunder, or if the examination of samples
and test results submitted under section 3725.03 of the Revised Code
reveals noncompliance with such rules
.
The director shall notify the owner of the center of the proposed
action and the violation or information on which it is based. If the
owner requests a hearing within seven working days of the receipt of
notice, certification shall not be revoked or suspended prior to the
hearing, except that certification may be temporarily suspended if
the director finds that the public health and safety is in imminent
danger.

Sec.
3725.05.
No
plasmapheresis center shall be certified by the director of health
unless all federal requirements for the collection of plasma by
plasmapheresis under the "Public Health Service Act," 58
Stat. 682 (1944) 42 U.S.C. 201, as amended, are met and:

(A)
A test approved by the director of health for hepatitis B antigen is
made on a sample of blood taken from the donor at the time of blood
collection;

(B)
No person who has ever shown a positive test for hepatitis B antigen
or who has a history of hepatitis serves as a donor for plasma, with
the exception of plasma intended for special purposes approved by the
director of health;

(C)
A qualified licensed physician, known as the medical director, is
responsible for compliance with this chapter

and rules adopted thereunder,

and for maintaining the health and safety of participants in the
plasmapheresis procedure;

(D)
One of the following individuals is in attendance at all times when a
donor is undergoing plasmapheresis and is responsible for supervising
the procedure and the maintenance of sterile technique:

(1)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(2)
A licensed practical nurse or registered nurse as defined in section
4723.01 of the Revised Code;

(3)
An individual who is certified as an emergency medical
technician-intermediate or emergency medical technician-paramedic
under Chapter 4765. of the Revised Code, but is not attending or
supervising the procedure or maintaining sterile technique in the
individual's capacity as an emergency medical technician;

(4)
Another qualified medical staff person, including a medical
technologist, approved by the director of health.

(E)
Handwashing facilities are present in the room where the blood is
drawn and in the room where the formed elements are separated from
the plasma.

Sec.
3726.14.
Not
later than ninety days after
the
effective date of this section
April
6, 2021
,
the director of health, in accordance with Chapter 119. of the
Revised Code, shall adopt rules
necessary
to carry out sections 3726.01 to 3726.13 of the Revised Code,
including rules
that
prescribe the following:

(A)
The notification form informing pregnant women who seek surgical
abortions of the following:

(1)
The right to determine final disposition of fetal remains under
division (A) of section 3726.03 of the Revised Code;

(2)
The available options for locations and methods for the disposition
of fetal remains.

(B)
The consent form for purposes of section 3726.04 or 3726.041 of the
Revised Code;

(C)(1)
A detachable supplemental form to the form described in division
(B)(4) of section 2317.56 of the Revised Code that meets the
following requirements:

(a)
Indicates whether the pregnant woman has indicated a preference as to
the method of disposition of the fetal remains and the preferred
method selected;

(b)
Indicates whether the pregnant woman has indicated a preference as to
the location of disposition of the fetal remains;

(c)
Provides for the signature of the physician who is to perform or
induce the abortion;

(d)
Provides for a medical identification number for the pregnant woman
but does not provide for the pregnant woman's printed name or
signature.

(2)
If a medical emergency or medical necessity prevents the pregnant
woman from completing the detachable supplemental form, procedures to
complete that form a reasonable time after the medical emergency or
medical necessity has ended.

Sec.
3727.131.
(A)(1)
In an effort to improve the quality of care for patients affected by
stroke, the department of health shall establish and maintain a
process for the collection, transmission, compilation, and oversight
of data related to stroke care. Such data shall be collected,
transmitted, compiled, and overseen in a manner prescribed by the
director of health.

As
part of the process and except as provided in division (A)(2) of this
section, the department shall establish or utilize a stroke registry
database to store information, statistics, and other data on stroke
care, including information, statistics, and data that align with
nationally recognized treatment guidelines and performance measures.

(2)
If the department established or utilized, prior to
the
effective date of this section
October
3, 2023
,
a stroke registry database that meets the requirements of this
section, then both of the following apply:

(a)
Division (A)(1) of this section shall not be construed to require the
department to establish or utilize another such database.

(b)
The department shall maintain both the process and stroke registry
database described in this section, including in the event federal
moneys are no longer available to support the process or database.

(B)
Not later than six months after
the
effective date of this section
October
3, 2023
,
the director of health shall adopt rules
as
necessary to implement this section, including rules
specifying
all of the following:

(1)
The information, statistics, and other data to be collected, which
shall do both of the following:

(a)
Align with stroke consensus metrics developed and approved by both of
the following: (i) The United States centers for disease control and
prevention; (ii) Accreditation organizations that are approved by the
United States centers for medicare and medicaid services and that
certify stroke centers.

(b)
Include at a minimum both of the following:

(i)
Data that is consistent with nationally recognized treatment
guidelines for patients with confirmed stroke;

(ii)
In the case of mechanical endovascular thrombectomy, data regarding
the treatment's processes, complications, and outcomes, including
data required by national certifying organizations.

(2)
The manner in which the information, statistics, and other data are
to be collected;

(3)
The manner in which the information, statistics, and other data are
to be transmitted for inclusion in the stroke registry database.

(C)
When adopting rules as described in division (B) of this section, all
of the following apply:

(1)
The director of health shall do all of the following:

(a)
Consider nationally recognized stroke care performance measures;

(b)
Designate an electronic platform for the collection and transmission
of data.

When
designating the platform, the director shall consider nationally
recognized stroke data platforms.

(c)
In an effort to avoid duplication and redundancy, coordinate, to
every extent possible, with hospitals recognized by the department
under section 3727.13 of the Revised Code and national voluntary
health organizations involved in stroke quality improvement.

(2)
The director of health may specify that, of the information,
statistics, or other data that is collected, only samples are to be
transmitted for inclusion in the stroke registry database.

(3)
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

(D)(1)
Except as provided in division (D)(2) of this section, each hospital
that is recognized by the department under section 3727.13 of the
Revised Code as a comprehensive stroke center, thrombectomy-capable
stroke center, or primary stroke center shall do both of the
following:

(a)
Collect the information, statistics, and other data specified by the
director in rules adopted under division (B) of this section;

(b)
Transmit the information, statistics, and other data for inclusion in
the stroke registry database.

A
hospital may contract with a third-party organization for the
collection and transmission of the information, statistics, and other
data. If a hospital contracts with a third-party organization, the
organization shall collect and transmit such information, statistics,
and other data for inclusion in the stroke registry database.

(2)
The data described in division (B)(1)(b)(ii) of this section shall be
collected and transmitted only by a hospital that is recognized by
the department under section 3727.13 of the Revised Code as a
thrombectomy-capable stroke center.

(3)
In the case of a hospital that is recognized by the department under
section 3727.13 of the Revised Code as an acute stroke ready
hospital, the collection and transmission of the data described in
division (B) of this section is encouraged.

(E)
The information, statistics, or other data collected or transmitted
as required or encouraged by this section shall not identify or tend
to identify any particular patient.

(F)
The department may establish an oversight committee to advise and
monitor the department in implementing this section and to assist the
department in developing short- and long-term goals for the stroke
registry database.

If
established, the membership of the committee shall consist of
individuals with expertise or experience in data collection, data
management, or stroke care, including both of the following:

(1)
Individuals representing organizations advocating on behalf of those
with stroke or cardiovascular conditions;

(2)
Individuals representing hospitals recognized by the department under
section 3727.13 of the Revised Code.

Sec.
3727.19.
(A)
As used in this section:

(1)
"Advisory committee" means the advisory committee on
immunization practices of the United States centers for disease
control and prevention or its successor agency.

(2)
"Certified nurse-midwife," "clinical nurse
specialist," and "certified nurse practitioner" have
the same meanings as in section 4723.01 of the Revised Code.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(B)
Each hospital shall offer to each patient who is admitted to the
hospital, in accordance with guidelines issued by the advisory
committee, vaccination against influenza, unless a physician,
certified nurse-midwife if authorized as described in section
4723.438 of the Revised Code, clinical nurse specialist, or certified
nurse practitioner has determined that vaccination of the patient is
medically inappropriate. The vaccine shall be of a form approved by
the advisory committee for that calendar year. A patient may refuse
vaccination.

(C)
Each hospital shall offer to each patient who is admitted to the
hospital, in accordance with guidelines issued by the advisory
committee, vaccination against pneumococcal pneumonia, unless a
physician, certified nurse-midwife if authorized as described in
section 4723.438 of the Revised Code, clinical nurse specialist, or
certified nurse practitioner has determined that vaccination of the
patient is medically inappropriate. Each vaccine shall be of a form
approved by the advisory committee for that calendar year. A patient
may refuse vaccination.

(D)
The director of health may adopt rules under Chapter 119. of the
Revised Code as the director considers appropriate to implement this
section.

Sec.
3727.23.
The
director of health may adopt rules
for
the implementation of sections 3727.21 and 3727.22 of the Revised
Code, including rules
establishing
procedures and criteria for the review and evaluation of proposed
cooperative agreements under section 3727.22 of the Revised Code. If
rules are adopted, they shall ensure that there is opportunity for
public comment during the review and evaluation of proposed
cooperative agreements.

Sec.
3727.25.
(A)
As used in this section:

(1)
"Surgical smoke" means the airborne byproduct of an
energy-generating device used in a surgical procedure, including
smoke plume, bioaerosols, gases, laser-generated contaminants, and
dust.

(2)
"Surgical smoke evacuation system" means equipment designed
to capture, filter, and eliminate surgical smoke at the point of
origin, before the smoke makes contact with the eyes or respiratory
tract of individuals.

(B)
Not later than one year after
the
effective date of this section
October
3, 2023
,
each hospital that offers surgical services shall adopt and implement
a policy designed to prevent human exposure to surgical smoke during
any planned surgical procedure that is likely to generate surgical
smoke. The policy shall include the use of a surgical smoke
evacuation system.

(C)
The director of health may adopt any rules the director considers
necessary to implement this section. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code.

Sec.
3727.31.
As
used in sections 3727.31 to
3727.40

3727.39

of
the Revised Code:

(A)
"Ancillary service" means a hospital item or service that a
hospital customarily provides as part of a shoppable service.

(B)
"Chargemaster" means the list maintained by a hospital of
each hospital item or service for which the hospital has established
a charge.

(C)
"De-identified maximum negotiated charge" means the highest
charge that a hospital has negotiated with all third-party payors for
a hospital item or service.

(D)
"De-identified minimum negotiated charge" means the lowest
charge that a hospital has negotiated with all third-party payors for
a hospital item or service.

(E)
"Discounted cash price" means the charge that applies to an
individual who pays cash, or a cash equivalent, for a hospital item
or service.

(F)
"Federal price transparency law" means section 2718(e) of
the "Public Health Service Act," 42 U.S.C. 300gg-18, and
hospital price transparency rules adopted by the United States
department of health and human services and the United States centers
for medicare and medicaid services implementing that section,
including the rules and requirements under 45 C.F.R. 180.

(G)
"Hospital" has the same meaning as in section 3722.01 of
the Revised Code.

(H)
"Hospital items or services" means all items or services,
including individual items or services and service packages, that may
be provided by a hospital to a patient in connection with an
inpatient admission or an outpatient department visit, as applicable,
for which the hospital has established a standard charge, including
all of the following:

(1)
Supplies and procedures;

(2)
Room and board;

(3)
Use of the hospital and other areas, the charges for which are
generally referred to as facility fees;

(4)
Services of physicians and non-physician practitioners, employed by
the hospital, the charges for which are generally referred to as
professional fees;

(5)
Any other item or service for which a hospital has established a
standard charge.

(I)
"Gross charge" means the charge for a hospital item or
service that is reflected on a hospital's chargemaster, absent any
discounts.

(J)
"Machine-readable format" means a digital representation of
information in a file that can be imported or read into a computer
system for further processing. "Machine-readable format"

includes.XML,.JSON,
and.CSV
includes

.
XML,

.
JSON,
and
.
CSV

formats.

(K)
"Payor-specific negotiated charge" means the charge that a
hospital has negotiated with a third-party payor for a hospital item
or service.

(L)
"Personal data" means any information that is linked or
reasonably linkable to an identified or identifiable person in this
state. "Personal data" does not include either of the
following:

(1)
Publicly available information;

(2)
Personal data that has been de-identified or aggregated using
commercially reasonable methods such that neither the associated
person, nor a device linked to that person, can be reasonably
identified.

(M)
"Process" or "processing" means any operation or
set of operations that are performed on personal data, whether or not
by automated means, including the collection, use, storage,
disclosure, analysis, deletion, transfer, or modification of personal
data.

(N)
"Publicly available information" means information that is
lawfully made available from federal, state, or local government
records or widely available media.

(O)
"Service package" means an aggregation of individual
hospital items or services into a single service with a single
charge.

(P)
"Shoppable service" means a service that may be scheduled
by a health care consumer in advance.

(Q)
"Standard charge" means the regular rate established by the
hospital for a hospital item or service provided to a specific group
of paying patients. "Standard charge" includes all of the
following:

(1)
The gross charge;

(2)
The payor-specific negotiated charge;

(3)
The de-identified minimum negotiated charge;

(4)
The de-identified maximum negotiated charge;

(5)
The discounted cash price.

(R)
"Targeted advertising" means displaying an advertisement
that is selected based on personal data obtained from the use of a
hospital's internet-based price estimator tool by a person in this
state. "Targeted advertising" does not include any of the
following:

(1)
Advertising in response to the user's request for information or
feedback;

(2)
Advertisements based on activities within a hospital's own web sites
or online applications;

(3)
Advertisements based on the context of a user's current search query,
visit to a web site, or online application;

(4)
Processing personal data solely for measuring or reporting
advertising performance, reach, or frequency.

(S)
"Third-party payor" means an entity that is, by statute,
contract, or agreement, legally responsible for payment of a claim
for a hospital item or service.

Sec.
3727.33.
(A)
A hospital shall maintain a list of all standard charges for all
hospital items or services in accordance with this section. The
hospital shall ensure that the list is available at all times to the
public, including by posting the list electronically in the manner
provided by this section.

(B)
The standard charges contained in the list shall reflect the standard
charges applicable to that location of the hospital, regardless of
whether the hospital operates in more than one location or operates
under the same license as another hospital.

(C)
The list shall include the following information, as applicable:

(1)
A description of each hospital item or service provided by the
hospital;

(2)
The following charges, expressed in dollar amounts, for each
particular hospital item or service when provided in either an
inpatient setting or an outpatient department setting, as applicable:

(a)
The gross charge;

(b)
The de-identified minimum negotiated charge;

(c)
The de-identified maximum negotiated charge;

(d)
The discounted cash price;

(e)
The payor-specific negotiated charge, listed by the name of the
third-party payor and health plan associated with the charge and
displayed in a manner that clearly associates the charge with each
third-party payor and health plan;

(f)
Any code used by the hospital for purposes of accounting or billing
for the hospital item or service, including the current procedural
terminology (CPT) code, healthcare common procedure coding system
(HCPCS) code, diagnosis related group (DRG) code, national drug code
(NDC), or other common identifier.

(D)
The information contained in the list shall be published in a single
digital file that is in a machine-readable format.

(E)
The list shall be displayed in a prominent location on the home page
of the hospital's publicly accessible internet web site or be
accessible by selecting a dedicated link that is prominently
displayed on that home page. If the hospital operates multiple
locations and maintains a single internet web site, a separate list
shall be posted for each location the hospital operates and shall be
displayed in a manner that clearly associates the list with the
applicable location.

(F)
The list shall satisfy all of the following conditions:

(1)
Be available free of charge; without having to register or establish
a user account or password; without having to submit personal
identifying information, including any information pertaining to an
individual's health care coverage or other benefits; and without
having to overcome any other impediment in order to access the list,
including such impediments as entering a code or completing any type
of security measure known as challenge-response authentication;

(2)
Be accessible to a common commercial operator of an internet search
engine to the extent necessary for the search engine to index the
list and display the list as a result in response to a search query
of a user of the search engine;

(3)
Be formatted in a manner prescribed by the template developed under
division (G) of this section;

(4)
Be digitally searchable;

(5)
Use the following naming convention specified by the United States
centers for medicare and medicaid services, specifically:

"<ein>_<hospital-name>_standardcharges.[jsonxmlcsv]."

(G)
For purposes of division (F)(3) of this section, the director of
health shall develop a template that each hospital shall use in
formatting the list. In developing the template, the director shall
do both of the following:

(1)
Consider any applicable federal guidelines for formatting similar
lists required by federal statutes or regulations and ensure that the
design of the template enables health care consumers or other
researchers to compare the charges contained in the lists maintained
by each hospital;

(2)
Design the template to be substantially similar to the template used
by the United States centers for medicare and medicaid services for
purposes similar to those of sections 3727.31 to
3727.40

3727.39

of
the Revised Code, if the director determines that designing the
template in that manner serves the purposes of this section and that
the department of health benefits from the director developing and
requiring that substantially similar design.

(H)
At least once each year, the hospital shall update the list it
maintains under this section. The hospital shall clearly indicate the
date on which the list was most recently updated, either on the list
or in a manner that is clearly associated with the list.

Sec.
3727.36.
(A)
No hospital shall do any of the following:

(1)(a)
Fail to comply with the requirement to make public the list described
in section 3727.33 of the Revised Code;

(b)
Fail to comply with the requirements to make public
the

either
the list or the internet-based price estimator tool described in
section 3727.34 of the Revised Code.

(2)(a)
Fail to maintain the list required by section 3727.33 of the Revised
Code in accordance with the requirements of that section;

(b)
Fail to maintain either the list or the internet-based price
estimator tool required by section 3727.34 of the Revised Code in
accordance with the requirements of that section.

(3)
Fail in any other manner to comply with the requirements that apply
to a list and, if applicable, the internet-based price estimator
tool, under sections 3727.31 to
3727.40

3727.39

of
the Revised Code.

(B)
The director of health shall monitor each hospital's compliance with
division (A) of this section. The monitoring may occur by any of the
following methods:

(1)
Reviewing any credible analysis prepared regarding compliance or
noncompliance by hospitals;

(2)
Auditing the internet web sites of hospitals for compliance;

(3)
Confirming that each hospital submits updated lists as required by
section 3727.35 of the Revised Code.

(C)(1)
The director of health shall create and make publicly available a
list that identifies each hospital that is not in compliance with
division (A) of this section. The list of noncompliant hospitals
shall include any hospital that has been sent a notice of violation
under section 3727.37 of the Revised Code, is subject to an order
imposing an administrative penalty under section 3727.38 of the
Revised Code, has been sent any other written communication from the
director regarding a violation of division (A) of this section, or
otherwise has been determined by the director to be not in compliance
with division (A) of this section.

(2)
The list of noncompliant hospitals is a public record, as defined in
section 149.43 of the Revised Code.

(3)
After the director of health has determined that a hospital is not in
compliance with division (A) of this section, the materials that
consist of notices, orders, communications, and determinations under
sections 3727.31 to
3727.40

3727.39

of
the Revised Code are public records, as defined in section 149.43 of
the Revised Code.

(D)
Not later than ninety days after
the
effective date of this section
April
3, 2025
,
the director of health shall create the initial list of noncompliant
hospitals and include the list on the internet web site maintained by
the department of health. The director shall update the list and web
site at least every thirty days thereafter.

Sec.
3727.38.
(A)(1)
Notwithstanding any conflicting provision of the Revised Code, the
director of health shall impose an administrative penalty on a
hospital if the hospital does both of the following:

(a)
Violates division (A) of section 3727.36 of the Revised Code;

(b)
Violates division (D) of section 3727.37 of the Revised Code.

(2)
Each day a violation continues is considered a separate violation.

(B)
In imposing an administrative penalty under this section, the
director of health shall act in accordance with Chapter 119. of the
Revised Code. The amount of the penalty to be imposed on a hospital
shall be selected by the director, subject to the minimum amounts and
considerations specified in division (C) of this section. For all
penalties that are imposed, the director shall select amounts that
are sufficient to ensure that hospitals comply with the requirements
of sections 3727.31 to
3727.40

3727.39

of
the Revised Code.

(C)(1)
An administrative penalty imposed under this section shall not be
less than the following:

(a)
In the case of a hospital with a bed count of thirty or fewer, three
hundred dollars;

(b)
In the case of a hospital with a bed count that is greater than
thirty and equal to or fewer than five hundred fifty, ten dollars per
bed;

(c)
In the case of a hospital with a bed count that is greater than five
hundred fifty, five thousand five hundred dollars.

(2)
In setting the amount of the penalty to be imposed on a hospital, the
director of health shall consider all of the following:

(a)
Previous violations by the hospital's operator;

(b)
The seriousness of the violation;

(c)
The demonstrated good faith of the hospital's operator;

(d)
Any other matters as justice may require.

(D)
An administrative penalty collected under this section shall be
deposited into the state treasury to the credit of the hospital price
transparency fund created by section 3727.381 of the Revised Code.

Sec.
3727.381.
There
is hereby created in the state treasury the hospital price
transparency fund, consisting of administrative penalties collected
under section 3727.38 of the Revised Code. The director of health
shall administer the fund. The amounts deposited shall be used for
purposes of administering and enforcing sections 3727.31 to
3727.40

3727.39

of
the Revised Code, except that the director may use a portion for
purposes of informing the public about the availability of hospital
price information and other consumer rights under those sections.

Sec.
3727.39.
The
director of health shall prepare reports and submit them in
accordance with all of the following:

(A)
On an annual basis, the director shall prepare a report on hospitals
that are in violation of division (A) of section 3727.36 or division
(D) of section 3727.37 of the Revised Code.

(B)
Within sixty days after any change to the federal price transparency
law, the director shall prepare a report of the director's
recommendations for conforming sections 3727.31 to
3727.40

3727.39

of
the Revised Code with the change or, alternatively, stating that no
conforming changes are necessary.

(C)
The director shall submit the reports required by divisions (A) and
(B) of this section to the general assembly in accordance with
section 101.68 of the Revised Code, the chairperson of the standing
committee of the house of representatives with primary responsibility
for health legislation, the chairperson of the standing committee of
the senate with primary responsibility for health legislation, and
the governor.

Sec.
3727.70.
As
used in this section and sections 3727.71 to
3727.79

3727.78

of
the Revised Code:

(A)
"Admission" means a patient's admission to a hospital on an
inpatient basis by a health care professional specified in division
(B)(1) of section 3727.06 of the Revised Code.

(B)
"After-care" means assistance provided by a lay caregiver
to a patient in the patient's residence after the patient's discharge
and includes only the caregiving needs of the patient at the time of
discharge.

(C)
"Discharge" means the discharge or release of a patient who
has been admitted to a hospital on an inpatient basis from the
hospital directly to the patient's residence. "Discharge"
does not include the transfer of a patient to another facility or
setting.

(D)
"Discharging health care professional" means a health care
professional who is authorized by division (B)(1) of section 3727.06
of the Revised Code to admit a patient to a hospital and who has
assumed responsibility for directing the creation of the patient's
discharge plan under section 3727.75 of the Revised Code.

(E)
"Guardian" has the same meaning as in section 2133.01 of
the Revised Code.

(F)
"Lay caregiver" means an adult designated under section
3727.71 of the Revised Code to provide after-care to a patient.

(G)
"Lay caregiver designation" means the designation of a lay
caregiver for a patient as described in section 3727.71 of the
Revised Code.

(H)(1)
"Patient's residence" means either of the following:

(a)
The dwelling that a patient or the patient's guardian considers to be
the patient's home;

(b)
The dwelling of a relative or other individual who has agreed to
temporarily house the patient following discharge and who has
communicated this fact to hospital staff.

(2)
"Patient's residence" does not include any of the
following:

(a)
A hospital;

(b)
A nursing home, residential care facility, county home, or district
home, as defined in section 3721.01 of the Revised Code;

(c)
A veterans' home operated under Chapter 5907. of the Revised Code;

(d)
A residential facility, as defined in section 5119.34 of the Revised
Code;

(e)
A residential facility, as defined in section 5123.19 of the Revised
Code;

(f)
A hospice care program, as defined in section 3712.01 of the Revised
Code;

(g)
A freestanding inpatient rehabilitation facility licensed under
section 3702.30 of the Revised Code;

(h)
Another facility similar to one specified in this division.

Sec.
3727.72.
(A)
If a patient or guardian makes a lay caregiver designation, the
hospital shall do both of the following:

(1)
To the extent the information is available, record in the patient's
medical record the lay caregiver's name, address, telephone number,
electronic mail address, and relationship to the patient;

(2)
Request from the patient or guardian consent to disclose the
patient's medical information to the lay caregiver in accordance with
hospital policy and state and federal law.

(B)
If a patient or guardian declines to make a lay caregiver
designation, the hospital shall note that decision in the patient's
medical record and have no other obligation under sections 3727.71 to

3727.79

3727.78

of
the Revised Code.

Sec.
3730.10.
(A)
The director of health shall adopt rules
in
accordance with Chapter 119. of the Revised Code as necessary for the
implementation and enforcement of this chapter. The rules shall
that

include
all of the following:

(1)
Safety and sanitation standards and procedures to be followed to
prevent the transmission of infectious diseases during the
performance of tattooing and body piercing procedures;

(2)
Standards and procedures to be followed for appropriate disinfection
and sterilization of all invasive equipment or parts of equipment
used in tattooing procedures, body piercing procedures, and ear
piercing procedures performed with an ear piercing gun;

(3)
Procedures for suspending and revoking approvals under section
3730.05 of the Revised Code.

(B)
The rules adopted under division (A)(1) of this section shall
establish universal blood and body fluid precautions to be used by
any individual who performs tattooing or body piercing procedures.
The precautions shall include all of the following:

(1)
The appropriate use of hand washing;

(2)
The handling and disposal of all needles and other sharp instruments
used in tattooing or body piercing procedures;

(3)
The wearing and disposal of gloves and other protective garments and
devices.

(C)
The rules adopted under division (A) of this section may include
standards and procedures to be followed by a business that offers
tattooing or body piercing services to ensure that the individuals
who perform tattooing or body piercing procedures for the business
are adequately trained to perform the procedures properly.

Sec.
3731.02.
(A)
The state fire marshal shall make
such
rules as are necessary to carry out this chapter, which shall
include, but are not limited to,
rules
establishing requirements to renew a license issued under this
chapter and fees for licensure and renewal and for inspections of
hotels. Except as provided in division (G) of section 3731.12 of the
Revised Code, the state fire marshal and the assistant state fire
marshals shall enforce this chapter.

(B)
Except as otherwise provided in this division and divisions (C) and
(D) of this section, the board of building standards shall adopt,
pursuant to section 3781.10 of the Revised Code, rules that specify
that the building code standards for SRO facilities shall be use
group R-2. Any facility operating prior to October 16, 1996, in the
nature of an SRO facility that met the building code standards for an
SRO facility prior to that date, whether previously licensed as a
hotel or not, and after October 16, 1996, licensed as an SRO facility
under section 3731.03 of the Revised Code, shall be permitted under
the rules to have a building code standard of either use group R-1 or
use group R-2 if the facility meets the requirements for those use
groups as specified in the Ohio building code adopted pursuant to
section 3781.10 of the Revised Code. The requirements of this
division apply to an SRO facility that holds a license as an SRO
facility on September 12, 2008, unless any of the following events
occur on or after September 12, 2008:

(1)
The owner of the SRO facility constructs or alters the facility.

(2)
The owner of the SRO facility surrenders the license issued to that
facility.

(3)
The owner of the SRO facility changes the use or occupancy of that
facility.

(4)
The license issued to that SRO facility under this chapter is revoked
or is not renewed.

(C)
If any of the events described in divisions (B)(1) to (4) of this
section occur, the owner of the structure shall comply with division
(D) of this section to obtain a new license to operate as an SRO
facility.

(D)
Beginning on September 12, 2008, the state fire marshal shall not
issue a new license to operate a facility as an SRO facility, and
shall not renew such a license issued under this division, unless the
SRO facility is constructed providing individual sleeping rooms for
each guest; has, on a per-room or a communal basis within each
building to be licensed as an SRO facility, permanent provisions for
living, eating, cooking, and sanitation; and is constructed in
accordance with the requirements specified for SRO facilities and is
approved by the building official having jurisdiction over that
facility to be an SRO facility. An SRO facility subject to this
division shall only operate with, and shall properly maintain,
individual sleeping rooms for each guest and shall only operate with,
and shall properly maintain, on a per-room or communal basis,
permanent provisions available to all guests for living, eating,
cooking, and sanitation.

(E)
The state fire marshal may, pursuant to division (A) of this section,
adopt rules establishing a fire code and sanitary standards
compliance incentive program for persons required to procure a
license for a hotel under section 3731.03 of the Revised Code. The
rules may include provisions for the creation of a "Safe Stay
Hotel" designation by the state fire marshal, the standards a
licensed hotel must meet to achieve and maintain that designation,
the procedures the state fire marshal shall use to publish and
maintain a registry of hotels receiving that designation, and any
monetary incentives offered by the state fire marshal to encourage a
licensed hotel to achieve and maintain that designation. At a
minimum, no hotel may be designated as a "Safe Stay Hotel"
or maintain such a designation unless it meets the fire code and
sanitary compliance standards established pursuant to this section
for a continuous period of at least twenty-four months.

Nothing
in this division shall be construed to limit the power of this state,
the department of commerce, the state fire marshal, or any other
political subdivision of the state to administer and enforce any
other sections of this chapter or any other applicable laws, rules,
and regulations. Nothing in this division shall be construed to
require the state fire marshal to designate a hotel as a "Safe
Stay Hotel" or require the state fire marshal to award a
monetary incentive to a hotel in any manner that is inconsistent or
in conflict with the rules adopted under this section or any other
applicable laws, rules, or regulations.

Sec.
3731.03.
(A)
Every person in the business of conducting a hotel or an SRO facility
shall procure, in accordance with the requirements specified in this
chapter and the rules adopted pursuant to it, a license for each
hotel or SRO facility conducted or proposed to be conducted.

(B)
No hotel or SRO facility shall be maintained, conducted, or
advertised without a license. No person shall advertise, conduct,
maintain, or operate any structure as a hotel or as an SRO facility
without a license, and no person shall operate such a structure that
is not equipped in the manner and conditions as required under this
chapter. No person shall advertise, conduct, maintain, or operate a
licensed hotel or licensed SRO facility in a manner that is
inconsistent with the requirements of this chapter

or any rules adopted pursuant to it
.

(C)(1)
A structure licensed as an extended stay hotel on
the
effective date of this amendment

September 12, 2008,

may maintain that license by continuing to satisfy the requirements
that were applicable to that extended stay hotel at the time the
license was issued, unless any of the following events occur
regarding that extended stay hotel:

(a)
The owner of the extended stay hotel constructs or alters the hotel.

(b)
The owner of the extended stay hotel surrenders the license issued to
that hotel.

(c)
The owner of the extended stay hotel changes the use or occupancy of
that hotel.

(d)
The license issued to that extended stay hotel under this chapter is
revoked or is not renewed.

(2)
If any of the events described in divisions (C)(1)(a) to (d) of this
section occur, the owner of the structure shall comply with division
(C)(3) of this section to obtain a new license to operate as an
extended stay hotel.

(3)
Beginning on
the
effective date of this amendment
September
12, 2008
,
the state fire marshal shall not issue a new license to operate a
facility as an extended stay hotel, and shall not renew such a
license issued under division (C)(3) of this section, unless the
facility satisfies the requirements to be an extended stay hotel as
specified in division (A)(3) of section 3731.01 of the Revised Code.

(D)
All licenses shall expire on the last day of December of each year
and be renewed in accordance with the requirements for renewal
established in rules adopted by the state fire marshal pursuant to
division (A) of section 3731.02 of the Revised Code.

(E)
A person who has received a license, upon the sale or disposition of
the hotel or SRO facility or its removal to a new location, may, upon
obtaining consent of the state fire marshal, have the license
transferred. No license shall be transferred without both an
inspection conducted by and the consent of the state fire marshal,
and the state fire marshal shall not unreasonably withhold consent.

(F)
A license to maintain and operate a hotel or an SRO facility shall
not be issued to the keeper, owner, or lessee of any hotel or SRO
facility where accommodations for assignation purposes are furnished,
or to any keeper, owner, or lessee who has been convicted of keeping
a place in violation of the law relating to houses of assignation or
places of public nuisance.

(G)(1)
No person licensed to maintain and operate a hotel or SRO facility
shall also maintain and operate an agricultural labor camp, apartment
house, apartment, lodging house, rooming house, or hospital or
college dormitory in the same structure as is located the licensed
hotel or SRO facility, unless the agricultural labor camp, apartment
house, apartment, lodging house, rooming house, or hospital or
college dormitory has been constructed as, and been approved by the
building official having jurisdiction as being, a separate building
within the hotel or SRO facility structure in accordance with the
requirements specified in the state nonresidential building code
adopted pursuant to section 3781.10 of the Revised Code or is
separated in a manner that satisfies the requirements for occupancy
separation specified in that code.

(2)
All hotel and SRO facility uses shall continue in accordance with
their approval under the license issued by the state fire marshal
unless a change in use or occupancy has been approved by the building
official having jurisdiction over the hotel or SRO facility and the
license has been revised by the state fire marshal.

(H)
If an extended stay hotel license is revoked by the state fire
marshal in accordance with section 3731.06 of the Revised Code, the
owner of that structure shall not operate that structure in
accordance with the use and occupancy classification for which the
structure was approved or in accordance with the license issued under
this chapter by the state fire marshal and shall not open that
structure for use by the public until and unless the state fire
marshal determines, in accordance with the requirements specified in
the state nonresidential building code adopted pursuant to section
3781.10 of the Revised Code and the state fire code adopted pursuant
to section 3737.82 of the Revised Code, that it is safe for the
structure to be operated. If, after the license is revoked, the owner
wishes to operate that structure as a hotel, the owner shall comply
with division (D) of section 3731.06 of the Revised Code.

(I)
A license to maintain and operate an SRO facility shall permit the
facility to offer rooms for thirty days or less if less than fifty
per cent of its rooms are occupied for a period of thirty days or
less.

Sec.
3734.02.
(A)
The director of environmental protection, in accordance with Chapter
119. of the Revised Code, shall adopt and may amend, suspend, or
rescind rules having uniform application throughout the state
governing
solid
waste facilities and
the
inspections of and issuance of permits and licenses for all solid
waste facilities in order to ensure that the facilities will be
located, maintained, and operated, and will undergo closure and
post-closure care, in a sanitary manner so as not to create a
nuisance, cause or contribute to water pollution, create a health
hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R. 257.3-8, as
amended. The rules may include
,
without limitation,

financial assurance requirements for closure and post-closure care
and corrective action and requirements for taking corrective action
in the event of the surface or subsurface discharge or migration of
explosive gases or leachate from a solid waste facility, or of ground
water contamination resulting from the transfer or disposal of solid
wastes at a facility, beyond the boundaries of any area within a
facility that is operating or is undergoing closure or post-closure
care where solid wastes were disposed of or are being disposed of.
The rules shall not concern or relate to personnel policies,
salaries, wages, fringe benefits, or other conditions of employment
of employees of persons owning or operating solid waste facilities.
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt and may amend, suspend, or rescind rules governing the
issuance, modification, revocation, suspension, or denial of
variances from the director's solid waste rules, including
,
without limitation,

rules adopted under this chapter governing the management of scrap
tires.

Variances
shall be issued, modified, revoked, suspended, or rescinded in
accordance with this division, rules adopted under it, and Chapter
3745. of the Revised Code. The director may order the person to whom
a variance is issued to take such action within such time as the
director may determine to be appropriate and reasonable to prevent
the creation of a nuisance or a hazard to the public health or safety
or the environment. Applications for variances shall contain such
detail plans, specifications, and information regarding objectives,
procedures, controls, and other pertinent data as the director may
require. The director shall grant a variance only if the applicant
demonstrates to the director's satisfaction that construction and
operation of the solid waste facility in the manner allowed by the
variance and any terms or conditions imposed as part of the variance
will not create a nuisance or a hazard to the public health or safety
or the environment. In granting any variance, the director shall
state the specific provision or provisions whose terms are to be
varied and also shall state specific terms or conditions imposed upon
the applicant in place of the provision or provisions.

The
director may hold a public hearing on an application for a variance
or renewal of a variance at a location in the county where the
operations that are the subject of the application for the variance
are conducted. The director shall give not less than twenty days'
notice of the hearing to the applicant by certified mail or by
another type of mail accompanied by a receipt. The director shall
publish at least one notice of the hearing in a newspaper with
general circulation in the county where the hearing is to be held or
may instead provide public notice by publication on the environmental
protection agency's web site. The director shall make available for
public inspection at the principal office of the environmental
protection agency a current list of pending applications for
variances and a current schedule of pending variance hearings. The
director shall make a complete stenographic record or electronic
record of testimony and other evidence submitted at the hearing.

Within
ten days after the hearing, the director shall make a written
determination to issue, renew, or deny the variance and shall enter
the determination and the basis for it into the record of the
hearing. The director shall issue, renew, or deny an application for
a variance or renewal of a variance within six months of the date
upon which the director receives a complete application with all
pertinent information and data required. No variance shall be issued,
revoked, modified, or denied until the director has considered the
relative interests of the applicant, other persons and property
affected by the variance, and the general public. Any variance
granted under this division shall be for a period specified by the
director and may be renewed from time to time on such terms and for
such periods as the director determines to be appropriate. No
application shall be denied and no variance shall be revoked or
modified without a written order stating the findings upon which the
denial, revocation, or modification is based. A copy of the order
shall be sent to the applicant or variance holder by certified mail
or by another type of mail accompanied by a receipt.

(B)
The director shall prescribe and furnish the forms necessary to
administer and enforce this chapter. The director may cooperate with
and enter into agreements with other state, local, or federal
agencies to carry out the purposes of this chapter. The director may
exercise all incidental powers necessary to carry out the purposes of
this chapter.

(C)
Except as provided in this division and divisions (N)(2) and (3) of
this section, no person shall establish a new solid waste facility or
infectious waste treatment facility, or modify an existing solid
waste facility or infectious waste treatment facility, without
submitting an application for a permit with accompanying detail
plans, specifications, and information regarding the facility and
method of operation and receiving a permit issued by the director,
except that no permit shall be required under this division to
install or operate a solid waste facility for sewage sludge treatment
or disposal when the treatment or disposal is authorized by a current
permit issued under Chapter 3704. or 6111. of the Revised Code.

No
person shall continue to operate a solid waste facility for which the
director has disapproved plans and specifications required to be
filed by an order issued under division (A)(3) of section 3734.05 of
the Revised Code, after the date prescribed for commencement of
closure of the facility in the order issued under division (A)(4) of
that section denying the permit application or approval.

On
and after the effective date of the rules adopted under division (A)
of this section and division (D) of section 3734.12 of the Revised
Code governing solid waste transfer facilities, no person shall
establish a new, or modify an existing, solid waste transfer facility
without first submitting an application for a permit with
accompanying engineering detail plans, specifications, and
information regarding the facility and its method of operation to the
director and receiving a permit issued by the director.

No
person shall establish a new compost facility or continue to operate
an existing compost facility that accepts exclusively source
separated yard wastes without submitting a completed registration for
the facility to the director in accordance with rules adopted under
divisions (A) and (N)(3) of this section.

This
division does not apply to a generator of infectious wastes that does
any of the following:

(1)
Treats, by methods, techniques, and practices established by rules
adopted under division (B)(2)(a) of section 3734.021 of the Revised
Code, any of the following:

(a)
Infectious wastes that are generated on any premises that are owned
or operated by the generator;

(b)
Infectious wastes that are generated by a generator who has staff
privileges at a hospital as defined in section 3727.01 of the Revised
Code;

(c)
Infectious wastes that are generated in providing care to a patient
by an emergency medical services organization as defined in section
4765.01 of the Revised Code.

(2)
Holds a license or renewal of a license to operate a crematory
facility issued under Chapter 4717. and a permit issued under Chapter
3704. of the Revised Code;

(3)
Treats or disposes of dead animals or parts thereof, or the blood of
animals, and is subject to any of the following:

(a)
Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;

(b)
Chapter 918. of the Revised Code;

(c)
Chapter 953. of the Revised Code.

(D)
Neither this chapter nor any rules adopted under it apply to
single-family residential premises; to infectious wastes generated by
individuals for purposes of their own care or treatment; to the
temporary storage of solid wastes, other than scrap tires, prior to
their collection for disposal; to the storage of one hundred or fewer
scrap tires unless they are stored in such a manner that, in the
judgment of the director or the board of health of the health
district in which the scrap tires are stored, the storage causes a
nuisance, a hazard to public health or safety, or a fire hazard; or
to the collection of solid wastes, other than scrap tires, by a
political subdivision or a person holding a franchise or license from
a political subdivision of the state; to composting, as defined in
section 1511.01 of the Revised Code, conducted in accordance with
section 1511.022 of the Revised Code; or to any person who is
licensed to transport raw rendering material to a compost facility
pursuant to section 953.23 of the Revised Code.

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

(a)
"On-site facility" means a facility that stores, treats, or
disposes of hazardous waste that is generated on the premises of the
facility.

(b)
"Off-site facility" means a facility that stores, treats,
or disposes of hazardous waste that is generated off the premises of
the facility and includes such a facility that is also an on-site
facility.

(c)
"Satellite facility" means any of the following:

(i)
An on-site facility that also receives hazardous waste from other
premises owned by the same person who generates the waste on the
facility premises;

(ii)
An off-site facility operated so that all of the hazardous waste it
receives is generated on one or more premises owned by the person who
owns the facility;

(iii)
An on-site facility that also receives hazardous waste that is
transported uninterruptedly and directly to the facility through a
pipeline from a generator who is not the owner of the facility.

(2)
Except as provided in division (E)(3) of this section, no person
shall establish or operate a hazardous waste facility, or use a solid
waste facility for the storage, treatment, or disposal of any
hazardous waste, without a hazardous waste facility installation and
operation permit issued in accordance with section 3734.05 of the
Revised Code and subject to the payment of an application fee not to
exceed one thousand five hundred dollars, payable upon application
for a hazardous waste facility installation and operation permit and
upon application for a renewal permit issued under division (H) of
section 3734.05 of the Revised Code, to be credited to the hazardous
waste facility management fund created in section 3734.18 of the
Revised Code. The term of a hazardous waste facility installation and
operation permit shall not exceed ten years.

In
addition to the application fee, there is hereby levied an annual
permit fee to be paid by the permit holder upon the anniversaries of
the date of issuance of the hazardous waste facility installation and
operation permit and of any subsequent renewal permits and to be
credited to the hazardous waste facility management fund. Annual
permit fees totaling forty thousand dollars or more for any one
facility may be paid on a quarterly basis with the first quarterly
payment each year being due on the anniversary of the date of
issuance of the hazardous waste facility installation and operation
permit and of any subsequent renewal permits. The annual permit fee
shall be determined for each permit holder by the director in
accordance with the following schedule:

1

2

3

A

TYPE
OF BASIC MANAGEMENT UNIT

TYPE
OF FACILITY

FEE

B

Storage
facility using:

C

Containers

On-site,
off-site, and satellite

$500

D

Tanks

On-site,
off-site, and satellite

500

E

Waste
pile

On-site,
off-site, and satellite

3,000

F

Surface
impoundment

On-site
and satellite

8,000

G

Off-site

10,000

H

Disposal
facility using:

I

Deep
well injection

On-site
and satellite

15,000

J

Off-site

25,000

K

Landfill

On-site
and satellite

25,000

L

Off-site

40,000

M

Land
application

On-site
and satellite

2,500

N

Off-site

5,000

O

Surface
impoundment

On-site
and satellite

10,000

P

Off-site

20,000

Q

Treatment
facility using:

R

Tanks

On-site,
off-site, and satellite

700

S

Surface
impoundment

On-site
and satellite

8,000

T

Off-site

10,000

U

Incinerator

On-site
and satellite

5,000

V

Off-site

10,000

W

Other
forms of treatment

On-site,
off-site, and satellite

1,000

A
hazardous waste disposal facility that disposes of hazardous waste by
deep well injection and that pays the annual permit fee established
in section 6111.046 of the Revised Code is not subject to the permit
fee established in this division for disposal facilities using deep
well injection unless the director determines that the facility is
not in compliance with applicable requirements established under this
chapter and rules adopted under it.

In
determining the annual permit fee required by this section, the
director shall not require additional payments for multiple units of
the same method of storage, treatment, or disposal or for individual
units that are used for both storage and treatment. A facility using
more than one method of storage, treatment, or disposal shall pay the
permit fee indicated by the schedule for each such method.

The
director shall not require the payment of that portion of an annual
permit fee of any permit holder that would apply to a hazardous waste
management unit for which a permit has been issued, but for which
construction has not yet commenced. Once construction has commenced,
the director shall require the payment of a part of the appropriate
fee indicated by the schedule that bears the same relationship to the
total fee that the number of days remaining until the next
anniversary date at which payment of the annual permit fee is due
bears to three hundred sixty-five.

The
director, by rules adopted in accordance with Chapters 119. and 3745.
of the Revised Code, shall prescribe procedures for collecting the
annual permit fee established by this division

and may prescribe other requirements necessary to carry out this
division
.

(3)
The prohibition against establishing or operating a hazardous waste
facility without a hazardous waste facility installation and
operation permit does not apply to either of the following:

(a)
A facility that is operating in accordance with a permit renewal
issued under division (H) of section 3734.05 of the Revised Code, a
revision issued under division (I) of that section as it existed
prior to August 20, 1996, or a modification issued by the director
under division (I) of that section on and after August 20, 1996;

(b)
Except as provided in division (J) of section 3734.05 of the Revised
Code, a facility that will operate or is operating in accordance with
a permit by rule, or that is not subject to permit requirements,
under rules adopted by the director. In accordance with Chapter 119.
of the Revised Code, the director shall adopt, and subsequently may
amend, suspend, or rescind, rules for the purposes of division
(E)(3)(b) of this section. Any rules so adopted shall be consistent
with and equivalent to regulations pertaining to interim status
adopted under the "Resource Conservation and Recovery Act of
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except as
otherwise provided in this chapter.

If
a modification is requested or proposed for a facility described in
division (E)(3)(a) or (b) of this section, division (I)(7) of section
3734.05 of the Revised Code applies.

(F)
No person shall store, treat, or dispose of hazardous waste
identified or listed under this chapter and rules adopted under it,
regardless of whether generated on or off the premises where the
waste is stored, treated, or disposed of, or transport or cause to be
transported any hazardous waste identified or listed under this
chapter and rules adopted under it to any other premises, except at
or to any of the following:

(1)
A hazardous waste facility operating under a permit issued in
accordance with this chapter;

(2)
A facility in another state operating under a license or permit
issued in accordance with the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended;

(3)
A facility in another nation operating in accordance with the laws of
that nation;

(4)
A facility holding a permit issued pursuant to Title I of the "Marine
Protection, Research, and Sanctuaries Act of 1972," 86 Stat.
1052, 33 U.S.C.A. 1401, as amended;

(5)
A hazardous waste facility as described in division (E)(3)(a) or (b)
of this section.

(G)
The director, by order, may exempt any person generating, collecting,
storing, treating, disposing of, or transporting solid wastes,
infectious wastes, or hazardous waste, or processing solid wastes
that consist of scrap tires, in such quantities or under such
circumstances that, in the determination of the director, are
unlikely to adversely affect the public health or safety or the
environment from any requirement to obtain a registration
certificate, permit, or license or comply with the manifest system or
other requirements of this chapter. Such an exemption shall be
consistent with and equivalent to any regulations adopted by the
administrator of the United States environmental protection agency
under the "Resource Conservation and Recovery Act of 1976,"
90 Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise
provided in this chapter.

(H)
No person shall engage in filling, grading, excavating, building,
drilling, or mining on land where a hazardous waste facility, or a
solid waste facility, was operated without prior authorization from
the director, who shall establish the procedure for granting such
authorization by rules adopted in accordance with Chapter 119. of the
Revised Code.

A
public utility that has main or distribution lines above or below the
land surface located on an easement or right-of-way across land where
a solid waste facility was operated may engage in any such activity
within the easement or right-of-way without prior authorization from
the director for purposes of performing emergency repair or emergency
replacement of its lines; of the poles, towers, foundations, or other
structures supporting or sustaining any such lines; or of the
appurtenances to those structures, necessary to restore or maintain
existing public utility service. A public utility may enter upon any
such easement or right-of-way without prior authorization from the
director for purposes of performing necessary or routine maintenance
of those portions of its existing lines; of the existing poles,
towers, foundations, or other structures sustaining or supporting its
lines; or of the appurtenances to any such supporting or sustaining
structure, located on or above the land surface on any such easement
or right-of-way. Within twenty-four hours after commencing any such
emergency repair, replacement, or maintenance work, the public
utility shall notify the director or the director's authorized
representative of those activities and shall provide such information
regarding those activities as the director or the director's
representative may request. Upon completion of the emergency repair,
replacement, or maintenance activities, the public utility shall
restore any land of the solid waste facility disturbed by those
activities to the condition existing prior to the commencement of
those activities.

(I)
No owner or operator of a hazardous waste facility, in the operation
of the facility, shall cause, permit, or allow the emission therefrom
of any particulate matter, dust, fumes, gas, mist, smoke, vapor, or
odorous substance that, in the opinion of the director, unreasonably
interferes with the comfortable enjoyment of life or property by
persons living or working in the vicinity of the facility, or that is
injurious to public health. Any such action is hereby declared to be
a public nuisance.

(J)
Notwithstanding any other provision of this chapter, in the event the
director finds an imminent and substantial danger to public health or
safety or the environment that creates an emergency situation
requiring the immediate treatment, storage, or disposal of hazardous
waste, the director may issue a temporary emergency permit to allow
the treatment, storage, or disposal of the hazardous waste at a
facility that is not otherwise authorized by a hazardous waste
facility installation and operation permit to treat, store, or
dispose of the waste. The emergency permit shall not exceed ninety
days in duration and shall not be renewed. The director shall adopt,
and may amend, suspend, or rescind, rules in accordance with Chapter
119. of the Revised Code governing the issuance, modification,
revocation, and denial of emergency permits.

(K)
Except for infectious wastes generated by a person who produces fewer
than fifty pounds of infectious wastes at a premises during any one
month, no owner or operator of a sanitary landfill shall knowingly
accept for disposal, or dispose of, any infectious wastes that have
not been treated to render them noninfectious.

(L)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt, and may amend, suspend, or rescind, rules having uniform
application throughout the state establishing a training and
certification program that shall be required for employees of boards
of health who are responsible for enforcing the solid waste and
infectious waste provisions of this chapter and rules adopted under
them and for persons who are responsible for the operation of solid
waste facilities or infectious waste treatment facilities. The rules
shall provide all of the following, without limitation:

(1)
The program shall be administered by the director and shall consist
of a course on new solid waste and infectious waste technologies,
enforcement procedures, and rules;

(2)
The course shall be offered on an annual basis;

(3)
Those persons who are required to take the course under division (L)
of this section shall do so triennially;

(4)
Persons who successfully complete the course shall be certified by
the director;

(5)
Certification shall be required for all employees of boards of health
who are responsible for enforcing the solid waste or infectious waste
provisions of this chapter and rules adopted under them and for all
persons who are responsible for the operation of solid waste
facilities or infectious waste treatment facilities;

(6)(a)
All employees of a board of health who, on the effective date of the
rules adopted under this division, are responsible for enforcing the
solid waste or infectious waste provisions of this chapter and the
rules adopted under them shall complete the course and be certified
by the director not later than January 1, 1995;

(b)
All employees of a board of health who, after the effective date of
the rules adopted under division (L) of this section, become
responsible for enforcing the solid waste or infectious waste
provisions of this chapter and rules adopted under them and who do
not hold a current and valid certification from the director at that
time shall complete the course and be certified by the director
within two years after becoming responsible for performing those
activities.

No
person shall fail to obtain the certification required under this
division.

(M)
The director shall not issue a permit under section 3734.05 of the
Revised Code to establish a solid waste facility, or to modify a
solid waste facility operating on December 21, 1988, in a manner that
expands the disposal capacity or geographic area covered by the
facility, that is or is to be located within the boundaries of a
state park established or dedicated under Chapter 1546. of the
Revised Code, a state park purchase area established under section
1546.06 of the Revised Code, any unit of the national park system, or
any property that lies within the boundaries of a national park or
recreation area, but that has not been acquired or is not
administered by the secretary of the United States department of the
interior, located in this state, or any candidate area located in
this state and identified for potential inclusion in the national
park system in the edition of the "national park system plan"
submitted under paragraph (b) of section 8 of "The Act of August
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current
at the time of filing of the application for the permit, unless the
facility or proposed facility is or is to be used exclusively for the
disposal of solid wastes generated within the park or recreation area
and the director determines that the facility or proposed facility
will not degrade any of the natural or cultural resources of the park
or recreation area. The director shall not issue a variance under
division (A) of this section and rules adopted under it, or issue an
exemption order under division (G) of this section, that would
authorize any such establishment or expansion of a solid waste
facility within the boundaries of any such park or recreation area,
state park purchase area, or candidate area, other than a solid waste
facility exclusively for the disposal of solid wastes generated
within the park or recreation area when the director determines that
the facility will not degrade any of the natural or cultural
resources of the park or recreation area.

(N)(1)
The rules adopted under division (A) of this section, other than
those governing variances, do not apply to scrap tire collection,
storage, monocell, monofill, and recovery facilities. Those
facilities are subject to and governed by rules adopted under
sections 3734.70 to 3734.73 of the Revised Code, as applicable.

(2)
Division (C) of this section does not apply to scrap tire collection,
storage, monocell, monofill, and recovery facilities. The
establishment and modification of those facilities are subject to
sections 3734.75 to 3734.78 and section 3734.81 of the Revised Code,
as applicable.

(3)
The director may adopt, amend, suspend, or rescind rules under
division (A) of this section creating an alternative system for
authorizing the establishment, operation, or modification of a solid
waste compost facility in lieu of the requirement that a person
seeking to establish, operate, or modify a solid waste compost
facility apply for and receive a permit under division (C) of this
section and section 3734.05 of the Revised Code and a license under
division (A)(1) of that section. The rules may include requirements
governing, without limitation, the classification of solid waste
compost facilities, the submittal of operating records for solid
waste compost facilities, and the creation of a registration or
notification system in lieu of the issuance of permits and licenses
for solid waste compost facilities. The rules shall specify the
applicability of divisions (A)(1) and (2)(a) of section 3734.05 of
the Revised Code to a solid waste compost facility.

(O)(1)
As used in this division, "secondary aluminum waste" means
waste material or byproducts, when disposed of, containing aluminum
generated from secondary aluminum smelting operations and consisting
of dross, salt cake, baghouse dust associated with aluminum recycling
furnace operations, or dry-milled wastes.

(2)
The owner or operator of a sanitary landfill shall not dispose of
municipal solid waste that has been commingled with secondary
aluminum waste.

(3)
The owner or operator of a sanitary landfill may dispose of secondary
aluminum waste, but only in a monocell or monofill that has been
permitted for that purpose in accordance with this chapter and rules
adopted under it.

(P)(1)
As used in divisions (P) and (Q) of this section:

(a)
"Natural background" means two picocuries per gram or the
actual number of picocuries per gram as measured at an individual
solid waste facility, subject to verification by the director of
health.

(b)
"Drilling operation" includes a production operation as
defined in section 1509.01 of the Revised Code.

(2)
The owner or operator of a solid waste facility shall not accept for
transfer or disposal technologically enhanced naturally occurring
radioactive material if that material contains or is contaminated
with radium-226, radium-228, or any combination of radium-226 and
radium-228 at concentrations equal to or greater than five picocuries
per gram above natural background.

(3)
The owner or operator of a solid waste facility may receive and
process for purposes other than transfer or disposal technologically
enhanced naturally occurring radioactive material that contains or is
contaminated with radium-226, radium-228, or any combination of
radium-226 and radium-228 at concentrations equal to or greater than
five picocuries per gram above natural background, provided that the
owner or operator has obtained and maintains all other necessary
authorizations, including any authorization required by rules adopted
by the director of health under section 3748.04 of the Revised Code.

(4)
The director of environmental protection may adopt rules in
accordance with Chapter 119. of the Revised Code governing the
receipt, acceptance, processing, handling, management, and disposal
by solid waste facilities of material that contains or is
contaminated with radioactive material, including, without
limitation, technologically enhanced naturally occurring radioactive
material that contains or is contaminated with radium-226,
radium-228, or any combination of radium-226 and radium-228 at
concentrations less than five picocuries per gram above natural
background. Rules adopted by the director may include at a minimum
both of the following:

(a)
Requirements in accordance with which the owner or operator of a
solid waste facility must monitor leachate and ground water for
radium-226, radium-228, and other radionuclides;

(b)
Requirements in accordance with which the owner or operator of a
solid waste facility must develop procedures to ensure that
technologically enhanced naturally occurring radioactive material
accepted at the facility neither contains nor is contaminated with
radium-226, radium-228, or any combination of radium-226 and
radium-228 at concentrations equal to or greater than five picocuries
per gram above natural background.

(Q)
Notwithstanding any other provision of this section, the owner or
operator of a solid waste facility shall not receive, accept,
process, handle, manage, or dispose of technologically enhanced
naturally occurring radioactive material associated with drilling
operations without first obtaining representative analytical results
to determine compliance with divisions (P)(2) and (3) of this section
and rules adopted under it.

Sec.
3734.021.
(A)
Infectious wastes shall be segregated, managed, treated, and disposed
of in accordance with rules adopted under this section.

(B)
The director of environmental protection, in accordance with Chapter
119. of the Revised Code, shall adopt rules
necessary
or appropriate to protect human health or safety or the environment

that
do both of the following:

(1)
Establish standards for generators of infectious wastes that include,
without limitation, the following requirements and authorizations
that:

(a)
All generators of infectious wastes:

(i)
Either treat all specimen cultures and cultures of viable infectious
agents on the premises where they are generated to render them
noninfectious by methods, techniques, or practices prescribed by
rules adopted under division (B)(2)(a) of this section before they
are transported off that premises for disposal or ensure that such
wastes are treated to render them noninfectious at an infectious
waste treatment facility off that premises prior to disposal of the
wastes;

(ii)
Transport and dispose of infectious wastes, if a generator produces
fewer than fifty pounds of infectious wastes during any one month
that are subject to and packaged and labeled in accordance with
federal requirements, in the same manner as solid wastes. Such
generators who treat specimen cultures and cultures of viable
infectious agents on the premises where they are generated shall not
be considered treatment facilities as "treatment" and
"facility" are defined in section 3734.01 of the Revised
Code.

(iii)
Dispose of infectious wastes subject to and treated in accordance
with rules adopted under division (B)(1)(a)(i) of this section in the
same manner as solid wastes;

(iv)
May take wastes generated in providing care to a patient by an
emergency medical services organization, as defined in section
4765.01 of the Revised Code, to and leave them at a hospital, as
defined in section 3727.01 of the Revised Code, for treatment at a
treatment facility owned or operated by the hospital or, in
conjunction with infectious wastes generated by the hospital, at
another treatment facility regardless of whether the wastes were
generated in providing care to the patient at the scene of an
emergency or during the transportation of the patient to a hospital;

(v)
May take wastes generated by an individual for purposes of the
individual's own care or treatment to and leave them at a hospital,
as defined in section 3727.01 of the Revised Code, for treatment at a
treatment facility owned or operated by the hospital or, in
conjunction with infectious wastes generated by the hospital, at
another treatment facility.

(b)
Each generator of fifty pounds or more of infectious wastes during
any one month:

(i)
Register with the environmental protection agency as a generator of
infectious wastes and obtain a registration certificate. The
registration certificate applies to all the premises owned or
operated by the generator in this state where infectious wastes are
generated and shall list the address of each such premises. If a
generator owns or operates facilities for the treatment of infectious
wastes it generates, the certificate shall list the address and
method of treatment used at each such facility.

A
generator registration certificate is valid for three years from the
date of issuance and shall be renewed for a term of three years upon
the generator's submission of an application for renewal.

The
rules may establish a system of staggered renewal dates with
approximately one-third of such certificates subject to renewal each
year. The applicable renewal date shall be prescribed on each
registration certificate.

(ii)
Segregate infectious wastes from other wastes at the point of
generation. Nothing in this section and rules adopted under it
prohibits a generator of infectious wastes from designating and
managing any wastes, in addition to those defined as infectious
wastes under section 3734.01 of the Revised Code, as infectious
wastes. After designating any such other wastes as infectious, the
generator shall manage those wastes in compliance with the
requirements of this chapter and rules adopted under it applicable to
the management of infectious wastes.

(iii)
Either treat the infectious wastes that it generates at a facility
owned or operated by the generator by methods, techniques, or
practices prescribed by rules adopted under division (B)(2)(a) of
this section to render them noninfectious, or designate the wastes
for treatment off that premises at an infectious waste treatment
facility holding a license issued under division (B) of section
3734.05 of the Revised Code, at an infectious waste treatment
facility that is located in another state that is in compliance with
applicable state and federal laws, or at a treatment facility
authorized by rules adopted under division (B)(2)(d) of this section,
prior to disposal of the wastes. After being treated to render them
noninfectious, the wastes shall be disposed of at a solid waste
disposal facility holding a license issued under division (A) of
section 3734.05 of the Revised Code or at a disposal facility in
another state that is in compliance with applicable state and federal
laws.

(iv)
Not compact or grind any type of infectious wastes prior to treatment
in accordance with rules adopted under division (B)(2)(a) of this
section;

(v)
May discharge untreated liquid or semiliquid infectious wastes
consisting of blood, blood products, body fluids, and excreta into a
disposal system, as defined in section 6111.01 of the Revised Code,
unless the discharge of those wastes into a disposal system is
inconsistent with the terms and conditions of the permit for the
system issued under Chapter 6111. of the Revised Code;

(vi)
May transport or cause to be transported infectious wastes that have
been treated to render them noninfectious in the same manner as solid
wastes are transported.

(2)
Establish standards for owners and operators of infectious waste
treatment facilities that include, without limitation, the following
requirements and authorizations that:

(a)
Require treatment of all wastes received to be performed in
accordance with methods, techniques, and practices approved by the
director;

(b)
Govern the location, design, construction, and operation of
infectious waste treatment facilities. The rules adopted under
division (B)(2)(b) of this section shall require that a new
infectious waste incineration facility be located so that the
incinerator unit and all areas where infectious wastes are handled on
the premises where the facility is proposed to be located are at
least three hundred feet inside the property line of the tract of
land on which the facility is proposed to be located and are at least
one thousand feet from any domicile, school, prison, or jail that is
in existence on the date on which the application for the permit to
establish the incinerator is submitted under division (B)(2)(b) of
section 3734.05 of the Revised Code.

(c)
Establish quality control and testing procedures to ensure compliance
with the rules adopted under division (B)(2)(b) of this section;

(d)
Authorize infectious wastes to be treated at a facility that holds a
license or renewal of a license to operate a crematory facility
issued under Chapter 4717., and a permit issued under Chapter 3704.,
of the Revised Code to the extent that the treatment of those wastes
is consistent with that permit and its terms and conditions. The
rules adopted under divisions (B)(2)(b) and (c) of this section do
not apply to a facility holding such a license and permit.

In
adopting the rules required by divisions (B)(2)(a) to (d) of this
section, the director shall consider and, to the maximum feasible
extent, utilize existing standards and guidelines established by
professional and governmental organizations having expertise in the
fields of infection control and infectious wastes management.

(e)
Require shipping papers to accompany shipments of wastes that have
been treated to render them noninfectious. The shipping papers shall
include only the following elements:

(i)
The name of the owner or operator of the facility where the wastes
were treated and the address of the treatment facility;

(ii)
A certification by the owner or operator of the treatment facility
where the wastes were treated indicating that the wastes have been
treated by the methods, techniques, and practices prescribed in rules
adopted under division (B)(2)(a) of this section.

(C)
This section and rules adopted under it do not apply to the treatment
or disposal of wastes consisting of dead animals or parts thereof, or
the blood of animals:

(1)
By the owner of the animal after slaughter by the owner on the
owner's premises to obtain meat for consumption by the owner and the
members of the owner's household;

(2)
In accordance with Chapter 941. of the Revised Code; or

(3)
By persons who are subject to any of the following:

(a)
Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;

(b)
Chapter 918. of the Revised Code;

(c)
Chapter 953. of the Revised Code.

(D)
As used in this section, "generator" means a person who
produces infectious wastes at a specific premises.

(E)
Rules adopted under this section shall not concern or relate to
personnel policies, salaries, wages, fringe benefits, or other
conditions of employment of employees of persons owning or operating
infectious waste treatment facilities.

(F)(1)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt rules governing the issuance, modification, revocation,
suspension, and denial of variances from the rules adopted under
division (B) of this section. Variances shall be issued, modified,
revoked, suspended, or denied in accordance with division (F) of this
section, rules adopted under it, and Chapter 3745. of the Revised
Code.

(2)
A person who desires to obtain a variance or renew a variance from
the rules adopted under division (B) of this section shall submit to
the director an application as prescribed by the director. The
application shall contain detail plans, specifications, and
information regarding objectives, procedures, controls, and any other
information that the director may require. The director shall issue,
renew, or deny a variance or renewal of a variance within six months
of the date on which the director receives a complete application
with all required information and data.

(3)
The director may hold a public hearing on an application submitted
under division (F) of this section for a variance at a location in
the county in which the operations that are the subject of the
application for a variance or renewal of variance are conducted. Not
less than twenty days before the hearing, the director shall provide
to the applicant notice of the hearing by certified mail or by
another type of mail that is accompanied by a receipt and shall
publish notice of the hearing at least one time in a newspaper of
general circulation in the county in which the hearing is to be held
or may instead provide public notice by publication on the
environmental protection agency's web site. The director shall make a
complete stenographic record or electronic record of testimony and
other evidence submitted at the hearing. Not later than ten days
after the hearing, the director shall make a written determination to
issue, renew, or deny the variance and shall enter the determination
and the basis for it into the record of the hearing.

(4)
A variance shall not be issued, modified, revoked, or denied under
division (F) of this section until the director has considered the
relative interests of the applicant, other persons and property that
will be affected by the variance, and the general public. The
director shall grant a variance only if the applicant demonstrates to
the director's satisfaction that the requested action will not create
a nuisance or a hazard to the health or safety of the public or to
the environment. In granting a variance, the director shall state the
specific provision or provisions whose terms are to be varied and
also shall state specific terms or conditions imposed on the
applicant in place of the provision or provisions.

(5)
A variance granted under division (F) of this section shall be for a
period specified by the director and may be renewed from time to time
on terms and for periods that the director determines to be
appropriate. The director may order the person to whom a variance has
been issued to take action within the time that the director
determines to be appropriate and reasonable to prevent the creation
of a nuisance or a hazard to the health or safety of the public or to
the environment.

(6)
An application submitted under division (F) of this section shall not
be denied and a variance shall not be revoked or modified under that
division without a written order of the director stating the findings
on which the denial, revocation, or modification is based. A copy of
the order shall be sent to the applicant or holder of a variance by
certified mail or by another type of mail that is accompanied by a
receipt.

(7)
The director shall make available for public inspection at the
principal office of the environmental protection agency a current
list of pending applications for variances submitted under division
(F) of this section and a current schedule of pending variance
hearings under it.

Sec.
3734.026.
The
director of environmental protection shall adopt rules in accordance
with Chapter 119. of the Revised Code establishing procedures for
remitting fees levied under section 3734.024 of the Revised Code to
the treasurers or other appropriate fiscal officers of municipal
corporations and to the fiscal officers of townships. The rules also
shall establish the dates for remitting the fees to those officers

and may establish any other requirements that the director considers
necessary or appropriate to implement or administer sections 3734.024
and 3734.025 of the Revised Code
.

Sec.
3734.05.
(A)(1)
Except as provided in divisions (A)(6) and (7) of this section, no
person shall operate or maintain a solid waste facility without a
license issued under this division by the board of health of the
health district in which the facility is located or by the director
of environmental protection when the health district in which the
facility is located is not on the approved list under section 3734.08
of the Revised Code.

During
the month of December, but before the first day of January of the
next year, every person proposing to continue to operate an existing
solid waste facility shall procure a license under this division to
operate the facility for that year from the board of health of the
health district in which the facility is located or, if the health
district is not on the approved list under section 3734.08 of the
Revised Code, from the director. The application for such a license
shall be submitted to the board of health or to the director, as
appropriate, on or before the last day of September of the year
preceding that for which the license is sought. In addition to the
application fee prescribed in division (A)(2) of this section, a
person who submits an application after that date shall pay an
additional ten per cent of the amount of the application fee for each
week that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to the
special fund of the health district created in division (B) of
section 3734.06 of the Revised Code, and late payment fees
accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received a
license, upon sale or disposition of a solid waste facility, and upon
consent of the board of health and the director, may have the license
transferred to another person. The board of health or the director
may include such terms and conditions in a license or revision to a
license as are appropriate to ensure compliance with this chapter and
rules adopted under it. The terms and conditions may establish the
authorized maximum daily waste receipts for the facility. Limitations
on maximum daily waste receipts shall be specified in cubic yards of
volume for the purpose of regulating the design, construction, and
operation of solid waste facilities. Terms and conditions included in
a license or revision to a license by a board of health shall be
consistent with, and pertain only to the subjects addressed in, the
rules adopted under division (A) of section 3734.02 and division (D)
of section 3734.12 of the Revised Code.

(2)(a)
Except as provided in divisions (A)(2)(b), (6), and (7) of this
section, each person proposing to open a new solid waste facility or
to modify an existing solid waste facility shall submit an
application for a permit with accompanying detail plans and
specifications to the environmental protection agency for required
approval under the rules adopted by the director pursuant to division
(A) of section 3734.02 of the Revised Code and applicable rules
adopted under division (D) of section 3734.12 of the Revised Code at
least two hundred seventy days before proposed operation of the
facility and shall concurrently make application for the issuance of
a license under division (A)(1) of this section with the board of
health of the health district in which the proposed facility is to be
located.

(b)
On and after the effective date of the rules adopted under division
(A) of section 3734.02 of the Revised Code and division (D) of
section 3734.12 of the Revised Code governing solid waste transfer
facilities, each person proposing to open a new solid waste transfer
facility or to modify an existing solid waste transfer facility shall
submit an application for a permit with accompanying engineering
detail plans, specifications, and information regarding the facility
and its method of operation to the environmental protection agency
for required approval under those rules at least two hundred seventy
days before commencing proposed operation of the facility and
concurrently shall make application for the issuance of a license
under division (A)(1) of this section with the board of health of the
health district in which the facility is located or proposed.

(c)
Each application for a permit under division (A)(2)(a) or (b) of this
section shall be accompanied by a nonrefundable application fee of
four hundred dollars that shall be credited to the general revenue
fund. Each application for an annual license under division (A)(1) or
(2) of this section shall be accompanied by a nonrefundable
application fee of one hundred dollars. If the application for an
annual license is submitted to a board of health on the approved list
under section 3734.08 of the Revised Code, the application fee shall
be credited to the special fund of the health district created in
division (B) of section 3734.06 of the Revised Code. If the
application for an annual license is submitted to the director, the
application fee shall be credited to the general revenue fund. If a
permit or license is issued, the amount of the application fee paid
shall be deducted from the amount of the permit fee due under
division (P) of section 3745.11 of the Revised Code or the amount of
the license fee due under division (A)(1), (2), (3), (4), or (5) of
section 3734.06 of the Revised Code.

(d)
As used in divisions (A)(2)(d), (e), and (f) of this section,
"modify" means any of the following:

(i)
Any increase of more than ten per cent in the total capacity of a
solid waste facility;

(ii)
Any expansion of the limits of solid waste placement at a solid waste
facility;

(iii)
Any increase in the depth of excavation at a solid waste facility;

(iv)
Any change in the technique of waste receipt or type of waste
received at a solid waste facility that may endanger human health, as
determined by the director by rules adopted in accordance with
Chapter 119. of the Revised Code.

Not
later than forty-five days after submitting an application under
division (A)(2)(a) or (b) of this section for a permit to open a new
or modify an existing solid waste facility, the applicant, in
conjunction with an officer or employee of the environmental
protection agency, shall hold a public meeting on the application
within the county in which the new or modified solid waste facility
is or is proposed to be located or within a contiguous county.

Not
less than thirty days before holding the public meeting on the
application, the applicant shall publish notice of the meeting in
each newspaper of general circulation that is published in the county
in which the facility is or is proposed to be located. If no
newspaper of general circulation is published in the county, the
applicant shall publish the notice in a newspaper of general
circulation in the county. The notice shall contain the date, time,
and location of the public meeting and a general description of the
proposed new or modified facility.

Not
later than five days after publishing the notice, the applicant shall
send by certified mail a copy of the notice and the date the notice
was published to the director and the legislative authority of each
municipal corporation, township, and county, and to the chief
executive officer of each municipal corporation, in which the
facility is or is proposed to be located.

At
the public meeting, the applicant shall provide information and
describe the application and respond to comments or questions
concerning the application, and the officer or employee of the agency
shall describe the permit application process. At the public meeting,
any person may submit written or oral comments on or objections to
the application.

Not
more than thirty days after the public meeting, the applicant shall
provide the director with a copy of a transcript of the full meeting,
copies of any exhibits, displays, or other materials presented by the
applicant at the meeting, and the original copy of any written
comments submitted at the meeting.

(e)
Except as provided in division (A)(2)(f) of this section, prior to
taking an action, other than a proposed or final denial, upon an
application submitted under division (A)(2)(a) of this section for a
permit to open a new or modify an existing solid waste facility, the
director shall hold a public information session and a public hearing
on the application within the county in which the new or modified
solid waste facility is or is proposed to be located or within a
contiguous county. If the application is for a permit to open a new
solid waste facility, the director shall hold the hearing not less
than fourteen days after the information session. If the application
is for a permit to modify an existing solid waste facility, the
director may hold both the information session and the hearing on the
same day unless any individual affected by the application requests
in writing that the information session and the hearing not be held
on the same day, in which case the director shall hold the hearing
not less than fourteen days after the information session. The
director shall publish notice of the public information session or
public hearing not less than thirty days before holding the
information session or hearing, as applicable. The notice shall be
published in each newspaper of general circulation that is published
in the county in which the facility is or is proposed to be located
or by publication on the environmental protection agency's official
web site. The notice shall contain the date, time, and location of
the information session or hearing, as applicable, and a general
description of the proposed new or modified facility. At the public
information session, an officer or employee of the environmental
protection agency shall describe the status of the permit application
and be available to respond to comments or questions concerning the
application. At the public hearing, any person may submit written or
oral comments on or objections to the approval of the application.
The applicant, or a representative of the applicant who has knowledge
of the location, construction, and operation of the facility, shall
attend the information session and public hearing to respond to
comments or questions concerning the facility directed to the
applicant or representative by the officer or employee of the
environmental protection agency presiding at the information session
and hearing.

(f)
The solid waste management policy committee of a county or joint
solid waste management district may adopt a resolution requesting
expeditious consideration of a specific application submitted under
division (A)(2)(a) of this section for a permit to modify an existing
solid waste facility within the district. The resolution shall make
the finding that expedited consideration of the application without
the public information session and public hearing under division
(A)(2)(e) of this section is in the public interest and will not
endanger human health, as determined by the director by rules adopted
in accordance with Chapter 119. of the Revised Code. Upon receiving
such a resolution, the director, at the director's discretion, may
issue a final action upon the application without holding a public
information session or public hearing pursuant to division (A)(2)(e)
of this section.

(3)
The director may issue an order in accordance with Chapter 3745. of
the Revised Code to the owner or operator of a solid waste facility
requiring the person to submit to the director updated engineering
detail plans, specifications, and information regarding the facility
and its method of operation for approval under rules adopted under
division (A) of section 3734.02 of the Revised Code and applicable
rules adopted under division (D) of section 3734.12 of the Revised
Code if, in the director's judgment, conditions at the facility
constitute a substantial threat to public health or safety or are
causing or contributing to or threatening to cause or contribute to
air or water pollution or soil contamination. Any person who receives
such an order shall submit the updated engineering detail plans,
specifications, and information to the director within one hundred
eighty days after the effective date of the order.

(4)
The director shall act upon any updated engineering plans,
specifications, and information submitted under division (A)(3) of
this section within one hundred eighty days after receiving them. If
the director issues an order disapproving the plans, specifications,
and information submitted under division (A)(3) of this section, the
order shall include all of the following requirements:

(a)
That the owner or operator submit a plan for closure and post-closure
care of the facility to the director for approval within six months
after issuance of the order;

(b)
That the owner or operator cease accepting solid wastes for disposal
or transfer at the facility; and

(c)
The owner or operator commence closure of the facility not later than
one year after issuance of the order.

If
the director determines that closure of the facility within that
one-year period would result in the unavailability of sufficient
solid waste management facility capacity within the county or joint
solid waste management district in which the facility is located to
dispose of or transfer the solid waste generated within the district,
the director in the order of disapproval may postpone commencement of
closure of the facility for such period of time as the director finds
necessary for the board of county commissioners or directors of the
district to secure access to or for there to be constructed within
the district sufficient solid waste management facility capacity to
meet the needs of the district, provided that the director shall
certify in the director's order that postponing the date for
commencement of closure will not endanger ground water or any
property surrounding the facility, allow methane gas migration to
occur, or cause or contribute to any other type of environmental
damage.

If
an emergency need for disposal capacity that may affect public health
and safety exists as a result of closure of a facility under division
(A)(4) of this section, the director may issue an order designating
another solid waste facility to accept the wastes that would have
been disposed of at the facility to be closed.

(5)
If the director determines that standards more stringent than those
applicable in rules adopted under division (A) of section 3734.02 of
the Revised Code and division (D) of section 3734.12 of the Revised
Code, or standards pertaining to subjects not specifically addressed
by those rules, are necessary to ensure that a solid waste facility
constructed at the proposed location will not cause a nuisance, cause
or contribute to water pollution, or endanger public health or
safety, the director may issue a permit for the facility with such
terms and conditions as the director finds necessary to protect
public health and safety and the environment. If a permit is issued,
the director shall state in the order issuing it the specific
findings supporting each such term or condition.

(6)
Divisions (A)(1) and (2)(a) of this section do not apply to a solid
waste compost facility that accepts exclusively source separated yard
wastes and that is registered under division (C) of section 3734.02
of the Revised Code or, unless otherwise provided in rules adopted
under division (N)(3) of section 3734.02 of the Revised Code, to a
solid waste compost facility if the director has adopted rules
establishing an alternative system for authorizing the establishment,
operation, or modification of a solid waste compost facility under
that division.

(7)
Divisions (A)(1) to (5) of this section do not apply to scrap tire
collection, storage, monocell, monofill, and recovery facilities. The
approval of plans and specifications, as applicable, and the issuance
of registration certificates, permits, and licenses for those
facilities are subject to sections 3734.75 to 3734.78 of the Revised
Code, as applicable, and section 3734.81 of the Revised Code.

(B)(1)
No person shall operate or maintain an infectious waste treatment
facility without a license issued by the board of health of the
health district in which the facility is located or by the director
when the health district in which the facility is located is not on
the approved list under section 3734.08 of the Revised Code.

(2)(a)
During the month of December, but before the first day of January of
the next year, every person proposing to continue to operate an
existing infectious waste treatment facility shall procure a license
to operate the facility for that year from the board of health of the
health district in which the facility is located or, if the health
district is not on the approved list under section 3734.08 of the
Revised Code, from the director. The application for such a license
shall be submitted to the board of health or to the director, as
appropriate, on or before the last day of September of the year
preceding that for which the license is sought. In addition to the
application fee prescribed in division (B)(2)(c) of this section, a
person who submits an application after that date shall pay an
additional ten per cent of the amount of the application fee for each
week that the application is late. Late payment fees accompanying an
application submitted to the board of health shall be credited to the
special infectious waste fund of the health district created in
division (C) of section 3734.06 of the Revised Code, and late payment
fees accompanying an application submitted to the director shall be
credited to the general revenue fund. A person who has received a
license, upon sale or disposition of an infectious waste treatment
facility and upon consent of the board of health and the director,
may have the license transferred to another person. The board of
health or the director may include such terms and conditions in a
license or revision to a license as are appropriate to ensure
compliance with the infectious waste provisions of this chapter and
rules adopted under them.

(b)
Each person proposing to open a new infectious waste treatment
facility or to modify an existing infectious waste treatment facility
shall submit an application for a permit with accompanying detail
plans and specifications to the environmental protection agency for
required approval under the rules adopted by the director pursuant to
section 3734.021 of the Revised Code two hundred seventy days before
proposed operation of the facility and concurrently shall make
application for a license with the board of health of the health
district in which the facility is or is proposed to be located. Not
later than ninety days after receiving a complete application under
division (B)(2)(b) of this section for a permit to open a new
infectious waste treatment facility or modify an existing infectious
waste treatment facility to expand its treatment capacity, or
receiving a complete application under division (A)(2)(a) of this
section for a permit to open a new solid waste incineration facility,
or modify an existing solid waste incineration facility to also treat
infectious wastes or to increase its infectious waste treatment
capacity, that pertains to a facility for which a notation
authorizing infectious waste treatment is included or proposed to be
included in the solid waste incineration facility's license pursuant
to division (B)(3) of this section, the director shall hold a public
hearing on the application within the county in which the new or
modified infectious waste or solid waste facility is or is proposed
to be located or within a contiguous county. Not less than thirty
days before holding the public hearing on the application, the
director shall publish notice of the hearing in each newspaper that
has general circulation and that is published in the county in which
the facility is or is proposed to be located or by publication on the
environmental protection agency's official web site. The notice shall
contain the date, time, and location of the public hearing and a
general description of the proposed new or modified facility. At the
public hearing, any person may submit written or oral comments on or
objections to the approval or disapproval of the application. The
applicant, or a representative of the applicant who has knowledge of
the location, construction, and operation of the facility, shall
attend the public hearing to respond to comments or questions
concerning the facility directed to the applicant or representative
by the officer or employee of the environmental protection agency
presiding at the hearing.

(c)
Each application for a permit under division (B)(2)(b) of this
section shall be accompanied by a nonrefundable application fee of
four hundred dollars that shall be credited to the general revenue
fund. Each application for an annual license under division (B)(2)(a)
of this section shall be accompanied by a nonrefundable application
fee of one hundred dollars. If the application for an annual license
is submitted to a board of health on the approved list under section
3734.08 of the Revised Code, the application fee shall be credited to
the special infectious waste fund of the health district created in
division (C) of section 3734.06 of the Revised Code. If the
application for an annual license is submitted to the director, the
application fee shall be credited to the general revenue fund. If a
permit or license is issued, the amount of the application fee paid
shall be deducted from the amount of the permit fee due under
division (P) of section 3745.11 of the Revised Code or the amount of
the license fee due under division (C) of section 3734.06 of the
Revised Code.

(d)
The director may issue an order in accordance with Chapter 3745. of
the Revised Code to the owner or operator of an infectious waste
treatment facility requiring the person to submit to the director
updated engineering detail plans, specifications, and information
regarding the facility and its method of operation for approval under
rules adopted under section 3734.021 of the Revised Code if, in the
director's judgment, conditions at the facility constitute a
substantial threat to public health or safety or are causing or
contributing to or threatening to cause or contribute to air or water
pollution or soil contamination. Any person who receives such an
order shall submit the updated engineering detail plans,
specifications, and information to the director within one hundred
eighty days after the effective date of the order.

(e)
The director shall act on any updated engineering plans,
specifications, and information submitted under division (B)(2)(d) of
this section within one hundred eighty days after receiving them. If
the director disapproves any such updated engineering plans,
specifications, and information, the director shall include in the
order disapproving the plans the requirement that the owner or
operator cease accepting infectious wastes for treatment at the
facility.

(3)
Division (B) of this section does not apply to a generator of
infectious wastes that meets any of the following conditions:

(a)
Treats, by methods, techniques, and practices established by rules
adopted under division (B)(2)(a) of section 3734.021 of the Revised
Code, any of the following wastes:

(i)
Infectious wastes that are generated on any premises that are owned
or operated by the generator;

(ii)
Infectious wastes that are generated by a generator who has staff
privileges at a hospital as defined in section 3727.01 of the Revised
Code;

(iii)
Infectious wastes that are generated in providing care to a patient
by an emergency medical services organization as defined in section
4765.01 of the Revised Code.

(b)
Holds a license or renewal of a license to operate a crematory
facility issued under Chapter 4717. and a permit issued under Chapter
3704. of the Revised Code;

(c)
Treats or disposes of dead animals or parts thereof, or the blood of
animals, and is subject to any of the following:

(i)
Inspection under the "Federal Meat Inspection Act," 81
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;

(ii)
Chapter 918. of the Revised Code;

(iii)
Chapter 953. of the Revised Code.

Nothing
in division (B) of this section requires a facility that holds a
license issued under division (A) of this section as a solid waste
facility and that also treats infectious wastes by the same method,
technique, or process to obtain a license under division (B) of this
section as an infectious waste treatment facility. However, the solid
waste facility license for the facility shall include the notation
that the facility also treats infectious wastes.

The
director shall not issue a permit to open a new solid waste
incineration facility unless the proposed facility complies with the
requirements for the location of new infectious waste incineration
facilities established in rules adopted under division (B)(2)(b) of
section 3734.021 of the Revised Code.

(C)
Except for a facility or activity described in division (E)(3) of
section 3734.02 of the Revised Code, a person who proposes to
establish or operate a hazardous waste facility shall submit a
complete application for a hazardous waste facility installation and
operation permit and accompanying detail plans, specifications, and
such information as the director may require to the environmental
protection agency at least one hundred eighty days before the
proposed beginning of operation of the facility. The applicant shall
notify by certified mail the legislative authority of each municipal
corporation, township, and county in which the facility is proposed
to be located of the submission of the application within ten days
after the submission or at such earlier time as the director may
establish by rule. If the application is for a proposed new hazardous
waste disposal or thermal treatment facility, the applicant also
shall give actual notice of the general design and purpose of the
facility to the legislative authority of each municipal corporation,
township, and county in which the facility is proposed to be located
at least ninety days before the permit application is submitted to
the environmental protection agency.

In
accordance with rules adopted under section 3734.12 of the Revised
Code, prior to the submission of a complete application for a
hazardous waste facility installation and operation permit, the
applicant shall hold at least one meeting in the township or
municipal corporation in which the facility is proposed to be
located, whichever is geographically closer to the proposed location
of the facility. The meeting shall be open to the public and shall be
held to inform the community of the proposed hazardous waste
management activities and to solicit questions from the community
concerning the activities.

(D)(1)
Except as provided in section 3734.123 of the Revised Code, upon
receipt of a complete application for a hazardous waste facility
installation and operation permit under division (C) of this section,
the director shall consider the application and accompanying
information to determine whether the application complies with agency
rules and the requirements of division (D)(2) of this section. After
making a determination, the director shall issue either a draft
permit or a notice of intent to deny the permit. The director, in
accordance with rules adopted under section 3734.12 of the Revised
Code or with rules adopted to implement Chapter 3745. of the Revised
Code, shall provide public notice of the application and the draft
permit or the notice of intent to deny the permit, provide an
opportunity for public comments, and, if significant interest is
shown, schedule a public meeting in the county in which the facility
is proposed to be located and give public notice of the date, time,
and location of the public meeting in a newspaper of general
circulation in that county.

(2)
The director shall not approve an application for a hazardous waste
facility installation and operation permit or an application for a
modification under division (I)(3) of this section unless the
director finds and determines as follows:

(a)
The nature and volume of the waste to be treated, stored, or disposed
of at the facility;

(b)
That the facility complies with the director's hazardous waste
standards adopted pursuant to section 3734.12 of the Revised Code;

(c)
That the facility represents the minimum adverse environmental
impact, considering the state of available technology and the nature
and economics of various alternatives, and other pertinent
considerations;

(d)
That the facility represents the minimum risk of all of the
following:

(i)
Fires or explosions from treatment, storage, or disposal methods;

(ii)
Release of hazardous waste during transportation of hazardous waste
to or from the facility;

(iii)
Adverse impact on the public health and safety.

(e)
That the facility will comply with this chapter and Chapters 3704.
and 6111. of the Revised Code and all rules and standards adopted
under them;

(f)
That if the owner of the facility, the operator of the facility, or
any other person in a position with the facility from which the
person may influence the installation and operation of the facility
has been involved in any prior activity involving transportation,
treatment, storage, or disposal of hazardous waste, that person has a
history of compliance with this chapter and Chapters 3704. and 6111.
of the Revised Code and all rules and standards adopted under them,
the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2806, 42 U.S.C.A. 6921, as amended, and all regulations adopted
under it, and similar laws and rules of other states if any such
prior operation was located in another state that demonstrates
sufficient reliability, expertise, and competency to operate a
hazardous waste facility under the applicable provisions of this
chapter and Chapters 3704. and 6111. of the Revised Code, the
applicable rules and standards adopted under them, and terms and
conditions of a hazardous waste facility installation and operation
permit, given the potential for harm to the public health and safety
and the environment that could result from the irresponsible
operation of the facility. For off-site facilities, as defined in
section 3734.41 of the Revised Code, the director may use the
investigative reports of the attorney general prepared pursuant to
section 3734.42 of the Revised Code as a basis for making a finding
and determination under division (D)(2)(f) of this section.

(g)
That the active areas within a new hazardous waste facility where
acute hazardous waste as listed in 40 C.F.R. 261.33 (e), as amended,
or organic waste that is toxic and is listed under 40 C.F.R. 261, as
amended, is being stored, treated, or disposed of and where the
aggregate of the storage design capacity and the disposal design
capacity of all hazardous waste in those areas is greater than two
hundred fifty thousand gallons, are not located or operated within
any of the following:

(i)
Two thousand feet of any residence, school, hospital, jail, or
prison;

(ii)
Any naturally occurring wetland;

(iii)
Any flood hazard area if the applicant cannot show that the facility
will be designed, constructed, operated, and maintained to prevent
washout by a one-hundred-year flood.

Division
(D)(2)(g) of this section does not apply to the facility of any
applicant who demonstrates to the director that the limitations
specified in that division are not necessary because of the nature or
volume of the waste and the manner of management applied, the
facility will impose no substantial danger to the health and safety
of persons occupying the structures listed in division (D)(2)(g)(i)
of this section, and the facility is to be located or operated in an
area where the proposed hazardous waste activities will not be
incompatible with existing land uses in the area.

(h)
That the facility will not be located within the boundaries of a
state park established or dedicated under Chapter 1546. of the
Revised Code, a state park purchase area established under section
1546.06 of the Revised Code, any unit of the national park system, or
any property that lies within the boundaries of a national park or
recreation area, but that has not been acquired or is not
administered by the secretary of the United States department of the
interior, located in this state, or any candidate area located in
this state identified for potential inclusion in the national park
system in the edition of the "national park system plan"
submitted under paragraph (b) of section 8 of "The Act of August
18, 1970," 84 Stat. 825, 16 U.S.C.A. 1a-5, as amended, current
at the time of filing of the application for the permit, unless the
facility will be used exclusively for the storage of hazardous waste
generated within the park or recreation area in conjunction with the
operation of the park or recreation area. Division (D)(2)(h) of this
section does not apply to the facility of any applicant for
modification of a permit unless the modification application proposes
to increase the land area included in the facility or to increase the
quantity of hazardous waste that will be treated, stored, or disposed
of at the facility.

(3)
Not later than one hundred eighty days after the end of the public
comment period, the director, without prior hearing, shall issue or
deny the permit in accordance with Chapter 3745. of the Revised Code.
If the director approves an application for a hazardous waste
facility installation and operation permit, the director shall issue
the permit, upon such terms and conditions as the director finds are
necessary to ensure the construction and operation of the hazardous
waste facility in accordance with the standards of this section.

(E)
No political subdivision of this state shall require any additional
zoning or other approval, consent, permit, certificate, or condition
for the construction or operation of a hazardous waste facility
authorized by a hazardous waste facility installation and operation
permit issued pursuant to this chapter, nor shall any political
subdivision adopt or enforce any law, ordinance, or rule that in any
way alters, impairs, or limits the authority granted in the permit.

(F)
The director may issue a single hazardous waste facility installation
and operation permit to a person who operates two or more adjoining
facilities where hazardous waste is stored, treated, or disposed of
if the application includes detail plans, specifications, and
information on all facilities. For the purposes of this section,
"adjoining" means sharing a common boundary, separated only
by a public road, or in such proximity that the director determines
that the issuance of a single permit will not create a hazard to the
public health or safety or the environment.

(G)
No person shall falsify or fail to keep or submit any plans,
specifications, data, reports, records, manifests, or other
information required to be kept or submitted to the director by this
chapter or the rules adopted under it.

(H)(1)
Each person who holds an installation and operation permit issued
under this section and who wishes to obtain a permit renewal shall
submit a completed application for an installation and operation
permit renewal and any necessary accompanying general plans, detail
plans, specifications, and such information as the director may
require to the director no later than one hundred eighty days prior
to the expiration date of the existing permit or upon a later date
prior to the expiration of the existing permit if the permittee can
demonstrate good cause for the late submittal. The director shall
consider the application and accompanying information, inspection
reports of the facility, results of performance tests, a report
regarding the facility's compliance or noncompliance with the terms
and conditions of its permit and rules adopted by the director under
this chapter, and such other information as is relevant to the
operation of the facility and shall issue a draft renewal permit or a
notice of intent to deny the renewal permit. The director, in
accordance with rules adopted under this section or with rules
adopted to implement Chapter 3745. of the Revised Code, shall give
public notice of the application and draft renewal permit or notice
of intent to deny the renewal permit, provide for the opportunity for
public comments within a specified time period, schedule a public
meeting in the county in which the facility is located if significant
interest is shown, and give public notice of the public meeting.

(2)
Within sixty days after the public meeting or close of the public
comment period, the director, without prior hearing, shall issue or
deny the renewal permit in accordance with Chapter 3745. of the
Revised Code. The director shall not issue a renewal permit unless
the director determines that the facility under the existing permit
has a history of compliance with this chapter, rules adopted under
it, the existing permit, or orders entered to enforce such
requirements that demonstrates sufficient reliability, expertise, and
competency to operate the facility henceforth under this chapter,
rules adopted under it, and the renewal permit. If the director
approves an application for a renewal permit, the director shall
issue the permit subject to the payment of the annual permit fee
required under division (E) of section 3734.02 of the Revised Code
and upon such terms and conditions as the director finds are
reasonable to ensure that continued operation, maintenance, closure,
and post-closure care of the hazardous waste facility are in
accordance with the rules adopted under section 3734.12 of the
Revised Code.

(3)
An installation and operation permit renewal application submitted to
the director that also contains or would constitute an application
for a modification shall be acted upon by the director in accordance
with division (I) of this section in the same manner as an
application for a modification. In approving or disapproving the
renewal portion of a permit renewal application containing an
application for a modification, the director shall apply the criteria
established under division (H)(2) of this section.

(4)
An application for renewal or modification of a permit that does not
contain an application for a modification as described in divisions
(I)(3)(a) to (d) of this section shall not be subject to division
(D)(2) of this section.

(I)(1)
As used in this section, "modification" means a change or
alteration to a hazardous waste facility or its operations that is
inconsistent with or not authorized by its existing permit or
authorization to operate. Modifications shall be classified as Class
1, 2, or 3 modifications

in accordance with rules adopted under division (K) of this section
.
Modifications classified as Class 3 modifications
,
in accordance with rules adopted under that division,

shall be further classified by the director as either Class 3
modifications that are to be approved or disapproved by the director
under divisions (I)(3)(a) to (d) of this section or as Class 3
modifications that are to be approved or disapproved by the director
under division (I)(5) of this section. Not later than thirty days
after receiving a request for a modification under division (I)(4) of
this section that is not listed in Appendix I to 40 C.F.R. 270.42

or in rules adopted under division (K) of this section
,
the director shall classify the modification and shall notify the
owner or operator of the facility requesting the modification of the
classification. Notwithstanding any other law to the contrary, a
modification that involves the transfer of a hazardous waste facility
installation and operation permit to a new owner or operator for any
off-site facility as defined in section 3734.41 of the Revised Code
shall be classified as a Class 3 modification. The transfer of a
hazardous waste facility installation and operation permit to a new
owner or operator for a facility that is not an off-site facility
shall be classified as a Class 1 modification requiring prior
approval of the director.

(2)
Except as provided in section 3734.123 of the Revised Code, a
hazardous waste facility installation and operation permit may be
modified at the request of the director or upon the written request
of the permittee only if any of the following applies:

(a)
The permittee desires to accomplish alterations, additions, or
deletions to the permitted facility or to undertake alterations,
additions, deletions, or activities that are inconsistent with or not
authorized by the existing permit;

(b)
New information or data justify permit conditions in addition to or
different from those in the existing permit;

(c)
The standards, criteria, or rules upon which the existing permit is
based have been changed by new, amended, or rescinded standards,
criteria, or rules, or by judicial decision after the existing permit
was issued, and the change justifies permit conditions in addition to
or different from those in the existing permit;

(d)
The permittee proposes to transfer the permit to another person.

(3)
The director shall approve or disapprove an application for a
modification in accordance with division (D)(2) of this section
and
rules adopted under division (K) of this section
for
all of the following categories of Class 3 modifications:

(a)
Authority to conduct treatment, storage, or disposal at a site,
location, or tract of land that has not been authorized for the
proposed category of treatment, storage, or disposal activity by the
facility's permit;

(b)
Modification or addition of a hazardous waste management unit, as
defined in rules adopted under section 3734.12 of the Revised Code,
that results in an increase in a facility's storage capacity of more
than twenty-five per cent over the capacity authorized by the
facility's permit, an increase in a facility's treatment rate of more
than twenty-five per cent over the rate so authorized, or an increase
in a facility's disposal capacity over the capacity so authorized.
The authorized disposal capacity for a facility shall be calculated
from the approved design plans for the disposal units at that
facility. In no case during a five-year period shall a facility's
storage capacity or treatment rate be modified to increase by more
than twenty-five per cent in the aggregate without the director's
approval in accordance with division (D)(2) of this section.
Notwithstanding any provision of division (I) of this section to the
contrary, a request for modification of a facility's annual total
waste receipt limit shall be classified and approved or disapproved
by the director under division (I)(5) of this section.

(c)
Authority to add any of the following categories of regulated
activities not previously authorized at a facility by the facility's
permit: storage at a facility not previously authorized to store
hazardous waste, treatment at a facility not previously authorized to
treat hazardous waste, or disposal at a facility not previously
authorized to dispose of hazardous waste; or authority to add a
category of hazardous waste management unit not previously authorized
at the facility by the facility's permit. Notwithstanding any
provision of division (I) of this section to the contrary, a request
for authority to add or to modify an activity or a hazardous waste
management unit for the purposes of performing a corrective action
shall be classified and approved or disapproved by the director under
division (I)(5) of this section.

(d)
Authority to treat, store, or dispose of waste types listed or
characterized as reactive or explosive, in rules adopted under
section 3734.12 of the Revised Code, or any acute hazardous waste
listed in 40 C.F.R. 261.33(e), as amended, at a facility not
previously authorized to treat, store, or dispose of those types of
wastes by the facility's permit unless the requested authority is
limited to wastes that no longer exhibit characteristics meeting the
criteria for listing or characterization as reactive or explosive
wastes, or for listing as acute hazardous waste, but still are
required to carry those waste codes as established in rules adopted
under section 3734.12 of the Revised Code because of the requirements
established in 40 C.F.R. 261(a) and (e), as amended, that is, the
"mixture," "derived-from," or "contained-in"
regulations.

(4)
A written request for a modification from the permittee shall be
submitted to the director and shall contain such information as is
necessary to support the request. Requests for modifications shall be
acted upon by the director in accordance with this section and rules
adopted under it.

(5)
Class 1 modification applications that require prior approval of the
director, as provided in division (I)(1) of this section

or as determined in accordance with rules adopted under division (K)
of this section
,
Class 2 modification applications, and Class 3 modification
applications that are not described in divisions (I)(3)(a) to (d) of
this section shall be approved or disapproved by the director

in accordance with rules adopted under division (K) of this section
.
The board of county commissioners of the county, the board of
township trustees of the township, and the city manager or mayor of
the municipal corporation in which a hazardous waste facility is
located shall receive notification of any application for a
modification for that facility and shall be considered as interested
persons with respect to the director's consideration of the
application.

As
used in division (I) of this section:

(a)
"Owner" means the person who owns a majority or controlling
interest in a facility.

(b)
"Operator" means the person who is responsible for the
overall operation of a facility.

The
director shall approve or disapprove an application for a Class 1
modification that requires the director's approval within sixty days
after receiving the request for modification. The director shall
approve or disapprove an application for a Class 2 modification
within three hundred days after receiving the request for
modification. The director shall approve or disapprove an application
for a Class 3 modification within three hundred sixty-five days after
receiving the request for modification.

(6)
The approval or disapproval by the director of a Class 1 modification
application is not a final action that is appealable under Chapter
3745. of the Revised Code. The approval or disapproval by the
director of a Class 2 modification or a Class 3 modification is a
final action that is appealable under that chapter. In approving or
disapproving a request for a modification, the director shall
consider all comments pertaining to the request that are received
during the public comment period and the public meetings. The
administrative record for appeal of a final action by the director in
approving or disapproving a request for a modification shall include
all comments received during the public comment period relating to
the request for modification, written materials submitted at the
public meetings relating to the request, and any other documents
related to the director's action.

(7)
Notwithstanding any other provision of law to the contrary, a change
or alteration to a hazardous waste facility described in division
(E)(3)(a) or (b) of section 3734.02 of the Revised Code, or its
operations, is a modification for the purposes of this section. An
application for a modification at such a facility shall be submitted,
classified, and approved or disapproved in accordance with divisions
(I)(1) to (6) of this section in the same manner as a modification to
a hazardous waste facility installation and operation permit.

(J)(1)
Except as provided in division (J)(2) of this section, an owner or
operator of a hazardous waste facility that is operating in
accordance with a permit by rule under rules adopted by the director
under division (E)(3)(b) of section 3734.02 of the Revised Code shall
submit either a hazardous waste facility installation and operation
permit application for the facility or a modification application,
whichever is required under division (J)(1)(a) or (b) of this
section, within one hundred eighty days after the director has
requested the application or upon a later date if the owner or
operator demonstrates to the director good cause for the late
submittal.

(a)
If the owner or operator does not have a hazardous waste facility
installation and operation permit for any hazardous waste treatment,
storage, or disposal activities at the facility, the owner or
operator shall submit an application for such a permit to the
director for the activities authorized by the permit by rule.
Notwithstanding any other provision of law to the contrary, the
director shall approve or disapprove the application for the permit
in accordance with the procedures governing the approval or
disapproval of permit renewals under division (H) of this section.

(b)
If the owner or operator has a hazardous waste facility installation
and operation permit for hazardous waste treatment, storage, or
disposal activities at the facility other than those authorized by
the permit by rule, the owner or operator shall submit to the
director a request for modification in accordance with division (I)
of this section. Notwithstanding any other provision of law to the
contrary, the director shall approve or disapprove the modification
application in accordance with division (I)(5) of this section.

(2)
The owner or operator of a boiler or industrial furnace that is
conducting thermal treatment activities in accordance with a permit
by rule under rules adopted by the director under division (E)(3)(b)
of section 3734.02 of the Revised Code shall submit a hazardous waste
facility installation and operation permit application if the owner
or operator does not have such a permit for any hazardous waste
treatment, storage, or disposal activities at the facility or, if the
owner or operator has such a permit for hazardous waste treatment,
storage, or disposal activities at the facility other than thermal
treatment activities authorized by the permit by rule, a modification
application to add those activities authorized by the permit by rule,
whichever is applicable, within one hundred eighty days after the
director has requested the submission of the application or upon a
later date if the owner or operator demonstrates to the director good
cause for the late submittal. The application shall be accompanied by
information necessary to support the request. The director shall
approve or disapprove an application for a hazardous waste facility
installation and operation permit in accordance with division (D) of
this section and approve or disapprove an application for a
modification in accordance with division (I)(3) of this section,
except that the director shall not disapprove an application for the
thermal treatment activities on the basis of the criteria set forth
in division (D)(2)(g) or (h) of this section.

(3)
As used in division (J) of this section:

(a)
"Modification application" means a request for a
modification submitted in accordance with division (I) of this
section.

(b)
"Thermal treatment," "boiler," and "industrial
furnace" have the same meanings as in rules adopted under
section 3734.12 of the Revised Code.

(K)
The director shall adopt, and may amend, suspend, or rescind, rules
in accordance with Chapter 119. of the Revised Code in order to
implement divisions (H) and (I) of this section. Except when in
actual conflict with this section, rules governing the classification
of and procedures for the modification of hazardous waste facility
installation and operation permits shall be substantively and
procedurally identical to the regulations governing hazardous waste
facility permitting and permit modifications adopted under the
"Resource Conservation and Recovery Act of 1976," 90 Stat.
2806, 42 U.S.C.A. 6921, as amended.

Sec.
3734.058.
(A)
Except as provided in division (B) of this section, no political
subdivision of this state shall require any additional zoning or
other approval, consent, permit, certificate, or condition for the
operation of a byproduct disposal facility authorized by a byproduct
disposal facility permit to install or modify issued under division
(B) of former section 3734.054, division (B) or (C)(3) of former
section 3734.055, or division (B) of former section 3734.057 of the
Revised Code, nor shall any political subdivision adopt or enforce
any law, ordinance, resolution, or rule that in any way alters,
impairs, or limits the authority granted in the permit.

(B)(1)
Division (A) of this section does not apply to the issuance of an
annual license for a byproduct disposal facility under division
(A)(1) of section 3734.05 of the Revised Code; the issuance of orders
under section 3709.20 or 3709.21 of the Revised Code to enforce the
solid waste provisions of this chapter or rules adopted or terms and
conditions of permits, licenses, or orders issued under those
provisions; the inspection of any such facility for compliance with
those provisions, any such terms and conditions, or any orders issued
under section 3709.20 or 3709.21 of the Revised Code to enforce those
provisions or any such terms and conditions; or the enforcement of
those provisions, any such terms and conditions, or any orders issued
under section 3709.20 or 3709.21 of the Revised Code to enforce those
provisions or any such terms and conditions, by a board of health on
the approved list under section 3734.08 of the Revised Code.

(2)
Division (A) of this section does not alter, impair, or limit the
authority of a board of health or political subdivision of this state
that has been delegated any of the powers and duties of the director
of environmental protection under Chapter 3704. of the Revised Code
pursuant to division
(P)
(O)

of section 3704.03 of the Revised Code to exercise the authority and
perform the duties conferred upon the board or political subdivision
by that delegation.

(C)
As used in this section:

(1)
"Byproduct disposal facility" means a solid waste disposal
facility that exclusively disposes of coal combustion wastes.
"Byproduct disposal facility" does not include a coal
mining and reclamation operation where coal combustion wastes are
used in conducting the operation, or are disposed of, in compliance
with Chapter 1513. of the Revised Code and rules adopted under it.

(2)
"Coal combustion wastes" includes all of the following:

(a)
Air pollution control wastes that are solid wastes, that result from
the combustion of coal at a coal-fired electric generating facility
owned, operated, or leased by an electric light company or a
municipal power agency, and that are generated by air pollution
control equipment installed or used at the electric generating
facility for the purpose of complying with applicable emission
standards or emission limitations established under the "Air
Quality Act of 1967," 81 Stat. 485, 42 U.S.C.A. 1857, as
amended, and regulations adopted under it or Chapter 3704. of the
Revised Code and rules adopted under it;

(b)
Air pollution control wastes that are solid wastes and that are
generated in the operation of air pollution control equipment
installed at a byproduct disposal facility for the purpose of
complying with Chapter 3704. of the Revised Code and rules adopted
under it;

(c)
Water pollution control wastes that are solid wastes and that are
generated in the operation of a disposal system or treatment works
installed at a byproduct disposal facility for the purpose of
complying with Chapter 6111. of the Revised Code and rules adopted
under it;

(d)
Any other similar types of solid wastes that are produced in the
operation of a coal-fired electric generating facility or in the
operation of air pollution control equipment, disposal systems, or
treatment works installed or used at such a facility and that are
identified in rules adopted under division (A) of section 3734.02 of
the Revised Code.

(3)
"Disposal system" and "treatment works" have the
same meanings as in section 6111.01 of the Revised Code.

(4)
"Electric light company" has the same meaning as in section
4905.03 of the Revised Code.

(5)
"Municipal power agency" means any Ohio nonprofit
corporation, the members of which are municipal corporations that own
and operate electric utility systems, that sells electricity to its
members for resale.

Sec.
3734.123.
(A)
As used in this section and section 3734.124 of the Revised Code,
"commercial hazardous waste incinerator" means an enclosed
device that treats hazardous waste by means of controlled flame
combustion and that accepts for treatment hazardous waste that is
generated off the premises on which the device is located by any
person other than the one who owns or operates the device or one who
controls, is controlled by, or is under common control with the
person who owns or operates the device. "Commercial hazardous
waste incinerator" does not include any "boiler" or
"industrial furnace" as those terms are defined in rules
adopted under section 3734.12 of the Revised Code.

(B)
Not sooner than three years after April 15, 1993, and triennially
thereafter, the director of environmental protection shall prepare,
publish, and issue as a final action an assessment of commercial
hazardous waste incinerator capacity in this state. However, after
the issuance as a final action of a determination under division (A)
of section 3734.124 of the Revised Code that terminates the
restrictions established in division (C) of this section, the
director shall cease preparing, publishing, and issuing the periodic
assessments required under this division. The assessment shall
determine the amount of commercial hazardous waste incinerator
capacity needed to manage the hazardous waste expected to be
generated in this state and imported into this state for incineration
at commercial hazardous waste incinerators during the next succeeding
twenty calendar years. The assessment shall include at least all of
the following:

(1)
A determination of the aggregate treatment capacity authorized at
commercial hazardous waste incinerators located in this state;

(2)
A determination of the quantity of hazardous waste generated in this
state that is being treated at commercial hazardous waste
incinerators located in this state and projections of the quantity of
hazardous waste generated in this state that will be treated at those
facilities;

(3)
A determination of the quantity of hazardous waste generated outside
this state that is being treated at commercial hazardous waste
incinerators located in this state and projections of the quantity of
hazardous waste generated outside this state that will be treated at
those facilities;

(4)
A determination of the quantity of hazardous waste generated in this
state that is being treated at commercial hazardous waste
incinerators located outside this state, and projections of the
quantity of hazardous waste generated in this state that will be
treated at those facilities;

(5)
The amount of commercial hazardous waste incinerator capacity that
the director reasonably anticipates will be needed during the first
three years of the planning period to treat hazardous waste generated
from the remediation of sites in this state that are on the national
priority list required under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat.
2767, 42 U.S.C.A. 9601, as amended; as a result of corrective actions
implemented under the "Resource Conservation and Recovery Act of
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended; and as a
result of clean-up activities conducted at sites listed on the master
sites list prepared by the environmental protection agency;

(6)
Based upon available data, provided that the data are reliable and
are compatible with the data base of the environmental protection
agency, an identification of any hazardous waste first listed as a
hazardous waste in regulations adopted under the "Resource
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42
U.S.C.A. 6921, as amended, on or after April 15, 1993, and of any
hazardous waste that has been proposed for such listing by
publication of a notice in the federal register on or before December
1 of the year immediately preceding the triennial assessment;

(7)
An analysis of other factors that may result in capacity changes over
the period addressed by the assessment.

(C)
Except as otherwise provided in section 3734.124 of the Revised Code,
none of the following shall occur on or after April 15, 1993:

(1)
The director shall not do any of the following:

(a)
Issue any hazardous waste facility installation and operation permit
under division (D) of section 3734.05 of the Revised Code for the
establishment of a new commercial hazardous waste incinerator, or
issue any modified hazardous waste facility installation and
operation permit under division (I) of that section that would
authorize an increase in either the treatment capacity of a
commercial hazardous waste incinerator or the quantity of hazardous
waste authorized to be treated by it;

(b)
Issue any permit pursuant to rules adopted under division
(F)
(E)

of section 3704.03 of the Revised Code, division (J) of section
6111.03 of the Revised Code, or the solid waste provisions of this
chapter and rules adopted under those provisions, that is necessary
for the establishment, modification, or operation of any appurtenant
facility or equipment that is necessary for the operation of a new
commercial hazardous waste incinerator, or the modification of such
an existing incinerator to increase either the treatment capacity of
the incinerator or the quantity of hazardous waste that is authorized
to be treated by it. Upon determining that an application for any
permit pertains to the establishment, modification, or operation of
any appurtenant facility or equipment, the director shall cease
reviewing the application and return the application and accompanying
materials to the applicant along with a written notice that division
(C)(1)(b) of this section precludes the director from reviewing and
acting upon the application.

(c)
Issue any exemption order under division (G) of section 3734.02 of
the Revised Code exempting the establishment of a new commercial
hazardous waste incinerator; the modification of an existing facility
to increase either the treatment capacity of the incinerator or the
quantity of hazardous waste that is authorized to be treated by it;
or the establishment, modification, or operation of any facility or
equipment appurtenant to a new or modified commercial hazardous waste
incinerator, from divisions (C)(1)(a) or (b) or (C)(2) of this
section.

(2)
If the director determines that an application for a hazardous waste
facility installation and operation permit submitted under division
(D) of section 3734.05 of the Revised Code pertains to the
establishment of a new commercial hazardous waste incinerator, or a
request for a modification of an existing incinerator submitted under
division (I) of that section pertains to an increase of either the
treatment capacity of the incinerator or the quantity of hazardous
waste that is authorized to be treated by it, the director shall
cease reviewing the application or request and shall return it and
the accompanying materials to the applicant along with a written
notice that division (C)(2) of this section precludes the review of
the application or request.

(D)
Division (C) of this section does not apply to an application for a
modified hazardous waste facility installation and operation permit
under division (I) of section 3734.05 of the Revised Code for any
hazardous waste incinerator in operation before April 15, 1993, if
both of the following apply to the application:

(1)
The application seeks to install an improved air emission control
system designed to achieve compliance with 40 C.F.R. 63, Subpart EEE.

(2)
The application does not seek to increase the treatment capacity of
the hazardous waste incinerator or the quantity of waste to be
treated by it.

(E)
Division (C) of this section does not apply to an application for a
modified hazardous waste facility installation and operation permit
under division (I) of section 3734.05 of the Revised Code for any
hazardous waste incinerator in operation before April 15, 1993, if
all of the following apply to the application:

(1)
The application seeks to increase the treatment capacity of the
hazardous waste incineration operations or the quantity of waste to
be treated by it.

(2)
The hazardous waste incinerator is at or near its actual maximum
operating capacity on

the effective date of this amendment

April 4, 2023
.

(3)
The application seeks to install an improved air emission control
system designed to achieve compliance with 40 C.F.R. 63, Subpart EEE.

(4)
The owner or operator of the hazardous waste incinerator has not been
issued any other permit allowing for the expansion of the hazardous
waste incinerator or construction of a new hazardous waste
incinerator prior to

the effective date of this amendment

April 4, 2023
.

Sec.
3734.124.
(A)
Promptly after issuing a periodic assessment under division (B) of
section 3734.123 of the Revised Code, the director of environmental
protection shall make a determination as to whether it is necessary
or appropriate to continue the restrictions established in division
(C) of section 3734.123 of the Revised Code during the period of time
between the issuance of the assessment and the issuance of the next
succeeding periodic assessment or as to whether it is necessary or
appropriate to terminate the restrictions. The director shall
consider all of the following when making a determination under this
division:

(1)
The findings of the assessment;

(2)
The findings of an evaluation conducted by the director, in
consultation with the chairperson of the state emergency response
commission created in section 3750.02 of the Revised Code, regarding
the capability of this state to respond to the types and frequencies
of releases of hazardous waste that are likely to occur at commercial
hazardous waste incinerators;

(3)
The effect that a new commercial hazardous waste incinerator may have
on ambient air quality in this state;

(4)
The findings of a review of relevant information regarding the
impacts of commercial hazardous waste incinerators on human health
and the environment, such as health studies and risk assessments;

(5)
The findings of a review of the operational records of commercial
hazardous waste incinerators operating in this state;

(6)
The findings of any review of relevant information concerning the
following:

(a)
The cost of and access to commercial hazardous waste incinerator
capacity;

(b)
The length of time and the regulatory review process necessary to
fully permit a commercial hazardous waste incinerator;

(c)
Access to long-term capital investment to fund the building of a
commercial hazardous waste incinerator in this state;

(d)
Efforts by generators of hazardous waste accepted by commercial
hazardous waste incinerators to reduce the amount of hazardous waste
that they generate.

(7)
Regulatory and legislative concerns that may include, without
limitation, the provisions of paragraphs (a) and (b) of 40 C.F.R.
271.4, as they existed on April 15, 1993.

If,
after considering all of the information and concerns that the
director is required to consider under divisions (A)(1) to (7) of
this section, the director determines that it is necessary or
appropriate to terminate the restrictions established in division (C)
of section 3734.123 of the Revised Code in order to protect human
health or safety or the environment, the director shall issue as a
final action a written determination to that effect. If the director
determines that it is necessary or appropriate for those purposes to
continue the restrictions until the issuance of the next succeeding
periodic assessment under division (B) of section 3734.123 of the
Revised Code, the director shall issue as a final action a written
determination to that effect. After the issuance as a final action of
a determination under this division that it is necessary or
appropriate to terminate the restrictions established in division (C)
of section 3734.123 of the Revised Code, the director shall cease
making the periodic determinations required under this division.

(B)
Beginning three years after April 15, 1993, but only on and after the
date of issuance as final actions of an assessment under division (B)
of section 3734.123 of the Revised Code and a determination under
division (A) of this section that it is necessary or appropriate to
terminate the restrictions established in division (C) of section
3734.123 of the Revised Code, the director may do any of the
following:

(1)
To the extent otherwise authorized thereunder, issue any permit
pursuant to rules adopted under division
(F)
(E)

of section 3704.03 of the Revised Code, division (J) of section
6111.03 of the Revised Code, or the solid waste provisions of this
chapter and rules adopted under those provisions, that is necessary
for the establishment, modification, or operation of any appurtenant
facility or equipment that is necessary for the operation of a new
commercial hazardous waste incinerator, or for the modification of an
existing incinerator to increase either the treatment capacity of the
incinerator or the quantity of hazardous waste authorized to be
treated by it;

(2)
To the extent otherwise authorized in division (G) of section 3734.02
of the Revised Code, issue an order exempting the establishment of a
new commercial hazardous waste incinerator; the modification of an
existing incinerator to increase either the treatment capacity of the
incinerator or the quantity of hazardous waste that is authorized to
be treated by it; or the establishment, modification, or operation of
any facility or equipment appurtenant to a new or modified commercial
hazardous waste incinerator, from division (C)(1)(a) or (b) or (C)(2)
of section 3734.123 of the Revised Code;

(3)
Approve or disapprove an application for a hazardous waste facility
installation and operation permit, and issue a permit, under division
(D) of section 3734.05 of the Revised Code for a new commercial
hazardous waste incinerator;

(4)
Approve or disapprove under division (I) of section 3734.05 of the
Revised Code a request to modify the permit of an existing commercial
hazardous waste incinerator to increase either the treatment capacity
of the incinerator or the quantity of hazardous waste authorized to
be treated by it.

Sec.
3734.40.
The
general assembly hereby finds and declares the following to be the
public policy of this state:

(A)
That the off-site treatment, storage, and disposal of hazardous waste
and the off-site disposal of solid wastes, including incineration,
and transfer of solid wastes are critical components of the economic
structure of this state and, when properly controlled and regulated,
make substantial contributions to the general welfare, health, and
prosperity of the state and its inhabitants by minimizing the serious
health and environmental threats inherent in the management of these
wastes;

(B)
That the regulatory provisions of this chapter are designed to extend
strict state regulation to those persons involved in the operations
of these permitted activities so as to foster and justify the public
confidence and trust in the credibility and integrity of the conduct
of these activities;

(C)
That the solid and hazardous waste management industries in this
state can attain, maintain, and retain integrity, public confidence,
and trust, and promote the general public interest, only under a
system of control and regulation that precludes the participation
therein of persons with known criminal records and excludes or
removes from any position of authority or responsibility any person
known to be so deficient in reliability, expertise, or competence
with specific reference to the solid or hazardous waste management
industries that
his
the
person's

participation in them would create or enhance the danger of unsound,
unfair, or illegal practices, methods, and activities in the conduct
of the business of the industries;

(D)
That strict licensing standards will help ensure that members of the
waste management industry in this state will continue to maintain
standards of professionalism and responsibility;

(E)
That it therefore is vital to the interests of this state to prevent
either direct or indirect entry into the operations of the off-site
solid waste disposal and transfer and the off-site hazardous waste
treatment, storage, and disposal, industries of persons who are not
competent and reliable or who have pursued economic gains in an
occupational manner or context violative of the criminal code or
civil public policies of this state, and it is to the end of
excluding such persons from those industries that the regulatory and
investigatory powers and duties provided in sections 3734.41 to

3734.47

3734.46

of
the Revised Code shall be exercised to the fullest extent consistent
with law.

Sec.
3734.41.
As
used in sections 3734.41 to
3734.47

3734.46

of
the Revised Code:

(A)
"Applicant" means any person seeking a permit or license
for an off-site facility and any person or business concern operating
such a facility for an applicant.

(B)
"Application" means the forms and accompanying documents
filed in connection with the applicant's request for a permit.

(C)
"Business concern" means any corporation, association,
firm, partnership, trust, or other form of commercial organization.

(D)
"Disclosure statement" means a statement submitted to the
director of environmental protection and the attorney general by an
applicant. The statement shall include all of the following:

(1)
The full name, business address, and social security number of the
applicant or, if the applicant is a business concern, of all
officers, directors, partners, or key employees thereof and all
individuals or business concerns holding any equity in or debt
liability of that business concern or, if the business concern is a
publicly traded corporation, all individuals or business concerns
holding more than five per cent of the equity in or debt liability of
that business concern, except that when the debt liability is held by
a chartered lending institution, the applicant need supply only the
name and business address of the lending institution;

(2)
The full name, business address, and social security number of all
officers, directors, or partners of any business concern disclosed in
the statement and the names and addresses of all persons holding any
equity in or debt liability of any business concern so disclosed or,
if the business concern is a publicly traded corporation, all
individuals or business concerns holding more than five per cent of
the equity in or debt liability of that business concern, except that
when the debt liability is held by a chartered lending institution,
the applicant need supply only the name and business address of the
lending institution;

(3)
The full name and business address of any company in which the
applicant holds an equity interest and that collects, transfers,
transports, treats, stores, or disposes of solid wastes, infectious
wastes, or hazardous waste or processes solid wastes that consist of
scrap tires;

(4)
A description of the experience and credentials, including any past
or present permits or licenses, for the collection, transfer,
transportation, treatment, storage, or disposal of solid wastes,
infectious wastes, or hazardous waste, or the processing of solid
wastes that consist of scrap tires, possessed by the applicant or, if
the applicant is a business concern, by the officers, directors,
partners, or key employees thereof;

(5)
A listing and explanation of any civil or criminal prosecution by
government agencies, administrative enforcement actions resulting in
the imposition of sanctions, or license revocations or denials issued
by any state or federal authority in the ten years immediately
preceding the filing of the application, that are pending or have
resulted in a finding or a settlement of a violation of any law or
rule or regulation relating to the collection, transfer,
transportation, treatment, storage, or disposal of solid wastes,
infectious wastes, or hazardous waste, or the processing of solid
wastes that consist of scrap tires, or of any other environmental
protection statute, by the applicant or, if the applicant is a
business concern, by the business concern or any officer, director,
partner, or key employee thereof. For the purposes of division (D)(5)
of this section, violations of any law or rule relating to the
transportation of solid wastes, infectious wastes, or hazardous waste
do not include violations that also apply to the transportation of
commodities that are not wastes.

(6)
A listing and explanation of any judgment of liability or conviction
that was rendered pursuant to any state or federal law or local
ordinance resulting in the imposition of a sanction against the
applicant or, if the applicant is a business concern, against the
business concern or any officer, director, partner, or key employee
thereof;

(7)
A listing of any agency outside this state that has or has had
regulatory responsibility over the applicant in connection with its
collection, transfer, transportation, treatment, storage, or disposal
of solid wastes, infectious wastes, or hazardous waste or processing
of solid wastes that consist of scrap tires.

(E)
"Key employee" means any individual, other than a public
official or employee as defined in division (B) of section 102.01 of
the Revised Code who is required to file a statement under section
102.02 of the Revised Code, employed by the applicant or the licensee
in a supervisory capacity or empowered to make discretionary
decisions with respect to the solid waste, infectious waste, or
hazardous waste operations of the business concern, but does not
include any employee exclusively engaged in the physical or
mechanical collection, transfer, transportation, treatment, storage,
or disposal of solid wastes, infectious wastes, or hazardous waste or
processing of solid wastes that consist of scrap tires. If the
applicant or permittee has entered into a contract with another
person to operate the facility that is the subject of the permit or
license or application for a permit or license, "key employee"
also includes those employees of the contractor who act in a
supervisory capacity, or are empowered to make discretionary
decisions, with respect to the operation of the solid, infectious, or
hazardous waste facility. An officer or director of a business
concern required to file a disclosure statement under section 3734.42
of the Revised Code who meets the definition of "key employee"
shall be considered a key employee for purposes of the filing and
disclosure requirements of sections 3734.42 to
3734.47

3734.46

of
the Revised Code.

(F)
"License" means the annual license required by section
3734.05 of the Revised Code for an off-site solid waste disposal or
transfer facility or an off-site infectious waste treatment facility.

(G)
"Off-site facility" means a facility that is located off
the premises where the solid wastes, infectious wastes, or hazardous
waste is generated, but does not include any such facility that
exclusively disposes of wastes that are generated from the combustion
of coal, or from the combustion of primarily coal in combination with
scrap tires, that is not combined in any way with garbage or any such
facility that is owned and operated by the generator of the waste and
that exclusively stores, processes, or disposes of or transfers solid
wastes, exclusively treats infectious wastes, or exclusively disposes
of hazardous waste, generated at one or more premises owned by the
generator.

(H)
"Permit" means a permit to install a new off-site solid
waste disposal facility, including an incineration facility, or a new
transfer facility issued under section 3734.05 of the Revised Code; a
permit to install a new off-site solid waste facility that is a scrap
tire storage, monocell, monofill, or recovery facility issued under
section 3734.76, 3734.77, or 3734.78 of the Revised Code, as
applicable; a permit to install a new off-site infectious waste
treatment facility issued under section 3734.05 of the Revised Code;
and a permit to install and operate a new off-site hazardous waste
treatment, storage, or disposal facility issued under section 3734.05
of the Revised Code.

(I)
"Permittee" means any person who has received a permit or
license for an off-site facility.

Sec.
3734.42.
(A)(1)
Every applicant for a permit shall file a disclosure statement, on a
form developed by the attorney general, with the director of
environmental protection and the attorney general at the same time
the applicant files an application for the permit with the director.

(2)
Any individual required to be listed in the disclosure statement
shall be fingerprinted for identification and investigation purposes
in accordance with procedures established by the attorney general. An
individual required to be fingerprinted under this section shall not
be required to be fingerprinted more than once under this section.

(3)
The attorney general, within one hundred eighty days after receipt of
the disclosure statement from an applicant for a permit, shall
prepare and transmit to the director an investigative report on the
applicant, based in part upon the disclosure statement, except that
this deadline may be extended for a reasonable period of time, for
good cause, by the director or the attorney general. In preparing
this report, the attorney general may request and receive criminal
history information from the federal bureau of investigation and any
other law enforcement agency or organization. The attorney general
may provide such confidentiality regarding the information received
from a law enforcement agency as may be imposed by that agency as a
condition for providing that information to the attorney general.

(4)
The review of the application by the director shall include a review
of the disclosure statement and investigative report.

(B)
All applicants and permittees shall provide any assistance or
information requested by the director or the attorney general and
shall cooperate in any inquiry or investigation conducted by the
attorney general and any inquiry, investigation, or hearing conducted
by the director. If, upon issuance of a formal request to answer any
inquiry or produce information, evidence, or testimony, any applicant
or permittee, any officer, director, or partner of any business
concern, or any key employee of the applicant or permittee refuses to
comply, the permit of the applicant or permittee may be denied or
revoked by the director.

(C)
The attorney general may charge and collect such fees from applicants
and permittees as are necessary to cover the costs of administering
and enforcing the investigative procedures authorized in sections
3734.41 to
3734.47

3734.46

of
the Revised Code. The attorney general shall transmit moneys
collected under this division to the treasurer of state to be
credited to the solid and hazardous waste background investigations
fund, which is hereby created in the state treasury. Moneys in the
fund shall be used solely for paying the attorney general's costs of
administering and enforcing the investigative procedures authorized
in sections 3734.41 to
3734.47

3734.46

of
the Revised Code.

(D)
An appropriate applicant, a permittee, or a prospective owner shall
submit to the attorney general, on a form provided by the attorney
general, the following information within the periods specified:

(1)
Information required to be included in the disclosure statement for
any new officer, director, partner, or key employee, to be submitted
within ninety days from the addition of the officer, director,
partner, or key employee;

(2)
Information required to be included in a disclosure statement
regarding the addition of any new business concern to be submitted
within ninety days from the addition of the new business concern.

(E)(1)
The attorney general shall enter in the database established under
section 109.5721 of the Revised Code the name, the fingerprints, and
other relevant information concerning each officer, director,
partner, or key employee of an applicant, permittee, or prospective
owner.

(2)
For purposes of section 109.5721 of the Revised Code, annually on a
date assigned by the attorney general, an applicant, permittee, or
prospective owner shall provide the attorney general with a list of
both of the following:

(a)
Each officer, director, partner, or key employee of the applicant,
permittee, or prospective owner and the person's address and social
security number;

(b)
Any officer, director, partner, or key employee of the applicant,
permittee, or prospective owner who has left a position previously
held with the applicant, permittee, or prospective owner during the
previous one-year period and the person's social security number.

(3)
Annually, the attorney general shall update the database established
under section 109.5721 of the Revised Code to reflect the information
provided by an applicant, permittee, or prospective owner under
divisions (E)(2)(a) and (b) of this section.

(4)
Notwithstanding division (C) of this section, the attorney general
shall charge and collect fees from an applicant, permittee, or
prospective owner that is required to submit information under this
division in accordance with rules adopted under section 109.5721 of
the Revised Code. The fees shall not exceed fees that are charged to
any other person who is charged fees for purposes of the database
established under that section and who is not an officer, director,
partner, or key employee of an applicant, permittee, or prospective
owner under this section.

(F)(1)
Every five years, the attorney general shall request from the federal
bureau of investigation any information regarding a criminal
conviction with respect to each officer, director, partner, or key
employee of an applicant, permittee, or prospective owner. The
attorney general may take any actions necessary for purposes of this
division, including, as necessary, requesting the submission of any
necessary documents authorizing the release of information.

(2)
Every five years, an applicant, permittee, or prospective owner shall
submit an affidavit listing all of the following regarding a business
concern required to be listed in the applicant's, permittee's, or
prospective owner's disclosure statement:

(a)
Any administrative enforcement order issued to the business concern
in connection with any violation of any federal or state
environmental protection laws, rules, or regulations during the
previous five-year period;

(b)
Any civil action in which the business concern was determined to be
liable or was the subject of injunctive relief or another type of
civil relief in connection with any violation of any federal or state
environmental protection laws, rules, or regulations during the
previous five-year period;

(c)
Any criminal conviction for a violation of any federal or state
environmental protection laws, rules, or regulations that has been
committed knowingly or recklessly by the business concern during the
previous five-year period.

(G)
With respect to an applicant, permittee, or prospective owner, the
attorney general shall notify the director of environmental
protection of any crime ascertained under division (E) or (F) of this
section that is a disqualifying offense under section 9.79 of the
Revised Code. The attorney general shall provide the notification not
later than thirty days after the crime was ascertained.

(H)
The failure to provide information under this section may constitute
the basis for the revocation of a permit or license, the denial of a
permit or license application, the denial of a renewal of a permit or
license, or the disapproval of a change in ownership as described in
division (I) of this section. Prior to a denial, revocation, or
disapproval, the director shall notify the applicant, permittee, or
prospective owner of the director's intention to do so. The director
shall give the applicant, permittee, or prospective owner fourteen
days from the date of the notice to explain why the information was
not provided. The director shall consider the explanation when
determining whether to revoke the permit or license, deny the permit
or license application or renewal, or disapprove the change in
ownership.

Nothing
in this section affects the rights of the director or the attorney
general granted under sections 3734.40 to
3734.47

3734.46

of
the Revised Code to request information from a person at any other
time.

(I)(1)
Whenever there is a change in ownership of any operating off-site
solid waste facility, any operating off-site infectious waste
facility, or any operating off-site hazardous waste facility, the
prospective owner shall file a disclosure statement with the attorney
general and the director at least one hundred eighty days prior to
the proposed change in ownership. In addition, whenever there is a
change in ownership of any operating on-site solid waste facility,
any operating on-site infectious waste facility, or any operating
on-site hazardous waste facility and the prospective owner intends to
operate the facility as an off-site facility by accepting wastes
other than wastes generated by the facility owner, the prospective
owner shall file a disclosure statement with the attorney general and
the director. The prospective owner shall file the disclosure
statement at least one hundred eighty days prior to the proposed
change in ownership.

Upon
receipt of the disclosure statement, the attorney general shall
prepare an investigative report and transmit it to the director. The
director shall review the disclosure statement and investigative
report to determine whether the statement or report contains
information that if submitted with a permit application would require
a denial of the permit pursuant to section 3734.44 of the Revised
Code. If the director determines that the statement or report
contains such information, the director shall disapprove the change
in ownership.

(2)
If the parties to a change in ownership decide to proceed with the
change prior to the action of the director on the disclosure
statement and investigative report, the parties shall include in all
contracts or other documents reflecting the change in ownership
language expressly making the change in ownership subject to the
approval of the director and expressly negating the change if it is
disapproved by the director pursuant to division (I)(1) of this
section.

(3)
As used in this section, "change in ownership" includes a
change of the individuals or entities who own a solid waste facility,
infectious waste facility, or hazardous waste facility. "Change
in ownership" does not include a legal change in a business
concern's name when its ownership otherwise remains the same. "Change
in ownership" also does not include a personal name change of
officers, directors, partners, or key employees contained in a
disclosure statement.

Sec.
3734.43.
(A)
As used in this section, "documentary material" means the
original or any copy of any writings, drawings, graphs, charts,
photographs, phonorecords, and other data compilation from which
intelligence, relevant to any investigation conducted to determine if
any person is or has been engaged in a violation of this chapter, may
be perceived with or without the use of detection devices.

(B)
Whenever the attorney general has reasonable cause to believe that
any individual or business concern may be in possession, custody, or
control of any documentary material or may have knowledge of any fact
relevant to any investigation of an applicant or permittee authorized
in sections 3734.41 to
3734.47

3734.46

of
the Revised Code, the attorney general or
his
the
attorney general's

designated representative may issue in writing and cause to be served
upon any individual or business concern or the representative or
agent of the individual or business concern an investigative demand
requiring the individual or business concern to produce the
documentary material for inspection and copying or reproduction, to
answer under oath and in writing written interrogatories, or to
appear and testify under oath before the attorney general or
his
the
attorney general's

duly authorized representative, or requiring the individual or
business concern to do any combination of these three demands.

(C)
Each investigative demand shall:

(1)
Describe the conduct under investigation and state the provisions of
law applicable thereto;

(2)
If it is a demand for production of documentary material:

(a)
Describe with reasonable particularity the documentary material to be
produced;

(b)
Prescribe a return date that will provide a reasonable period of time
within which the material may be assembled and made available for
inspection and copying or reproduction;

(c)
Identify the custodian to whom the material shall be made available
and the location at which the material is to be produced.

(3)
If it is a demand for answers to written interrogatories:

(a)
Identify the representative of the attorney general to whom such
answers shall be made;

(b)
Prescribe a date by which the answers shall be presented.

(4)
If it is a demand for the giving of oral testimony:

(a)
Prescribe a date, time, and place at which oral testimony will be
taken;

(b)
Identify the representative of the attorney general who will conduct
the oral examination.

(D)
No investigative demand shall:

(1)
Contain any requirement that would be unreasonable if contained in a
subpoena or subpoena duces tecum issued by a court in aid of a grand
jury investigation;

(2)
Except as provided in division (H) of this section, require any
answers to written interrogatories, the giving of any oral testimony,
or the production of any documentary material that would be
privileged from disclosure if demanded by a subpoena or subpoena
duces tecum issued by a court in aid of a grand jury investigation.

(E)
Service of any investigative demand may be made and is complete by
either of the following:

(1)
Mailing a copy of the demand by certified mail addressed to the
individual or business concern to be served at
his
the
individual's

or
its
business
concern's

principal office, place of business, or residence;

(2)
Delivering a copy of the demand to the individual or business concern
or the representative or agent of the individual or business concern.

(F)
Any individual or business concern served with a demand under this
section may be represented by counsel at the taking of that
individual's or business concern's testimony.

(G)
Except as otherwise provided in this section, the taking of oral
testimony, answering of written interrogatories, and production of
documentary material under this section shall in all respects follow
the procedures established by the discovery provisions of the Rules
of Civil Procedure.

(H)(1)
Whenever an individual or business concern served with a demand under
this section refuses on the basis of the individual's privilege
against self-incrimination to provide any oral testimony, to answer
any written interrogatories, or to produce any documentary material,
the attorney general or
his
the
attorney general's

designated representative may file a written request with a court of
common pleas, and the court, unless it finds that to do so would not
further the administration of justice, shall compel that individual
to provide the oral testimony, to answer the written interrogatories,
or to produce the documentary material if all of the following apply:

(a)
The attorney general or
his
the
attorney general's

designated representative makes a written request to the court of
common pleas to order the individual to provide oral testimony, to
answer written interrogatories, or produce documentary material,
notwithstanding
his
the
individual's

claim of privilege;

(b)
The written request is made to a court of common pleas in the county
in which the individual resides, transacts business, or is otherwise
found, except that if the individual transacts business in more than
one county, the request shall be made in the county in which the
individual maintains
his
the
individual's

principal place of business;

(c)
The court of common pleas informs the individual that by providing
oral testimony, answering written interrogatories, or producing
documentary material
he
the
individual

will receive immunity under division (H)(2) of this section.

(2)
If, but for division (H) of this section, the individual would have
been privileged to withhold any oral testimony, answers to written
interrogatories, or documentary material given in these proceedings
and
he
the
individual

complies with an order under division (H)(1) of this section
compelling
him
the
individual

to provide testimony, answers, or material, that answer, testimony,
or evidence or any evidence directly or indirectly derived therefrom
may not be used against
him
the
individual

in any prosecution for a crime or offense concerning which
he
the
individual

gave the answer, testified, or produced evidence if the answer,
testimony, or evidence is responsive to the question propounded.

(3)
An individual granted immunity under division (H) of this section may
be subjected to a criminal penalty for any violation of section
2921.11, 2921.12, or 2921.13 of the Revised Code, or for contempt
committed in providing oral testimony, answers to written
interrogatories, or documentary material in compliance with the
order.

(I)
Within twenty days after service of an investigative demand upon any
individual or business concern under this section or at any time
before the compliance date specified in the demand, whichever period
is shorter, the individual or business concern may file in the court
of common pleas in the county in which
he
the
individual or business concern

resides, transacts business, or is otherwise found, and serve upon
the attorney general, a request for an order of the court modifying
or setting aside the demand, except that if the individual or
business concern transacts business in more than one county, the
request shall be filed in the county in which the individual or
business concern maintains
his
the
individual's or business concern's

principal place of business or in any other county that may be agreed
upon by the individual or business concern and the attorney general
or
his
the
attorney general's

designated representative. If the court finds that the noncompliance
was in bad faith or for the purpose of delay, it may order the
individual or business concern to pay to the attorney general the
reasonable expenses incurred in defending the investigative demand,
including attorneys' fees, and may invoke the sanctions provided by
Civil Rule 37.

(J)
No individual or business concern shall, with intent to avoid, evade,
prevent, or obstruct compliance in whole or in part by any individual
or business concern with any investigative demand made under this
section, remove from any place, conceal, withhold, destroy, mutilate,
alter, or by any other means falsify any documentary material that is
the subject of any investigative demand served upon any individual or
business concern.

(K)
The attorney general is responsible for the custody, use, and
necessary preservation of the documentary material made available
pursuant to a demand and for its return as provided by this section.

(L)
All documentary material, answers to written interrogatories, and
transcripts of oral testimony that are provided pursuant to any
investigative demand are compiled as if in reasonable anticipation of
a civil or criminal action or proceeding and shall be confidential
and not subject to disclosure. Unless otherwise ordered by a court of
common pleas, no such documentary material, answers to written
interrogatories, or transcripts of oral testimony shall be available
for examination or copying by, nor shall the contents thereof be
disclosed to, any individual other than an authorized representative
of the attorney general without the consent of the individual or
business concern that provided the material, answers, or testimony,
except that the documentary material, answers to written
interrogatories, or oral testimony may be used in any grand jury
investigation or in the conduct of any case or other official
proceeding involving the issuance of a license or permit required
under this chapter or involving an alleged violation of this chapter.
Materials compiled pursuant to investigative procedures under this
section are discoverable only to the extent authorized by the rules
of any administrative or judicial tribunal in which any proceeding
under this chapter is pending. No employee of the office of the
attorney general shall purposely make available for examination or
copying documentary material, answers to written interrogatories, or
transcripts of oral testimony provided pursuant to an investigative
demand, nor disclose the contents thereof, except as provided by this
section.

(M)
When copies of documentary material made available pursuant to an
investigative demand are no longer required for use in a pending
proceeding or, absent any pending proceeding, are no longer required
in connection with the investigation for which they were demanded, or
at the end of twenty-four months after the date when the material was
made available, whichever is earlier, all copies of the material
shall be returned unless a request to extend the period beyond
twenty-four months has been filed in the court of common pleas in
which a request for an order compelling compliance pursuant to
division (H) of this section could be filed. This division does not
require the return of any copies of the documentary material that
have passed into the control of any court or grand jury.

(N)
Notwithstanding any provision of the Revised Code, public officers
and their deputies, assistants, clerks, subordinates, and employees
shall render and furnish to the attorney general or
his
the
attorney general's

designated representatives when so requested all information and
assistance in their possession or within their power. The attorney
general or
his
the
attorney general's

authorized representatives shall provide the same degree of
confidentiality for any information received under this section as
the public officer or employee from whom it is obtained is required
by law to provide with respect to the information.

(O)
When any request is filed in any court of common pleas under this
section, the court shall have jurisdiction to hear and determine the
matter presented. In any proceeding brought pursuant to this section,
upon a showing by the attorney general that the information sought is
potentially relevant to an investigation authorized herein, the court
shall order the individual or business concern to provide the
information requested by the attorney general.

(P)
Nothing in this section impairs the authority of the attorney general
to file any complaint alleging a violation of this chapter that is
not described in the demand, nor prevents the use of any evidence
obtained through this section or otherwise in such an action.

(Q)
Nothing in this section impairs the authority of the attorney general
or
his
the
attorney general's

representatives to lay before any grand jury impaneled in this state
any evidence obtained through this section or otherwise concerning
any alleged violation of this chapter, to invoke the power of the
courts to compel the production of any evidence before any such grand
jury, to institute any proceeding for the enforcement of any order or
process issued in execution of such power, or to punish disobedience
of any such order or process by any person.

(R)
Any judicial proceeding to challenge or enforce an investigative
demand made by the attorney general against an individual or business
concern who neither resides in nor transacts business in this state
shall be initiated in the court of common pleas of Franklin county.

Sec.
3734.57.
(A)
The following fees are hereby levied on the transfer or disposal of
solid wastes in this state:

(1)
Seventy-one cents per ton through June 30, 2028, eleven cents of the
proceeds of which shall be deposited in the state treasury to the
credit of the hazardous waste facility management fund created in
section 3734.18 of the Revised Code and sixty cents of the proceeds
of which shall be deposited in the state treasury to the credit of
the hazardous waste clean-up fund created in section 3734.28 of the
Revised Code;

(2)
An additional ninety cents per ton through June 30, 2028, the
proceeds of which shall be deposited in the state treasury to the
credit of the waste management fund created in section 3734.061 of
the Revised Code;

(3)
An additional two dollars and eighty-one cents per ton through June
30, 2028, the proceeds of which shall be deposited in the state
treasury to the credit of the environmental protection fund created
in section 3745.015 of the Revised Code;

(4)
An additional twenty-five cents per ton through June 30, 2028, the
proceeds of which shall be deposited in the state treasury to the
credit of the soil and water conservation district assistance fund
created in section 940.15 of the Revised Code;

(5)
An additional eight cents per ton through June 30, 2028, the proceeds
of which shall be deposited in the state treasury to the credit of
the national priority list remedial support fund created in section
3734.579 of the Revised Code.

In
the case of solid wastes that are taken to a solid waste transfer
facility located in this state prior to being transported for
disposal at a solid waste disposal facility located in this state or
outside of this state, the fees levied under this division shall be
collected by the owner or operator of the transfer facility as a
trustee for the state. The amount of fees required to be collected
under this division at such a transfer facility shall equal the total
tonnage of solid wastes received at the facility multiplied by the
fees levied under this division. In the case of solid wastes that are
not taken to a solid waste transfer facility located in this state
prior to being transported to a solid waste disposal facility, the
fees shall be collected by the owner or operator of the solid waste
disposal facility as a trustee for the state. The amount of fees
required to be collected under this division at such a disposal
facility shall equal the total tonnage of solid wastes received at
the facility that was not previously taken to a solid waste transfer
facility located in this state multiplied by the fees levied under
this division. Fees levied under this division do not apply to
materials separated from a mixed waste stream for recycling by a
generator or materials removed from the solid waste stream through
recycling, as "recycling" is defined in rules adopted under
section 3734.02 of the Revised Code.

The
owner or operator of a solid waste transfer facility or disposal
facility, as applicable, shall prepare and file with the director of
environmental protection each month a return indicating the total
tonnage of solid wastes received at the facility during that month
and the total amount of the fees required to be collected under this
division during that month. In addition, the owner or operator of a
solid waste disposal facility shall indicate on the return the total
tonnage of solid wastes received from transfer facilities located in
this state during that month for which the fees were required to be
collected by the transfer facilities. The monthly returns shall be
filed on a form prescribed by the director. Not later than thirty
days after the last day of the month to which a return applies, the
owner or operator shall mail to the director the return for that
month together with the fees required to be collected under this
division during that month as indicated on the return or may submit
the return and fees electronically in a manner approved by the
director. If the return is filed and the amount of the fees due is
paid in a timely manner as required in this division, the owner or
operator may retain a discount of three-fourths of one per cent of
the total amount of the fees that are required to be paid as
indicated on the return.

The
owner or operator may request an extension of not more than thirty
days for filing the return and remitting the fees, provided that the
owner or operator has submitted such a request in writing to the
director together with a detailed description of why the extension is
requested, the director has received the request not later than the
day on which the return is required to be filed, and the director has
approved the request. If the fees are not remitted within thirty days
after the last day of the month to which the return applies or are
not remitted by the last day of an extension approved by the
director, the owner or operator shall not retain the three-fourths of
one per cent discount and shall pay an additional ten per cent of the
amount of the fees for each month that they are late. For purposes of
calculating the late fee, the first month in which fees are late
begins on the first day after the deadline has passed for timely
submitting the return and fees, and one additional month shall be
counted every thirty days thereafter.

The
owner or operator of a solid waste facility may request a refund or
credit of fees levied under this division and remitted to the
director that have not been paid to the owner or operator. Such a
request shall be made only if the fees have not been collected by the
owner or operator, have become a debt that has become worthless or
uncollectable for a period of six months or more, and may be claimed
as a deduction, including a deduction claimed if the owner or
operator keeps accounts on an accrual basis, under the "Internal
Revenue Code of 1954," 68A Stat. 50, 26 U.S.C. 166, as amended,
and regulations adopted under it. Prior to making a request for a
refund or credit, an owner or operator shall make reasonable efforts
to collect the applicable fees. A request for a refund or credit
shall not include any costs resulting from those efforts to collect
unpaid fees.

A
request for a refund or credit of fees shall be made in writing, on a
form prescribed by the director, and shall be supported by evidence
that may be required in rules adopted by the director under this
chapter. After reviewing the request, and if the request and evidence
submitted with the request indicate that a refund or credit is
warranted, the director shall grant a refund to the owner or operator
or shall permit a credit to be taken by the owner or operator on a
subsequent monthly return submitted by the owner or operator. The
amount of a refund or credit shall not exceed an amount that is equal
to ninety days' worth of fees owed to an owner or operator by a
particular debtor of the owner or operator. A refund or credit shall
not be granted by the director to an owner or operator more than once
in any twelve-month period for fees owed to the owner or operator by
a particular debtor.

If,
after receiving a refund or credit from the director, an owner or
operator receives payment of all or part of the fees, the owner or
operator shall remit the fees with the next monthly return submitted
to the director together with a written explanation of the reason for
the submittal.

For
purposes of computing the fees levied under this division or division
(B) of this section, any solid waste transfer or disposal facility
that does not use scales as a means of determining gate receipts
shall use a conversion factor of three cubic yards per ton of solid
waste or one cubic yard per ton for baled waste, as applicable.

The
fees levied under this division and divisions (B) and (C) of this
section are in addition to all other applicable fees and taxes and
shall be paid by the customer or a political subdivision to the owner
or operator of a solid waste transfer or disposal facility. In the
alternative, the fees shall be paid by a customer or political
subdivision to a transporter of waste who subsequently transfers the
fees to the owner or operator of such a facility. The fees shall be
paid notwithstanding the existence of any provision in a contract
that the customer or a political subdivision may have with the owner
or operator or with a transporter of waste to the facility that would
not require or allow such payment regardless of whether the contract
was entered prior to or after October 16, 2009. For those purposes,
"customer" means a person who contracts with, or utilizes
the solid waste services of, the owner or operator of a solid waste
transfer or disposal facility or a transporter of solid waste to such
a facility.

(B)
For the purposes specified in division (G) of this section, the solid
waste management policy committee of a county or joint solid waste
management district may levy fees upon the following activities:

(1)
The disposal at a solid waste disposal facility located in the
district of solid wastes generated within the district;

(2)
The disposal at a solid waste disposal facility within the district
of solid wastes generated outside the boundaries of the district, but
inside this state;

(3)
The disposal at a solid waste disposal facility within the district
of solid wastes generated outside the boundaries of this state.

The
solid waste management plan of the county or joint district approved
under section 3734.521 or 3734.55 of the Revised Code and any
amendments to it, or the resolution adopted under this division, as
appropriate, shall establish the rates of the fees levied under
divisions (B)(1), (2), and (3) of this section, if any, and shall
specify whether the fees are levied on the basis of tons or cubic
yards as the unit of measurement. A solid waste management district
that levies fees under this division on the basis of cubic yards
shall do so in accordance with division (A) of this section.

The
fee levied under division (B)(1) of this section shall be not less
than one dollar per ton nor more than two dollars per ton, the fee
levied under division (B)(2) of this section shall be not less than
two dollars per ton nor more than four dollars per ton, and the fee
levied under division (B)(3) of this section shall be not more than
the fee levied under division (B)(1) of this section.

Prior
to the approval of the solid waste management plan of a district
under section 3734.55 of the Revised Code, the solid waste management
policy committee of a district may levy fees under this division by
adopting a resolution establishing the proposed amount of the fees.
Upon adopting the resolution, the committee shall deliver a copy of
the resolution to the board of county commissioners of each county
forming the district and to the legislative authority of each
municipal corporation and township under the jurisdiction of the
district and shall prepare and publish the resolution and a notice of
the time and location where a public hearing on the fees will be
held. Upon adopting the resolution, the committee shall deliver
written notice of the adoption of the resolution; of the amount of
the proposed fees; and of the date, time, and location of the public
hearing to the director and to the fifty industrial, commercial, or
institutional generators of solid wastes within the district that
generate the largest quantities of solid wastes, as determined by the
committee, and to their local trade associations. The committee shall
make good faith efforts to identify those generators within the
district and their local trade associations, but the nonprovision of
notice under this division to a particular generator or local trade
association does not invalidate the proceedings under this division.
The publication shall occur at least thirty days before the hearing.
After the hearing, the committee may make such revisions to the
proposed fees as it considers appropriate and thereafter, by
resolution, shall adopt the revised fee schedule. Upon adopting the
revised fee schedule, the committee shall deliver a copy of the
resolution doing so to the board of county commissioners of each
county forming the district and to the legislative authority of each
municipal corporation and township under the jurisdiction of the
district. Within sixty days after the delivery of a copy of the
resolution adopting the proposed revised fees by the policy
committee, each such board and legislative authority, by ordinance or
resolution, shall approve or disapprove the revised fees and deliver
a copy of the ordinance or resolution to the committee. If any such
board or legislative authority fails to adopt and deliver to the
policy committee an ordinance or resolution approving or disapproving
the revised fees within sixty days after the policy committee
delivered its resolution adopting the proposed revised fees, it shall
be conclusively presumed that the board or legislative authority has
approved the proposed revised fees. The committee shall determine if
the resolution has been ratified in the same manner in which it
determines if a draft solid waste management plan has been ratified
under division (B) of section 3734.55 of the Revised Code.

The
committee may amend the schedule of fees levied pursuant to a
resolution adopted and ratified under this division by adopting a
resolution establishing the proposed amount of the amended fees. The
committee may repeal the fees levied pursuant to such a resolution by
adopting a resolution proposing to repeal them. Upon adopting such a
resolution, the committee shall proceed to obtain ratification of the
resolution in accordance with this division.

Not
later than fourteen days after declaring the new fees to be ratified
or the fees to be repealed under this division, the committee shall
notify by certified mail the owner or operator of each solid waste
disposal facility that is required to collect the fees of the
ratification and the amount of the fees or of the repeal of the fees.
Collection of any fees shall commence or collection of repealed fees
shall cease on the first day of the second month following the month
in which notification is sent to the owner or operator.

Fees
levied under this division also may be established, amended, or
repealed by a solid waste management policy committee through the
adoption of a new district solid waste management plan, the adoption
of an amended plan, or the amendment of the plan or amended plan in
accordance with sections 3734.55 and 3734.56 of the Revised Code or
the adoption or amendment of a district plan in connection with a
change in district composition under section 3734.521 of the Revised
Code.

Not
later than fourteen days after the director issues an order approving
a district's solid waste management plan, amended plan, or amendment
to a plan or amended plan that establishes, amends, or repeals a
schedule of fees levied by the district, the committee shall notify
by certified mail the owner or operator of each solid waste disposal
facility that is required to collect the fees of the approval of the
plan or amended plan, or the amendment to the plan, as appropriate,
and the amount of the fees, if any. In the case of an initial or
amended plan approved under section 3734.521 of the Revised Code in
connection with a change in district composition, other than one
involving the withdrawal of a county from a joint district, the
committee, within fourteen days after the change takes effect
pursuant to division (E) of that section, shall notify by certified
mail the owner or operator of each solid waste disposal facility that
is required to collect the fees that the change has taken effect and
of the amount of the fees, if any. Collection of any fees shall
commence or collection of repealed fees shall cease on the first day
of the second month following the month in which notification is sent
to the owner or operator.

If,
in the case of a change in district composition involving the
withdrawal of a county from a joint district, the director completes
the actions required under section 3734.522 of the Revised Code,
forty-five days or more before the beginning of a calendar year, the
policy committee of each of the districts resulting from the change
that obtained the director's approval of an initial or amended plan
in connection with the change, within fourteen days after the
director's completion of the required actions, shall notify by
certified mail the owner or operator of each solid waste disposal
facility that is required to collect the district's fees that the
change is to take effect on the first day of January immediately
following the issuance of the notice and of the amount of the fees or
amended fees levied under divisions (B)(1) to (3) of this section
pursuant to the district's initial or amended plan as so approved or,
if appropriate, the repeal of the district's fees by that initial or
amended plan. Collection of any fees set forth in such a plan or
amended plan shall commence on the first day of January immediately
following the issuance of the notice. If such an initial or amended
plan repeals a schedule of fees, collection of the fees shall cease
on that first day of January.

If,
in the case of a change in district composition involving the
withdrawal of a county from a joint district, the director completes
the actions required under section 3734.522 of the Revised Code, less
than forty-five days before the beginning of a calendar year, the
director, on behalf of each of the districts resulting from the
change that obtained the director's approval of an initial or amended
plan in connection with the change proceedings, shall notify by
certified mail the owner or operator of each solid waste disposal
facility that is required to collect the district's fees that the
change is to take effect on the first day of January immediately
following the mailing of the notice and of the amount of the fees or
amended fees levied under divisions (B)(1) to (3) of this section
pursuant to the district's initial or amended plan as so approved or,
if appropriate, the repeal of the district's fees by that initial or
amended plan. Collection of any fees set forth in such a plan or
amended plan shall commence on the first day of the second month
following the month in which notification is sent to the owner or
operator. If such an initial or amended plan repeals a schedule of
fees, collection of the fees shall cease on the first day of the
second month following the month in which notification is sent to the
owner or operator.

If
the schedule of fees that a solid waste management district is
levying under divisions (B)(1) to (3) of this section is amended or
repealed, the fees in effect immediately prior to the amendment or
repeal shall continue to be collected until collection of the amended
fees commences or collection of the repealed fees ceases, as
applicable, as specified in this division. In the case of a change in
district composition, money so received from the collection of the
fees of the former districts shall be divided among the resulting
districts in accordance with section 3734.522 of the Revised Code and
the agreements entered into under division (B) of section 343.01 of
the Revised Code to establish the former and resulting districts and
any amendments to those agreements.

For
the purposes of the provisions of division (B) of this section
establishing the times when newly established or amended fees levied
by a district are required to commence and the collection of fees
that have been amended or repealed is required to cease, "fees"
or "schedule of fees" includes, in addition to fees levied
under divisions (B)(1) to (3) of this section, those levied under
section 3734.573 or 3734.574 of the Revised Code.

(C)
For the purposes of defraying the added costs to a municipal
corporation or township of maintaining roads and other public
facilities and of providing emergency and other public services, and
compensating a municipal corporation or township for reductions in
real property tax revenues due to reductions in real property
valuations resulting from the location and operation of a solid waste
disposal facility within the municipal corporation or township, a
municipal corporation or township in which such a solid waste
disposal facility is located may levy a fee of not more than
twenty-five cents per ton on the disposal of solid wastes at a solid
waste disposal facility located within the boundaries of the
municipal corporation or township regardless of where the wastes were
generated.

The
legislative authority of a municipal corporation or township may levy
fees under this division by enacting an ordinance or adopting a
resolution establishing the amount of the fees. Upon so doing the
legislative authority shall mail a certified copy of the ordinance or
resolution to the board of county commissioners or directors of the
county or joint solid waste management district in which the
municipal corporation or township is located or, if a regional solid
waste management authority has been formed under section 343.011 of
the Revised Code, to the board of trustees of that regional
authority, the owner or operator of each solid waste disposal
facility in the municipal corporation or township that is required to
collect the fee by the ordinance or resolution, and the director of
environmental protection. Although the fees levied under this
division are levied on the basis of tons as the unit of measurement,
the legislative authority, in its ordinance or resolution levying the
fees under this division, may direct that the fees be levied on the
basis of cubic yards as the unit of measurement based upon a
conversion factor of three cubic yards per ton generally or one cubic
yard per ton for baled wastes.

Not
later than five days after enacting an ordinance or adopting a
resolution under this division, the legislative authority shall so
notify by certified mail the owner or operator of each solid waste
disposal facility that is required to collect the fee. Collection of
any fee levied on or after March 24, 1992, shall commence on the
first day of the second month following the month in which
notification is sent to the owner or operator.

(D)(1)
The fees levied under divisions (A), (B), and (C) of this section do
not apply to the disposal of solid wastes that:

(a)
Are disposed of at a facility owned by the generator of the wastes
when the solid waste facility exclusively disposes of solid wastes
generated at one or more premises owned by the generator regardless
of whether the facility is located on a premises where the wastes are
generated;

(b)
Are generated from the combustion of coal, or from the combustion of
primarily coal, regardless of whether the disposal facility is
located on the premises where the wastes are generated;

(c)
Are asbestos or asbestos-containing materials or products disposed of
at a construction and demolition debris facility that is licensed
under Chapter 3714. of the Revised Code or at a solid waste facility
that is licensed under this chapter.

(2)
Except as provided in section 3734.571 of the Revised Code, any fees
levied under division (B)(1) of this section apply to solid wastes
originating outside the boundaries of a county or joint district that
are covered by an agreement for the joint use of solid waste
facilities entered into under section 343.02 of the Revised Code by
the board of county commissioners or board of directors of the county
or joint district where the wastes are generated and disposed of.

(3)
When solid wastes, other than solid wastes that consist of scrap
tires, are burned in a disposal facility that is an incinerator or
energy recovery facility, the fees levied under divisions (A), (B),
and (C) of this section shall be levied upon the disposal of the fly
ash and bottom ash remaining after burning of the solid wastes and
shall be collected by the owner or operator of the sanitary landfill
where the ash is disposed of.

(4)
When solid wastes are delivered to a solid waste transfer facility,
the fees levied under divisions (B) and (C) of this section shall be
levied upon the disposal of solid wastes transported off the premises
of the transfer facility for disposal and shall be collected by the
owner or operator of the solid waste disposal facility where the
wastes are disposed of.

(5)
The fees levied under divisions (A), (B), and (C) of this section do
not apply to sewage sludge that is generated by a waste water
treatment facility holding a national pollutant discharge elimination
system permit and that is disposed of through incineration, land
application, or composting or at another resource recovery or
disposal facility that is not a landfill.

(6)
The fees levied under divisions (A), (B), and (C) of this section do
not apply to solid wastes delivered to a solid waste composting
facility for processing. When any unprocessed solid waste or compost
product is transported off the premises of a composting facility and
disposed of at a landfill, the fees levied under divisions (A), (B),
and (C) of this section shall be collected by the owner or operator
of the landfill where the unprocessed waste or compost product is
disposed of.

(7)
When solid wastes that consist of scrap tires are processed at a
scrap tire recovery facility, the fees levied under divisions (A),
(B), and (C) of this section shall be levied upon the disposal of the
fly ash and bottom ash or other solid wastes remaining after the
processing of the scrap tires and shall be collected by the owner or
operator of the solid waste disposal facility where the ash or other
solid wastes are disposed of.

(8)
The director of environmental protection may issue an order exempting
from the fees levied under this section solid wastes, including, but
not limited to, scrap tires, that are generated, transferred, or
disposed of as a result of a contract providing for the expenditure
of public funds entered into by the administrator or regional
administrator of the United States environmental protection agency,
the director of environmental protection, or the director of
administrative services on behalf of the director of environmental
protection for the purpose of remediating conditions at a hazardous
waste facility, solid waste facility, or other location at which the
administrator or regional administrator or the director of
environmental protection has reason to believe that there is a
substantial threat to public health or safety or the environment or
that the conditions are causing or contributing to air or water
pollution or soil contamination. An order issued by the director of
environmental protection under division (D)(8) of this section shall
include a determination that the amount of the fees not received by a
solid waste management district as a result of the order will not
adversely impact the implementation and financing of the district's
approved solid waste management plan and any approved amendments to
the plan. Such an order is a final action of the director of
environmental protection.

(E)
The fees levied under divisions (B) and (C) of this section shall be
collected by the owner or operator of the solid waste disposal
facility where the wastes are disposed of as a trustee for the county
or joint district and municipal corporation or township where the
wastes are disposed of. Moneys from the fees levied under division
(B) of this section shall be forwarded to the board of county
commissioners or board of directors of the district in accordance
with rules adopted under division (H) of this section. Moneys from
the fees levied under division (C) of this section shall be forwarded
to the treasurer or such other officer of the municipal corporation
as, by virtue of the charter, has the duties of the treasurer or to
the fiscal officer of the township, as appropriate, in accordance
with those rules.

(F)
Moneys received by the treasurer or other officer of the municipal
corporation under division (E) of this section shall be paid into the
general fund of the municipal corporation. Moneys received by the
fiscal officer of the township under that division shall be paid into
the general fund of the township. The treasurer or other officer of
the municipal corporation or the township fiscal officer, as
appropriate, shall maintain separate records of the moneys received
from the fees levied under division (C) of this section.

(G)
Moneys received by the board of county commissioners or board of
directors under division (E) of this section or section 3734.571,
3734.572, 3734.573, or 3734.574 of the Revised Code shall be paid to
the county treasurer, or other official acting in a similar capacity
under a county charter, in a county district or to the county
treasurer or other official designated by the board of directors in a
joint district and kept in a separate and distinct fund to the credit
of the district. If a regional solid waste management authority has
been formed under section 343.011 of the Revised Code, moneys
received by the board of trustees of that regional authority under
division (E) of this section shall be kept by the board in a separate
and distinct fund to the credit of the district. Moneys in the
special fund of the county or joint district arising from the fees
levied under division (B) of this section and the fee levied under
division (A) of section 3734.573 of the Revised Code shall be
expended by the board of county commissioners or directors of the
district in accordance with the district's solid waste management
plan or amended plan approved under section 3734.521, 3734.55, or
3734.56 of the Revised Code exclusively for the following purposes:

(1)
Preparation of the solid waste management plan of the district under
section 3734.54 of the Revised Code, monitoring implementation of the
plan, and conducting the periodic review and amendment of the plan
required by section 3734.56 of the Revised Code by the solid waste
management policy committee;

(2)
Implementation of the approved solid waste management plan or amended
plan of the district, including, without limitation, the development
and implementation of solid waste recycling or reduction programs;

(3)
Providing financial assistance to boards of health within the
district, if solid waste facilities are located within the district,
for enforcement of this chapter and rules, orders, and terms and
conditions of permits, licenses, and variances adopted or issued
under it, other than the hazardous waste provisions of this chapter
and rules adopted and orders and terms and conditions of permits
issued under those provisions;

(4)
Providing financial assistance to each county within the district to
defray the added costs of maintaining roads and other public
facilities and of providing emergency and other public services
resulting from the location and operation of a solid waste facility
within the county under the district's approved solid waste
management plan or amended plan;

(5)
Pursuant to contracts entered into with boards of health within the
district, if solid waste facilities contained in the district's
approved plan or amended plan are located within the district, for
paying the costs incurred by those boards of health for collecting
and analyzing samples from public or private water wells on lands
adjacent to those facilities;

(6)
Developing and implementing a program for the inspection of solid
wastes generated outside the boundaries of this state that are
disposed of at solid waste facilities included in the district's
approved solid waste management plan or amended plan;

(7)
Providing financial assistance to boards of health within the
district for the enforcement of section 3734.03 of the Revised Code
or to local law enforcement agencies having jurisdiction within the
district for enforcing anti-littering laws and ordinances;

(8)
Providing financial assistance to boards of health of health
districts within the district that are on the approved list under
section 3734.08 of the Revised Code to defray the costs to the health
districts for the participation of their employees responsible for
enforcement of the solid waste provisions of this chapter and rules
adopted and orders and terms and conditions of permits, licenses, and
variances issued under those provisions in the training and
certification program as required by rules adopted under division (L)
of section 3734.02 of the Revised Code;

(9)
Providing financial assistance to individual municipal corporations
and townships within the district to defray their added costs of
maintaining roads and other public facilities and of providing
emergency and other public services resulting from the location and
operation within their boundaries of a composting, energy or resource
recovery, incineration, or recycling facility that either is owned by
the district or is furnishing solid waste management facility or
recycling services to the district pursuant to a contract or
agreement with the board of county commissioners or directors of the
district;

(10)
Payment of any expenses that are agreed to, awarded, or ordered to be
paid under section 3734.35 of the Revised Code and of any
administrative costs incurred pursuant to that section. In the case
of a joint solid waste management district, if the board of county
commissioners of one of the counties in the district is negotiating
on behalf of affected communities, as defined in that section, in
that county, the board shall obtain the approval of the board of
directors of the district in order to expend moneys for
administrative costs incurred.

(11)
Providing financial assistance to individual counties, boards of
health, municipal corporations, and townships for the costs of
mitigating impacts to public health, safety, and welfare of solid
waste disposal or transfer facilities within the applicable political
subdivision.

Prior
to the approval of the district's solid waste management plan under
section 3734.55 of the Revised Code, moneys in the special fund of
the district arising from the fees shall be expended for those
purposes in the manner prescribed by the solid waste management
policy committee by resolution.

(H)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code prescribing procedures for collecting and forwarding the
fees levied under divisions (B) and (C) of this section to the boards
of county commissioners or directors of county or joint solid waste
management districts and to the treasurers or other officers of
municipal corporations and the fiscal officers of townships. The
rules also shall prescribe the dates for forwarding the fees to the
boards and officials

and may prescribe any other requirements the director considers
necessary or appropriate to implement and administer divisions (A),
(B), and (C) of this section
.

Sec.
3734.574.
(A)(1)
A county or joint solid waste management district that is levying
fees under division (B) of section 3734.57 of the Revised Code on
October 29, 1993, pursuant to a resolution adopted under that
division and former Section 25 of Am. Sub. S.B. 359 of the 119th
general assembly, or one that is levying those fees pursuant to such
a resolution and for which the director of environmental protection
disapproves the initial solid waste management plan of the district
under section 3734.55 of the Revised Code on or after October 29,
1993, may continue to levy those fees until the district abolishes
them under division (D) of this section, the director issues an order
under division (F) of this section requiring the district to cease
levying the fees, or the district obtains approval of its own plan
under section 3734.521 or 3734.56 of the Revised Code and collection
of the fees established in the approved plan commences in accordance
with division (B) of section 3734.57 of the Revised Code.

(2)
A county or joint solid waste management district that is levying
fees under division (B) of section 3734.57 of the Revised Code or
division (A) of section 3734.573 of the Revised Code under an initial
or amended solid waste management plan approved under section
3734.521, 3734.55, or 3734.56 of the Revised Code when the director
issues an order under division (D) of section 3734.521 of the Revised
Code or division (A) or (B) of section 3734.56 of the Revised Code
requiring the district to implement an amended plan prepared by the
director, may continue to levy those fees until the district
abolishes them under division (D) of this section, the director
issues an order under division (F) of this section requiring the
district to cease levying the fees, or the district obtains approval
of its own plan or amended plan under section 3734.521 or 3734.56 of
the Revised Code and collection of the fees established in the
approved plan or amended plan commences in accordance with division
(B) of section 3734.57 of the Revised Code.

(B)
The solid waste management policy committee of a county or joint
district described in division (A)(1) of this section may levy a fee
under division (A) of section 3734.573 of the Revised Code by
adopting and obtaining ratification of a resolution establishing the
amount of the fee. The policy committee of such a district that,
after December 1, 1993, concurrently proposes to levy a fee under
division (A) of section 3734.573 of the Revised Code and to amend the
fees that the district is levying under division (B) of section
3734.57 of the Revised Code may adopt and obtain ratification of one
resolution to do both. A county or joint district that is ordered
under division (D) of section 3734.521 of the Revised Code to
implement an initial plan prepared by the director may levy fees
under division (B) of section 3734.57 of the Revised Code or division
(A) of section 3734.573 of the Revised Code by adopting and obtaining
ratification of a resolution specifying which of the fees are to be
levied and their amounts. The requirements and procedures set forth
in division (B) of section 3734.57 of the Revised Code governing the
adoption of resolutions levying fees under that division, the
ratification of those resolutions, and the notification of owners and
operators of solid waste facilities required to collect fees under
those divisions govern the adoption and ratification of resolutions
levying fees under this division and the notification of owners and
operators required to collect the fees levied under this division,
except as otherwise specifically provided in division (C) of this
section. Any such district may levy fees under this division until
the district abolishes the fees under division (D) of this section,
the director issues an order under division (F) of this section
requiring the district to cease levying the fees, or the district
obtains approval of its own plan or amended plan under section
3734.521 or 3734.56 of the Revised Code and collection of the fees
established in the approved plan or amended plan commences in
accordance with division (B) of section 3734.57 of the Revised Code.

(C)
Any resolution adopted under division (B) of this section that
proposes to levy a fee under division (A) of section 3734.573 of the
Revised Code that exceeds five dollars per ton shall be ratified in
accordance with the provisions of division (B) of section 3734.57 of
the Revised Code, except that such a resolution shall be approved by
a combination of municipal corporations and townships with a combined
population within the boundaries of the district comprising at least
seventy-five per cent, rather than at least sixty per cent, of the
total population of the district.

(D)
The policy committee of a county or joint district may amend fees
levied by the district under division (A) or (B) of this section by
adopting and obtaining ratification of a resolution establishing the
proposed amount of the amended fees. The committee may abolish any of
those fees or any amended fees established under this division by
adopting and obtaining ratification of a resolution repealing them. A
district that is proposing at the same time to amend or abolish the
fees levied under divisions (A) and (B) of this section may adopt one
resolution proposing the amendment or repeal of all of the fees. The
requirements and procedures under division (B) and, if applicable,
division (C) of this section govern the adoption and ratification of
a resolution authorized to be adopted under this division and the
notification of owners and operators of solid waste facilities
required to collect the fees. Collection of the fees so amended or
abolished commences or ceases in accordance with division (B) of
section 3734.57 of the Revised Code.

(E)
Not later than thirty days before the beginning of each calendar
quarter, the board of county commissioners or board of directors of a
district that is levying fees under division (A) or (B) of this
section shall submit to the director a proposed budget for the
expenditure of moneys from the special fund of the district created
under division (G) of section 3734.57 of the Revised Code. The
proposed budget shall be submitted on a form prescribed by the
director.

The
director may disapprove in whole or in part such a proposed quarterly
budget for any of the following reasons:

(1)
The proposed budget includes expenditures for any purpose other than
those authorized under division (G) of section 3734.57 of the Revised
Code;

(2)
The director reasonably estimates that there will be insufficient
moneys in the special fund created to meet the proposed expenditures;

(3)
The board failed to submit the proposed budget to the director at
least thirty days prior to the beginning of the calendar quarter to
which it pertains;

(4)
The board failed to submit the latest report of quarterly
expenditures from the fund that it was required to submit under
section 3734.575 of the Revised Code within thirty days after the end
of the calendar quarter to which it pertains;

(5)
The district is materially failing to comply with the implementation
schedule contained in the plan or amended plan of the district
prepared and ordered to be implemented under section 3734.521,
3734.55, or 3734.56 of the Revised Code;

(6)
There have been repeated inconsistencies between the expenditures
projected in the proposed budgets submitted under division (E) of
this section and actual expenditures from the fund.

If
the director does not disapprove a proposed quarterly budget prior to
the first day of the calendar quarter to which it pertains, it is
conclusively presumed that the proposed budget has not been
disapproved.

Nothing
in division (E) of this section precludes the board of county
commissioners or directors of a district from making necessary
expenditures to meet unforeseen circumstances that occur during a
calendar quarter that were not provided for in the proposed budget
for that quarter. Prior to making any such expenditure, the board
shall notify the director of the nature of the unforeseen
circumstances and of the amount of the expenditure needed to meet
them. The board shall include an explanation of the nature of the
unforeseen circumstances and of the necessity and amount of the
expenditures to meet them in the quarterly expenditure report for the
quarter in which the expenditures were made that is submitted to the
director under section 3734.575 of the Revised Code.

(F)
If the director finds that the board of county commissioners or
directors of a district that is levying fees under division (A) or
(B) of this section is in material and continued noncompliance with
the implementation schedule contained in the plan or amended plan of
the district prepared and ordered to be implemented under section
3734.521, 3734.55, or 3734.56 of the Revised Code, or if repeated
whole or partial disapprovals of the proposed quarterly budgets of
the district have occurred under division (E) of this section, the
director may issue an order to the board terminating the collection
of all of the fees levied by the district under division (A) or (B)
of this section.

Notwithstanding
section 119.06 of the Revised Code, the director may issue an order
under this division or disapprove in whole or in part a proposed
budget under division (E) of this section by issuance of a final
action that is effective upon issuance without the necessity to hold
any adjudication hearing in connection with the order or disapproval
and without the issuance of a proposed action under section 3745.07
of the Revised Code.

(G)
The director, in accordance with Chapter 119. of the Revised Code,
may adopt, amend, suspend, and rescind such rules as the director
considers to be necessary or appropriate to implement or administer
this section or division (D) of section 3734.55 of the Revised Code.

(H)
(G)

Moneys received by a district levying fees under division (A) or (B)
of this section shall be credited to the special fund of the district
created in division (G) of section 3734.57 of the Revised Code and
shall be used exclusively for the purposes set forth in division (G)
of that section in the manner prescribed by the solid waste
management policy committee of the district by resolution and for the
purposes of section 3734.551 of the Revised Code.

Sec.
3734.74.
The
director of environmental protection, in accordance with Chapter 119.
of the Revised Code, shall adopt and may amend or rescind rules

governing
the transportation of scrap tires and the registration of persons
engaged in the transportation of scrap tires. The rules shall
that

do
all of the following:

(A)
Require that, before
transporting
scrap tires, a person shall register as a scrap tire transporter with
the director;

(B)
Require that, before
being
issued a registration certificate under section 3734.83 of the
Revised Code, a transporter submit a surety bond, a letter of credit,
or other financial assurance acceptable to the director, as specified
by the director in the rules, in an amount of not more than ten
thousand dollars as the director considers necessary to cover the
costs of cleanup of tires improperly accumulated or discarded by the
transporter and to cover liability for sudden accidental occurrences
that result in damage or injury to persons or property or to the
environment;

(B)
(C)

Establish a system of shipping papers to accompany shipments of scrap
tires. The shipping paper for each shipment shall include at least
all of the following information:

(1)
The name and address of each transporter who transported the shipment
of scrap tires;

(2)
The number of the registration certificate issued under section
3734.83 of the Revised Code for each transporter who transported the
shipment of scrap tires, the signature of the individual transporting
the scrap tires for each transporter, and the date or dates on which
they were transported;

(3)
The quantity in weight or volume of the scrap tires being
transported;

(4)
The address of the scrap tire collection, storage, monocell,
monofill, or recovery facility, or other premises, where the scrap
tires were deposited, or of any other registered transporter with
whom the scrap tires were deposited, and the signature of the
individual accepting receipt of the scrap tires for the facility or
other transporter.

The
rules adopted under division (B) of this section shall require that
the shipping papers be prepared on a form prescribed by the director
and that all shipping papers be retained by a registered transporter
for not less than three years.

(C)
(D)

Require that each registered transporter submit a report to the
director not later than the thirty-first day of January of each year
concerning all shipments of scrap tires transported by the
transporter during the preceding calendar year. The report shall
include at least the following information:

(1)
The total quantity in weight or volume of scrap tires transported by
the registered transporter;

(2)
The total quantity in weight or volume of scrap tires transported to
each collection, storage, monocell, monofill, or recovery facility,
or other premises, or deposited with another registered transporter.

Sec.
3734.902.
(A)
The tax commissioner shall administer sections 3734.90 to 3734.9014
of the Revised Code

and may adopt such rules as he finds necessary for the administration
and enforcement of the fee
.

(B)
The requirements, authorizations, procedures, limitations, and
penalties set forth in Chapter 5703. of the Revised Code, except for
those set forth in sections 5703.50 to 5703.54 of the Revised Code,
apply to the administration, collection, payment, and enforcement of
the fee levied under sections 3734.90 to 3734.9014 of the Revised
Code in the same manner and with the same effect as in the case of
the other laws that the department of taxation is required to
administer and enforce.

(C)
Sections 3734.10, 3734.101, and 3734.13 do not apply to the
enforcement of sections 3734.90 to 3734.9014 of the Revised Code

and rules adopted under division (A) of this section
.

Sec.
3734.904.
(A)
By the twentieth day of each month, each person required to pay the
fee imposed by section 3734.901 of the Revised Code shall file with
the tax commissioner a return as prescribed by the tax commissioner
and shall make payment of the full amount of the fee due for the
preceding month. The return shall be signed by the person required to
file it, or an authorized employee, officer, or agent. The return
shall be deemed filed when received by the tax commissioner.

(B)
Any person required by this section to file a return who fails to
file such a return within the period prescribed may be required to
pay an additional charge of fifty dollars or ten per cent of the fee
required to be paid for the reporting period, whichever is greater.
The commissioner may collect the additional charge by assessment
pursuant to section 3734.907 of the Revised Code. The commissioner
may remit all or a portion of the additional charge

and may adopt rules relating thereto
.

(C)
If any fee due is not paid timely in accordance with this section,
the person liable for the fee shall pay interest, calculated at the
rate per annum as prescribed by section 5703.47 of the Revised Code,
from the date the fee payment was due to the date of payment or to
the date an assessment is issued, whichever occurs first. Interest
shall be paid in the same manner as the fee, and the commissioner may
collect the interest by assessment pursuant to section 3734.907 of
the Revised Code.

(D)
If, in the estimation of the tax commissioner, the average liability
of the person liable for the fee is such as not to merit monthly
filing, the commissioner may authorize the person to file and pay at
less frequent intervals. Returns are due by the twentieth day of the
month following the close of the applicable reporting period
authorized under this division.

(E)
All money collected by the tax commissioner under this section shall
be paid to the treasurer of state as revenue arising from the fee
imposed by section 3734.901 of the Revised Code.

Sec.
3734.99.
(A)
Except as otherwise provided in divisions (B), (C), (D), (E), (F),
(G), and (H) of this section, whoever recklessly violates any section
of this chapter, except section 3734.025, 3734.18, 3734.57, 3734.572,
3734.573, 3734.574, or 3734.60 of the Revised Code, recklessly
violates section 3734.03 of the Revised Code with regard to scrap
tires, or recklessly violates an order issued under division (B) of
section 3734.13 of the Revised Code regarding a violation of the
provisions of this chapter governing scrap tires, is guilty of a
felony and shall be fined at least ten thousand dollars, but not more
than twenty-five thousand dollars, or imprisoned for at least two
years, but not more than four years, or both. Whoever violates
section 3734.025, 3734.18, 3734.57, 3734.572, 3734.573, or 3734.574
of the Revised Code shall be fined not more than ten thousand
dollars. Each day of violation constitutes a separate offense.

(B)
Whoever violates division (G) of section 3734.05 of the Revised Code
with respect to a report required pursuant to a plan approved under
division (A) of section 3734.041 of the Revised Code or violates
division (D) of section 3734.13 of the Revised Code with respect to
an order issued pursuant to division (C) or (D) of section 3734.041
of the Revised Code is guilty of a felony and shall be fined at least
ten thousand dollars, but not more than twenty-five thousand dollars,
or imprisoned for at least two years, but not more than four years,
or both. Each day of violation constitutes a separate offense.

(C)
Except as otherwise provided in division (G) or (H) of this section,
upon a second or subsequent conviction of a violation of any section
of this chapter, except section 3734.025, 3734.18, 3734.57, 3734.572,
3734.573, 3734.574, or 3734.60 or a rule adopted under division (B)
of section 3734.122 of the Revised Code, the offender shall be fined
at least twenty thousand dollars, but not more than fifty thousand
dollars per day of violation, or imprisoned for at least two years,
but not more than four years, or both.

(D)
Whoever knowingly violates a rule adopted under division (B) of
section 3734.122 of the Revised Code shall be fined not more than
twenty-five thousand dollars for each day of violation, or imprisoned
for not more than one year, or both.

(E)
Except as otherwise provided in divisions (F) and (G) of this
section, whoever recklessly violates division (B) of section 3734.029
of the Revised Code or any provision of this chapter governing scrap
tires is guilty of a misdemeanor of the first degree.

(F)
Whoever knowingly violates an order issued under division (A) of
section 3734.13 regarding a violation of the provisions of this
chapter governing scrap tires or division (B) of section 3734.029,
division (B) or (C) of section 3734.75, division (B) or (C) of
section 3734.76, division (B) or (C) of section 3734.77, division (B)
or (C) of section 3734.78, section 3734.81, division (A) of section
3734.83, or a term or condition of a permit or license issued under
section 3734.76, 3734.77, 3734.78, or 3734.81 of the Revised Code is
guilty of a felony and shall be fined at least ten thousand dollars,
but not more than twenty-five thousand dollars, or imprisoned for at
least two years, but not more than four years, or both. Each day of
violation constitutes a separate offense.

(G)
Upon a second or subsequent conviction of a violation of any
provision of this chapter specified in division (E) or (F) of this
section, the offender is guilty of a felony and shall be fined at
least twenty thousand dollars, but not more than fifty thousand
dollars per day of violation, or imprisoned for at least two years,
but not more than four years, or both.

(H)
Whoever knowingly violates any provision of section 3734.904,
3734.906, 3734.907, 3734.908, 3734.9011, 3734.9012, or 3734.9013 of
the Revised Code
,
or any rule adopted by the tax commissioner under section 3734.902 or
3734.904 of the Revised Code,

is guilty of a misdemeanor of the first degree on a first offense; on
each subsequent offense, the person is guilty of a felony of the
fourth degree.

Sec.
3737.07.
(A)
As used in this section:

(1)
"Authority having jurisdiction" means an organization,
office, agency, or individual responsible for enforcing the
requirements under this section.

(2)
"NFPA 101" means the standards for life safety code
published by the national fire protection association, which includes
the NFPA 80 standards for fire doors and other opening protectives.

(3)
"Protective door assembly" or "protective door
assemblies" means any of the following:

(a)
Doors with panic hardware or fire exit hardware;

(b)
Door assemblies in exit enclosures;

(c)
Electricity controlled egress doors;

(d)
Door assemblies with special locking arrangements, such as delayed
egress, sensor release egress doors, and elevator lobby doors.

(4)
"Qualified inspector" means a person, who by possession of
a recognized degree, certificate, professional standing, or skill,
and who, by knowledge, training, and experience, has demonstrated the
ability to deal with the subject matter, the work, or the project.

(5)
"School building" means a structure used for the
instruction of students by a school governing authority.

(6)
"School governing authority" means any of the following:

(a)
The board of education of a school district;

(b)
The governing authority of a chartered nonpublic school;

(c)
The governing authority of a community school established under
Chapter 3314. of the Revised Code;

(d)
The governing body of a STEM school established under Chapter 3328.
of the Revised Code;

(e)
The board of trustees of a college-preparatory boarding school
established under Chapter 3328. of the Revised Code.

(B)
Each school governing authority in this state shall do both of the
following:

(1)
Cause all protective door assemblies in school buildings used by the
school governing authority for instruction of students to be
inspected and tested every twelve months in accordance with division
(C) of this section;

(2)
Verify that such protective door assemblies are in compliance with
the following standards:

(a)
If the protective door assembly was installed in 2015 or after, the
2015 NFPA 101, or other standards required by the board of building
standards;

(b)
If the protective door assembly was installed prior to 2015, the NFPA
101 that was in effect on the date the protective door assembly was
installed or, if the protective door assembly was installed before
the NFPA 101 was published and in effect, the building code standards
in effect at the time of installation.

(C)(1)
A school governing authority shall cause all of the protective door
assemblies in school buildings used for the instruction of students
to be inspected and tested every twelve months by a qualified
inspector to confirm proper operation and full closure.

(2)
If a protective door assembly is not in compliance with the
applicable standards described in division (B)(2) of this section,
then the school governing authority shall take all steps necessary to
make the protective door assembly compliant.

(D)
After the inspection of a protective door assembly in a school
building, the qualified inspector shall provide a report to the
school governing authority indicating any of the following:

(1)
That the protective door assembly is in compliance with the
applicable standards described in division (B)(2) of this section and
no further inspection is required respecting that protective door
assembly for the next twelve months;

(2)
That the protective door assembly is not in compliance with the
applicable standards;

(3)
That the protective door assembly is not in compliance with the
applicable standards and there is a serious risk for fire or life
safety hazard.

(E)
Each school governing authority shall maintain records verifying
annual inspections.

(F)
If one or more protective door assemblies in a school building are
not in compliance with the applicable standards described in division
(B)(2) of this section, as indicated in a report under division
(D)(2), (D)(3), (G)(2), or (G)(3) of this section, then the school
governing authority shall do both of the following:

(1)
Take all steps necessary to make each such protective door assembly
compliant with the applicable standards;

(2)
Cause another inspection of each such protective door assembly
immediately after completing those steps.

(G)
After each inspection of a protective door assembly in the school
building under division (F)(2) of this section has been completed,
the qualified inspector shall provide a report to the school
governing authority indicating any of the following:

(1)
That the protective door assembly is in compliance with the
applicable standards described in division (B)(2) of this section and
no further inspection is required respecting that protective door
assembly for the next twelve months;

(2)
That the protective door assembly is not in compliance with the
applicable standards;

(3)
That the protective door assembly is not in compliance with the
applicable standards and there is a serious risk for fire or life
safety hazard.

(H)(1)
Beginning eighteen months after
the
effective date of this section
October
24, 2024
,
the authority having jurisdiction shall annually cause an inspection
of the records retained by each school governing authority under
division (E) of this section. If a protective door assembly in a
school building is not fully compliant with the applicable standards
within eighteen months after a report issued under division (D)(2) of
this section, or within one hundred eighty days after a report issued
under division (D)(3) of this section, and the school governing
authority is not actively taking steps to achieve compliance, then
the authority having jurisdiction shall issue a citation pursuant to
section 3737.42 of the Revised Code. Each protective door assembly
that is not in compliance with the applicable standards, and which
the respecting school governing authority is not actively taking
steps to achieve compliance with those standards, is a separate
violation and is subject to an additional citation.

(2)
If a citation is issued under division (H)(1) of this section and
section 3737.42 of the Revised Code, the school governing authority
shall post the citation issued concerning the protective door
assembly on a public web site managed by the school governing
authority. The school governing authority may remove the citation
posted under this division once the protective door assembly is made
compliant with the applicable standards and an inspection confirms
such compliance.

(I)
No authority having jurisdiction shall do either of the following:

(1)
Issue a citation pursuant to this section and section 3737.42 of the
Revised Code to a school governing authority that is actively taking
steps to reach compliance with the applicable standards, regardless
of whether full compliance is reached for all protective door
assemblies in the school building;

(2)
Assess a civil penalty or any fine associated with a citation issued
pursuant to this section.

(J)
A qualified inspector that inspects more than one protective door
assembly under division (D) or (G) of this section in the same school
building may combine the results of such inspections into one report,
so long as the report clearly indicates which protective door
assemblies are in compliance with the applicable standards and which
are not.

(K)(1)
The fire marshal shall adopt rules, in accordance with Chapter 119.
of the Revised Code, that
are
necessary to implement the requirements of this section.

(2)
The fire marshal shall work in conjunction with the board of building
standards to implement such requirements.

(3)
The rules shall
require
that protective door assemblies are inspected in accordance with this
section and that the protective door assemblies continue to meet the
compliance standards required at the time of installation.

(2)
The fire marshal shall work in conjunction with the board of building
standards to implement this section.

(L)
(K)

Notwithstanding any provision of this section, a temporary
door-locking device in compliance with the rules adopted by the fire
marshal is not in conflict with this section.

(M)
(L)

Any citation issued pursuant to this section may be appealed under
section 3737.43 of the Revised Code.

Sec.
3737.17.
(A)
As used in this section, a "qualifying small government"
means any of the following:

(1)
A township that has a population of not more than five thousand or,
regardless of its population, is located in a county that has a
population of less than one hundred thousand;

(2)
A municipal corporation that has a population of not more than seven
thousand five hundred;

(3)
A fire district, joint fire district, or fire and ambulance district
that shares territory exclusively with townships or municipal
corporations that meet the conditions of division (A)(1) or (2) of
this section.

(B)
The state fire marshal shall administer a small government fire
department services revolving loan program under which the state fire
marshal makes loans to qualifying small governments for the following
purposes:

(1)
To expedite purchases of major equipment for fire fighting,
ambulance, emergency medical, or rescue services;

(2)
To expedite projects for the construction or renovation of fire
department buildings.

A
loan for either purpose under the small government fire department
services revolving loan program is not to carry interest, and is to
be repaid within a term of not longer than twenty years. A qualifying
small government is not eligible to receive a loan for a project or
purchase under the program unless the qualifying small government
contributes to the project or purchase an amount equal to at least
five per cent of the loan amount.

(C)
A qualifying small government may apply to the state fire marshal for
a loan under the small government fire department services revolving
loan program. In its application, the qualifying small government
shall explain how it qualifies for the loan, describe the project or
purchase for which it is requesting a loan, state the amount of the
loan it requests, and state the amount it is prepared to contribute
to the project or purchase. The qualifying small government shall
provide additional information to support its application for a loan
under the program as requested by the state fire marshal.

(D)
The state fire marshal, in accordance with Chapter 119. of the
Revised Code, shall adopt rules for the administration of the small
government fire department services revolving loan program.

(E)
(D)

There is hereby created in the state treasury the small government
fire department services revolving loan fund, into which shall be
deposited repayments by qualifying small governments of loans
authorized under this section. The fund also shall consist of
appropriated money. Investment earnings on money in the fund shall be
credited to the fund. The state fire marshal shall use the money
credited to the fund to make loans to qualifying small governments as
described in this section. The state fire marshal may loan money from
repaid loans credited to the fund at any time to qualifying small
governments in accordance with this section.

(F)
(E)

If the director of commerce determines that the cash balance in the
small government fire department services revolving loan fund is
insufficient to implement the program established under this section,
the director may certify the amount needed, which cannot exceed the
amount appropriated to the program for the biennium period for which
the certification is made, to the director of budget and management.
Upon certification, the director of budget and management may
transfer from the state fire marshal's fund established in section
3737.71 of the Revised Code to the small government fire department
services revolving loan fund any amount up to, but not exceeding, the
amount certified by the director of commerce.

Sec.
3737.82.
The
fire marshal shall adopt a state fire code which shall consist of
rules relating to all aspects of fire safety. The rules shall be the
minimum standards for safeguarding life and property from fire and
explosion, and the fire marshal may, in adopting these rules,
incorporate by reference existing published standards as well as
amendments thereto subsequently published by the same authority. The
fire code shall
include,
but not be limited to,
contain

rules
relating to the movable contents of any building, or class of
buildings, the transportation, storage, location, and use of
flammable or explosive materials, the procedures to be employed by
persons in the event of fire,
and

the
installation and location of fire protection equipment
,
and other similar matters
.
The fire code may contain rules applicable to particular classes of
existing buildings or structures as the use and occupancy of such
buildings or structures suggest are necessary. The fire marshal may
amend, modify, or repeal any rule of the state fire code.

Sec.
3737.842.
(A)
The state fire marshal shall adopt rules that conform with technical
bulletin 133, state of California bureau of home furnishings and
thermal insulation, establishing flammability testing procedures and
flammability standards for seating furniture used in public
occupancies

and rules he considers necessary for the administration and
enforcement of this section
.
The rules shall not require any manufacturer of seating furniture to
conduct such tests itself, but shall require that any seating
furniture manufactured on or after
the
effective date of this section
April
10, 1993,

for use in public occupancies in this state comply with the
flammability standards, and may require the submission of
authenticated research reports to the state fire marshal verifying
that the seating furniture meets the flammability standards. The
state fire marshal may inspect any testing of seating furniture
conducted under rules adopted under this division as
he
the
fire marshal

considers necessary.

(B)
The manufacturer of any seating furniture sold in this state on or
after
the
effective date of this section
April
10, 1993,

for use in a public occupancy that conforms to the flammability
standards adopted by rule under division (A) of this section shall
attach a permanent label to the article, in plain view, stating the
following:

"Notice

This
article is manufactured for use in public occupancies and meets the
flammability requirements of California bureau of home furnishings
and thermal insulation technical bulletin 133. However, care should
be exercised near open flame and with burning cigarettes."

The
label shall be no less than two inches by three inches and the type
shall be in all capital letters and no smaller than one-eighth inch
in height.

(C)
No person shall sell for use in a public occupancy or use in a public
occupancy any seating furniture manufactured on or after
the
effective date of this section
April
10, 1993,

that does not conform with the flammability standards adopted by rule
under division (A) of this section or the labeling requirement in
division (B) of this section.

(D)
Whenever the state fire marshal, an assistant fire marshal, or a
certified fire safety inspector has reason to believe a violation of
division (C) of this section has occurred or is occurring,
he
the
fire marshal, assistant fire marshal, or certified fire safety
inspector

may seek enforcement of the prohibition contained in that division
through use of the procedures established in sections 3737.41 to
3737.51 of the Revised Code.

Sec.
3737.88.
(A)(1)
The fire marshal shall have responsibility for implementation of the
underground storage tank program and corrective action program for
releases of petroleum from underground storage tanks established by
the "Resource Conservation and Recovery Act of 1976," 90
Stat. 2795, 42 U.S.C.A. 6901, as amended. To implement the programs,
the fire marshal may adopt, amend, and rescind such rules, conduct
such inspections, require annual registration of underground storage
tanks, issue such citations and orders to enforce those rules, enter
into environmental covenants in accordance with sections 5301.80 to
5301.92 of the Revised Code, and perform such other duties, as are
consistent with those programs. The fire marshal, by rule, may
delegate the authority to conduct inspections of underground storage
tanks to certified fire safety inspectors.

(2)
In the place of any rules regarding release containment and release
detection for underground storage tanks adopted under division (A)(1)
of this section, the fire marshal, by rule, shall designate areas as
being sensitive for the protection of human health and the
environment and adopt alternative rules regarding release containment
and release detection methods for new and upgraded underground
storage tank systems located in those areas. In designating such
areas, the fire marshal shall take into consideration such factors as
soil conditions, hydrogeology, water use, and the location of public
and private water supplies. Not later than July 11, 1990, the fire
marshal shall file the rules required under this division with the
secretary of state, director of the legislative service commission,
and joint committee on agency rule review in accordance with
divisions (B) and (C) of section 119.03 of the Revised Code.

(3)
Notwithstanding sections 3737.87 to 3737.89 of the Revised Code, a
person who is not a responsible person, as determined by the fire
marshal pursuant to this chapter, may conduct a voluntary action in
accordance with Chapter 3746. of the Revised Code and rules adopted
under it for either of the following:

(a)
A class C release;

(b)
A release, other than a class C release, that is subject to the rules
adopted by the fire marshal under division (B) of section 3737.882 of
the Revised Code pertaining to a corrective action, provided that
both of the following apply:

(i)
The voluntary action also addresses hazardous substances or petroleum
that is not subject to the rules adopted under division (B) of
section 3737.882 of the Revised Code pertaining to a corrective
action.

(ii)
The fire marshal has not issued an administrative order concerning
the release or referred the release to the attorney general for
enforcement.

The
director of environmental protection, pursuant to section 3746.12 of
the Revised Code, may issue a covenant not to sue to any person who
properly completes a voluntary action with respect to any such
release in accordance with Chapter 3746. of the Revised Code and
rules adopted under it.

(B)
Before adopting any rule under this section or section 3737.881 or
3737.882 of the Revised Code, the fire marshal shall file written
notice of the proposed rule with the chairperson of the state fire
council, and, within sixty days after notice is filed, the council
may file responses to or comments on and may recommend alternative or
supplementary rules to the fire marshal. At the end of the sixty-day
period or upon the filing of responses, comments, or recommendations
by the council, the fire marshal may adopt the rule filed with the
council or any alternative or supplementary rule recommended by the
council.

(C)
The state fire council may recommend courses of action to be taken by
the fire marshal in carrying out the fire marshal's duties under this
section. The council shall file its recommendations in the office of
the fire marshal, and, within sixty days after the recommendations
are filed, the fire marshal shall file with the chairperson of the
council comments on, and proposed action in response to, the
recommendations.

(D)
For the purpose of sections 3737.87 to 3737.89 of the Revised Code,
the fire marshal shall adopt, and may amend and rescind, rules
identifying or listing hazardous substances. The rules shall be
consistent with and equivalent in scope, coverage, and content to
regulations identifying or listing hazardous substances adopted under
the "Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, except that the fire marshal shall not identify or list as a
hazardous substance any hazardous waste identified or listed in rules
adopted under division (A) of section 3734.12 of the Revised Code.

(E)
Except as provided in division (A)(3) of this section, the fire
marshal shall have exclusive jurisdiction to regulate the storage,
treatment, and disposal of petroleum contaminated soil generated from
corrective actions undertaken in response to releases of petroleum
from underground storage tank systems.

The fire marshal may adopt, amend, or rescind such rules as the fire
marshal considers to be necessary or appropriate to regulate the
storage, treatment, or disposal of petroleum contaminated soil so
generated.

(F)
The fire marshal shall adopt, amend, and rescind rules under sections
3737.88 to 3737.882 of the Revised Code in accordance with Chapter
119. of the Revised Code.

Sec.
3737.90.
(A)
There is hereby created the petroleum underground storage tank
release compensation board consisting of the treasurer of state and
the directors of commerce and environmental protection as members ex
officio, or their designees, and nine members to be appointed by the
governor with the advice and consent of the senate. No more than five
of the appointed members shall be affiliated with the same political
party. Of the appointed members, one shall represent the interests of
petroleum refiners, one shall represent the interests of petroleum
marketers, one shall represent the interests of retail petroleum
dealers, one shall represent the interests of local governments, one
shall have experience in casualty and fire or pollution liability
insurance, two shall represent the interests of businesses that own
petroleum underground storage tanks and are not primarily engaged in
the sale of petroleum, and two shall be professional engineers
registered under Chapter 4733. of the Revised Code with experience in
geology or environmental engineering who shall represent the
interests of the public and shall not be associated with the
petroleum industry.

Of
the initial appointments to the board, three shall be for a term
ending July 11, 1990, three shall be for a term ending July 11, 1991,
and three shall be for a term ending July 11, 1992. Thereafter, terms
of office shall be for three years, with each term ending on the same
day of the same month as did the term that it succeeds. Each member
shall hold office from the date of
his
the
member's

appointment until the end of the term for which
he
the
member

was appointed. Members may be reappointed. Vacancies shall be filled
in the manner provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date of
the term for which
his
the
member's

predecessor was appointed shall hold office as a member for the
remainder of that term. A member shall continue in office subsequent
to the expiration date of
his
the
member's

term until
his
the
member's

successor takes office or until a period of sixty days has elapsed,
whichever occurs first. Appointed members of the board shall be
compensated on a per diem basis in accordance with division (J) of
section 124.15 of the Revised Code for each day of actual attendance
at meetings of the board. Members shall receive their actual and
necessary expenses incurred in the performance of their duties as
members of the board.

The
petroleum underground storage tank release compensation board is a
body both corporate and politic in this state, and the carrying out
of its purposes and the exercise by it of the powers conferred by
sections 3737.90 to 3737.98 of the Revised Code shall be held to be,
and are hereby determined to be, essential governmental functions and
public purposes of the state.

Each
appointed member of the board shall give a surety bond to the state
in the penal sum of not less than twenty-five thousand dollars as
determined by the board. The
chairman
chairperson

of the board shall give a bond in the penal sum of not less than
fifty thousand dollars as determined by the board. Each surety bond
shall be conditioned upon the faithful performance of the duties of
the office, be executed by a surety company authorized to transact
business in this state, be approved by the governor, and be filed in
the office of the secretary of state. The surety bonds shall be given
at such time as is established by the board, provided that they shall
be given prior to the issuance of any revenue bonds by the board
under sections 3737.90 to 3737.948 of the Revised Code.

The
board shall meet at least quarterly and shall hold such additional
meetings as are necessary to implement and administer sections
3737.90 to 3737.98 of the Revised Code. Additional meetings may be
called in accordance with rules adopted under this section. The board
shall annually select from among its members a
chairman
chairperson

and a
vice-chairman
vice-chairperson
.

A
majority of the members of the board constitutes a quorum for the
transaction of any business of the board.

(B)
The board may:

(1)
In accordance with Chapter 119. of the Revised Code, adopt, amend,
and rescind rules establishing procedures for calling special
meetings of the board;

(2)
In accordance with Chapter 119. of the Revised Code, adopt, amend,
and rescind
such
other rules as are necessary or appropriate to implement and
administer sections 3737.90 to 3737.98 of the Revised Code,
including, without limitation,
rules
for the administration of the petroleum underground storage tank
linked deposit program established under sections 3737.95 to 3737.98
of the Revised Code; rules establishing priorities for the payment of
claims under section 3737.92 of the Revised Code on the petroleum
underground storage tank financial assurance fund created in section
3737.91 of the Revised Code based upon a consideration of the date
that a claim is originally filed and the threat posed to human health
and the environment by the release to which the claim applies; and
rules providing for the payment of any such claims in installments,
when appropriate. The rules adopted under division (B)(2) of this
section shall be consistent with section 9003 of the "Resource
Conservation and Recovery Act of 1976," 98 Stat. 3279, 42
U.S.C.A. 6991b, as amended, and regulations adopted under it.

(3)
Employ and fix the compensation of the director of the petroleum
underground storage tank financial assurance fund and such other
personnel as are necessary to implement and administer sections
3737.90 to 3737.98 of the Revised Code and rules adopted under them.
The board may designate positions in the unclassified civil service
for which it may employ persons who shall be eligible for membership
in the public employees retirement system under Chapter 145. of the
Revised Code and who shall not be subject to Chapter 4117. of the
Revised Code.

(4)
Enter into contracts or agreements for the purposes of sections
3737.90 to 3737.98 of the Revised Code, including, without
limitation, a contract for administration of the petroleum
underground storage tank financial assurance fund by an agent;

(5)
Sue or be sued in its own name in actions arising out of any act or
omission in connection with its business or affairs under sections
3737.90 to 3737.98 of the Revised Code;

(6)
Issue revenue bonds payable solely from revenues as provided in
sections 3737.94 to 3737.948 of the Revised Code for the purpose of
funding the petroleum underground storage tank financial assurance
fund to preserve jobs and employment opportunities in the state and
to control water pollution and ensure the viability of ground water
in the state by reimbursements to responsible persons for improving
property damaged by releases of petroleum;

(7)
Establish by rule the maximum percentage of the petroleum underground
storage tank financial assurance fund that may be used to make
petroleum underground storage tank linked deposits under sections
3737.95 to 3737.98 of the Revised Code.

(C)
Section 9.86 of the Revised Code applies to the petroleum underground
storage tank release compensation board and to any officer or
employee of the board, as "officer" and "employee"
are defined in section 109.36 of the Revised Code.

(D)
The board, in the conduct of its functions and duties, is not subject
to the regulation of the superintendent of insurance under Title
XXXIX of the Revised Code nor any rules of the department of
insurance adopted thereunder.

Sec.
3738.09.
The
director of health shall adopt rules
that
are necessary
for
the implementation of sections 3738.01 to 3738.08 of the Revised
Code
,
including rules

that do all of the following:

(A)
Establish a procedure for the PAMR board to follow in conducting
pregnancy-associated death reviews;

(B)
Specify the data and other relevant information the board must use
when conducting pregnancy-associated death reviews;

(C)
Establish guidelines for the board to follow to prevent an
unauthorized dissemination of confidential information in violation
of division (B) of section 3738.06 of the Revised Code.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
3739.11.
The
state fire marshal may conduct testing on cigarettes certified by a
manufacturer pursuant to section 3739.07 of the Revised Code to
determine whether the manufacturer complied with the requirements of
this chapter. The state fire marshal shall conduct any such testing
in accordance with division (B) of section 3739.03 of the Revised
Code.

Whenever
the state fire marshal or a designee of the state fire marshal
discovers any cigarettes that do not include a mark as required under
section 3739.06 of the Revised Code, or for which no certification
has been filed in accordance with section 3739.07 of the Revised
Code, the state fire marshal or the state fire marshal's designee may
seize and take possession of such cigarettes and shall give such
cigarettes to the tax commissioner, and such cigarettes thereupon
shall be forfeited to the state. The tax commissioner shall order the
destruction of any cigarettes forfeited pursuant to this section, but
prior to the destruction of any cigarette forfeited pursuant to this
section, the true holder of the trademark rights in the cigarette
brand shall be permitted to inspect the cigarette.

In
addition to any other remedy provided by law, if the state fire
marshal or attorney general determines that reasonable evidence
exists that a violation of this chapter has occurred, the state fire
marshal or attorney general may file an action in the court of common
pleas in the county where the alleged violation occurred. The action
may include a petition for preliminary or permanent injunctive relief
against any manufacturer, importer, wholesale dealer, retail dealer,
agent, or any other person or entity to enjoin such entity from
selling, offering to sell, or affixing tax stamps to any cigarette
that does not comply with the requirements of this chapter, or a
claim to recover any costs or damages suffered by the state because a
violation of this chapter occurred, including enforcement costs
relating to the specific violation and attorney's fees. Each
violation of this chapter
or
the rules adopted pursuant to it
constitutes
a separate civil violation for which the state fire marshal may
obtain relief. Upon obtaining judgment for injunctive relief under
this section, the state fire marshal shall provide a copy of the
judgment to all wholesale dealers and agents to which the cigarette
has been sold.

To
enforce the requirements of this chapter, the state fire marshal may
examine the books, papers, invoices, and other business records of
any person in possession or control of, or occupying any premises
where cigarettes are placed, stored, sold, or offered for sale,
including the stock of cigarettes on the premises, if the state fire
marshal reasonably suspects that a violation of this chapter has
occurred. Every person in the possession or control of, or occupying
any premises where cigarettes are placed, sold, or offered for sale
shall give to the state fire marshal the means, facilities, and
opportunity for the examinations authorized under this section.

The
tax commissioner, in the regular course of conducting inspections of
wholesale dealers, agents, and retail dealers, as authorized under
section 5743.14 of the Revised Code, may inspect any cigarette
packaging to determine if the package is marked as required under
section 3739.06 of the Revised Code. If a package containing
cigarettes is not marked, the tax commissioner shall notify the state
fire marshal of this fact.

Sec.
3739.13.
The
implementation and substance of the New York fire safety standards
for cigarettes shall be persuasive authority in implementing this
chapter.

The state fire marshal and attorney general may adopt rules, pursuant
to Chapter 119. of the Revised Code, as necessary to administer this
chapter. The tax commissioner may adopt rules, pursuant to division
(M) of section 5703.05 of the Revised Code and section 5703.14 of the
Revised Code, as necessary to enforce this chapter.

Sec.
3739.16.
No
person is required to comply with this chapter
or
the rules adopted pursuant to it
if
a federal reduced cigarette ignition propensity standard that
preempts this chapter
or
rules adopted under it
is
adopted and becomes effective.

Sec.
3740.01.
As
used in this chapter:

(A)
"Community-based long-term care provider" means a provider,
as defined in section 173.39 of the Revised Code.

(B)
"Community-based long-term care subcontractor" means a
subcontractor, as defined in section 173.38 of the Revised Code.

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

(D)
"Direct care" means any of the following:

(1)
Any service identified in divisions (G)(1) to (6) of this section
that is provided in a patient's place of residence used as the
patient's home;

(2)
Any activity that requires the person performing the activity to be
routinely alone with a patient or to routinely have access to a
patient's personal property or financial documents regarding a
patient;

(3)
For each home health agency individually, any other routine service
or activity that the chief administrator of the home health agency
designates as direct care.

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

(F)
"Employee" means a person employed by a home health agency
in a full-time, part-time, or temporary position that involves
providing direct care to an individual and a person who works in such
a position due to being referred to a home health agency by an
employment service.

(G)
"Home health agency" means a person or government entity,
other than a nursing home, residential care facility, hospice care
program, pediatric respite care program, pediatric transition care
program, informal respite care provider, provider certified by the
department of developmental disabilities under Chapter 5123. of the
Revised Code, residential facility licensed under section 5119.34 or
5123.19 of the Revised Code, shared living provider, or immediate
family member, that has the primary function of providing any of the
following services to a patient at a place of residence used as the
patient's home:

(1)
Skilled nursing care;

(2)
Physical therapy;

(3)
Occupational therapy;

(4)
Speech-language pathology;

(5)
Medical social services;

(6)
Home health aide services.

(H)
"Home health aide services" means any of the following
services provided by an employee of a home health agency:

(1)
Hands-on bathing or assistance with a tub bath or shower;

(2)
Assistance with dressing, ambulation, and toileting;

(3)
Catheter care but not insertion;

(4)
Meal preparation and feeding.

(I)
"Hospice care program," "pediatric respite care
program," and "pediatric transition care program" have
the same meanings as in section 3712.01 of the Revised Code.

(J)
"Immediate family member" means a parent, stepparent,
grandparent, legal guardian, grandchild, brother, sister,
stepsibling, spouse, son, daughter, stepchild, aunt, uncle,
mother-in-law, father-in-law, brother-in-law, sister-in-law,
son-in-law, and daughter-in-law.

(K)
"Medical social services" means services provided by a
social worker under the direction of a patient's attending physician.

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

(M)
"Nonagency provider" means a person who provides direct
care to an individual on a self-employed basis and does not employ,
directly or through contract, another person to provide the services.
"Nonagency provider" does not include any of the following:

(1)
A caregiver who is an immediate family member of the individual
receiving direct care;

(2)
A person who provides direct care to not more than two individuals
who are not immediate family members of the care provider;

(3)
A volunteer;

(4)
A person who is certified under section 5104.12 of the Revised Code
to provide publicly funded child care as an in-home aide;

(5)
A person who provides privately funded child care;

(6)
A caregiver who is certified by the department of developmental
disabilities under Chapter 5123. of the Revised Code;

(7)
A person who operates a residential facility licensed under section
5119.34 of the Revised Code;

(8)
A person who provides self-directed services, as that term is defined
in 42 U.S.C. 1396n(i)(1)(G)(iii)(II), including a person who is
certified by the department of aging or registered as a self-directed
individual provider through an area agency on aging.

(N)
"Nonmedical home health services" means any of the
following:

(1)
Any service identified in divisions (H)(1) to (4) of this section;

(2)
Personal care services
;

(3)
Any other service the director of health designates as a nonmedical
home health service in rules adopted under section 3740.10 of the
Revised Code
.

(O)
"Nursing home," "residential care facility," and
"skilled nursing care" have the same meanings as in section
3721.01 of the Revised Code.

(P)
"Occupational therapy" has the same meaning as in section
4755.04 of the Revised Code.

(Q)
"Personal care services" means any of the following
provided to an individual in the individual's home or community:

(1)
Hands-on assistance with activities of daily living and instrumental
activities of daily living, when incidental to assistance with
activities of daily living;

(2)
Assistance managing the individual's home and handling personal
affairs;

(3)
Assistance with self-administration of medications;

(4)
Homemaker services when incidental to any of the services identified
in divisions (Q)(1) to (3) of this section or when essential to the
health and welfare of the individual specifically, not the
individual's family;

(5)
Respite services for the individual's caregiver;

(6)
Errands completed outside of the presence of the individual if needed
to maintain the individual's health and safety, including picking up
prescriptions and groceries.

(R)
"Physical therapy" has the same meaning as in section
4755.40 of the Revised Code.

(S)
"Skilled home health services" means any
of
the following:

(1)
Any
service
identified in divisions (G)(1) to (5) of this section
;

(2)
Any other service the director of health designates as a skilled home
health service in rules adopted under section 3740.10 of the Revised
Code
.

(T)
"Social worker" means a person licensed under Chapter 4757.
of the Revised Code to practice as a social worker or independent
social worker.

(U)
"Speech-language pathology" has the same meaning as in
section 4753.01 of the Revised Code.

(V)
"Waiver agency" has the same meaning as in section 5164.342
of the Revised Code.

Sec.
3740.03.
(A)(1)
A home health agency or nonagency provider seeking to provide skilled
home health services shall apply to the department of health for a
skilled home health services license. The application shall include
all of the following:

(a)
Evidence that the agency or provider meets one of the following:

(i)
Is certified for participation in the medicare program;

(ii)
Is accredited by the accreditation commission for health care, the
community health accreditation partner, the joint commission, or
another national accreditation organization approved by the United
States centers for medicare and medicaid services

and recognized by the department pursuant to rules adopted under
section 3740.10 of the Revised Code
;

(iii)
Is certified by the department of aging under section 173.391 of the
Revised Code to provide community-based long-term care services;

(iv)
Otherwise meets medicare conditions of participation, even though not
certified for participation in the medicare program.

(b)
Evidence that the applicant was providing direct care on or
immediately prior to
the
effective date of this section
September
30, 2021
,
or if the applicant was not providing direct care immediately prior
to
the
effective date of this section
September
30, 2021
,
a surety bond issued by a company licensed to do business in this
state in the amount of fifty thousand dollars.

(c)
An application fee in the amount of two hundred fifty dollars.

(2)
An applicant applying on the basis of division (A)(1)(a)(iv) of this
section shall provide documentation and comply with conditions as
prescribed by rules adopted under section 3740.10 of the Revised
Code.

(B)(1)
Except as provided in division (B)(2) of this section, a home health
agency or nonagency provider seeking to provide nonmedical home
health services shall apply to the department of health for a
nonmedical home health services license. Except as provided in
division (B)(3) of this section, the application shall include all of
the following:

(a)
Fingerprint impressions of the primary owner of the home health
agency or of the nonagency provider;

(b)
Copies of any documents filed and recorded with the secretary of
state;

(c)
A notarized affidavit verifying the identity of the applicant;

(d)
If the applicant is a home health agency, a copy of the agency's
criminal records check policy;

(e)
A statement identifying the days and hours of operation for the
applicant;

(f)
A description of the nonmedical home health services to be provided,
and any policies and procedures related to those services, if
applicable;

(g)
Identification of the applicant's primary place of business and a
description of the geographic area to be served;

(h)
Evidence that the applicant was providing direct care on or
immediately prior to
the
effective date of this section
September
30, 2021
,
or if the applicant was not providing direct care immediately prior
to
the
effective date of this section
September
30, 2021
,
a surety bond issued by a company licensed to do business in this
state in the amount of twenty thousand dollars;

(i)
An application fee in the amount of two hundred fifty dollars.

(2)
A home health agency or nonagency provider that holds a skilled home
health services license issued under division (A) of this section may
provide nonmedical home health services without obtaining a
nonmedical home health services license.

(3)
The director of health shall waive receipt of the items identified in
divisions (B)(1)(a) to (g) of this section if the agency or provider
submits evidence that the agency or provider is certified by the
department of aging under section 173.391 of the Revised Code to
provide community-based long-term care services.

(C)
An applicant under this section shall use the application form
prescribed by rules adopted under section 3740.10 of the Revised Code
and comply with license procedures established by those rules.

Sec.
3740.10.
(A)
The director of health shall adopt rules
as
the director considers necessary to implement this chapter, including
rules
that
do all of the following:

(1)
Prescribe license application forms and procedures;

(2)
Specify the documentation that must be provided and conditions that
must be met by an applicant seeking a license on the basis of
division (A)(1)(a)(iv) of section 3740.03 of the Revised Code;

(3)
Prescribe license renewal application forms and procedures;

(4)
Establish the reasons for which the department of health may take
action under section 3740.07 of the Revised Code;

(5)
Processes for dispute resolution and appeals related to licensing
disputes.

(B)
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code. In addition, the rules shall
be adopted in consultation with the director of aging and medicaid
director.

Sec.
3740.11.
(A)
As used in this section, "applicant" means a person who is
under final consideration for employment with a home health agency in
a full-time, part-time, or temporary position that involves providing
direct care to an individual or is referred to a home health agency
by an employment service for such a position.

(B)
No home health agency shall employ an applicant or continue to employ
an employee in a position that involves providing direct care to an
individual if any of the following apply:

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

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

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

(c)
That the applicant or employee is included in one or more of the
databases, if any, specified in rules adopted under this section and
the rules prohibit the home health agency from employing an applicant
or continuing to employ an employee included in such a database in a
position that involves providing direct care to an individual.

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

(3)
Except as provided in rules adopted under this section, the applicant
or employee is found by a criminal records check required by this
section to have been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for a disqualifying
offense.

(C)
Except as provided by division (F) of this section, the chief
administrator of a home health agency shall inform each applicant of
both of the following at the time of the applicant's initial
application for employment or referral to the home health agency by
an employment service for a position that involves providing direct
care to an individual:

(1)
That a review of the databases listed in division (D) of this section
will be conducted to determine whether the home health agency is
prohibited by division (B)(1) of this section from employing the
applicant in the position;

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

(D)
As a condition of employing any applicant in a position that involves
providing direct care to an individual, the chief administrator of a
home health agency shall conduct a database review of the applicant
in accordance with rules adopted under this section. If rules adopted
under this section so require, the chief administrator of a home
health agency shall conduct a database review of an employee in
accordance with the rules as a condition of continuing to employ the
employee in a position that involves providing direct care to an
individual. However, the chief administrator is not required to
conduct a database review of an applicant or employee if division (F)
of this section applies. A database review shall determine whether
the applicant or employee is included in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

(4)
The internet-based sex offender and child-victim offender database
established under division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code;

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

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

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

(E)(1)
As a condition of employing any applicant in a position that involves
providing direct care to an individual, the chief administrator of a
home health agency shall request the superintendent of the bureau of
criminal identification and investigation to conduct a criminal
records check of the applicant. If rules adopted under this section
so require, the chief administrator of a home health agency shall
request the superintendent to conduct a criminal records check of an
employee at times specified in the rules as a condition of continuing
to employ the employee in a position that involves providing direct
care to an individual. However, the chief administrator is not
required to request the criminal records check of the applicant or
the employee if division (F) of this section applies or the home
health agency is prohibited by division (B)(1) of this section from
employing the applicant or continuing to employ the employee in a
position that involves providing direct care to an individual. If an
applicant or employee for whom a criminal records check request is
required by this section does not present proof of having been a
resident of this state for the five-year period immediately prior to
the date upon which the criminal records check is requested or does
not provide evidence that within that five-year period the
superintendent has requested information about the applicant from the
federal bureau of investigation in a criminal records check, the
chief administrator shall request that the superintendent obtain
information from the federal bureau of investigation as a part of the
criminal records check. Even if an applicant or employee for whom a
criminal records check request is required by this section presents
proof that the applicant or employee has been a resident of this
state for that five-year period, the chief administrator may request
that the superintendent include information from the federal bureau
of investigation in the criminal records check.

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

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

(b)
Obtain the completed form and standard impression sheet from each
applicant and employee;

(c)
Forward the completed form and standard impression sheet to the
superintendent at the time the chief administrator requests the
criminal records check.

(3)
A home health agency shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check the agency requests under this section. A home
health agency may charge an applicant a fee not exceeding the amount
the agency pays to the bureau under this section if both of the
following apply:

(a)
The home health agency notifies the applicant at the time of initial
application for employment of the amount of the fee and that, unless
the fee is paid, the applicant will not be considered for employment.

(b)
The medicaid program does not reimburse the home health agency for
the fee it pays to the bureau under this section.

(F)
Divisions (C) to (E) of this section do not apply with regard to an
applicant or employee if the applicant or employee is referred to a
home health agency by an employment service that supplies full-time,
part-time, or temporary staff for positions that involve providing
direct care to an individual and both of the following apply:

(1)
The chief administrator of the home health agency receives from the
employment service confirmation that a review of the databases listed
in division (D) of this section was conducted with regard to the
applicant or employee.

(2)
The chief administrator of the home health agency receives from the
employment service, applicant, or employee a report of the results of
a criminal records check of the applicant or employee that has been
conducted by the superintendent within the one-year period
immediately preceding the following:

(a)
In the case of an applicant, the date of the applicant's referral by
the employment service to the home health agency;

(b)
In the case of an employee, the date by which the home health agency
would otherwise have to request a criminal records check of the
employee under division (E) of this section.

(G)(1)
A home health agency may employ conditionally an applicant for whom a
criminal records check request is required by this section before
obtaining the results of the criminal records check if the agency is
not prohibited by division (B) of this section from employing the
applicant in a position that involves providing direct care to an
individual and either of the following applies:

(a)
The chief administrator of the home health agency requests the
criminal records check in accordance with division (E) of this
section not later than five business days after the applicant begins
conditional employment.

(b)
The applicant is referred to the home health agency by an employment
service, the employment service or the applicant provides the chief
administrator of the agency a letter that is on the letterhead of the
employment service, the letter is dated and signed by a supervisor or
another designated official of the employment service, and the letter
states all of the following:

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

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

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

(iv)
That the employment service promptly will send a copy of the results
of the criminal records check to the chief administrator of the home
health agency when the employment service receives the results.

(2)
If a home health agency employs an applicant conditionally pursuant
to division (G)(1)(b) of this section, the employment service, on its
receipt of the results of the criminal records check, promptly shall
send a copy of the results to the chief administrator of the agency.

(3)
A home health agency that employs an applicant conditionally pursuant
to division (G)(1)(a) or (b) of this section shall terminate the
applicant's employment if the results of the criminal records check,
other than the results of any request for information from the
federal bureau of investigation, are not obtained within the period
ending sixty days after the date the request for the criminal records
check is made. Regardless of when the results of the criminal records
check are obtained, if the results indicate that the applicant has
been convicted of, pleaded guilty to, or been found eligible for
intervention in lieu of conviction for a disqualifying offense, the
home health agency shall terminate the applicant's employment unless
circumstances specified in rules adopted under this section that
permit the agency to employ the applicant exist and the agency
chooses to employ the applicant. Termination of employment under this
division shall be considered just cause for discharge for purposes of
division (D)(2) of section 4141.29 of the Revised Code if the
applicant makes any attempt to deceive the home health agency about
the applicant's criminal record.

(H)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request made under this
section is not a public record for the purposes of section 149.43 of
the Revised Code and shall not be made available to any person other
than the following:

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

(2)
The home health agency requesting the criminal records check or its
representative;

(3)
The administrator of any other facility, agency, or program that
provides direct care to individuals that is owned or operated by the
same entity that owns or operates the home health agency that
requested the criminal records check;

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

(5)
The director of health and the staff of the department of health who
monitor a home health agency's compliance with this section;

(6)
The director of aging or the director's designee if either of the
following apply:

(a)
In the case of a criminal records check requested by a home health
agency, the home health agency also is a community-based long-term
care provider or community-based long-term care subcontractor;

(b)
In the case of a criminal records check requested by an employment
service, the employment service makes the request for an applicant or
employee the employment service refers to a home health agency that
also is a community-based long-term care provider or community-based
long-term care subcontractor.

(7)
The medicaid director and the staff of the department of medicaid who
are involved in the administration of the medicaid program if either
of the following apply:

(a)
In the case of a criminal records check requested by a home health
agency, the home health agency also is a waiver agency;

(b)
In the case of a criminal records check requested by an employment
service, the employment service makes the request for an applicant or
employee the employment service refers to a home health agency that
also is a waiver agency.

(8)
Any court, hearing officer, or other necessary individual involved in
a case dealing with any of the following:

(a)
A denial of employment of the applicant or employee;

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

(c)
A civil or criminal action regarding the medicaid program.

(I)
In a tort or other civil action for damages that is brought as the
result of an injury, death, or loss to person or property caused by
an applicant or employee who a home health agency employs in a
position that involves providing direct care to an individual, all of
the following shall apply:

(1)
If the home health agency employed the applicant or employee in good
faith and reasonable reliance on the report of a criminal records
check requested under this section, the agency shall not be found
negligent solely because of its reliance on the report, even if the
information in the report is determined later to have been incomplete
or inaccurate.

(2)
If the home health agency employed the applicant in good faith on a
conditional basis pursuant to division (G) of this section, the
agency shall not be found negligent solely because it employed the
applicant prior to receiving the report of a criminal records check
requested under this section.

(3)
If the home health agency in good faith employed the applicant or
employee according to the personal character standards established in
rules adopted under this section, the agency shall not be found
negligent solely because the applicant or employee had been convicted
of, pleaded guilty to, or been found eligible for intervention in
lieu of conviction for a disqualifying offense.

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

(1)
The rules may do the following:

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

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

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

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

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

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

(c)
If the rules specify other databases to be checked as part of the
database reviews, the circumstances under which a home health agency
is prohibited from employing an applicant or continuing to employ an
employee who is found by a database review to be included in one or
more of those databases;

(d)
Circumstances under which a home health agency may employ an
applicant or employee who is found by a criminal records check
required by this section to have been convicted of, pleaded guilty
to, or been found eligible for intervention in lieu of conviction for
a disqualifying offense but meets personal character standards.

Sec.
3742.03.
The
director of health shall adopt rules in accordance with Chapter 119.
of the Revised Code
for
the administration and enforcement of sections 3742.01 to 3742.19 and
3742.99 of the Revised Code. The rules shall
that

specify
all of the following:

(A)
Procedures to be followed by a lead abatement contractor, lead
abatement project designer, lead abatement worker, lead inspector, or
lead risk assessor licensed under section 3742.05 of the Revised Code
for undertaking lead abatement activities and procedures to be
followed by a clearance technician, lead inspector, or lead risk
assessor in performing a clearance examination;

(B)(1)
Requirements for training and licensure, in addition to those
established under section 3742.08 of the Revised Code, to include
levels of training and periodic refresher training for each class of
worker, and to be used for licensure under section 3742.05 of the
Revised Code. Except in the case of clearance technicians, these
requirements shall include at least twenty-four classroom hours of
training based on the Occupational Safety and Health Act training
program for lead set forth in 29 C.F.R. 1926.62. For clearance
technicians, the training requirements to obtain an initial license
shall not exceed six hours and the requirements for refresher
training shall not exceed two hours every four years. In establishing
the training and licensure requirements, the director shall consider
the core of information that is needed by all licensed persons, and
establish the training requirements so that persons who would seek
licenses in more than one area would not have to take duplicative
course work.

(2)
Persons certified by the American board of industrial hygiene as a
certified industrial hygienist or as an industrial
hygienist-in-training, and persons registered as an environmental
health specialist or environmental health specialist in training
under Chapter 3776. of the Revised Code, shall be exempt from any
training requirements for initial licensure established under this
chapter, but shall be required to take any examinations for licensure
required under section 3742.05 of the Revised Code.

(C)
Fees for licenses issued under section 3742.05 of the Revised Code
and for their renewal;

(D)
Procedures to be followed by lead inspectors, lead abatement
contractors, environmental lead analytical laboratories, lead risk
assessors, lead abatement project designers, and lead abatement
workers to prevent public exposure to lead hazards and ensure worker
protection during lead abatement projects;

(E)(1)
Record-keeping and reporting requirements for clinical laboratories,
environmental lead analytical laboratories, lead inspectors, lead
abatement contractors, lead risk assessors, lead abatement project
designers, and lead abatement workers for lead abatement projects and
record-keeping and reporting requirements for clinical laboratories,
environmental lead analytical laboratories, and clearance technicians
for clearance examinations;

(2)
Record-keeping and reporting requirements regarding lead poisoning to
be followed by physicians, certified nurse-midwives if authorized as
described in section 4723.438 of the Revised Code, clinical nurse
specialists, and certified nurse practitioners;

(3)
Information that is required to be reported under rules based on
divisions (E)(1) and (2) of this section and that is a medical record
is not a public record under section 149.43 of the Revised Code and
shall not be released, except in aggregate statistical form.

(F)
Environmental sampling techniques for use in collecting samples of
air, water, dust, paint, and other materials;

(G)
Requirements for a respiratory protection plan prepared in accordance
with section 3742.07 of the Revised Code;

(H)
Requirements under which a manufacturer of encapsulants must
demonstrate evidence of the safety and durability of its encapsulants
by providing results of testing from an independent laboratory
indicating that the encapsulants meet the standards developed by the
"E06.23.30 task group on encapsulants," which is the task
group of the lead hazards associated with buildings subcommittee of
the performance of buildings committee of the American society for
testing and materials.

Sec.
3742.08.
(A)(1)
The director of health shall conduct, specify requirements by rule,
or approve training programs for licensure of lead inspectors, lead
abatement contractors, lead risk assessors, lead abatement project
designers, lead abatement workers, and clearance technicians. In
accordance with Chapter 119. of the Revised Code, the director shall
adopt rules establishing
all

both

of
the following:

(a)
A system for accreditation of training programs and the requirements
for accreditation, including curriculum requirements, hour
requirements, hands-on training requirements, trainee competency and
proficiency requirements, and requirements for quality control;

(b)
Fees for application for approval of a training program and for
participating in any program conducted by the director
;

(c)
Any other requirements pertinent to the operation of a training
program
.

(2)
Each applicant for approval of a training program shall submit a
completed application to the director on a form the director shall
prescribe and provide. The director shall issue evidence of approval
to each applicant who meets the requirements of division (A)(1) of
this section and the criteria for approval established by rule
adopted under this section and pays the fee.

(B)
The director shall administer examinations for licensure under this
chapter by conducting examinations, contracting pursuant to section
3701.044 of the Revised Code for another entity to conduct the
examinations, or approving examinations. In accordance with Chapter
119. of the Revised Code, the director shall adopt rules specifying
requirements for the administration of licensing examinations. The
rules shall include requirements regarding the qualifications of
examination administrators, fees to cover the cost of conducting the
examinations, and any other requirements pertinent to the
examinations.

If
the director implements a system of approving examinations, the rules
shall include procedures and criteria for approval and fees for the
approval. Each applicant for approval shall submit a completed
application to the director on a form the director shall prescribe
and provide. The director shall issue evidence of approval to each
applicant who meets the criteria for approval established in rules
adopted under this division.

Sec.
3742.09.
(A)
Any person desiring approval from the director of health for an
environmental lead analytical laboratory or a clinical laboratory to
perform lead testing shall submit an application for approval to the
director on forms that
he
the
director

shall prescribe and provide.

(B)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code to establish
all

both

of
the following:

(1)
Procedures and criteria for approval of clinical laboratories and
environmental lead analytical
laboratoraties
laboratories
,
including lead testing requirements and the qualification of
laboratory owners and personnel;

(2)
Fees for application for approval of laboratories
;

(3)
Any other requirements pertinent to the operation of a clinical
laboratory or an environmental lead analytical laboratory
.

(C)
The director shall issue the appropriate approval to any applicant
who meets the requirements of division (A) of this section and rules
adopted under division (B) of this section, pays the application fee,
and demonstrates compliance with the record-keeping and reporting
requirements established by rule adopted under section 3742.03 of the
Revised Code.

(D)
Each clinical laboratory approved under this section shall report to
the director the presence, at levels established by rule adopted
under section 3742.03 of the Revised Code, of lead, cadmium, mercury,
or arsenic in a blood or urine specimen. The report shall be made on
a form prescribed by the director.

Sec.
3742.50.
(A)
As used in this section:

(1)
"Lead abatement costs" means costs incurred by a taxpayer
for either of the following:

(a)
A lead abatement specialist to conduct a lead risk assessment, a lead
abatement project, or a clearance examination, provided the
specialist is authorized under this chapter to conduct the respective
task;

(b)
Relocation costs incurred in the relocation of occupants of an
eligible dwelling to achieve occupant protection, as described in 24
C.F.R. 35.1345(a).

"Lead
abatement costs" do not include such costs for which the
taxpayer is reimbursed or such costs the taxpayer deducts or excludes
in computing the taxpayer's federal adjusted gross income for federal
income tax purposes or Ohio adjusted gross income as determined under
section 5747.01 of the Revised Code.

(2)
"Eligible dwelling" means a residential unit constructed in
this state before 1978.

(3)
"Lead abatement specialist" means an individual who holds a
valid license issued under section 3742.05 of the Revised Code.

(4)
"Taxable year" and "taxpayer" have the same
meanings as in section 5747.01 of the Revised Code.

(B)
A taxpayer who incurs lead abatement costs on an eligible dwelling
during a taxable year may apply to the director of health for a lead
abatement tax credit certificate. The applicant shall list on the
application the amount of lead abatement costs the applicant incurred
for the eligible dwelling during the taxable year. The director, in
consultation with the tax commissioner, shall prescribe the form of a
lead abatement tax credit certificate, the manner by which an
applicant shall apply for the certificate, and requirements for the
submission of any record or other information an applicant must
furnish with the application to verify the lead abatement costs.

(C)(1)
Upon receipt of an application under division (B) of this section,
the director of health shall verify all of the following:

(a)
The residential unit that is the subject of the application is an
eligible dwelling.

(b)
The taxpayer incurred lead abatement costs during the taxable year
related to the eligible dwelling.

(c)
The eligible dwelling has passed a clearance examination in
accordance with standards prescribed in rules adopted by the director
under section 3742.03 or 3742.45 of the Revised Code.

(2)
After verifying the conditions described in division (C)(1) of this
section, the director shall issue a lead abatement tax credit
certificate to the applicant equal to the lesser of (a) the lead
abatement costs incurred by the taxpayer on the eligible dwelling
during the taxable year, (b) the amount of lead abatement costs
listed on the application, or (c) forty thousand dollars, subject to
the limitation in division (C)(3) of this section.

(3)
The director may not issue more than three million dollars in lead
abatement tax credit certificates in any fiscal year.

(D)
The director of health, in consultation with the tax commissioner,
may adopt rules in accordance with Chapter 119. of the Revised Code
as necessary for the administration of this section.

Sec.
3743.08.
(A)
The state fire marshal may inspect the premises of a fireworks plant,
and the inventory, wholesale sale, and retail sale records, of a
licensed manufacturer of fireworks during the manufacturer's period
of licensure to determine whether the manufacturer is in compliance
with Chapter 3743. of the Revised Code and the rules adopted by the
state fire marshal pursuant to section 3743.05
or
3743.22
of
the Revised Code.

(B)
If the state fire marshal determines during an inspection conducted
pursuant to division (A) of this section that a manufacturer is not
in compliance with Chapter 3743. of the Revised Code or the rules
adopted by the state fire marshal pursuant to section 3743.05
or
3743.22
of
the Revised Code, the state fire marshal may take one or more of the
following actions, whichever the state fire marshal considers
appropriate under the circumstances:

(1)
Order, in writing, the manufacturer to eliminate, correct, or
otherwise remedy the nonconformities within a specified period of
time;

(2)
Order, in writing, the manufacturer to immediately cease its
operations, if a fire or explosion hazard exists that reasonably can
be regarded as posing an imminent danger of death or serious physical
harm to persons. The order shall be effective until the
nonconformities are eliminated, corrected, or otherwise remedied or
for a period of seventy-two hours from the time of issuance,
whichever first occurs. During the seventy-two hour period, the state
fire marshal may obtain from the court of common pleas of Franklin
county or of the county in which the fireworks plant is located an
injunction restraining the manufacturer from continuing its
operations after the seventy-two hour period expires until the
nonconformities are eliminated, corrected, or otherwise remedied.

(3)
Suspend, revoke, or deny renewal of the license of the manufacturer
in accordance with Chapter 119. of the Revised Code;

(4)
Take action as authorized by section 3743.68 of the Revised Code.

(C)
This section does not affect the authority conferred by Chapters
3781. and 3791. of the Revised Code to conduct inspections to
determine conformity with those chapters or the rules adopted
pursuant to them.

(D)
If the license of a manufacturer of fireworks is suspended or revoked
or if renewal is denied pursuant to division (B)(3) of this section
or section 3743.70 of the Revised Code, the manufacturer shall cease
its operations immediately. The manufacturer may not reapply for
licensure as a manufacturer of fireworks until two years expire from
the date of revocation.

The
state fire marshal shall remove from the list of licensed
manufacturers the name of a manufacturer whose license has been
revoked, and shall notify the law enforcement authorities for the
political subdivision in which the manufacturer's fireworks plant is
located, of the suspension, revocation, or denial of renewal.

Sec.
3743.21.
(A)
The state fire marshal may inspect the premises, and the inventory,
wholesale sale, and retail sale records, of a licensed wholesaler of
fireworks during the wholesaler's period of licensure to determine
whether the wholesaler is in compliance with Chapter 3743. of the
Revised Code and the rules adopted by the state fire marshal pursuant
to section 3743.18
or
3743.22
of
the Revised Code.

(B)
If the state fire marshal determines during an inspection conducted
pursuant to division (A) of this section that a wholesaler is not in
compliance with Chapter 3743. of the Revised Code or the rules
adopted by the state fire marshal pursuant to section 3743.18
or
3743.22
of
the Revised Code, the state fire marshal may take one or more of the
following actions, whichever the state fire marshal considers
appropriate under the circumstances:

(1)
Order, in writing, the wholesaler to eliminate, correct, or otherwise
remedy the nonconformities within a specified period of time;

(2)
Order, in writing, the wholesaler to immediately cease its
operations, if a fire or explosion hazard exists that reasonably can
be regarded as posing an imminent danger of death or serious physical
harm to persons. The order shall be effective until the
nonconformities are eliminated, corrected, or otherwise remedied or
for a period of seventy-two hours from the time of issuance,
whichever first occurs. During the seventy-two hour period, the state
fire marshal may obtain from the court of common pleas of Franklin
county or of the county in which the premises of the wholesaler are
located an injunction restraining the wholesaler from continuing its
operations after the seventy-two hour period expires until the
nonconformities are eliminated, corrected, or otherwise remedied.

(3)
Suspend, revoke, or deny renewal of, the license of the wholesaler in
accordance with Chapter 119. of the Revised Code;

(4)
Take action as authorized by section 3743.68 of the Revised Code.

(C)
This section does not affect the authority conferred by Chapters
3781. and 3791. of the Revised Code to conduct inspections to
determine conformity with those chapters or the rules adopted
pursuant to them.

(D)
If the license of a wholesaler of fireworks is suspended or revoked
or if renewal is denied pursuant to division (B)(3) of this section
or section 3743.70 of the Revised Code, the wholesaler shall cease
its operations immediately. The wholesaler may not reapply for
licensure as a wholesaler of fireworks until two years expire from
the date of revocation.

The
state fire marshal shall remove from the list of licensed wholesalers
the name of a wholesaler whose license has been revoked, and shall
notify the law enforcement authorities for the political subdivision
in which the wholesaler's premises are located, of the suspension,
revocation, or denial of renewal.

Sec.
3743.22.
(A)
As used in this section:

(1)
"Fee period" means the period beginning on the first day of
October and ending on the thirtieth day of the following September.

(2)
"Gross receipts" excludes the amount of taxes a licensed
retailer, licensed manufacturer, or licensed wholesaler collects from
a consumer under Chapter 5739. of the Revised Code on behalf of the
state or a political subdivision.

(B)
For the purpose of providing revenue to fund firefighter training
programs and the enforcement and regulation of the fireworks
industry, a fee is imposed on licensed retailers, licensed
manufacturers, and licensed wholesalers selling 1.4G fireworks in
this state. The fee shall equal four per cent of the gross receipts
of a licensed manufacturer or licensed wholesaler from retail sales
of 1.4G fireworks in this state made one hundred or more days after

the effective date of this section

February 7, 2022
.
For the purpose of this section, a retail sale of 1.4G fireworks is
made in this state only if the purchaser intends to use the
fireworks, and not resell them, and receives the 1.4G fireworks at a
location in this state.

The
fee shall be reported, on a form prescribed by the state fire
marshal, and remitted to the state fire marshal on or before the
twenty-third day after the last day of each fee period. The amount of
the fee due shall be computed on the basis of gross receipts from
retail sales made in each fee period. A licensed retailer, licensed
manufacturer, or licensed wholesaler whose license is issued,
canceled or revoked, or not renewed after expiration during a fee
period shall report and remit the fee based on sales of 1.4G
fireworks made in that fee period as required under this section. A
licensed retailer, licensed manufacturer, or licensed wholesaler may
separately or proportionately bill or invoice a fee imposed under
this section to another person.

(C)
All money collected under this section shall be credited to the
fireworks fee receipts fund, which is hereby created in the state
treasury. Seven-eighths of the money in the fund shall be used by the
state fire marshal solely to fund firefighter training programs.
Remaining money in the fund shall be used solely to pay expenses of
the state fire marshal in performing the duties prescribed by this
chapter.

(D)
If the state fire marshal determines that a licensed retailer,
licensed manufacturer, or licensed wholesaler fails to timely report
and remit the full amount of the fee as required by this section, the
state fire marshal may do either of the following:

(1)
Order, in writing, the retailer, wholesaler, or manufacturer to
report and remit to the state fire marshal, within a specified period
of time, any such underpayment;

(2)
Revoke or deny renewal of the license of the retailer, manufacturer,
or wholesaler, which shall subject a manufacturer or wholesaler to
the consequences prescribed in division (D) of section 3743.08 of the
Revised Code or division (D) of section 3743.21 of the Revised Code.

(E)
The state fire marshal may adopt rules in accordance with Chapter
119. of the Revised Code as necessary to administer and enforce the
fee imposed under this section.

Sec.
3743.25.
(A)(1)
Except as described in division (A)(2) of this section and in section
3743.48 of the Revised Code, all retail sales of 1.4G fireworks by a
licensed manufacturer or wholesaler shall only occur from an approved
retail sales showroom on a licensed premises or from a representative
sample showroom as described in this section on a licensed premises.
For the purposes of this section, a retail sale includes the transfer
of the possession of the 1.4G fireworks from the licensed
manufacturer or wholesaler to the purchaser of the fireworks.

(2)
Sales of 1.4G fireworks to a licensed exhibitor for a properly
permitted exhibition shall occur in accordance with the provisions of
the Revised Code and rules adopted by the state fire marshal under
Chapter 119. of the Revised Code. Such rules shall specify, at a
minimum, that the licensed exhibitor holds a license under section
3743.51 of the Revised Code, that the exhibitor possesses a valid
exhibition permit issued in accordance with section 3743.54 of the
Revised Code, and that the fireworks shipped are to be used at the
specifically permitted exhibition.

(B)
All wholesale sales of fireworks by a licensed manufacturer or
wholesaler shall only occur from a licensed premises to persons who
intend to resell the fireworks purchased at wholesale. A wholesale
sale by a licensed manufacturer or wholesaler may occur as follows:

(1)
The direct sale and shipment of fireworks to a person outside of this
state;

(2)
From an approved retail sales showroom as described in this section;

(3)
From a representative sample showroom as described in this section;

(4)
By delivery of wholesale fireworks to a purchaser at a licensed
premises outside of a structure or building on that premises. All
other portions of the wholesale sales transaction may occur at any
location on a licensed premises.

(5)
Any other method as described in rules adopted by the state fire
marshal under Chapter 119. of the Revised Code.

(C)
Except as otherwise provided in section 3743.48 of the Revised Code,
a licensed manufacturer or wholesaler shall only sell 1.4G fireworks
from a representative sample showroom or a retail sales showroom.
Each licensed premises shall only contain one sales structure.

A
representative sample showroom shall consist of a structure
constructed and maintained in accordance with the nonresidential
building code adopted under Chapter 3781. of the Revised Code and the
fire code adopted under section 3737.82 of the Revised Code for a use
and occupancy group that permits mercantile sales. A representative
sample showroom shall not contain any pyrotechnics, pyrotechnic
materials, fireworks, explosives, explosive materials, or any similar
hazardous materials or substances. A representative sample showroom
shall be used only for the public viewing of fireworks product
representations, including paper materials, packaging materials,
catalogs, photographs, or other similar product depictions. The
delivery of product to a purchaser of fireworks at a licensed
premises that has a representative sample structure shall not occur
inside any structure on a licensed premises. Such product delivery
shall occur on the licensed premises in a manner prescribed by rules
adopted by the state fire marshal pursuant to Chapter 119. of the
Revised Code.

If
a manufacturer or wholesaler elects to conduct sales from a retail
sales showroom, the showroom structures, to which the public may have
any access and in which employees are required to work, on all
licensed premises, shall comply with the following safety
requirements:

(1)
A fireworks showroom that is constructed or upon which expansion is
undertaken on and after June 30, 1997, shall be equipped with
interlinked fire detection, fire suppression, smoke exhaust, and
smoke evacuation systems that are approved by the superintendent of
industrial compliance in the department of commerce.

(2)(a)
A fireworks showroom that first begins to operate on or after June
30, 1997, or that resumes operations at any time after a period of
inactive status of licensure greater than one year, and to which the
public has access for retail purposes shall not exceed seven thousand
five hundred square feet in floor area.

(b)
A fireworks showroom that, through construction of a new showroom,
expansion of an existing showroom, or similar means, first exceeds
five thousand square feet, to which the public has access for retail
purposes, after February 7, 2022, shall be equipped with a sprinkler
system that meets the criteria for sprinkler systems in extra hazard
(group 2) occupancies under "NFPA 13, Standard for the
Installation of Sprinkler Systems (2019 Edition)."

(c)
Notwithstanding division (D) of this section, the state fire marshal
may provide a variance to the requirements of division (C)(2)(b) of
this section pursuant to section 3743.59 of the Revised Code for a
sprinkler system that matches or exceeds the degree of safety
provided by a sprinkler system that meets the criteria for sprinkler
systems in extra hazard (group 2) occupancies under "NFPA 13,
Standard for the Installation of Sprinkler Systems (2019 Edition)."

(3)
A newly constructed or an existing fireworks showroom structure that
exists on September 23, 2008, but that, on or after September 23,
2008, is altered or added to in a manner requiring the submission of
plans, drawings, specifications, or data pursuant to section 3791.04
of the Revised Code, shall comply with a graphic floor plan layout
that is approved by the state fire marshal and superintendent showing
width of aisles, parallel arrangement of aisles to exits, number of
exits per wall, maximum occupancy load, evacuation plan for
occupants, height of storage or display of merchandise, and other
information as may be required by the state fire marshal and
superintendent.

(4)
A fireworks showroom structure that exists on June 30, 1997, shall be
in compliance on or after June 30, 1997, with floor plans showing
occupancy load limits and internal circulation and egress patterns
that are approved by the state fire marshal and superintendent, and
that are submitted under seal as required by section 3791.04 of the
Revised Code.

(D)
The safety requirements established in division (C) of this section
are not subject to any variance, waiver, or exclusion pursuant to
this chapter or any applicable building code.

Sec.
3743.48.
(A)
For the purposes of this section, "online sale" means a
retail sale through an internet web site or other digital platform.

(B)
A licensed manufacturer or licensed wholesaler may conduct online
sales of 1.4G fireworks in accordance with this section. A licensed
manufacturer or licensed wholesaler shall ensure that all selection,
ordering, payment, and delivery is carried out in accordance with the
procedures and requirements of this chapter and all rules adopted
thereunder, except to the extent that those procedures, requirements,
and rules directly conflict with this section.

(C)
Each online sale of 1.4G fireworks shall be specifically associated
with a single licensed manufacturer or licensed wholesaler,
identified by license identification number and the address of the
licensed premises. A licensed manufacturer or licensed wholesaler
shall transfer possession of 1.4G fireworks purchased in an online
sale only in the retail showroom of the licensed premises or via
curbside delivery made in accordance with all of the following:

(1)
The delivery is made to the verified purchaser of the 1.4G fireworks.

(2)
The delivery occurs on the licensed premises associated with sale.

(3)
The delivery occurs in a designated customer pick-up zone which may
be accessible by motor vehicles.

(4)
The purchaser is provided a safety pamphlet, in accordance with
section 3743.47 of the Revised Code, at the point of delivery.

(5)
The purchaser is offered safety glasses for a nominal fee at the
point of delivery in accordance section 3743.47 of the Revised Code.

(D)
A licensed manufacturer or licensed wholesaler may construct a tent
or other temporary structure on a licensed premises to provide
shelter for employees and purchasers at the point of curbside
delivery, provided that such structures are approved by the state
fire marshal and are in compliance with all state and local laws,
including the state building code, the state fire code, and any
applicable zoning requirements.

(E)
A licensed manufacturer or licensed wholesaler shall not transfer
possession of 1.4G fireworks purchased in an online sale to any
person other than the verified purchaser. Before transferring
possession, the licensed manufacturer or licensed wholesaler shall
verify all of the following:

(1)
The number and types of items included in the order;

(2)
That the purchaser is at least eighteen years of age;

(3)
That the purchaser's name is the same name associated with the credit
or debit card with which the order was placed;

(4)
That the purchaser attests to understanding and agrees to comply with
all applicable federal, state, and local laws regarding consumer
fireworks storage and use;

(5)
That the purchaser signs all forms required by law;

(6)
That the purchaser pays the fee imposed by section 3743.22 of the
Revised Code.

(F)
A licensed manufacturer or licensed wholesaler that conducts online
sales of 1.4G fireworks shall do all of the following:

(1)
Comply with all applicable state and local laws, including the state
building code, state fire code, and zoning requirements;

(2)
Implement reasonable traffic control measures for curbside
deliveries;

(3)
Maintain all regular fireworks sales records, including any records
necessary to demonstrate compliance with this section, and make those
records available upon request of the state fire marshal or any law
enforcement officer, fire code official, or building code official
with jurisdiction.

(G)
A licensed manufacturer or licensed wholesaler shall not do any of
the following:

(1)
Deliver fireworks via mail order, parcel service, or any other
delivery process that occurs outside of the licensed premises;

(2)
Sell or offer for sale fireworks or other items outside of the
licensed retail showroom except as expressly authorized by this
section;

(3)
Display fireworks for sale outside of a retail showroom;

(4)
Permit any member of the public to access any areas on the licensed
premises other than the retail showroom and the designated area for
curbside delivery.

(H)
Nothing in this section shall be construed to do any of the
following:

(1)
Reduce, waive, or otherwise eliminate any licensure or safety
requirements in this chapter or the rules adopted thereunder;

(2)
Exempt any retail sales of 1.4G fireworks from the fee imposed by
section 3743.22 of the Revised Code;

(3)
Reduce, waive, or otherwise eliminate any of a licensed
manufacturer's or licensed wholesaler's liability, insurance, workers
compensation, or other legal obligations.

(I)(1)
A licensed wholesaler or licensed manufacturer is not required to
conduct online sales of fireworks.

(2)
A licensed wholesaler or licensed manufacturer may implement a hybrid
firework purchase and delivery system composed of one or more of the
following:

(a)
Standard retail showroom sales;

(b)
Online selection of, or payment for, 1.4G fireworks products and
in-store showroom delivery of those products;

(c)
Online selection of, or payment for, 1.4G fireworks products and
curb-side delivery of those products;

(d)
Retail showroom-based product selection and payment, and curb-side
delivery of those products;

(e)
Other similar purchase and delivery systems approved in writing by
the state fire marshal in accordance with division (J) of this
section.

(J)
A licensed wholesaler or licensed manufacturer may submit to the
state fire marshal proposals for alternative 1.4G firework purchase
and delivery systems that satisfy the requirements of this section.
The state fire marshal shall review each such proposal and, if the
alternative firework purchase and delivery system satisfies the
requirements of this section, may approve that firework purchase and
delivery system for use by the licensed wholesaler or licensed
manufacturer.

(K)
This section does not apply to 1.3G fireworks or wholesale sales.

(L)
The state fire marshal shall adopt rules and standards in accordance
with Chapter 119. of the Revised Code as necessary to implement and
enforce this section.

Sec.
3743.56.
Each
fireworks exhibitor licensed under section 3743.51 of the Revised
Code shall register annually with the fire marshal all employees who
assist the licensed exhibitor in conducting fireworks exhibitions.
Once registered, such an employee may be employed by any other
licensed fireworks exhibitor, without the need for that other
licensed exhibitor to register the employee with the fire marshal.
The fire marshal shall maintain a record of licensed exhibitors and
registered employees and make it available, upon request, to any law
enforcement agency.

The
fire marshal shall adopt rules under Chapter 119. of the Revised Code
that establish appropriate fees for the registration of employees of
licensed exhibitors

and otherwise implement this section
.

In
addition to the annual registration of employees required by this
section, a licensed exhibitor shall file an application to register a
new employee, unless the new employee is already registered under
this section, not later than seven days after the date on which the
employee is hired.

Each
applicant for registration under this section shall provide
fingerprint or similar identifying information to the fire marshal
for the purposes of determining applicant compliance with section
3743.70 of the Revised Code. The fire marshal may adopt rules under
Chapter 119. of the Revised Code specifying the method to be used by
the applicant to provide the fingerprint or similar identifying
information, fees to be assessed by the fire marshal to conduct such
background checks, and the procedures to be used by the fire marshal
to verify compliance with this section. Such rules may include
provisions establishing the frequency that license renewal applicants
must update background check information filed by the applicant with
previous license applications and provisions describing alternative
forms of background check information that may be accepted by the
fire marshal to verify compliance with this section.

Sec.
3743.60.
(A)
No person shall manufacture fireworks in this state unless it is a
licensed manufacturer of fireworks, and no person shall operate a
fireworks plant in this state unless it has been issued a license as
a manufacturer of fireworks for the particular fireworks plant.

(B)
No person shall operate a fireworks plant in this state after its
license as a manufacturer of fireworks for the particular fireworks
plant has expired, is suspended, has been denied renewal, or has been
revoked, unless a new license has been obtained or the suspension
lifted.

(C)
No licensed manufacturer of fireworks, during the effective period of
its licensure, shall construct, locate, or relocate any buildings or
other structures on the premises of its fireworks plant, make any
structural change or renovation in any building or other structure on
the premises of its fireworks plant, or change the nature of its
manufacturing of fireworks so as to include the processing of
fireworks without first obtaining a written authorization from the
state fire marshal pursuant to division (B) of section 3743.04 of the
Revised Code.

(D)
No licensed manufacturer of fireworks shall manufacture fireworks,
possess fireworks for sale at wholesale or retail, or sell fireworks
at wholesale or retail, in a manner not authorized by division (C) of
section 3743.04 of the Revised Code.

(E)
No licensed manufacturer of fireworks shall knowingly fail to comply
with the rules adopted by the state fire marshal pursuant to
sections

section

3743.05

and
3743.48
of
the Revised Code or the requirements of sections 3743.06 and 3743.48
of the Revised Code.

(F)
No licensed manufacturer of fireworks shall fail to maintain complete
inventory, wholesale sale, and retail records as required by section
3743.07 of the Revised Code, or to permit inspection of these records
or the premises of a fireworks plant pursuant to section 3743.08 of
the Revised Code.

(G)
No licensed manufacturer of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(1) of
section 3743.08 of the Revised Code, within the specified period of
time.

(H)
No licensed manufacturer of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(2) of
section 3743.08 of the Revised Code until the nonconformities are
eliminated, corrected, or otherwise remedied or the seventy-two hour
period specified in that division has expired, whichever first
occurs.

(I)
No person shall smoke or shall carry a pipe, cigarette, or cigar, or
a match, lighter, other flame-producing item, or open flame on, or
shall carry a concealed source of ignition into, the premises of a
fireworks plant, except as smoking is authorized in specified
lunchrooms or restrooms by a manufacturer pursuant to division (C) of
section 3743.06 of the Revised Code.

(J)
No person shall have possession or control of, or be under the
influence of, any intoxicating liquor, beer, or controlled substance,
while on the premises of a fireworks plant.

(K)
No licensed manufacturer of fireworks shall negligently fail to
furnish a safety pamphlet to a purchaser of 1.4G fireworks as
required by division (A) of section 3743.47 of the Revised Code.

(L)
No licensed manufacturer of fireworks shall negligently fail to have
safety glasses available for sale as required by division (B) of
section 3743.47 of the Revised Code.

Sec.
3743.61.
(A)
No person, except a licensed manufacturer of fireworks engaging in
the wholesale sale of fireworks as authorized by division (C)(2) of
section 3743.04 of the Revised Code, shall operate as a wholesaler of
fireworks in this state unless it is a licensed wholesaler of
fireworks, or shall operate as a wholesaler of fireworks at any
location in this state unless it has been issued a license as a
wholesaler of fireworks for the particular location.

(B)
No person shall operate as a wholesaler of fireworks at a particular
location in this state after its license as a wholesaler of fireworks
for the particular location has expired, is suspended, has been
denied renewal, or has been revoked, unless a new license has been
obtained or the suspension lifted.

(C)
No licensed wholesaler of fireworks, during the effective period of
its licensure, shall perform any construction, or make any structural
change or renovation, on the premises on which the fireworks are sold
without first obtaining a written authorization from the state fire
marshal pursuant to division (B) of section 3743.17 of the Revised
Code.

(D)
No licensed wholesaler of fireworks shall possess fireworks for sale
at wholesale or retail, or sell fireworks at wholesale or retail, in
a manner not authorized by division (C) of section 3743.17 of the
Revised Code.

(E)
No licensed wholesaler of fireworks shall knowingly fail to comply
with the rules adopted by the state fire marshal pursuant to
sections

section

3743.18

and
3743.48
or
the requirements of sections 3743.19 and 3743.48 of the Revised Code.

(F)
No licensed wholesaler of fireworks shall fail to maintain complete
inventory, wholesale sale, and retail records as required by section
3743.20 of the Revised Code, or to permit inspection of these records
or the premises of the wholesaler pursuant to section 3743.21 of the
Revised Code.

(G)
No licensed wholesaler of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(1) of
section 3743.21 of the Revised Code, within the specified period of
time.

(H)
No licensed wholesaler of fireworks shall fail to comply with an
order of the state fire marshal issued pursuant to division (B)(2) of
section 3743.21 of the Revised Code until the nonconformities are
eliminated, corrected, or otherwise remedied or the seventy-two hour
period specified in that division has expired, whichever first
occurs.

(I)
No person shall smoke or shall carry a pipe, cigarette, or cigar, or
a match, lighter, other flame-producing item, or open flame on, or
shall carry a concealed source of ignition into, the premises of a
wholesaler of fireworks, except as smoking is authorized in specified
lunchrooms or restrooms by a wholesaler pursuant to division (D) of
section 3743.19 of the Revised Code.

(J)
No person shall have possession or control of, or be under the
influence of, any intoxicating liquor, beer, or controlled substance,
while on the premises of a wholesaler of fireworks.

(K)
No licensed wholesaler of fireworks shall negligently fail to furnish
a safety pamphlet to a purchaser of 1.4G fireworks as required by
division (A) of section 3743.47 of the Revised Code.

(L)
No licensed wholesaler of fireworks shall negligently fail to have
safety glasses available for sale as required by division (B) of
section 3743.47 of the Revised Code.

Sec.
3745.11.
(A)
Applicants for and holders of permits, licenses, variances, plan
approvals, and certifications issued by the director of environmental
protection pursuant to Chapters 3704., 3734., 6109., and 6111. of the
Revised Code shall pay a fee to the environmental protection agency
for each such issuance and each application for an issuance as
provided by this section. No fee shall be charged for any issuance
for which no application has been submitted to the director.

(B)
Except as otherwise provided in division (C)(2) of this section,
beginning July 1, 1994, each person who owns or operates an air
contaminant source and who is required to apply for and obtain a
Title V permit under section 3704.036 of the Revised Code shall pay
an annual fee of five thousand dollars in addition to the fees set
forth in this division. For the purposes of this division, total
emissions of air contaminants may be calculated using engineering
calculations, emissions factors, material balance calculations, or
performance testing procedures, as authorized by the director.

The
following fees shall be assessed on the total actual emissions from a
source in tons per year of the regulated pollutants particulate
matter, sulfur dioxide, nitrogen oxides, organic compounds, and lead:

(1)
Fifteen dollars per ton on the total actual emissions of each such
regulated pollutant during the period July through December 1993, to
be collected no sooner than July 1, 1994;

(2)
Twenty dollars per ton on the total actual emissions of each such
regulated pollutant during calendar year 1994, to be collected no
sooner than April 15, 1995;

(3)
Twenty-five dollars per ton on the total actual emissions of each
such regulated pollutant in calendar year 1995, and each subsequent
calendar year, to be collected no sooner than the fifteenth day of
April of the year next succeeding the calendar year in which the
emissions occurred.

The
fees levied under this division do not apply to that portion of the
emissions of a regulated pollutant at a facility that exceed four
thousand tons during a calendar year.

(C)(1)
The fees assessed under division (B) of this section are for the
purpose of providing funding for the Title V permit program.

(2)
The fees assessed under division (B) of this section do not apply to
emissions from any electric generating unit designated as a Phase I
unit under Title IV of the federal Clean Air Act prior to calendar
year 2000. Those fees shall be assessed on the emissions from such a
generating unit commencing in calendar year 2001 based upon the total
actual emissions from the generating unit during calendar year 2000
and shall continue to be assessed each subsequent calendar year based
on the total actual emissions from the generating unit during the
preceding calendar year.

(3)
The director shall issue invoices to owners or operators of air
contaminant sources who are required to pay a fee assessed under
division (B) or (D) of this section. Any such invoice shall be issued
no sooner than the applicable date when the fee first may be
collected in a year under the applicable division, shall identify the
nature and amount of the fee assessed, and shall indicate that the
fee is required to be paid within thirty days after the issuance of
the invoice.

(D)(1)
Except as provided in division (D)(2) of this section, beginning
January 1, 2004, each person who owns or operates an air contaminant
source; who is required to apply for a permit to operate pursuant to
rules adopted under division
(G),
or a variance pursuant to division (H),
(F)

of section 3704.03 of the Revised Code; and who is not required to
apply for and obtain a Title V permit under section 3704.03 of the
Revised Code shall pay a single fee based upon the sum of the actual
annual emissions from the facility of the regulated pollutants
particulate matter, sulfur dioxide, nitrogen oxides, organic
compounds, and lead in accordance with the following schedule:

1

2

A

Total
tons per year

of
regulated pollutants

emitted

Annual
fee

per
facility

B

More
than 0, but less than 10

$100

C

10
or more, but less than 50

200

D

50
or more, but less than 100

300

E

100
or more

700

(2)(a)
As used in division (D) of this section, "synthetic minor
facility" means a facility for which one or more permits to
install or permits to operate have been issued for the air
contaminant sources at the facility that include terms and conditions
that lower the facility's potential to emit air contaminants below
the major source thresholds established in rules adopted under
section 3704.036 of the Revised Code.

(b)
Through June 30, 2028, each person who owns or operates a synthetic
minor facility shall pay an annual fee of five thousand dollars in
addition to a fee based on the sum of the actual annual emissions
from the facility of particulate matter, sulfur dioxide, nitrogen
dioxide, organic compounds, and lead in accordance with the following
schedule:

1

2

A

Combined
total tons

per
year of all regulated

pollutants
emitted

Annual
fee per facility

B

Less
than 10

$255

C

10
or more, but less than 20

510

D

20
or more, but less than 30

1,005

E

30
or more, but less than 40

1,515

F

40
or more, but less than 50

2,010

G

50
or more, but less than 60

2,520

H

60
or more, but less than 70

3,015

I

70
or more, but less than 80

3,525

J

80
or more, but less than 90

4,020

K

90
or more, but less than 100

4,530

L

100
or more

5,025

(3)
The fees assessed under division (D)(1) of this section shall be
collected annually no sooner than the fifteenth day of April,
commencing in 2005. The fees assessed under division (D)(2) of this
section shall be collected no sooner than the fifteenth day of April,
commencing in 2000. The fees assessed under division (D) of this
section in a calendar year shall be based upon the sum of the actual
emissions of those regulated pollutants during the preceding calendar
year. For the purpose of division (D) of this section, emissions of
air contaminants may be calculated using engineering calculations,
emission factors, material balance calculations, or performance
testing procedures, as authorized by the director. The director, by
rule, may require persons who are required to pay the fees assessed
under division (D) of this section to pay those fees biennially
rather than annually.

(E)(1)
Consistent with the need to cover the reasonable costs of the Title V
permit program, the director annually shall increase the fees
assessed on emissions prescribed in division (B) of this section by
the percentage, if any, by which the consumer price index for the
most recent calendar year ending before the beginning of a year
exceeds the consumer price index for calendar year 1989. Upon
calculating an increase in fees authorized by division (E)(1) of this
section, the director shall compile revised fee schedules for the
purposes of division (B) of this section and shall make the revised
schedules available to persons required to pay the fees assessed
under that division and to the public.

(2)
For the purposes of division (E)(1) of this section:

(a)
The consumer price index for any year is the average of the consumer
price index for all urban consumers published by the United States
department of labor as of the close of the twelve-month period ending
on the thirty-first day of August of that year.

(b)
If the 1989 consumer price index is revised, the director shall use
the revision of the consumer price index that is most consistent with
that for calendar year 1989.

(F)
Each person who is issued a permit to install pursuant to rules
adopted under division
(F)
(E)

of section 3704.03 of the Revised Code on or after July 1, 2003,
shall pay the fees specified in the following schedules:

(1)
Fuel-burning equipment (boilers, furnaces, or process heaters used in
the process of burning fuel for the primary purpose of producing heat
or power by indirect heat transfer)

1

2

A

Input
capacity (maximum)

(million
British thermal units per hour)

Permit
to install

B

Greater
than 0, but less than 10

$300

C

10
or more, but less than 100

600

D

100
or more, but less than 300

1,500

E

300
or more, but less than 500

3,375

F

500
or more, but less than 1000

5,625

G

1000
or more, but less than 5000

9,000

H

5000
or more

13,500

Units
burning exclusively natural gas, number two fuel oil, or both shall
be assessed a fee that is one-half the applicable amount shown in
division (F)(1) of this section.

(2)
Combustion turbines and stationary internal combustion engines
designed to generate electricity

1

2

A

Generating
capacity (mega watts)

Permit
to install

B

0
or more, but less than 10

$37.50

C

10
or more, but less than 25

225

D

25
or more, but less than 50

450

E

50
or more, but less than 100

750

F

100
or more, but less than 250

1,500

G

250
or more

3,000

(3)
Incinerators

1

2

A

Input
capacity (pounds per hour)

Permit
to install

B

0
to 100

$150

C

101
to 500

750

D

501
to 2000

1,500

E

2001
to 20,000

2,250

F

more
than 20,000

5,625

(4)(a)
Process

1

2

A

Process
weight rate (pounds per hour)

Permit
to install

B

0
to 1000

$300

C

1001
to 5000

750

D

5001
to 10,000

1,125

E

10,001
to 50,000

1,500

F

more
than 50,000

1,875

In
any process where process weight rate cannot be ascertained, the
minimum fee shall be assessed. A boiler, furnace, combustion turbine,
stationary internal combustion engine, or process heater designed to
provide direct heat or power to a process not designed to generate
electricity shall be assessed a fee established in division (F)(4)(a)
of this section. A combustion turbine or stationary internal
combustion engine designed to generate electricity shall be assessed
a fee established in division (F)(2) of this section.

(b)
Notwithstanding division (F)(4)(a) of this section, any person issued
a permit to install pursuant to rules adopted under division
(F)
(E)

of section 3704.03 of the Revised Code shall pay the fees set forth
in division (F)(4)(c) of this section for a process used in any of
the following industries, as identified by the applicable two-digit,
three-digit, or four-digit standard industrial classification code
according to the Standard Industrial Classification Manual published
by the United States office of management and budget in the executive
office of the president, 1987, as revised:

Major
group 10, metal mining;

Major
group 12, coal mining;

Major
group 14, mining and quarrying of nonmetallic minerals;

Industry
group 204, grain mill products;

2873
Nitrogen fertilizers;

2874
Phosphatic fertilizers;

3281
Cut stone and stone products;

3295
Minerals and earth, ground or otherwise treated;

4221
Grain elevators (storage only);

5159
Farm related raw materials;

5261
Retail nurseries and lawn and garden supply stores.

(c)
The fees set forth in the following schedule apply to the issuance of
a permit to install pursuant to rules adopted under division
(F)
(E)

of section 3704.03 of the Revised Code for a process identified in
division (F)(4)(b) of this section:

1

2

A

Process
weight rate (pounds per hour)

Permit
to install

B

0
to 10,000

$300

C

10,001
to 50,000

600

D

50,001
to 100,000

750

E

100,001
to 200,000

900

F

200,001
to 400,000

1,125

G

400,001
or more

1,350

(5)
Storage tanks

1

2

A

Gallons
(maximum useful capacity)

Permit
to install

B

0
to 20,000

$150

C

20,001
to 40,000

225

D

40,001
to 100,000

375

E

100,001
to 500,000

600

F

500,001
or greater

1,125

(6)
Gasoline/fuel dispensing facilities

1

2

A

For
each gasoline/fuel dispensing facility (includes all units at the
facility)

Permit
to install

$150

(7)
Dry cleaning facilities

1

2

A

For
each dry cleaning facility (includes all units at the facility)

Permit
to install

$150

(8)
Registration status

1

2

A

For
each source covered by registration status

Permit
to install

$112.50

(G)
An owner or operator who is responsible for an asbestos demolition or
renovation project pursuant to rules adopted under section 3704.03 of
the Revised Code shall pay, upon submitting a notification pursuant
to rules adopted under that section, the fees set forth in the
following schedule:

1

2

A

Action

Fee

B

Each
notification

$75

C

Asbestos
removal

$3/unit

D

Asbestos
cleanup

$4/cubic
yard

For
purposes of this division, "unit" means any combination of
linear feet or square feet equal to fifty.

(H)
A person who is issued an extension of time for a permit to install
an air contaminant source pursuant to rules adopted under division

(F)
(E)

of section 3704.03 of the Revised Code shall pay a fee equal to
one-half the fee originally assessed for the permit to install under
this section, except that the fee for such an extension shall not
exceed two hundred dollars.

(I)
A person who is issued a modification to a permit to install an air
contaminant source pursuant to rules adopted under section 3704.03 of
the Revised Code shall pay a fee equal to one-half of the fee that
would be assessed under this section to obtain a permit to install
the source. The fee assessed by this division only applies to
modifications that are initiated by the owner or operator of the
source and shall not exceed two thousand dollars.

(J)
Notwithstanding division (F) of this section, a person who applies
for or obtains a permit to install pursuant to rules adopted under
division
(F)
(E)

of section 3704.03 of the Revised Code after the date actual
construction of the source began shall pay a fee for the permit to
install that is equal to twice the fee that otherwise would be
assessed under the applicable division unless the applicant received
authorization to begin construction under division
(W)
(U)

of section 3704.03 of the Revised Code. This division only applies to
sources for which actual construction of the source begins on or
after July 1, 1993. The imposition or payment of the fee established
in this division does not preclude the director from taking any
administrative or judicial enforcement action under this chapter,
Chapter 3704., 3714., 3734., or 6111. of the Revised Code, or a rule
adopted under any of them, in connection with a violation of rules
adopted under division
(F)
(E)

of section 3704.03 of the Revised Code.

As
used in this division, "actual construction of the source"
means the initiation of physical on-site construction activities in
connection with improvements to the source that are permanent in
nature, including, without limitation, the installation of building
supports and foundations and the laying of underground pipework.

(K)(1)
Money received under division (B) of this section shall be deposited
in the state treasury to the credit of the Title V clean air fund
created in section 3704.035 of the Revised Code. Annually, not more
than fifty cents per ton of each fee assessed under division (B) of
this section on actual emissions from a source and received by the
environmental protection agency pursuant to that division may be
transferred by the director using an interstate transfer voucher to
the state treasury to the credit of the small business assistance
fund created in section 3706.19 of the Revised Code. In addition,
annually, the amount of money necessary for the operation of the
office of ombudsperson as determined under division (B) of that
section shall be transferred to the state treasury to the credit of
the small business ombudsperson fund created by that section.

(2)
Money received by the agency pursuant to divisions (D), (F), (G),
(H), (I), and (J) of this section shall be deposited in the state
treasury to the credit of the non-Title V clean air fund created in
section 3704.035 of the Revised Code.

(L)(1)
A person applying for a plan approval for a wastewater treatment
works pursuant to section 6111.44, 6111.45, or 6111.46 of the Revised
Code shall pay a nonrefundable fee of one hundred dollars plus
sixty-five one-hundredths of one per cent of the estimated project
cost through June 30, 2028, and a nonrefundable application fee of
one hundred dollars plus two-tenths of one per cent of the estimated
project cost on and after July 1, 2028, except that the total fee
shall not exceed fifteen thousand dollars through June 30, 2028, and
five thousand dollars on and after July 1, 2028. The fee shall be
paid at the time the application is submitted.

(2)
A person who has entered into an agreement with the director under
section 6111.14 of the Revised Code shall pay an administrative
service fee for each plan submitted under that section for approval
that shall not exceed the minimum amount necessary to pay
administrative costs directly attributable to processing plan
approvals. The director annually shall calculate the fee and shall
notify all persons who have entered into agreements under that
section, or who have applied for agreements, of the amount of the
fee.

(3)(a)(i)
Not later than January 30, 2026, and January 30, 2027, a person
holding an NPDES discharge permit issued pursuant to Chapter 6111. of
the Revised Code with an average daily discharge flow of five
thousand gallons or more shall pay a nonrefundable annual discharge
fee. Any person who fails to pay the fee at that time shall pay an
additional amount that equals ten per cent of the required annual
discharge fee.

(ii)
The billing year for the annual discharge fee established in division
(L)(3)(a)(i) of this section shall consist of a twelve-month period
beginning on the first day of January of the year preceding the date
when the annual discharge fee is due. In the case of an existing
source that permanently ceases to discharge during a billing year,
the director shall reduce the annual discharge fee, including the
surcharge applicable to certain industrial facilities pursuant to
division (L)(3)(c) of this section, by one-twelfth for each full
month during the billing year that the source was not discharging,
but only if the person holding the NPDES discharge permit for the
source notifies the director in writing, not later than the first day
of October of the billing year, of the circumstances causing the
cessation of discharge.

(iii)
The annual discharge fee established in division (L)(3)(a)(i) of this
section, except for the surcharge applicable to certain industrial
facilities pursuant to division (L)(3)(c) of this section, shall be
based upon the average daily discharge flow in gallons per day
calculated using first day of May through thirty-first day of October
flow data for the period two years prior to the date on which the fee
is due. In the case of NPDES discharge permits for new sources, the
fee shall be calculated using the average daily design flow of the
facility until actual average daily discharge flow values are
available for the time period specified in division (L)(3)(a)(iii) of
this section. The annual discharge fee may be prorated for a new
source as described in division (L)(3)(a)(ii) of this section.

(b)(i)
An NPDES permit holder that is a public discharger shall pay the fee
specified in the following schedule:

1

2

A

Average
daily discharge flow

Fee
due by January 30, 2026, and January 30, 2027

B

5,000
to 49,999

$200

C

50,000
to 100,000

500

D

100,001
to 250,000

1,050

E

250,001
to 1,000,000

2,600

F

1,000,001
to 5,000,000

5,200

G

5,000,001
to 10,000,000

10,350

H

10,000,001
to 20,000,000

15,550

I

20,000,001
to 50,000,000

25,900

J

50,000,001
to 100,000,000

41,400

K

100,000,001
or more

62,100

(ii)
Public dischargers owning or operating two or more publicly owned
treatment works serving the same political subdivision, as "treatment
works" is defined in section 6111.01 of the Revised Code, and
that serve exclusively political subdivisions having a population of
fewer than one hundred thousand persons shall pay an annual discharge
fee under division (L)(3)(b)(i) of this section that is based on the
combined average daily discharge flow of the treatment works.

(c)(i)
An NPDES permit holder that is an industrial discharger, other than a
coal mining operator identified by P in the third character of the
permittee's NPDES permit number, shall pay the fee specified in the
following schedule:

1

2

A

Average
daily discharge flow

Fee
due by January 30, 2026, and January 30, 2027

B

5,000
to 49,999

$250

C

50,000
to 250,000

1,200

D

250,001
to 1,000,000

2,950

E

1,000,001
to 5,000,000

5,850

F

5,000,001
to 10,000,000

8,800

G

10,000,001
to 20,000,000

11,700

H

20,000,001
to 100,000,000

14,050

I

100,000,001
to 250,000,000

16,400

J

250,000,001
or more

18,700

(ii)
In addition to the fee specified in the above schedule, an NPDES
permit holder that is an industrial discharger classified as a major
discharger during all or part of the annual discharge fee billing
year specified in division (L)(3)(a)(ii) of this section shall pay a
nonrefundable annual surcharge of seven thousand five hundred dollars
not later than January 30, 2026, and not later than January 30, 2027.
Any person who fails to pay the surcharge at that time shall pay an
additional amount that equals ten per cent of the amount of the
surcharge.

(d)
Notwithstanding divisions (L)(3)(b) and (c) of this section, a public
discharger, that is not a separate municipal storm sewer system,
identified by I in the third character of the permittee's NPDES
permit number and an industrial discharger identified by I, J, L, V,
W, X, Y, or Z in the third character of the permittee's NPDES permit
number shall pay a nonrefundable annual discharge fee of one hundred
eighty dollars not later than January 30, 2026, and not later than
January 30, 2027. Any person who fails to pay the fee at that time
shall pay an additional amount that equals ten per cent of the
required fee.

(4)
Each person obtaining an NPDES permit for municipal storm water
discharge shall pay a nonrefundable storm water annual discharge fee
of ten dollars per one-tenth of a square mile of area permitted. The
fee shall not exceed ten thousand dollars and shall be payable on or
before January 30, 2004, and the thirtieth day of January of each
year thereafter. Any person who fails to pay the fee on the date
specified in division (L)(4) of this section shall pay an additional
amount per year equal to ten per cent of the annual fee that is
unpaid.

(5)
The director shall transmit all moneys collected under division (L)
of this section to the treasurer of state for deposit into the state
treasury to the credit of the surface water protection fund created
in section 6111.038 of the Revised Code.

(6)
As used in this section:

(a)
"NPDES" means the federally approved national pollutant
discharge elimination system individual and general program for
issuing, modifying, revoking, reissuing, terminating, monitoring, and
enforcing permits and imposing and enforcing pretreatment
requirements under Chapter 6111. of the Revised Code and rules
adopted under it.

(b)
"Public discharger" means any holder of an NPDES permit
identified by P in the second character of the NPDES permit number
assigned by the director.

(c)
"Industrial discharger" means any holder of an NPDES permit
identified by I in the second character of the NPDES permit number
assigned by the director.

(d)
"Major discharger" means any holder of an NPDES permit
classified as major by the regional administrator of the United
States environmental protection agency in conjunction with the
director.

(M)
Through June 30, 2028, a person applying for a license or license
renewal to operate a public water system under section 6109.21 of the
Revised Code shall pay the appropriate fee established under this
division at the time of application to the director. Any person who
fails to pay the fee at that time shall pay an additional amount that
equals ten per cent of the required fee. The director shall transmit
all moneys collected under this division to the treasurer of state
for deposit into the drinking water protection fund created in
section 6109.30 of the Revised Code.

Except
as provided in divisions (M)(4) and (5) of this section, fees
required under this division shall be calculated and paid in
accordance with the following schedule:

(1)
For the initial license required under section 6109.21 of the Revised
Code for any public water system that is a community water system as
defined in section 6109.01 of the Revised Code, and for each license
renewal required for such a system prior to January 31, 2028, the fee
is:

1

2

A

Number
of service connections

Fee
amount

B

Not
more than 49

$112

C

50
to 99

176

D

Number
of service connections

Average
cost per connection

E

100
to 2,499

$1.92

F

2,500
to 4,999

1.48

G

5,000
to 7,499

1.42

H

7,500
to 9,999

1.34

I

10,000
to 14,999

1.16

J

15,000
to 24,999

1.10

K

25,000
to 49,999

1.04

L

50,000
to 99,999

.92

M

100,000
to 149,999

.86

N

150,000
to 199,999

.80

O

200,000
or more

.76

A
public water system may determine how it will pay the total amount of
the fee calculated under division (M)(1) of this section, including
the assessment of additional user fees that may be assessed on a
volumetric basis.

As
used in division (M)(1) of this section, "service connection"
means the number of active or inactive pipes, goosenecks, pigtails,
and any other fittings connecting a water main to any building
outlet.

(2)
For the initial license required under section 6109.21 of the Revised
Code for any public water system that is not a community water system
and serves a nontransient population, and for each license renewal
required for such a system prior to January 31, 2028, the fee is:

1

2

A

Population
served

Fee
amount

B

Fewer
than 150

$112

C

150
to 299

176

D

300
to 749

384

E

750
to 1,499

628

F

1,500
to 2,999

1,268

G

3,000
to 7,499

2,816

H

7,500
to 14,999

5,510

I

15,000
to 22,499

9,048

J

22,500
to 29,999

12,430

K

30,000
or more

16,820

As
used in division (M)(2) of this section, "population served"
means the total number of individuals having access to the water
supply during a twenty-four-hour period for at least sixty days
during any calendar year. In the absence of a specific population
count, that number shall be calculated at the rate of three
individuals per service connection.

(3)
For the initial license required under section 6109.21 of the Revised
Code for any public water system that is not a community water system
and serves a transient population, and for each license renewal
required for such a system prior to January 31, 2028, the fee is:

1

2

A

Number
of wells or sources, other than surface water, supplying system

Fee
amount

B

1

$112

C

2

112

D

3

176

E

4

278

F

5

568

G

System
designated as using a surface water source

792

As
used in division (M)(3) of this section, "number of wells or
sources, other than surface water, supplying system" means those
wells or sources that are physically connected to the plumbing system
serving the public water system.

(4)
A public water system designated as using a surface water source
shall pay a fee of seven hundred ninety-two dollars or the amount
calculated under division (M)(1) or (2) of this section, whichever is
greater.

(5)
An applicant for an initial license who is proposing to operate a new
public water supply system shall submit a fee that equals a prorated
amount of the appropriate fee for the remainder of the licensing
year.

(N)(1)
A person applying for a plan approval for a public water supply
system under section 6109.07 of the Revised Code shall pay a fee of
one hundred fifty dollars plus thirty-five hundredths of one per cent
of the estimated project cost, except that the total fee shall not
exceed twenty thousand dollars through June 30, 2028, and fifteen
thousand dollars on and after July 1, 2028. The fee shall be paid at
the time the application is submitted.

(2)
A person who has entered into an agreement with the director under
division (A)(2) of section 6109.07 of the Revised Code shall pay an
administrative service fee for each plan submitted under that section
for approval that shall not exceed the minimum amount necessary to
pay administrative costs directly attributable to processing plan
approvals. The director annually shall calculate the fee and shall
notify all persons that have entered into agreements under that
division, or who have applied for agreements, of the amount of the
fee.

(3)
Through June 30, 2028, the following fee, on a per survey basis,
shall be charged any person for services rendered by the state in the
evaluation of laboratories and laboratory personnel for compliance
with accepted analytical techniques and procedures established
pursuant to Chapter 6109. of the Revised Code for determining the
qualitative characteristics of water:

1

2

A

microbiological

B

MMO-MUG

$2,000

C

MF

2,100

D

MMO-MUG
and MF

2,550

E

organic
chemical

5,400

F

trace
metals

5,400

G

standard
chemistry

2,800

H

limited
chemistry

1,550

On
and after July 1, 2028, the following fee, on a per survey basis,
shall be charged any such person:

1

2

A

microbiological

$1,650

B

organic
chemicals

3,500

C

trace
metals

3,500

D

standard
chemistry

1,800

E

limited
chemistry

1,000

The
fee for those services shall be paid at the time the request for the
survey is made. Through June 30, 2028, an individual laboratory shall
not be assessed a fee under this division more than once in any
three-year period unless the person requests the addition of
analytical methods or analysts, in which case the person shall pay
five hundred dollars for each additional survey requested.

As
used in division (N)(3) of this section:

(a)
"MF" means membrane filtration.

(b)
"MMO" means minimal medium ONPG.

(c)
"MUG" means 4-methylumbelliferyl-beta-D-glucuronide.

(d)
"ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

The
director shall transmit all moneys collected under this division to
the treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.

(O)
Any person applying to the director to take an examination for
certification as an operator of a water supply system or wastewater
system under Chapter 6109. or 6111. of the Revised Code that is
administered by the director, at the time the application is
submitted, shall pay a fee in accordance with the following schedule
through November 30, 2028:

1

2

A

Class
A operator

$80

B

Class
I operator

105

C

Class
II operator

120

D

Class
III operator

130

E

Class
IV operator

145

On
and after December 1, 2028, the applicant shall pay a fee in
accordance with the following schedule:

1

2

A

Class
A operator

$50

B

Class
I operator

70

C

Class
II operator

80

D

Class
III operator

90

E

Class
IV operator

100

Any
person applying to the director for certification as an operator of a
water supply system or wastewater system who has passed an
examination administered by an examination provider approved by the
director shall pay a certification fee of forty-five dollars.

A
person shall pay a biennial certification renewal fee for each
applicable class of certification in accordance with the following
schedule:

1

2

A

Class
A operator

$25

B

Class
I operator

35

C

Class
II operator

45

D

Class
III operator

55

E

Class
IV operator

65

If
a certification renewal fee is received by the director more than
thirty days, but not more than one year, after the expiration date of
the certification, the person shall pay a certification renewal fee
in accordance with the following schedule:

1

2

A

Class
A operator

$45

B

Class
I operator

55

C

Class
II operator

65

D

Class
III operator

75

E

Class
IV operator

85

A
person who requests a replacement certificate shall pay a fee of
twenty-five dollars at the time the request is made.

Any
person applying to be a water supply system or wastewater treatment
system examination provider shall pay an application fee of five
hundred dollars. Any person approved by the director as a water
supply system or wastewater treatment system examination provider
shall pay an annual fee that is equal to ten per cent of the fees
that the provider assesses and collects for administering water
supply system or wastewater treatment system certification
examinations in this state for the calendar year. The fee shall be
paid not later than forty-five days after the end of a calendar year.

The
director shall transmit all moneys collected under this division to
the treasurer of state for deposit into the drinking water protection
fund created in section 6109.30 of the Revised Code.

(P)
Except as otherwise provided in division (Q) of this section, a
person issued a permit by the director for a new solid waste disposal
facility other than an incineration or composting facility, a new
infectious waste treatment facility other than an incineration
facility, or a modification of such an existing facility that
includes an increase in the total disposal or treatment capacity of
the facility pursuant to Chapter 3734. of the Revised Code shall pay
a fee of ten dollars per thousand cubic yards of disposal or
treatment capacity, or one thousand dollars, whichever is greater,
except that the total fee for any such permit shall not exceed eighty
thousand dollars. A person issued a modification of a permit for a
solid waste disposal facility or an infectious waste treatment
facility that does not involve an increase in the total disposal or
treatment capacity of the facility shall pay a fee of one thousand
dollars. A person issued a permit to install a new, or modify an
existing, solid waste transfer facility under that chapter shall pay
a fee of two thousand five hundred dollars. A person issued a permit
to install a new or to modify an existing solid waste incineration or
composting facility, or an existing infectious waste treatment
facility using incineration as its principal method of treatment,
under that chapter shall pay a fee of one thousand dollars. The
increases in the permit fees under this division resulting from the
amendments made by Amended Substitute House Bill 592 of the 117th
general assembly do not apply to any person who submitted an
application for a permit to install a new, or modify an existing,
solid waste disposal facility under that chapter prior to September
1, 1987; any such person shall pay the permit fee established in this
division as it existed prior to June 24, 1988. In addition to the
applicable permit fee under this division, a person issued a permit
to install or modify a solid waste facility or an infectious waste
treatment facility under that chapter who fails to pay the permit fee
to the director in compliance with division (U) of this section shall
pay an additional ten per cent of the amount of the fee for each week
that the permit fee is late.

Permit
and late payment fees paid to the director under this division shall
be credited to the general revenue fund.

(Q)(1)
A person issued a registration certificate for a scrap tire
collection facility under section 3734.75 of the Revised Code shall
pay a fee of two hundred dollars, except that if the facility is
owned or operated by a motor vehicle salvage dealer licensed under
Chapter 4738. of the Revised Code, the person shall pay a fee of
twenty-five dollars.

(2)
A person issued a registration certificate for a new scrap tire
storage facility under section 3734.76 of the Revised Code shall pay
a fee of three hundred dollars, except that if the facility is owned
or operated by a motor vehicle salvage dealer licensed under Chapter
4738. of the Revised Code, the person shall pay a fee of twenty-five
dollars.

(3)
A person issued a permit for a scrap tire storage facility under
section 3734.76 of the Revised Code shall pay a fee of one thousand
dollars, except that if the facility is owned or operated by a motor
vehicle salvage dealer licensed under Chapter 4738. of the Revised
Code, the person shall pay a fee of fifty dollars.

(4)
A person issued a permit for a scrap tire monocell or monofill
facility under section 3734.77 of the Revised Code shall pay a fee of
ten dollars per thousand cubic yards of disposal capacity or one
thousand dollars, whichever is greater, except that the total fee for
any such permit shall not exceed eighty thousand dollars.

(5)
A person issued a registration certificate for a scrap tire recovery
facility under section 3734.78 of the Revised Code shall pay a fee of
one hundred dollars.

(6)
A person issued a permit for a scrap tire recovery facility under
section 3734.78 of the Revised Code shall pay a fee of one thousand
dollars.

(7)
In addition to the applicable registration certificate or permit fee
under divisions (Q)(1) to (6) of this section, a person issued a
registration certificate or permit for any such scrap tire facility
who fails to pay the registration certificate or permit fee to the
director in compliance with division (U) of this section shall pay an
additional ten per cent of the amount of the fee for each week that
the fee is late.

(8)
The registration certificate, permit, and late payment fees paid to
the director under divisions (Q)(1) to (7) of this section shall be
credited to the scrap tire management fund created in section 3734.82
of the Revised Code.

(R)(1)(a)
Except as otherwise provided, any person applying for a permit,
variance, or plan approval under Chapter 6109. or 6111. of the
Revised Code shall pay a nonrefundable application fee of one hundred
dollars at the time the application is submitted through June 30,
2028, and a nonrefundable application fee of fifteen dollars at the
time the application is submitted on and after July 1, 2028.

(b)(i)
Except as otherwise provided in divisions (R)(1)(b)(iii) and (iv) of
this section, through June 30, 2028, any person applying for an NPDES
permit under Chapter 6111. of the Revised Code shall pay a
nonrefundable application fee of two hundred dollars at the time of
application for the permit. On and after July 1, 2028, such a person
shall pay a nonrefundable application fee of fifteen dollars at the
time of application.

(ii)
In addition to the nonrefundable application fee, any person applying
for an NPDES permit under Chapter 6111. of the Revised Code shall pay
a design flow discharge fee based on each point source to which the
issuance is applicable in accordance with the following schedule:

1

2

A

Design
flow discharge (gallons per day)

Fee

B

0
to 1,000

$0

C

1,001
to 5,000

100

D

5,001
to 50,000

200

E

50,001
to 100,000

300

F

100,001
to 300,000

525

G

over
300,000

750

(iii)
Notwithstanding divisions (R)(1)(b)(i) and (ii) of this section, the
application and design flow discharge fee for an NPDES permit for a
public discharger identified by the letter I in the third character
of the NPDES permit number shall not exceed nine hundred fifty
dollars.

(iv)
Notwithstanding divisions (R)(1)(b)(i) and (ii) of this section, the
application and design flow discharge fee for an NPDES permit for a
coal mining operation regulated under Chapter 1513. of the Revised
Code shall not exceed four hundred fifty dollars per mine.

(v)
A person issued a modification of an NPDES permit shall pay a
nonrefundable modification fee equal to the application fee and
one-half the design flow discharge fee based on each point source, if
applicable, that would be charged for an NPDES permit, except that
the modification fee shall not exceed six hundred dollars.

(c)
In addition to the application fee established under division
(R)(1)(b)(i) of this section, any person applying for an NPDES
general storm water construction permit shall pay a nonrefundable fee
of twenty dollars per acre for each acre that is permitted above five
acres at the time the application is submitted. However, the per
acreage fee shall not exceed three hundred dollars. In addition to
the application fee established under division (R)(1)(b)(i) of this
section, any person applying for an NPDES general storm water
industrial permit shall pay a nonrefundable fee of one hundred fifty
dollars at the time the application is submitted.

(d)
The director shall transmit all moneys collected under division
(R)(1) of this section pursuant to Chapter 6109. of the Revised Code
to the treasurer of state for deposit into the drinking water
protection fund created in section 6109.30 of the Revised Code.

(e)
The director shall transmit all moneys collected under division
(R)(1) of this section pursuant to Chapter 6111. of the Revised Code
and under division (R)(2) of this section to the treasurer of state
for deposit into the surface water protection fund created in section
6111.038 of the Revised Code.

(f)
If a person submits an electronic application for a registration
certificate, permit, variance, or plan approval for which an
application fee is established under division (R)(1) of this section,
the person shall pay all applicable fees as expeditiously as possible
after the submission of the electronic application. An application
for a registration certificate, permit, variance, or plan approval
for which an application fee is established under division (R)(1) of
this section shall not be reviewed or processed until the applicable
application fee, and any other fees established under this division,
are paid.

(2)
A person applying for coverage under an NPDES general discharge
permit for household sewage treatment systems shall pay a
nonrefundable fee of two hundred dollars at the time of application
for initial permit coverage. No fee is required for an application
for permit coverage renewal.

(S)
The director may adopt, amend, and rescind rules in accordance with
Chapter 119. of the Revised Code that do all of the following:

(1)
Prescribe fees to be paid by applicants for and holders of any
license, permit, variance, plan approval, or certification required
or authorized by Chapter 3704., 3734., 6109., or 6111. of the Revised
Code that are not specifically established in this section. The fees
shall be designed to defray the cost of processing, issuing,
revoking, modifying, denying, and enforcing the licenses, permits,
variances, plan approvals, and certifications.

The
director shall transmit all moneys collected under rules adopted
under division (S)(1) of this section pursuant to Chapter 6109. of
the Revised Code to the treasurer of state for deposit into the
drinking water protection fund created in section 6109.30 of the
Revised Code.

The
director shall transmit all moneys collected under rules adopted
under division (S)(1) of this section pursuant to Chapter 6111. of
the Revised Code to the treasurer of state for deposit into the
surface water protection fund created in section 6111.038 of the
Revised Code.

(2)
Exempt the state and political subdivisions thereof, including
education facilities or medical facilities owned by the state or a
political subdivision, or any person exempted from taxation by
section 5709.07 or 5709.12 of the Revised Code, from any fee required
by this section;

(3)
Provide for the waiver of any fee, or any part thereof, otherwise
required by this section whenever the director determines that the
imposition of the fee would constitute an unreasonable cost of doing
business for any applicant, class of applicants, or other person
subject to the fee;

(4)
Prescribe measures that the director considers necessary to carry out
this section.

(T)
When the director reasonably demonstrates that the direct cost to the
state associated with the issuance of a permit, license, variance,
plan approval, or certification exceeds the fee for the issuance or
review specified by this section, the director may condition the
issuance or review on the payment by the person receiving the
issuance or review of, in addition to the fee specified by this
section, the amount, or any portion thereof, in excess of the fee
specified under this section. The director shall not so condition
issuances for which a fee is prescribed in division (R)(1)(b)(iii) of
this section.

(U)
Except as provided in divisions (L), (M), and (R) of this section or
unless otherwise prescribed by a rule of the director adopted
pursuant to Chapter 119. of the Revised Code, all fees required by
this section are payable within thirty days after the issuance of an
invoice for the fee by the director or the effective date of the
issuance of the license, permit, variance, plan approval, or
certification. If payment is late, the person responsible for payment
of the fee shall pay an additional ten per cent of the amount due for
each month that it is late.

(V)
As used in this section, "fuel-burning equipment,"
"fuel-burning equipment input capacity," "incinerator,"
"incinerator input capacity," "process," "process
weight rate," "storage tank," "gasoline
dispensing facility," "dry cleaning facility," "design
flow discharge," and "new source treatment works" have
the meanings ascribed to those terms by applicable rules or standards
adopted by the director under Chapter 3704. or 6111. of the Revised
Code.

(W)
As used in divisions (B), (D), (E), (F), (H), (I), and (J) of this
section, and in any other provision of this section pertaining to
fees paid pursuant to Chapter 3704. of the Revised Code:

(1)
"Facility," "federal Clean Air Act," "person,"
and "Title V permit" have the same meanings as in section
3704.01 of the Revised Code.

(2)
"Title V permit program" means the following activities as
necessary to meet the requirements of Title V of the federal Clean
Air Act and 40 C.F.R. part 70, including at least:

(a)
Preparing and adopting, if applicable, generally applicable rules or
guidance regarding the permit program or its implementation or
enforcement;

(b)
Reviewing and acting on any application for a Title V permit, permit
revision, or permit renewal, including the development of an
applicable requirement as part of the processing of a permit, permit
revision, or permit renewal;

(c)
Administering the permit program, including the supporting and
tracking of permit applications, compliance certification, and
related data entry;

(d)
Determining which sources are subject to the program and implementing
and enforcing the terms of any Title V permit, not including any
court actions or other formal enforcement actions;

(e)
Emission and ambient monitoring;

(f)
Modeling, analyses, or demonstrations;

(g)
Preparing inventories and tracking emissions;

(h)
Providing direct and indirect support to small business stationary
sources to determine and meet their obligations under the federal
Clean Air Act pursuant to the small business stationary source
technical and environmental compliance assistance program required by
section 507 of that act and established in sections 3704.18, 3704.19,
and 3706.19 of the Revised Code.

(3)
"Organic compound" means any chemical compound of carbon,
excluding carbon monoxide, carbon dioxide, carbonic acid, metallic
carbides or carbonates, and ammonium carbonate.

(X)(1)
Except as provided in divisions (X)(2), (3), and (4) of this section,
each sewage sludge facility shall pay a nonrefundable annual sludge
fee equal to three dollars and fifty cents per dry ton of sewage
sludge, including the dry tons of sewage sludge in materials derived
from sewage sludge, that the sewage sludge facility treats or
disposes of in this state. The annual volume of sewage sludge treated
or disposed of by a sewage sludge facility shall be calculated using
the first day of January through the thirty-first day of December of
the calendar year preceding the date on which payment of the fee is
due.

(2)(a)
Except as provided in division (X)(2)(d) of this section, each sewage
sludge facility shall pay a minimum annual sewage sludge fee of one
hundred dollars.

(b)
The annual sludge fee required to be paid by a sewage sludge facility
that treats or disposes of exceptional quality sludge in this state
shall be thirty-five per cent less per dry ton of exceptional quality
sludge than the fee assessed under division (X)(1) of this section,
subject to the following exceptions:

(i)
Except as provided in division (X)(2)(d) of this section, a sewage
sludge facility that treats or disposes of exceptional quality sludge
shall pay a minimum annual sewage sludge fee of one hundred dollars.

(ii)
A sewage sludge facility that treats or disposes of exceptional
quality sludge shall not be required to pay the annual sludge fee for
treatment or disposal in this state of exceptional quality sludge
generated outside of this state and contained in bags or other
containers not greater than one hundred pounds in capacity.

A
thirty-five per cent reduction for exceptional quality sludge applies
to the maximum annual fees established under division (X)(3) of this
section.

(c)
A sewage sludge facility that transfers sewage sludge to another
sewage sludge facility in this state for further treatment prior to
disposal in this state shall not be required to pay the annual sludge
fee for the tons of sewage sludge that have been transferred. In such
a case, the sewage sludge facility that disposes of the sewage sludge
shall pay the annual sludge fee. However, the facility transferring
the sewage sludge shall pay the one-hundred-dollar minimum fee
required under division (X)(2)(a) of this section.

In
the case of a sewage sludge facility that treats sewage sludge in
this state and transfers it out of this state to another entity for
disposal, the sewage sludge facility in this state shall be required
to pay the annual sludge fee for the tons of sewage sludge that have
been transferred.

(d)
A sewage sludge facility that generates sewage sludge resulting from
an average daily discharge flow of less than five thousand gallons
per day is not subject to the fees assessed under division (X) of
this section.

(3)
No sewage sludge facility required to pay the annual sludge fee shall
be required to pay more than the maximum annual fee for each disposal
method that the sewage sludge facility uses. The maximum annual fee
does not include the additional amount that may be charged under
division (X)(5) of this section for late payment of the annual sludge
fee. The maximum annual fee for the following methods of disposal of
sewage sludge is as follows:

(a)
Incineration: five thousand dollars;

(b)
Preexisting land reclamation project or disposal in a landfill: five
thousand dollars;

(c)
Land application, land reclamation, surface disposal, or any other
disposal method not specified in division (X)(3)(a) or (b) of this
section: twenty thousand dollars.

(4)(a)
In the case of an entity that generates sewage sludge or a sewage
sludge facility that treats sewage sludge and transfers the sewage
sludge to an incineration facility for disposal, the incineration
facility, and not the entity generating the sewage sludge or the
sewage sludge facility treating the sewage sludge, shall pay the
annual sludge fee for the tons of sewage sludge that are transferred.
However, the entity or facility generating or treating the sewage
sludge shall pay the one-hundred-dollar minimum fee required under
division (X)(2)(a) of this section.

(b)
In the case of an entity that generates sewage sludge and transfers
the sewage sludge to a landfill for disposal or to a sewage sludge
facility for land reclamation or surface disposal, the entity
generating the sewage sludge, and not the landfill or sewage sludge
facility, shall pay the annual sludge fee for the tons of sewage
sludge that are transferred.

(5)
Not later than the first day of April of the calendar year following
March 17, 2000, and each first day of April thereafter, the director
shall issue invoices to persons who are required to pay the annual
sludge fee. The invoice shall identify the nature and amount of the
annual sludge fee assessed and state the first day of May as the
deadline for receipt by the director of objections regarding the
amount of the fee and the first day of July as the deadline for
payment of the fee.

Not
later than the first day of May following receipt of an invoice, a
person required to pay the annual sludge fee may submit objections to
the director concerning the accuracy of information regarding the
number of dry tons of sewage sludge used to calculate the amount of
the annual sludge fee or regarding whether the sewage sludge
qualifies for the exceptional quality sludge discount established in
division (X)(2)(b) of this section. The director may consider the
objections and adjust the amount of the fee to ensure that it is
accurate.

If
the director does not adjust the amount of the annual sludge fee in
response to a person's objections, the person may appeal the
director's determination in accordance with Chapter 119. of the
Revised Code.

Not
later than the first day of June, the director shall notify the
objecting person regarding whether the director has found the
objections to be valid and the reasons for the finding. If the
director finds the objections to be valid and adjusts the amount of
the annual sludge fee accordingly, the director shall issue with the
notification a new invoice to the person identifying the amount of
the annual sludge fee assessed and stating the first day of July as
the deadline for payment.

Not
later than the first day of July, any person who is required to do so
shall pay the annual sludge fee. Any person who is required to pay
the fee, but who fails to do so on or before that date shall pay an
additional amount that equals ten per cent of the required annual
sludge fee.

(6)
The director shall transmit all moneys collected under division (X)
of this section to the treasurer of state for deposit into the
surface water protection fund created in section 6111.038 of the
Revised Code. The moneys shall be used to defray the costs of
administering and enforcing provisions in Chapter 6111. of the
Revised Code and rules adopted under it that govern the use, storage,
treatment, or disposal of sewage sludge.

(7)
Beginning in fiscal year 2001, and every two years thereafter, the
director shall review the total amount of moneys generated by the
annual sludge fees to determine if that amount exceeded six hundred
thousand dollars in either of the two preceding fiscal years. If the
total amount of moneys in the fund exceeded six hundred thousand
dollars in either fiscal year, the director, after review of the fee
structure and consultation with affected persons, shall issue an
order reducing the amount of the fees levied under division (X) of
this section so that the estimated amount of moneys resulting from
the fees will not exceed six hundred thousand dollars in any fiscal
year.

If,
upon review of the fees under division (X)(7) of this section and
after the fees have been reduced, the director determines that the
total amount of moneys collected and accumulated is less than six
hundred thousand dollars, the director, after review of the fee
structure and consultation with affected persons, may issue an order
increasing the amount of the fees levied under division (X) of this
section so that the estimated amount of moneys resulting from the
fees will be approximately six hundred thousand dollars. Fees shall
never be increased to an amount exceeding the amount specified in
division (X)(7) of this section.

Notwithstanding
section 119.06 of the Revised Code, the director may issue an order
under division (X)(7) of this section without the necessity to hold
an adjudicatory hearing in connection with the order. The issuance of
an order under this division is not an act or action for purposes of
section 3745.04 of the Revised Code.

(8)
As used in division (X) of this section:

(a)
"Sewage sludge facility" means an entity that performs
treatment on or is responsible for the disposal of sewage sludge.

(b)
"Sewage sludge" means a solid, semi-solid, or liquid
residue generated during the treatment of domestic sewage in a
treatment works as defined in section 6111.01 of the Revised Code.
"Sewage sludge" includes, but is not limited to, scum or
solids removed in primary, secondary, or advanced wastewater
treatment processes. "Sewage sludge" does not include ash
generated during the firing of sewage sludge in a sewage sludge
incinerator, grit and screenings generated during preliminary
treatment of domestic sewage in a treatment works, animal manure,
residue generated during treatment of animal manure, or domestic
septage.

(c)
"Exceptional quality sludge" means sewage sludge that meets
all of the following qualifications:

(i)
Satisfies the class A pathogen standards in 40 C.F.R. 503.32(a);

(ii)
Satisfies one of the vector attraction reduction requirements in 40
C.F.R. 503.33(b)(1) to (b)(8);

(iii)
Does not exceed the ceiling concentration limitations for metals
listed in table one of 40 C.F.R. 503.13;

(iv)
Does not exceed the concentration limitations for metals listed in
table three of 40 C.F.R. 503.13.

(d)
"Treatment" means the preparation of sewage sludge for
final use or disposal and includes, but is not limited to,
thickening, stabilization, and dewatering of sewage sludge.

(e)
"Disposal" means the final use of sewage sludge, including,
but not limited to, land application, land reclamation, surface
disposal, or disposal in a landfill or an incinerator.

(f)
"Land application" means the spraying or spreading of
sewage sludge onto the land surface, the injection of sewage sludge
below the land surface, or the incorporation of sewage sludge into
the soil for the purposes of conditioning the soil or fertilizing
crops or vegetation grown in the soil.

(g)
"Land reclamation" means the returning of disturbed land to
productive use.

(h)
"Surface disposal" means the placement of sludge on an area
of land for disposal, including, but not limited to, monofills,
surface impoundments, lagoons, waste piles, or dedicated disposal
sites.

(i)
"Incinerator" means an entity that disposes of sewage
sludge through the combustion of organic matter and inorganic matter
in sewage sludge by high temperatures in an enclosed device.

(j)
"Incineration facility" includes all incinerators owned or
operated by the same entity and located on a contiguous tract of
land. Areas of land are considered to be contiguous even if they are
separated by a public road or highway.

(k)
"Annual sludge fee" means the fee assessed under division
(X)(1) of this section.

(l)
"Landfill" means a sanitary landfill facility, as defined
in rules adopted under section 3734.02 of the Revised Code, that is
licensed under section 3734.05 of the Revised Code.

(m)
"Preexisting land reclamation project" means a
property-specific land reclamation project that has been in
continuous operation for not less than five years pursuant to
approval of the activity by the director and includes the
implementation of a community outreach program concerning the
activity.

Sec.
3746.04.
The
director of environmental protection, in accordance with Chapter 119.
of the Revised Code, shall adopt, and subsequently may amend,
suspend, or rescind, rules that do both of the following:

(A)
Revise the rules adopted under Chapters 3704., 3714., 3734., 6109.,
and 6111. of the Revised Code to incorporate the provisions necessary
to conform those rules to the requirements of this chapter. The
amended rules adopted under this division also shall establish
response times for all submittals to the environmental protection
agency required under this chapter or rules adopted under it.

(B)
Establish
requirements
and procedures that are reasonably necessary for the implementation
and administration of this chapter, including, without limitation,

all
of the following:

(1)
Appropriate generic numerical clean-up standards for the treatment or
removal of soils, sediments, and water media for hazardous substances
and petroleum. The rules shall establish separate generic numerical
clean-up standards based upon the intended use of properties after
the completion of voluntary actions, including industrial,
commercial, and residential uses and such other categories of land
use as the director considers to be appropriate. The generic
numerical clean-up standards established for each category of land
use shall be the concentration of each contaminant that may be
present on a property that shall ensure protection of public health
and safety and the environment for the reasonable exposure for that
category of land use. When developing the standards, the director
shall consider such factors as all of the following:

(a)
Scientific information, including, without limitation, toxicological
information and realistic assumptions regarding human and
environmental exposure to hazardous substances or petroleum;

(b)
Climatic factors;

(c)
Human activity patterns;

(d)
Current statistical techniques;

(e)
For petroleum at industrial property, alternatives to the use of
total petroleum hydrocarbons.

The
generic numerical clean-up standards established in the rules adopted
under division (B)(1) of this section shall be consistent with and
equivalent in scope, content, and coverage to any applicable standard
established by federal environmental laws and regulations adopted
under them, including, without limitation, the "Federal Water
Pollution Control Act Amendments of 1972," 86 Stat. 886, 33
U.S.C.A. 1251, as amended; the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended; the "Toxic Substances Control Act," 90 Stat. 2003
(1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive
Environmental Response, Compensation, and Liability Act of 1980,"
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as
amended.

In
order for the rules adopted under division (B)(1) of this section to
require that any such federal environmental standard apply to a
property, the property shall meet the requirements of the particular
federal statute or regulation involved in the manner specified by the
statute or regulation.

The
generic numerical clean-up standards for petroleum at commercial or
residential property shall be the standards established in rules
adopted under division (B) of section 3737.882 of the Revised Code.

(2)(a)
Procedures for performing property-specific risk assessments that
would be performed at a property to demonstrate that the remedy
evaluated in a risk assessment results in protection of public health
and safety and the environment instead of complying with the generic
numerical clean-up standards established in the rules adopted under
division (B)(1) of this section. The risk assessment procedures shall
describe a methodology to establish, on a property-specific basis,
allowable levels of contamination to remain at a property to ensure
protection of public health and safety and the environment on the
property and off the property when the contamination is emanating off
the property, taking into account all of the following:

(i)
The implementation of treatment, storage, or disposal, or a
combination thereof, of hazardous substances or petroleum;

(ii)
The existence of institutional controls or activity and use
limitations that eliminate or mitigate exposure to hazardous
substances or petroleum through the restriction of access to
hazardous substances or petroleum;

(iii)
The existence of engineering controls that eliminate or mitigate
exposure to hazardous substances or petroleum through containment of,
control of, or restrictions of access to hazardous substances or
petroleum, including, without limitation, fences, cap systems, cover
systems, and landscaping.

(b)
The risk assessment procedures and levels of acceptable risk set
forth in the rules adopted under division (B)(2) of this section
shall be based upon all of the following:

(i)
Scientific information, including, without limitation, toxicological
information and actual or proposed human and environmental exposure;

(ii)
Locational and climatic factors;

(iii)
Surrounding land use and human activities;

(iv)
Differing levels of remediation that may be required when an existing
land use is continued compared to when a different land use follows
the remediation.

(c)
Any standards established pursuant to rules adopted under division
(B)(2) of this section shall be no more stringent than standards
established under the environmental statutes of this state and rules
adopted under them for the same contaminant in the same environmental
medium that are in effect at the time the risk assessment is
conducted.

(3)
Minimum standards for phase I property assessments. The standards
shall specify the information needed to demonstrate that there is no
reason to believe that contamination exists on a property. The rules
adopted under division (B)(3) of this section, at a minimum, shall
require that a phase I property assessment include all of the
following:

(a)
A review and analysis of deeds, mortgages, easements of record, and
similar documents relating to the chain of title to the property that
are publicly available or that are known to and reasonably available
to the owner or operator;

(b)
A review and analysis of any previous environmental assessments,
property assessments, environmental studies, or geologic studies of
the property and any land within two thousand feet of the boundaries
of the property that are publicly available or that are known to and
reasonably available to the owner or operator;

(c)
A review of current and past environmental compliance histories of
persons who owned or operated the property;

(d)
A review of aerial photographs of the property that indicate prior
uses of the property;

(e)
Interviews with managers of activities conducted at the property who
have knowledge of environmental conditions at the property;

(f)
Conducting an inspection of the property consisting of a walkover;

(g)
Identifying the current and past uses of the property, adjoining
tracts of land, and the area surrounding the property, including,
without limitation, interviews with persons who reside or have
resided, or who are or were employed, within the area surrounding the
property regarding the current and past uses of the property and
adjacent tracts of land.

The
rules adopted under division (B)(3) of this section shall establish
criteria to determine when a phase II property assessment shall be
conducted when a phase I property assessment reveals facts that
establish a reason to believe that hazardous substances or petroleum
have been treated, stored, managed, or disposed of on the property if
the person undertaking the phase I property assessment wishes to
obtain a covenant not to sue under section 3746.12 of the Revised
Code.

(4)
Minimum standards for phase II property assessments. The standards
shall specify the information needed to demonstrate that any
contamination present at the property does not exceed applicable
standards or that the remedial activities conducted at the property
have achieved compliance with applicable standards. The rules adopted
under division (B)(4) of this section, at a minimum, shall require
that a phase II property assessment include all of the following:

(a)
A review and analysis of all documentation prepared in connection
with a phase I property assessment conducted within the one hundred
eighty days before the phase II property assessment begins. The rules
adopted under division (B)(4)(a) of this section shall require that
if a period of more than one hundred eighty days has passed between
the time that the phase I assessment of the property was completed
and the phase II assessment begins, the phase II assessment shall
include a reasonable inquiry into the change in the environmental
condition of the property during the intervening period.

(b)
Quality assurance objectives for measurements taken in connection
with a phase II assessment;

(c)
Sampling procedures to ensure the representative sampling of
potentially contaminated environmental media;

(d)
Quality assurance and quality control requirements for samples
collected in connection with phase II assessments;

(e)
Analytical and data assessment procedures;

(f)
Data objectives to ensure that samples collected in connection with
phase II assessments are biased toward areas where information
indicates that contamination by hazardous substances or petroleum is
likely to exist.

(5)
Standards governing the conduct of certified professionals, criteria
and procedures for the certification of professionals to issue no
further action letters under section 3746.11 of the Revised Code, and
criteria for the suspension and revocation of those certifications.
The director shall take an action regarding a certification as a
final action. The issuance, denial, renewal, suspension, and
revocation of those certifications are subject to Chapter 3745. of
the Revised Code, except that, in lieu of publishing an action
regarding a certification in a newspaper of general circulation as
required in section 3745.07 of the Revised Code, such an action shall
be published on the environmental protection agency's web site and in
the agency's weekly review not later than fifteen days after the date
of the issuance, denial, renewal, suspension, or revocation of the
certification and not later than thirty days before a hearing or
public meeting concerning the action.

The
rules adopted under division (B)(5) of this section shall do all of
the following:

(a)
Provide for the certification of environmental professionals to issue
no further action letters pertaining to investigations and remedies
in accordance with the criteria and procedures set forth in the
rules. The rules adopted under division (B)(5)(a) of this section
shall do at least all of the following:

(i)
Authorize the director to consider such factors as an environmental
professional's previous performance record regarding such
investigations and remedies and the environmental professional's
environmental compliance history when determining whether to certify
the environmental professional;

(ii)
Ensure that an application for certification is reviewed in a timely
manner;

(iii)
Require the director to certify any environmental professional who
the director determines complies with those criteria;

(iv)
Require the director to deny certification for any environmental
professional who does not comply with those criteria.

(b)
Establish an annual fee to be paid by environmental professionals
certified pursuant to the rules adopted under division (B)(5)(a) of
this section. The fee shall be established at an amount calculated to
defray the costs to the agency for the required reviews of the
qualifications of environmental professionals for certification and
for the issuance of the certifications.

(c)
Develop a schedule for and establish requirements governing the
review by the director of the credentials of environmental
professionals who were deemed to be certified professionals before

the
effective date of this amendment
September
30, 2021,
in
order to determine if they comply with the criteria established in
rules adopted under division (B)(5) of this section. The rules
adopted under division (B)(5)(c) of this section shall do at least
all of the following:

(i)
Ensure that the review is conducted in a timely fashion;

(ii)
Require the director to certify any such environmental professional
who the director determines complies with those criteria;

(iii)
Require any such environmental professional initially to pay the fee
established in the rules adopted under division (B)(5)(b) of this
section at the time that the environmental professional is so
certified by the director;

(iv)
Establish a time period within which any such environmental
professional who does not comply with those criteria may obtain the
credentials that are necessary for certification;

(v)
Require the director to deny certification for any such environmental
professional who does not comply with those criteria and who fails to
obtain the necessary credentials within the established time period.

(d)
Require that any information submitted to the director for the
purposes of the rules adopted under division (B)(5)(a) or (c) of this
section comply with division (A) of section 3746.20 of the Revised
Code;

(e)
Authorize the director to suspend or revoke the certification of an
environmental professional if the director finds that the
environmental professional's performance has resulted in the issuance
of no further action letters under section 3746.11 of the Revised
Code that are not consistent with applicable standards or finds that
the certified environmental professional has not substantially
complied with section 3746.31 of the Revised Code;

(f)
Authorize the director to suspend for a period of not more than five
years or to permanently revoke a certified environmental
professional's certification for any violation of or failure to
comply with an ethical standard established in rules adopted under
division (B)(5) of this section;

(g)
Require the director to revoke the certification of an environmental
professional if the director finds that the environmental
professional falsified any information on the environmental
professional's application for certification regarding the
environmental professional's credentials or qualifications or any
other information generated for the purposes of or use under this
chapter or rules adopted under it;

(h)
Require the director permanently to revoke the certification of an
environmental professional who has violated or is violating division
(A) of section 3746.18 of the Revised Code;

(i)
Preclude the director from revoking the certification of an
environmental professional who only conducts investigations and
remedies at property contaminated solely with petroleum unless the
director first consults with the director of commerce.

(6)
Information to be included in a no further action letter prepared
under section 3746.11 of the Revised Code, including, without
limitation, all of the following:

(a)
A summary of the information required to be submitted to the
certified environmental professional preparing the no further action
letter under division (C) of section 3746.10 of the Revised Code;

(b)
Notification that a risk assessment was performed in accordance with
rules adopted under division (B)(2) of this section if such an
assessment was used in lieu of generic numerical clean-up standards
established in rules adopted under division (B)(1) of this section;

(c)
The contaminants addressed at the property, if any, their source, if
known, and their levels prior to remediation;

(d)
The identity of any other person who performed work to support the
request for the no further action letter as provided in division
(B)(2) of section 3746.10 of the Revised Code and the nature and
scope of the work performed by that person;

(e)
A list of the data, information, records, and documents relied upon
by the certified environmental professional in preparing the no
further action letter.

(7)
Methods for determining fees to be paid for the following services
provided by the agency under this chapter and rules adopted under it:

(a)
Site- or property-specific technical assistance in developing or
implementing plans in connection with a voluntary action;

(b)
Reviewing applications for and issuing consolidated standards permits
under section 3746.15 of the Revised Code and monitoring compliance
with those permits;

(c)
Negotiating, preparing, and entering into agreements necessary for
the implementation and administration of this chapter and rules
adopted under it;

(d)
Reviewing no further action letters, issuing covenants not to sue,
and monitoring compliance with any terms and conditions of those
covenants and with operation and maintenance agreements entered into
pursuant to those covenants, including, without limitation,
conducting audits of properties where voluntary actions are being or
were conducted under this chapter and rules adopted under it.

The
fees established pursuant to the rules adopted under division (B)(7)
of this section shall be at a level sufficient to defray the direct
and indirect costs incurred by the agency for the administration and
enforcement of this chapter and rules adopted under it other than the
provisions regarding the certification of professionals and
laboratories.

(8)
Criteria for selecting the no further action letters issued under
section 3746.11 of the Revised Code that will be audited under
section 3746.17 of the Revised Code, and the scope and procedures for
conducting those audits. The rules adopted under division (B)(8) of
this section, at a minimum, shall require the director to establish
priorities for auditing no further action letters to which any of the
following applies:

(a)
The letter was prepared by an environmental professional who was
deemed to be a certified professional before
the
effective date of this amendment
September
30, 2021
,
but who does not comply with the criteria established in rules
adopted under division (B)(5) of this section as determined pursuant
to rules adopted under division (B)(5)(d) of this section;

(b)
The letter was submitted fraudulently;

(c)
The letter was prepared by a certified environmental professional
whose certification subsequently was revoked in accordance with rules
adopted under division (B)(5) of this section, or analyses were
performed for the purposes of the no further action letter by a
certified laboratory whose certification was revoked before
the
effective date of this amendment
September
30, 2021,
or
a laboratory that is not an accredited laboratory;

(d)
A covenant not to sue that was issued pursuant to the letter was
revoked under this chapter;

(e)
The letter was for a voluntary action that was conducted pursuant to
a risk assessment in accordance with rules adopted under division
(B)(2) of this section;

(f)
The letter was for a voluntary action that included as remedial
activities engineering controls or institutional controls or activity
and use limitations authorized under section 3746.05 of the Revised
Code.

The
rules adopted under division (B)(8) of this section shall provide for
random audits of no further action letters to which the rules adopted
under divisions (B)(8)(a) to (f) of this section do not apply.

(9)
A classification system to characterize ground water according to its
capability to be used for human use and its impact on the environment
and a methodology that shall be used to determine when ground water
that has become contaminated from sources on a property for which a
covenant not to sue is requested under section 3746.11 of the Revised
Code shall be remediated to the standards established in the rules
adopted under division (B)(1) or (2) of this section.

(a)
In adopting rules under division (B)(9) of this section to
characterize ground water according to its capability for human use,
the director shall consider all of the following:

(i)
The presence of legally enforceable, reliable restrictions on the use
of ground water, including, without limitation, local rules or
ordinances;

(ii)
The presence of regional commingled contamination from multiple
sources that diminishes the quality of ground water;

(iii)
The natural quality of ground water;

(iv)
Regional availability of ground water and reasonable alternative
sources of drinking water;

(v)
The productivity of the aquifer;

(vi)
The presence of restrictions on the use of ground water implemented
under this chapter and rules adopted under it;

(vii)
The existing use of ground water.

(b)
In adopting rules under division (B)(9) of this section to
characterize ground water according to its impacts on the
environment, the director shall consider both of the following:

(i)
The risks posed to humans, fauna, surface water, sediments, soil,
air, and other resources by the continuing presence of contaminated
ground water;

(ii)
The availability and feasibility of technology to remedy ground water
contamination.

(10)
Governing the application for and issuance of variances under section
3746.09 of the Revised Code;

(11)(a)
In the case of voluntary actions involving contaminated ground water,
specifying the circumstances under which the generic numerical
clean-up standards established in rules adopted under division (B)(1)
of this section and standards established through a risk assessment
conducted pursuant to rules adopted under division (B)(2) of this
section shall be inapplicable to the remediation of contaminated
ground water and under which the standards for remediating
contaminated ground water shall be established on a case-by-case
basis prior to the commencement of the voluntary action pursuant to
rules adopted under division (B)(11)(b) of this section;

(b)
Criteria and procedures for the case-by-case establishment of
standards for the remediation of contaminated ground water under
circumstances in which the use of the generic numerical clean-up
standards and standards established through a risk assessment are
precluded by the rules adopted under division (B)(11)(a) of this
section. The rules governing the procedures for the case-by-case
development of standards for the remediation of contaminated ground
water shall establish application, public participation,
adjudication, and appeals requirements and procedures that are
equivalent to the requirements and procedures established in section
3746.09 of the Revised Code and rules adopted under division (B)(10)
of this section, except that the procedural rules shall not require
an applicant to make the demonstrations set forth in divisions (A)(1)
to (3) of section 3746.09 of the Revised Code.

(12)
A definition of the evidence that constitutes sufficient evidence for
the purpose of division (A)(5) of section 3746.02 of the Revised
Code.

At
least thirty days before filing the proposed rules required to be
adopted under this section with the secretary of state, director of
the legislative service commission, and joint committee on agency
rule review in accordance with divisions (B) and (C) of section
119.03 of the Revised Code, the director of environmental protection
shall hold at least one public meeting on the proposed rules in each
of the five districts into which the agency has divided the state for
administrative purposes.

Sec.
3750.02.
(A)
There is hereby created the emergency response commission consisting
of the directors of environmental protection, health, and
administrative services, the chairperson of the public utilities
commission, the fire marshal, the director of public safety, the
director of transportation, the director of natural resources, the
superintendent of the highway patrol, and the attorney general as
members ex officio, or their designees; notwithstanding section
101.26 of the Revised Code, a member of the house of representatives
appointed by the speaker of the house of representatives and a member
of the senate appointed by the president of the senate, who may
participate fully in all the commission's deliberations and
activities, except that they shall serve as nonvoting members; and
ten members to be appointed by the governor with the advice and
consent of the senate. The appointed members, to the extent
practicable, shall have technical expertise in the field of emergency
response. Of the appointed members, two shall represent environmental
advocacy organizations, one shall represent the interests of
petroleum refiners or marketers or chemical manufacturers, one shall
represent the interests of another industry subject to this chapter,
one shall represent the interests of municipal corporations, one
shall represent the interests of counties, one shall represent the
interests of chiefs of fire departments, one shall represent the
interests of professional firefighters, one shall represent the
interests of volunteer firefighters, and one shall represent the
interests of local emergency management agencies.

An
appointed member of the commission also may serve as a member of the
local emergency planning committee of an emergency planning district.
An appointed member of the commission who is also a member of a local
emergency planning committee shall not participate as a member of the
commission in the appointment of members of the local emergency
planning committee of which the member is a member, in the review of
the chemical emergency response and preparedness plan submitted by
the local emergency planning committee of which the member is a
member, in any vote to approve a grant to the member's district, or
in any vote of the commission on any motion or resolution pertaining
specifically to the member's district or the local emergency planning
committee on which the member serves. A commission member who is also
a member of a local emergency planning committee shall not lobby or
otherwise act as an advocate for the member's district to other
members of the commission to obtain from the commission anything of
value for the member's district or the local emergency planning
committee of which the member is a member. A member of the commission
who is also a member of a local emergency planning committee may vote
on resolutions of the commission that apply uniformly to all local
emergency planning committees and districts in the state and do not
provide a grant or other pecuniary benefit to the member's district
or the committee of which the member is a member.

The
governor shall make the initial appointments to the commission within
thirty days after December 14, 1988. Of the initial appointments to
the commission, five shall be for a term of two years and five shall
be for a term of one year. Thereafter, terms of office of the
appointed members of the commission shall be for two years, with each
term ending on the same day of the same month as did the term that it
succeeds. Each member shall hold office from the date of appointment
until the end of the term for which the member was appointed. Members
may be reappointed. Vacancies shall be filled in the manner provided
for original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration of the term for which the member's
predecessor was appointed shall hold office for the remainder of that
term. A member shall continue in office subsequent to the expiration
date of the member's term until the member's successor takes office
or until a period of sixty days has elapsed, whichever occurs first.
The commission may at any time by a vote of two-thirds of all the
members remove any appointed member of the commission for
misfeasance, nonfeasance, or malfeasance. Members of the commission
shall serve without compensation, but shall be reimbursed for the
reasonable expenses incurred by them in the discharge of their duties
as members of the commission.

The
commission shall meet at least annually and shall hold such
additional meetings as are necessary to implement and administer this
chapter. Additional meetings may be held at the behest of either a
co-chairperson or a majority of the members. The commission shall, by
adoption of internal management rules under division (B)(9) of this
section, establish an executive committee and delegate to it the
performance of such of the commission's duties and powers under this
chapter as are required or authorized to be so delegated by that
division. The commission may organize itself into such additional
committees as it considers necessary or convenient to implement and
administer this chapter. The director of environmental protection and
the director of public safety or their designees shall serve as
co-chairpersons of the commission and the executive committee. Except
as otherwise provided in this chapter, a majority of the voting
members of the commission constitutes a quorum and the affirmative
vote of a majority of the voting members of the commission is
necessary for any action taken by the commission. Meetings of the
executive committee conducted for the purpose of determining whether
to issue an enforcement order or request that a civil action, civil
penalty action, or criminal action be brought to enforce this chapter
or rules adopted or orders issued under it are not subject to section
121.22 of the Revised Code pursuant to division (D) of that section.

Except
for the purposes of Chapters 102. and 2921. and sections 9.86 and
109.36 to
109.366

109.365

of
the Revised Code, serving as an appointed member of the commission
does not constitute holding a public office or position of employment
under the laws of this state and does not constitute grounds for
removal of public officers or employees from their offices or
positions of employment.

(B)
The commission shall:

(1)
Adopt rules in accordance with Chapter 119. of the Revised Code that
are consistent with and equivalent in scope, content, and coverage to
the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and applicable
regulations adopted under it:

(a)
Identifying or listing extremely hazardous substances and
establishing a threshold planning quantity for each such substance.
To the extent consistent with that act and applicable regulations
adopted under it, the rules may establish threshold planning
quantities based upon classes of those substances or categories of
facilities at which such substances are present.

(b)
Listing hazardous chemicals, establishing threshold quantities for
those chemicals, establishing categories of health and physical
hazards of those chemicals, establishing criteria or procedures for
identifying those chemicals and the appropriate hazard categories of
those chemicals, and establishing ranges of quantities for those
chemicals to be used in preparing emergency and hazardous chemical
inventory forms under section 3750.08 of the Revised Code. To the
extent consistent with that act and applicable regulations adopted
under it, the rules may establish threshold quantities based upon
classes of those chemicals or categories of facilities where those
chemicals are present.

To
the extent consistent with that act, the threshold quantities for
purposes of the submission of lists of hazardous chemicals under
section 3750.07 and the submission of emergency and hazardous
chemical inventory forms under section 3750.08 of the Revised Code
may differ.

(c)
Identifying or listing hazardous substances and establishing
reportable quantities of each of those substances and each extremely
hazardous substance. In addition to being consistent with and
equivalent in scope, content, and coverage to that act and applicable
regulations adopted under it, the rules shall be consistent with and
equivalent in scope, content, and coverage to regulations identifying
or listing hazardous substances and reportable quantities of those
substances adopted under the "Comprehensive Environmental
Response, Compensation, and Liability Act of 1980," 94 Stat.
2779, 42 U.S.C.A. 9602, as amended.

(d)
Prescribing the information to be included in the lists of hazardous
chemicals required to be submitted under section 3750.07 of the
Revised Code;

(e)
Prescribing the information to be included in the emergency and
hazardous chemical inventory forms required to be submitted under
section 3750.08 of the Revised Code. If the commission establishes
its own emergency and hazardous chemical inventory form, the rules
shall authorize owners and operators of facilities who also have one
or more facilities located outside the state for which they are
required to submit inventory forms under the federal act and
regulations adopted under it to submit their annual inventories on
forms prescribed by the administrator of the United States
environmental protection agency under that act instead of on forms
prescribed by the commission and shall require those owners or
operators to submit any additional information required by the
commission's inventory form on an attachment to the federal form.

(f)
Establishing procedures for giving verbal notice of releases under
section 3750.06 of the Revised Code and prescribing the information
to be provided in such a notice and in the follow-up written notice
required by that section;

(g)
Establishing standards for determining valid needs for the release of
tier II information under division (B)(4) of section 3750.10 of the
Revised Code;

(h)
Identifying the types or categories of information submitted or
obtained under this chapter and rules adopted under it that
constitute confidential business information;

(i)
Establishing criteria and procedures to protect trade secret and
confidential business information from unauthorized disclosure
;

(j)
Establishing other requirements or authorizations that the commission
considers necessary or appropriate to implement, administer, and
enforce this chapter
.

(2)
Adopt rules in accordance with Chapter 119. of the Revised Code to
implement and administer this chapter that may be more stringent than
the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations
adopted under it. Rules adopted under division (B)(2) of this section
shall not be inconsistent with that act or the regulations adopted
under it. The rules shall:

(a)
Prescribe the information to be included in the chemical emergency
response and preparedness plans prepared and submitted by local
emergency planning committees under section 3750.04 of the Revised
Code;

(b)
Establish criteria and procedures for reviewing the chemical
emergency response and preparedness plans of local emergency planning
committees required by section 3750.04 of the Revised Code and the
annual exercise of those plans and for providing concurrence or
requesting modifications in the plans and the exercise of those
plans. The criteria shall include, without limitation, the
requirement that each exercise of a committee's plan involve, in
addition to local emergency response and medical personnel, either a
facility that is subject to the plan or a transporter of materials
that are identified or listed as hazardous materials by regulations
adopted under the "Hazardous Materials Transportation Act,"
88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended.

(c)
Establish policies and procedures for maintaining information
submitted to the commission and local emergency planning committees
under this chapter, and for receiving and fulfilling requests from
the public for access to review and to obtain copies of that
information. The criteria and procedures shall include the following
requirements and authorizations regarding that information and access
to it:

(i)
Information that is protected as trade secret information or
confidential business information under this chapter and rules
adopted under it shall be kept in files that are separate from those
containing information that is not so protected.

(ii)
The original copies of information submitted to the commission or
committee shall not be removed from the custody and control of the
commission or committee.

(iii)
A person who, either in person or by mail, requests to obtain a copy
of a material safety data sheet submitted under this chapter by a
facility owner or operator shall submit a separate application for
each facility for which a material safety data sheet is being
requested.

(iv)
A person who requests to receive by mail a copy of information
submitted under this chapter by a facility owner or operator shall
submit a separate application for each facility for which information
is being requested and shall specify both the facility for which
information is being requested and the particular types of documents
requested.

(v)
Only employees of the commission or committee shall copy information
in the files of the commission or committee.

(vi)
The commission or committee may require any person who requests to
review or obtain a copy of information in its files to schedule an
appointment for that purpose with the information coordinator of the
commission or committee at least twenty-four hours before arriving at
the office of the commission or committee for the review or copy.

(vii)
Any person who seeks access to information in the files of the
commission or a local emergency planning committee shall submit a
written application, either in person or by mail, to the information
coordinator on a form provided by the commission or committee. The
person also shall provide the person's name and current mailing
address on the application and may be requested by the commission or
committee to provide basic demographic information on the form to
assist in the evaluation of the information access provisions of this
chapter and rules adopted under it. Application forms may be obtained
by mail or in person or by request by telephone at the office of the
commission or committee during regular business hours. Upon receipt
of a request for an application by telephone or mail, the information
coordinator shall promptly mail an application to the person who
requested it.

(viii)
The application form shall provide the applicant with a means of
indicating that the applicant's name and address are to be kept
confidential. If the applicant so indicates, that information is not
a public record under section 149.43 of the Revised Code and shall
not be disclosed to any person who is not a member or employee of the
commission or committee or an employee of the environmental
protection agency. When a name and address are to be kept
confidential, they also shall be deleted from the copy of the
application required to be placed in the file of the facility under
division (B)(2)(c)(xii) of this section and shall be withheld from
any log of information requests kept by the commission or committee
pursuant to that division.

(ix)
Neither the commission nor a local emergency planning committee shall
charge any fee for access to review information in its files when no
copies or computer searches of that information are requested.

(x)
An applicant shall be informed of the cost of copying, mailing, or
conducting a computer search of information on file with the
commission or committee before such a copy or search is made, and the
commission or committee shall collect the appropriate fees as
established under section 3750.13 of the Revised Code. Each applicant
shall acknowledge on the application form that the applicant is aware
that the applicant will be charged for copies and computer searches
of that information the applicant requests and for the costs of
mailing copies of the information to the applicant.

(xi)
The commission or committee may require a person requesting copies of
information on file with it to take delivery of them in the office of
the commission or committee whenever it considers the volume of the
information to be large enough to make mailing or delivery by a
parcel or package delivery service impractical.

(xii)
When the commission or committee receives a request for access to
review or obtain copies of information in its files, it shall not
routinely notify the owner or operator of the facility involved, but
instead shall either keep a log or file of requests for the
information or shall place a copy of each completed application form
in the file for the facility to which the application pertains. Such
a log or file shall be available for review by the public and by the
owners and operators of facilities required to submit information to
the commission or committee under this chapter and rules adopted
under it.

(d)
Require that claims for the protection, as a trade secret, of
information obtained under this chapter regarding extremely hazardous
substances identified or listed in rules adopted under division
(B)(1)(a) of this section and hazardous chemicals identified or
listed in rules adopted under division (B)(1)(b) of this section be
submitted to the administrator of the United States environmental
protection agency for determination under section 322 of the
the

"Emergency
Planning and Community Right-To-Know Act of 1986," 100 Stat.
1747, 42 U.S.C.A. 11042, and regulations adopted under that section;

(e)
Establish criteria and procedures for the issuance of variances under
divisions (B) and (C) of section 3750.11 of the Revised Code. The
rules shall require that, before approval of an application for a
variance, the commission or committee find by a preponderance of the
scientific evidence based upon generally accepted scientific
principles or laboratory tests that the extremely hazardous
substances, hazardous chemicals, or hazardous substances that would
be subject to the reporting requirement pose a substantial risk of
catastrophic injury to public health or safety or to the environment,
or pose an extraordinary risk of injury to emergency management
personnel responding to a release of the chemicals or substances,
when the substances or chemicals are present at a facility in an
amount equal to or exceeding the quantity for which reporting would
be required under the reporting requirement for which the variance is
sought. The rules shall also require that before approval of an
application for a variance, the commission or committee find by a
preponderance of the evidence that the development and implementation
of a local emergency response plan for releases of the substances or
chemicals covered by the reporting requirement will reduce the risk
of catastrophic injury to public health or safety or to the
environment, or will reduce the extraordinary risk of injury to
responding emergency management personnel, in the event of a release
of the substances or chemicals and find by a preponderance of the
evidence that the reporting requirement is necessary for the
development of such a local emergency response plan. The rules shall
require that when determining whether the substances or chemicals
that would be subject to the reporting requirement pose a substantial
risk of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to emergency
management personnel responding to a release of the substance or
chemical, the commission or committee consider all of the following
factors:

(i)
The specific characteristics and degree and nature of the hazards
posed by a release of the extremely hazardous substances, hazardous
chemicals, or hazardous substances;

(ii)
The proximity of the facilities that would be subject to the
reporting requirement to residential areas, to areas where
significantly large numbers of people are employed or otherwise
congregate, and to environmental resources that are subject to
injury;

(iii)
The quantities of the extremely hazardous substances, hazardous
chemicals, or hazardous substances that are routinely present at
facilities that would be subject to the reporting requirement;

(iv)
The frequency with which the extremely hazardous substances,
hazardous chemicals, or hazardous substances are present at the
facilities that would be subject to the reporting requirement in
quantities for which reporting would be required thereunder.

(f)
Establish criteria and procedures for the issuance of orders under
division (D) of section 3750.11 of the Revised Code requiring the
placement of emergency response lock box units. The rules shall
require that before approval of an application for issuance of such
an order, the commission or committee find by a preponderance of the
scientific evidence based upon generally accepted scientific
principles or laboratory tests that the presence of the extremely
hazardous substances, hazardous chemicals, or hazardous substances in
the quantities in which they are routinely or intermittently present
at the facility for which the order is sought pose a substantial risk
of catastrophic injury to public health or safety or to the
environment, or pose an extraordinary risk of injury to responding
emergency management personnel, in the event of a release of any of
those substances or chemicals from the facility. The rules shall
require that before approval of an application for issuance of such
an order, the commission or committee also find by a preponderance of
the evidence that the placement of an emergency response lock box
unit at the facility is necessary to protect against the substantial
risk of catastrophic injury to public health or safety or the
environment, or to protect against an extraordinary risk of injury to
responding emergency management personnel, in the event of a release
of any of the extremely hazardous substances, hazardous chemicals, or
hazardous substances routinely or intermittently present at the
facility. The rules shall require that when determining whether the
extremely hazardous substances, hazardous chemicals, or hazardous
substances present at the facility pose a substantial risk of
catastrophic injury to public health or safety or to the environment,
or pose an extraordinary risk of injury to responding emergency
management personnel, in the event of a release of any of those
substances or chemicals from the facility, the commission or
committee consider all of the following factors:

(i)
The specific characteristics and the degree and nature of the hazards
posed by a release of the extremely hazardous substances, hazardous
chemicals, or hazardous substances present at the facility;

(ii)
The proximity of the facility to residential areas, to areas where
significantly large numbers of people are employed or otherwise
congregate, and to environmental resources that are subject to
injury;

(iii)
The quantities of the extremely hazardous substances, hazardous
chemicals, or hazardous substances that are routinely present at the
facility;

(iv)
The frequency with which the extremely hazardous substances,
hazardous chemicals, or hazardous substances are present at the
facility.

(g)
Establish procedures to be followed by the commission and the
executive committee of the commission for the issuance of orders
under this chapter.

(3)
In accordance with Chapter 119. of the Revised Code adopt rules
establishing reportable quantities for releases of oil that are
consistent with and equivalent in scope, content, and coverage to
section 311 of the "Federal Water Pollution Control Act
Amendments of 1972," 86 Stat. 862, 33 U.S.C.A. 1321, as amended,
and applicable regulations adopted under it;

(4)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing criteria and procedures for identifying or listing
extremely hazardous substances in addition to those identified or
listed in rules adopted under division (B)(1)(a) of this section and
for establishing threshold planning quantities and reportable
quantities for the added extremely hazardous substances; for
identifying or listing hazardous chemicals in addition to those
identified or listed in rules adopted under division (B)(1)(b) of
this section and for establishing threshold quantities and categories
of health and physical hazards for the added hazardous chemicals; and
for identifying or listing hazardous substances in addition to those
identified or listed in rules adopted under division (B)(1)(c) of
this section and for establishing reportable quantities for the added
hazardous substances. The criteria for identifying or listing
additional extremely hazardous substances and establishing threshold
planning quantities and reportable quantities therefor and for
identifying or listing additional hazardous chemicals and
establishing threshold quantities and categories of health and
physical hazards for the added hazardous chemicals shall be
consistent with and equivalent to applicable criteria therefor under
the "Emergency Planning and Community Right-To-Know Act of
1986," 100 Stat. 1729, 42 U.S.C.A. 11001, and regulations
adopted under it. The criteria for identifying additional hazardous
substances and for establishing reportable quantities of the added
hazardous substances shall be consistent with and equivalent to the
applicable criteria for identifying or listing hazardous substances
and establishing reportable quantities therefor under the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, and regulations adopted under it.

The
rules shall require that, before identifying or listing any such
additional extremely hazardous substance, hazardous chemical, or
hazardous substance and establishing a threshold planning quantity,
threshold quantity, or reportable quantity therefor, the commission
find by a preponderance of the scientific evidence based on generally
accepted scientific principles or laboratory tests that the substance
or chemical poses a substantial risk of catastrophic injury to public
health or safety or to the environment, or poses an extraordinary
risk of injury to emergency management personnel responding to a
release of the chemical or substance, when the chemical or substance
is present at a facility in an amount equal to the proposed threshold
planning quantity or threshold quantity or, in the instance of a
proposed additional extremely hazardous substance or hazardous
substance, poses a substantial risk of catastrophic injury to public
health or safety or to the environment if a release of the proposed
reportable quantity of the substance occurs. The rules shall further
require that, before so identifying or listing a substance or
chemical, the commission find by a preponderance of the evidence that
the development and implementation of state or local emergency
response plans for releases of the substance or chemical will reduce
the risk of a catastrophic injury to public health or safety or to
the environment, or will reduce the extraordinary risk of injury to
responding emergency response personnel, in the event of a release of
the substance or chemical and find by a preponderance of the evidence
that the identification or listing of the substance or chemical is
necessary for the development of state or local emergency response
plans for releases of the substance or chemical. The rules shall
require that the commission consider the toxicity of the substance or
chemical in terms of both the short-term and long-term health effects
resulting from exposure to it and its reactivity, volatility,
dispersibility, combustibility, and flammability when determining the
risks posed by a release of the substance or chemical and, as
appropriate, when establishing a threshold planning quantity,
threshold quantity, reportable quantity, or category of health or
physical hazard for it.

(5)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing criteria and procedures for receiving and deciding
claims for protection of information as a trade secret that are
applicable only to extremely hazardous substances and hazardous
chemicals identified or listed in rules adopted under division (C)(5)
of this section. The rules shall be equivalent in scope, content, and
coverage to section 322 of the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1747, 42 U.S.C.A. 11042,
and regulations adopted under it.

(6)(a)
After consultation with the fire marshal, adopt rules in accordance
with Chapter 119. of the Revised Code establishing standards for the
construction, placement, and use of emergency response lock box units
at facilities that are subject to this chapter. The rules shall
establish all of the following:

(i)
Specific standards of construction for lock box units;

(ii)
The specific types of information that shall be placed in the lock
box units required to be placed at a facility by an order issued
under division (D) of section 3750.11 of the Revised Code, which
shall include the location of on-site emergency fire-fighting and
spill cleanup equipment; a diagram of the public and private water
supply and sewage systems serving the facility that are known to the
owner or operator of the facility; a copy of the emergency and
hazardous chemical inventory form for the facility most recently
required to be submitted under section 3750.08 of the Revised Code
from which the owner or operator may withhold information claimed or
determined to be trade secret information pursuant to rules adopted
under division (B)(2)(d) of this section, or pursuant to division
(B)(14) of this section and rules adopted under division (B)(5) of
this section, and confidential business information identified in
rules adopted under division (B)(1)(h) of this section; a copy of the
local fire department's and facility's emergency management plans for
the facility, if any; a current list of the names, positions,
addresses, and telephone numbers of all key facility personnel
knowledgeable in facility safety procedures and the locations at the
facility where extremely hazardous substances, hazardous chemicals,
and hazardous substances are produced, used, or stored. The rules
shall stipulate that, in the instance of lock box units placed
voluntarily at facilities by the owners or operators of the
facilities, such information shall be maintained in them as is
prescribed by agreement by the owner or operator and the fire
department having jurisdiction over the facility.

(iii)
The conditions that shall be met in order to provide safe and
expedient access to a lock box unit during a release or threatened
release of an extremely hazardous substance, hazardous chemical, or
hazardous substance.

(b)
Unless the owner or operator of a facility is issued an order under
division (D) of section 3750.11 of the Revised Code requiring the
owner or operator to place a lock box unit at the facility, the owner
or operator may place a lock box unit at the facility at the owner's
or operator's discretion. If the owner or operator chooses to place a
lock box unit at the facility, the responsibility to deposit
information in the lock box unit is in addition to any other
obligations established in this chapter.

(c)
Any costs associated with the purchase, construction, or placement of
a lock box unit shall be paid by the owner or operator of the
facility.

(7)
In accordance with Chapter 119. of the Revised Code, adopt rules
governing the application for and awarding of grants under division
(C) of section 3750.14 and division (B) of section 3750.15 of the
Revised Code;

(8)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing reasonable maximum fees that may be charged by the
commission and local emergency planning committees for copying
information in the commission's or committee's files to fulfill
requests from the public for that information;

(9)
Adopt internal management rules governing the operations of the
commission. The internal management rules shall establish an
executive committee of the commission consisting of the director of
environmental protection or the director's designee, the director of
public safety or the director's designee, the attorney general or the
attorney general's designee, one of the appointed members of the
commission representing industries subject to this chapter to be
appointed by the commission, one of the appointed members of the
commission representing the interests of environmental advocacy
organizations to be appointed by the commission, and one other
appointed member or member ex officio of the commission to be
appointed by the commission. The executive committee has exclusive
authority to issue enforcement orders under section 3750.18 of the
Revised Code and to request the attorney general to bring a civil
action, civil penalty action, or criminal action under section
3750.20 of the Revised Code in the name of the commission regarding
violations of this chapter, rules adopted under it, or orders issued
under it. The internal management rules may set forth the other
specific powers and duties of the commission that the executive
committee may exercise and carry out and the conditions under which
the executive committee may do so. The internal management rules
shall not authorize the executive committee to issue variances under
division (B) or (C) of section 3750.11 of the Revised Code or orders
under division (D) of that section.

(10)
Oversee and coordinate the implementation and enforcement of this
chapter and make such recommendations to the director of
environmental protection and the director of public safety as it
considers necessary or appropriate to improve the implementation and
enforcement of this chapter;

(11)
Make allocations of moneys under division (B) of section 3750.14 of
the Revised Code and make grants under division (C) of section
3750.14 and division (B) of section 3750.15 of the Revised Code;

(12)
Designate an officer of the environmental protection agency to serve
as the commission's information coordinator under this chapter;

(13)
Not later than December 14, 1989, develop and distribute a state
emergency response plan that defines the emergency response roles and
responsibilities of the state agencies that are represented on the
commission and that provides appropriate coordination with the
national contingency plan and the regional contingency plan required
by section 105 of the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2767, 42
U.S.C.A. 9601, as amended. The plan shall ensure a well-coordinated
response by state agencies that may be involved in assisting local
emergency responders during a major release of oil or a major sudden
and accidental release of a hazardous substance or extremely
hazardous substance. The plan may incorporate existing state
emergency response plans by reference. At least annually, the
commission and the state agencies that are represented on it shall
jointly exercise the state plan in conjunction with the exercise of a
local emergency response plan by a local emergency planning committee
under section 3750.04 of the Revised Code. After any such exercise,
the commission shall review the state plan and make such revisions in
it as the commission considers necessary or appropriate.

(14)
Receive and decide claims for the protection of information as a
trade secret that pertain only to extremely hazardous substances and
hazardous chemicals identified or listed by rules adopted under
division (C)(5) of this section. If the commission determines that
the claim meets the criteria established in rules adopted under
division (B)(5) of this section, it shall issue an order to that
effect in accordance with section 3750.18 of the Revised Code. If the
commission determines that the claim does not meet the criteria
established in those rules, it shall issue an order to that effect in
accordance with section 3750.18 of the Revised Code.

(15)
Annually compile, make available to the public, and submit to the
president of the senate and the speaker of the house of
representatives a summary report on the number of facilities
estimated to be subject to regulation under sections 3750.05,
3750.07, and 3750.08 of the Revised Code, the number of facilities
reporting to the commission, an estimate of the percentage of
facilities in compliance with those sections, and recommendations
regarding the types of activities the commission considers necessary
to improve such compliance. The commission shall base its estimate of
the number of facilities that are subject to regulation under those
sections on the current estimates provided by the local emergency
planning committees under division (D)(6) of section 3750.03 of the
Revised Code.

(C)
The commission may:

(1)
Procure by contract the temporary or intermittent services of experts
or consultants when those services are to be performed on a part-time
or fee-for-service basis and do not involve the performance of
administrative duties;

(2)
Enter into contracts or agreements with political subdivisions or
emergency planning districts for the purposes of this chapter;

(3)
Accept on behalf of the state any gift, grant, or contribution from
any governmental or private source for the purposes of this chapter;

(4)
Enter into contracts, agreements, or memoranda of understanding with
any state department, agency, board, commission, or institution to
obtain the services of personnel thereof or utilize resources thereof
for the purposes of this chapter. Employees of a state department,
agency, board, commission, or institution providing services to the
commission under any such contract, agreement, or memorandum shall
perform only those functions and provide only the services provided
for in the contract, agreement, or memorandum.

(5)
Identify or list extremely hazardous substances in addition to those
identified or listed in rules adopted under division (B)(1)(a) of
this section and establish threshold planning quantities and
reportable quantities for the additional extremely hazardous
substances, identify or list hazardous chemicals in addition to those
identified or listed in rules adopted under division (B)(1)(b) of
this section and establish threshold quantities and categories or
health and physical hazards for the added chemicals, and identify or
list hazardous substances in addition to those identified or listed
in rules adopted under division (B)(1)(c) of this section and
establish reportable quantities for the added hazardous substances.
The commission may establish threshold planning quantities for the
additional extremely hazardous substances based upon classes of those
substances or categories of facilities at which they are present and
may establish threshold quantities for the additional hazardous
chemicals based upon classes of those chemicals or categories of
facilities where they are present. The commission shall identify or
list such additional substances or chemicals and establish threshold
planning quantities, threshold quantities, reportable quantities, and
hazard categories therefor in accordance with the criteria and
procedures established in rules adopted under division (B)(4) of this
section and, after compliance with those criteria and procedures, by
the adoption of rules in accordance with Chapter 119. of the Revised
Code. The commission shall not adopt rules under division (C)(5) of
this section modifying any threshold planning quantity established in
rules adopted under division (B)(1)(a) of this section, any threshold
quantity established in rules adopted under division (B)(1)(b) of
this section, or any reportable quantity established in rules adopted
under division (B)(1)(c) of this section.

If,
after the commission has adopted rules under division (C)(5) of this
section identifying or listing an extremely hazardous substance,
hazardous chemical, or hazardous substance, the administrator of the
United States environmental protection agency identifies or lists the
substance or chemical as an extremely hazardous substance or
hazardous chemical under the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001,
or identifies or lists a substance as a hazardous substance under the
"Comprehensive Environmental Response, Compensation, and
Liability Act of 1980," 94 Stat. 2779, 42 U.S.C.A. 9602, as
amended, the commission shall rescind its rules adopted under
division (C)(5) of this section pertaining to the substance or
chemical and adopt the appropriate rules under division (B)(1)(a),
(b), or (c) of this section.

(6)
From time to time, request the director of environmental protection
and the executive director of the emergency management agency to
review implementation, administration, and enforcement of the
chemical emergency response planning and reporting programs created
by this chapter and rules adopted under it regarding their
effectiveness in preparing for response to releases of extremely
hazardous substances, hazardous chemicals, and hazardous substances.
After completion of any such review, the director of environmental
protection and the director of public safety shall report their
findings to the commission. Upon receipt of their findings, the
commission may make such recommendations for legislative and
administrative action as the commission finds necessary or
appropriate to promote achievement of the purposes of this chapter.

(D)
Except as provided in section 3750.06 of the Revised Code, nothing in
this chapter applies to the transportation, including the storage
incident to transportation, of any substance or chemical subject to
the requirements of this chapter, including the transportation and
distribution of natural gas.

(E)
This chapter authorizes the state, through the emergency response
commission, the department of public safety, and the environmental
protection agency, to establish and maintain chemical emergency
response planning and preparedness, community right-to-know, and
hazardous substance and extremely hazardous substance release
reporting programs that are consistent with and equivalent in scope,
coverage, and content to the "Emergency Planning and Community
Right-To-Know Act of 1986," 100 Stat. 1729, 42 U.S.C.A. 11001,
and regulations adopted under it, except as otherwise specifically
required or authorized in this chapter. The commission, department,
and agencies may do all things necessary, incidental, or appropriate
to implement, administer, and enforce this chapter and to perform the
duties and exercise the powers of the state emergency response
commission under that act and regulations adopted under it and under
this chapter.

Sec.
3750.11.
(A)
Except as provided in division (E) of this section, no local
emergency planning committee shall enforce any resolution, rule, or
requirement for the reporting or providing of the names or amounts of
extremely hazardous substances or hazardous chemicals produced, used,
or stored at facilities under the jurisdiction of the committee; for
the reporting or providing of information regarding locations where
those substances or chemicals are stored at those facilities; or for
the reporting of releases of extremely hazardous substances,
hazardous substances, or oil, that is not consistent with and
equivalent in scope, content, and coverage to the reporting and
hazard communication provisions of this chapter and rules adopted
under it, unless the committee first obtains a variance from the
emergency response commission under division (B) of this section.

(B)
A committee shall, prior to commencing enforcement of any such
requirement, submit a copy of it to the commission along with an
application for a variance from division (A) of this section in
accordance with rules adopted under division (B)(2)(e) of section
3750.02 of the Revised Code. On or before the date that the committee
submits the variance application to the commission, the committee
shall mail by certified mail, return receipt requested, notice of the
application and a summary of the reporting requirement to the owner
or operator of each facility within the emergency planning district
that the committee determines would be subject to the reporting
requirement. If the commission finds that the resolution, rule, or
requirement meets the criteria for issuance of a variance established
in those rules, it shall approve the application and issue an order
granting the variance in accordance with section 3750.18 of the
Revised Code. The commission shall not issue any order approving a
variance application unless at least sixty per cent of the voting
members of the commission vote to approve the application and
issuance of the order. If less than sixty per cent of the voting
members of the commission vote to approve a variance application, the
commission shall issue an order denying the variance.

(C)
Except as provided in division (G) of this section, no political
subdivision shall enforce any ordinance, resolution, rule, or
requirement adopted on or after
the
effective date of this section
December
14, 1988
,
or any amendment adopted on or after
the
effective
that

date

of
this section
to
any such ordinance, resolution, rule, or requirement that was in
effect on
the
effective
that

date

of
this section
,
for the reporting or providing of the names or amounts of extremely
hazardous substances or hazardous chemicals produced, used, or
stored, at facilities within the political subdivision; for the
reporting or providing of information regarding locations where those
substances or chemicals are stored at those facilities; or for the
reporting of releases of those extremely hazardous substances,
hazardous substances, or oil that is not consistent with, equivalent
to, and no more stringent than the reporting and hazard communication
requirements of this chapter and rules adopted under it, unless the
political subdivision first obtains a variance under this division.

A
political subdivision that seeks to obtain a variance under this
division shall submit a copy of the ordinance, resolution, rule, or
requirement to the committee of the district in which the political
subdivision is located along with an application for a variance in
accordance with rules adopted under division (B)(2)(e) of section
3750.02 of the Revised Code. On or before the date that the political
subdivision submits the variance application to the committee, the
political subdivision shall mail by certified mail, return receipt
requested, notice of the application and a summary of the reporting
requirement to the owner or operator of each facility within the
political subdivision that the political subdivision determines would
be subject to the reporting requirement. If, in the opinion of the
committee, the ordinance, resolution, rule, or requirement of the
political subdivision meets the criteria for issuance of a variance
established in those rules and does not conflict with any resolution,
rule, or requirement adopted by the committee, the committee shall,
by resolution, approve issuance of the variance and send a copy of
its resolution, of the political subdivision's variance application,
and of the ordinance, resolution, rule or requirement, to the
commission. The committee shall not approve issuance of a variance
under this division unless at least sixty per cent of the voting
members of the committee vote to approve it. If the commission finds
that the committee has approved issuance of a variance and that the
ordinance, resolution, rule, or requirement of the political
subdivision meets the criteria for issuance of a variance established
in those rules, it shall approve the application and issue an order
in accordance with section 3750.18 of the Revised Code granting the
variance. The commission shall not issue any order approving a
variance application unless at least sixty per cent of the voting
members of the commission vote to approve the application and
issuance of an order granting the variance. If less than sixty per
cent of the voting members of the commission vote to approve a
variance application, the commission shall issue an order denying the
variance.

This
division does not affect the validity or enforceability of any such
ordinance, resolution, rule, or requirement of a political
subdivision adopted prior to the effective date of this section.
However, this division applies to any amendment to any such
ordinance, resolution, rule, or requirement, which amendment is
adopted on or after the effective date of this section and
establishes a reporting requirement that is not consistent with,
equivalent to, and no more stringent than the reporting and hazard
communication requirements of this chapter and rules adopted under
it.

(D)
No political subdivision shall enforce any ordinance, resolution,
rule, or requirement adopted on or after the effective date of this
chapter requiring the placement of emergency response lock box units
at any facility where an extremely hazardous substance, hazardous
chemical, or hazardous substance is produced, used, or stored. The
fire department of a political subdivision having jurisdiction over a
facility and the owner or operator of such a facility may enter into
an agreement under which the owner or operator will place and
maintain an emergency response lock box unit at
his
the
owner's or operator's

facility in compliance with rules adopted under division (B)(6) of
section 3750.02 of the Revised Code. If the fire department of a
political subdivision and an owner or operator of such a facility are
unable to enter into such an agreement and if the fire department
believes that placement of a lock box unit at the facility is
necessary to protect public health and safety and the environment or
to protect emergency management personnel responding to a release of
any such substance or chemical from the facility, the fire
department, in accordance with rules adopted under division (B)(2)(f)
of section 3750.02 of the Revised Code, may submit an application to
the committee of the district in which the facility is located for
issuance of an order requiring the owner or operator to place a lock
box unit at
his
the
owner's or operator's

facility that complies with the rules adopted under division (B)(6)
of section 3750.02 of the Revised Code. On or before the date that
the fire department submits the application for issuance of such an
order, the fire department shall mail by certified mail, return
receipt requested, notice of the application to the owner or operator
of the facility for which issuance of the order is sought. If, in the
opinion of the committee, the application meets the criteria for
issuance of such an order established in the rules adopted under
division (B)(2)(f) of that section, the committee shall, by
resolution, approve issuance of the order and send a copy of its
resolution and the fire department's application to the commission.
The committee shall not approve an application for issuance of such
an order unless at least sixty per cent of the voting members of the
committee vote to approve it. If the commission finds that the
committee has approved the application and that the application meets
the criteria for issuance of such an order established in rules
adopted under division (B)(2)(f) of that section, it shall approve
the application and issue an order in accordance with section 3750.18
of the Revised Code requiring the owner or operator to place one or
more emergency response lock box units at
his
the
owner's or operator's

facility in accordance with the approved application and rules
adopted under division (B)(6) of that section. The commission shall
not approve an application for issuance of such an order unless at
least sixty per cent of the voting members of the commission vote to
approve the application and issuance of the order. If less than sixty
per cent of the voting members of the commission vote to approve the
application, the commission shall issue an order denying the
application. No person shall violate an order issued under this
division.

(E)
A committee may, by resolution, adopt rules requiring the placarding
of bulk hazardous chemical storage areas within its district in
accordance with rules adopted by the fire marshal under section
3750.12 of the Revised Code

and rules establishing such procedures as are necessary to implement
and enforce that requirement
.
The rules may exempt the owner or operator of a facility who, with
the approval of the committee, installs and maintains an emergency
lock box unit that complies with the rules adopted under division
(B)(6) of section 3750.02 of the Revised Code from compliance with
requirements for placarding of bulk hazardous chemical storage areas.
As used in this division, "bulk hazardous chemical storage area"
has the same meaning as in division (D) of section 3750.12 of the
Revised Code. No person shall violate a rule adopted under this
division.

(F)
Except as provided in division (G) of this section, this section
shall not be construed to authorize a political subdivision, other
than a municipal corporation or county that has adopted a charter in
accordance with Sections 3 and 4 of Article X, Ohio Constitution, to
adopt or enforce any ordinance, resolution, rule, or requirement for
the reporting or providing of the names or amounts of extremely
hazardous substances or hazardous chemicals produced, used, or stored
at facilities located within their boundaries; for the reporting or
providing of information regarding locations where those substances
or chemicals are stored at those facilities; or for the reporting of
releases of extremely hazardous substances, hazardous substances, or
oil. Nothing in this section or division (E)(5) of section 3750.03 of
the Revised Code shall be construed to authorize a local emergency
planning committee, municipal corporation, or charter county to
enforce any ordinance, resolution, rule, or requirement that
identifies or lists as an extremely hazardous substance any substance
that is not so identified or listed in rules adopted under division
(B)(1)(a) or (C)(5) of section 3750.02 of the Revised Code, that
identifies as a hazardous chemical any chemical, other than a
chemical identified in division (G)(3) of section 3750.01 of the
Revised Code, that is not so identified or listed in rules adopted
under division (B)(1)(b) or (C)(5) of that section, or that
identifies as a hazardous substance any substance that is not so
identified in rules adopted under division (B)(1)(c) or (C)(5) of
that section.

(G)
A political subdivision that owns, operates, or is served by a public
water system as defined in section 6109.01 of the Revised Code may
establish and enforce requirements that provide for the protection of
ground water resources that serve as a source of drinking water for
its public water system and that are located within scientifically
derived wellhead protection areas.

Sec.
3751.02.
The
director of environmental protection may do
any

both

of
the following:

(A)

Adopt
rules in accordance with Chapter 119. of the Revised Code
establishing requirements or authorizations that the director
considers necessary or appropriate to implement and administer this
chapter.

(B)

As
the representative of the governor pursuant to EPCRA, request the
administrator of the United States environmental protection agency to
apply the toxic chemical release reporting requirements of that act
to the owner or operator of any facility in this state that
manufactures, processes, or otherwise uses a toxic chemical if, in
the director's judgment, such reporting is warranted by the toxicity
of the toxic chemical manufactured, processed, or otherwise used at
the facility; the proximity of the facility to other facilities that
release the toxic chemical or to population centers; or the history
of releases of the toxic chemical at the facility;

(C)
(B)

As the representative of the governor pursuant to EPCRA, petition the
administrator to, by regulation, add a chemical to or delete a
chemical from the list of toxic chemicals subject to the toxic
chemical release reporting requirements of that act if, in the
director's judgment, the chemical meets the criteria required by that
act.

Sec.
3751.03.
(A)(1)
On or before the first day of July of each year or as otherwise
prescribed by the administrator of the United States environmental
protection agency under EPCRA, the owner or operator of a facility
described in division (A)(2) of this section shall prepare and submit
to the administrator a completed toxic chemical release form for each
toxic chemical that was so manufactured, processed, or otherwise used
at the facility during the preceding calendar year. The electronic
submission of the form to the administrator constitutes simultaneous
submission of the form to the director of environmental protection
for purposes of EPCRA.

(2)
Division (A)(1) of this section applies to the owner or operator of a
facility to which all of the following apply:

(a)
The facility is in standard industrial classification codes 20 to 39,
as those codes were in effect on July 1, 1985, or in any other
applicable code added by the administrator.

(b)
The owner or operator has ten or more full-time employees.

(c)
The facility manufactured, processed, or otherwise used during the
calendar year immediately preceding the first day of July or date
otherwise prescribed by the administrator, a toxic chemical in an
amount exceeding the applicable threshold quantity established by the
administrator under EPCRA.

(3)
The owner or operator shall submit the information on a uniform toxic
chemical release form prescribed by the administrator under EPCRA.

(B)
The toxic chemical release forms required by this section are
intended to provide information to federal, state, and local
governments and the public, including residents of communities
surrounding facilities covered by this section.

(C)
No owner or operator of a facility who is required by this section to
file a toxic chemical release form shall fail to submit a toxic
chemical release form as required by this section.

(D)
An owner or operator of a facility who is required under this section
to file a toxic chemical release form and who knowingly makes a false
statement on that form, on a record upon which the information on
that form is based, or on other information or records required to be
kept or submitted under this chapter

and the rules adopted under this chapter

is guilty of falsification under section 2921.13 of the Revised Code.

Sec.
3751.05.
All
civil penalties received under division (B) of section 3751.10 of the
Revised Code shall be credited to the toxic chemical release
reporting fund, hereby created in the state treasury. Moneys credited
to the fund shall be expended by the director exclusively for the
purposes of implementing, administering, and enforcing this chapter

and the rules adopted

and orders issued under it.

Sec.
3751.07.
No
person shall violate any section of this chapter

or a rule adopted

or order issued under it.

Sec.
3751.08.
The
director of environmental protection or
his
the
director's

authorized representative, upon proper identification and upon
stating the purpose and necessity of an inspection, may enter at
reasonable times upon any private or public property, real or
personal, to inspect or investigate, obtain samples, and examine and
copy records to determine compliance with this chapter
and
rules adopted
and
orders issued under it. The director or
his
the
director's

authorized representative may apply for, and any judge of a court of
record may issue for use within the court's territorial jurisdiction,
an administrative inspection warrant under division (F) of section
2933.21 of the Revised Code or other appropriate search warrant
necessary to achieve the purposes of this chapter.

Sec.
3751.09.
The
director of environmental protection may issue orders requiring the
owner or operator of a facility where toxic chemicals are
manufactured, processed, or otherwise used to abate a violation of
this chapter
or
a rule adopted
or
order issued under it. The director may issue such orders as final
orders without issuing a proposed action under section 3745.07 of the
Revised Code and, notwithstanding section 119.06 of the Revised Code,
without the necessity to hold any adjudication hearing in connection
with any such order. Issuance of an order under this section is not a
condition precedent to bringing any civil, criminal, or civil penalty
action under this chapter.

Sec.
3751.10.
(A)
The attorney general, the prosecuting attorney of the county, or the
city director of law of the city where a violation has occurred or is
occurring, upon the written request of the director of environmental
protection, shall prosecute to termination or bring an action for
injunction against any person who has violated or is violating any
section of this chapter
or
any rule adopted
or
order issued under it. The court of common pleas in which an action
for injunction is filed has the jurisdiction to and shall grant
preliminary and permanent injunctive relief upon a showing that the
person against whom the action is brought has violated or is
violating any section of this chapter
or
a rule adopted
or
order issued under it. The court shall give precedence to such an
action over all other cases.

Upon
the certified written request of any person, the director shall
conduct such investigations and make such inquiries as are necessary
to secure compliance with this chapter
or
rules adopted
or
orders issued under it. The director may, upon request or upon the
director's own initiative, investigate or make inquiries into any
violation of this chapter
or
rules adopted
or
orders issued under it.

(B)
Whoever violates division (C) of section 3751.03, division (B)(1) or
(2) of section 3751.04 of the Revised Code, or an order issued under
this chapter, shall pay a civil penalty of not more than twenty-five
thousand dollars for each day of violation. The attorney general, the
prosecuting attorney of the county, or the city director of law of
the city where a violation of this chapter
or
a rule adopted
or
order issued under it has occurred or is occurring, upon the written
request of the director, shall bring an action for imposition of a
civil penalty under this division against any person who has
committed or is committing any such violation. All civil penalties
received under this division shall be credited to the toxic chemical
release reporting fund created in section 3751.05 of the Revised
Code.

(C)
Any action for injunction or civil penalties under division (A) or
(B) of this section is a civil action governed by the Rules of Civil
Procedure.

Sec.
3752.03.
(A)
The director of environmental protection, in accordance with Chapter
119. of the Revised Code, shall adopt, and subsequently may amend or
rescind, rules doing all of the following:

(1)
Establishing guidelines for the demonstrations required to be made in
an application for a waiver under division (A) of section 3752.10 of
the Revised Code;

(2)
Prescribing methods to be used in securing buildings, structures, and
outdoor locations of operation in accordance with sections 3752.07,
3752.11, 3752.111, 3752.112, and 3752.113 of the Revised Code;

(3)
Defining the phrase "contaminated with" as used in this
chapter. The definition shall be consistent with and no more
stringent than provisions in state and federal environmental laws
dealing with the demonstration that tanks, drums, containers,
pipelines, and other vessels are empty and free of regulated
substances, including, without limitation, Chapters 3734., 3752., and
6111. of the Revised Code and rules adopted under those chapters; and
the "Toxic Substances Control Act," 90 Stat. 2003 (1976),
15 U.S.C.A. 2601, as amended, the "Resource Conservation and
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as
amended, and the "Comprehensive Environmental Response,
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42
U.S.C.A. 9601, as amended, and regulations adopted under those acts.

(B)

The
director, in accordance with Chapter 119. of the Revised Code, may
adopt, amend, and rescind such other rules as he considers necessary
or appropriate for the implementation, administration, and
enforcement of this chapter.

(C)

No
person shall violate a rule adopted under this section.

Sec.
3752.13.
(A)
If the director of environmental protection determines that
conditions at a reporting facility constitute an imminent and
substantial threat to public health or safety or are causing or
contributing to, or are threatening to cause or contribute to, air or
water pollution or soil contamination, the director may expend moneys
from the immediate removal fund created in section 3745.12 of the
Revised Code to take such remedial actions as are necessary or
appropriate to protect the public health or safety or the
environment, provided that a violation or failure to comply with any
of the following has occurred or is
occuring
occurring

at the facility:

(1)
Section 3752.06 of the Revised Code
,
a rule adopted under section 3752.03 of the Revised Code implementing
that section,

or a term or condition of an order issued under section 3752.16 of
the Revised Code to enforce that section or rule;

(2)
Section 3752.07 of the Revised Code, a rule adopted under section
3752.03 of the Revised Code implementing that section, or a term or
condition of an order issued under section 3752.16 of the Revised
Code to enforce that section or rule;

(3)
Division (A)(2) of section 3752.09 of the Revised Code;

(4)
A term or condition of an order issued under division (A)(3) of
section 3752.09 of the Revised Code;

(5)
An interim maintenance plan approved under division (A) of section
3752.10 of the Revised Code;

(6)
A term or condition of an order issued under division (A) of section
3752.10 of the Revised Code approving or disapproving an application
for a waiver;

(7)
A term or condition of an order issued under division (B) of section
3752.10 of the Revised Code revoking a waiver;

(8)
Division (C)(1) of section 3752.10 of the Revised Code;

(9)
A term or condition of an order issued under division (C)(2) of
section 3752.10 of the Revised Code;

(10)
Section 3752.11, 3752.111, or 3752.113 of the Revised Code or a rule
adopted under section 3752.03 of the Revised Code pertaining to the
securing of buildings, structures, and outdoor locations of operation
in connection with any of those sections.

Expenditures
from the fund to perform any such remedial action shall be made
pursuant to contracts entered into by the director with persons who
agree to furnish all of the materials, equipment, work, and labor as
provided in the contract. Agents or employees of persons contracting
with the director under this division may enter upon any land, public
or private, as necessary to perform a remedial action under this
division. The director shall keep a detailed accounting of the cost
of each such remedial action.

(B)
The owner or operator of a facility where a remedial action is
undertaken under division (A) of this section is liable to the state
for the total cost of the remedial action in addition to any other
liabilities imposed by law. The total cost of the remedial action is
a lien upon the facility. The director shall prepare and present for
recording in the office of the county recorder of the county in which
the facility is located notice of the lien. The county recorder shall
not charge a fee for recording a notice of lien under this division.

(C)
Upon completion of a remedial action under division (A) of this
section, the director shall certify the total cost of the remedial
action to the attorney general and shall send a copy of the notice of
the lien to
him
the
attorney general
.
Upon receiving the director's certification and notice, the attorney
general shall do one or both of the following:

(1)
Bring a civil action to recover the total cost of the remedial action
as certified by the director;

(2)
Upon the written request of the director, foreclose the lien imposed
by division (B) of this section.

All
moneys recovered under this division shall be deposited in the state
treasury to the credit of the immediate removal fund.

Sec.
3753.01.
As
used in this chapter:

(A)
"Accidental release" means an unanticipated emission of a
regulated substance into the ambient air from a stationary source.

(B)
"Clean Air Act Amendments" means the "Clean Air Act
Amendments of 1990,"
91
104

Stat.
685
2399
,
42 U.S.C. 7401 et al., as amended, and regulations adopted under it.

(C)
"Covered process" means a process that has a regulated
substance present in an amount that is in excess of the threshold
quantity

established in rules adopted under section 3753.02 of the Revised
Code
.

(D)
"Environmental receptor" means natural areas such as
national or state parks, forests, or natural monuments; federally
designated or state-designated wildlife sanctuaries, preserves,
refuges, or areas; and federal wilderness areas, that could be
exposed at any time to toxic concentrations, radiant heat, or
overpressure greater than or equal to the endpoints
prescribed
in rules adopted under section 3753.02 of the Revised Code
and
that can be identified on United States geological survey maps.

(E)
"Owner or operator" means any person who owns, leases,
operates, controls, or supervises a stationary source.

(F)
"Process" means any activity involving a regulated
substance, including any use, storage, manufacturing, handling, or
on-site movement of the substance or any combination of these
activities. Any group of vessels that are interconnected, or separate
vessels that are located in such a manner that a regulated substance
potentially could be involved in a release, shall be considered a
single process.

(G)
"Public" means any person except employees or contractors
at a stationary source.

(H)
"Public receptor" means off-site residences, institutions
such as schools or hospitals, industrial, commercial, and office
buildings, parks, or recreational areas inhabited or occupied by the
public at any time where the public could be exposed to toxic
concentrations, radiant heat, or overpressure as a result of an
accidental release.

(I)
"Regulated substance" means a toxic or flammable substance

listed in rules adopted under section 3753.02 of the Revised Code
.

(J)
"Risk management plan" means a risk management plan
required under section 3753.03 of the Revised Code.

(K)
"Stationary source" means any buildings, structures,
equipment, installations, or substance-emitting stationary activities
that belong to the same industrial group as described in the standard
industrial classification manual, 1987, that are located on one or
more contiguous properties under the control of the same person or
persons, and from which an accidental release may occur. Properties
shall not be considered contiguous solely because of a railroad or
pipeline right-of-way.

(1)
"Stationary source" includes transportation containers that
are used for storage not incident to transportation and
transportation containers that are connected to equipment at a
stationary source for loading and unloading. "Stationary source"
does not include the transportation, including storage incident to
transportation, of any regulated substance under this chapter.
"Stationary source" does not include naturally occurring
hydrocarbon reservoirs.

(2)
"Transportation" includes, but is not limited to,
transportation that is subject to oversight or regulation under 49
C.F.R. part 192, 193, or 195, or to a state natural gas or hazardous
liquid program for which the state has in effect a certification to
the United States department of transportation under 49 U.S.C. 60105.

(L)
"Threshold quantity" means the quantity established for a
regulated substance
in
rules adopted under section 3753.02 of the Revised Code
that,
if exceeded, subjects an owner or operator to compliance with this
chapter and rules adopted under it.

(M)
"Vessel" means any reactor, tank, drum, barrel, cylinder,
vat, kettle, boiler, pipe, hose, or other container.

Sec.
3753.03.
(A)
Effective upon the date that the United States environmental
protection agency delegates the program created under section 112(r)
of the Clean Air Act Amendments to the environmental protection
agency of this state, an owner or operator of a stationary source
that has a covered process shall develop and submit a risk management
plan no later than the latest of the following:

(1)
Not later than ten days after the notice of delegation of the program
to the state appears in the federal register, or ten days after the
effective date of this amendment, whichever occurs later;

(2)
The date on which a regulated substance is first present above a
threshold quantity in a process at the stationary source;

(3)
Three years after the date on which a regulated substance at the
stationary source is first listed under 40 C.F.R. 68.130.

(B)
An owner or operator who is subject to division (A) of this section
shall submit a single risk management plan that reflects all covered
processes at the stationary source by the applicable deadline
established under that division and that is in the form required by
the director of environmental protection

in rules adopted under section 3753.02 of the Revised Code
.
The risk management plan shall include all of the following, as
applicable:

(1)
A registration that reflects all covered processes at the stationary
source pursuant to 40 C.F.R. 68.160;

(2)
The applicable information required to be submitted with the plan
under section 3753.04 of the Revised Code;

(3)
A summary of the actions taken to comply with all of the other
applicable requirements established under section 3753.04 of the
Revised Code.

(C)
An owner or operator who has submitted a risk management plan as
required by division (A) of this section or submitted an update to a
risk management plan under division (C) of this section shall revise,
update, and submit the risk management plan in accordance with
whichever of the following is applicable:

(1)
Not later than five years after the initial submission of the risk
management plan under division (A) of this section;

(2)
Not later than five years after the most recent update of the risk
management plan submitted under division (C) of this section;

(3)
As otherwise provided in rules adopted by the director

under section 3753.02 of the Revised Code
.

(D)
No owner or operator who is required to submit, revise, or update a
risk management plan shall fail to do so within the prescribed time.

(E)
An owner or operator who is required to submit a risk management plan
and who knowingly makes a false statement in the plan, on a record
upon which information in the plan is based, or on or pertaining to
any other information or records required to be maintained under this
chapter or rules adopted under it is guilty of falsification under
section 2921.13 of the Revised Code.

Sec.
3753.04.
(A)
In addition to complying with section 3753.03 of the Revised Code,
the owner or operator of a stationary source at which one or more
covered processes are present, as part of the owner or operator's
risk management program, shall comply with program 1, program 2, or
program 3 requirements established under this section or with a
combination of those requirements. An owner or operator shall
determine which of those requirements apply to the covered processes
that are present at the stationary source as provided in divisions
(B) to (D) of this section. An owner or operator shall comply with
all levels of program requirements that apply to the covered
processes at the owner or operator's stationary source.

(B)
The owner or operator of a stationary source at which a covered
process is present is subject to program 1 requirements established
under division (E) of this section if the covered process meets all
of the following conditions:

(1)
For the five years prior to the submission of a risk management plan,
the process has not had an accidental release of a regulated
substance where exposure to the substance, its reaction products,
overpressure generated by an explosion involving the substance, or
radiant heat generated by a fire involving the substance led to any
of the following occurrences off-site:

(a)
Death of any person;

(b)
Injury to any person;

(c)
Response or restoration activities for an environmental receptor.

(2)
The distance to a toxic or flammable endpoint for a worst case
release assessment conducted pursuant to a hazard assessment as
specified in rules adopted under
section
3753.02
Chapter
119.
of
the Revised Code is less than the distance to any public receptor;

(3)
Emergency response procedures have been coordinated between the
stationary source and local emergency planning and response
organizations.

(C)
The owner or operator of a stationary source at which a covered
process is present is subject to program 2 requirements established
under division (F) of this section if the covered process does not
meet the conditions established under division (B) or (D) of this
section.

(D)
The owner or operator of a stationary source at which a covered
process is present is subject to program 3 requirements established
under division (G) of this section if the covered process does not
meet the conditions established under division (B) of this section
and either of the following conditions is met:

(1)
The process is in standard industrial classification code 2611, 2812,
2819, 2821, 2865, 2869, 2873, 2879, or 2911;

(2)
The process is subject to the United States occupational safety and
health administration safety management standard under 29 C.F.R.
1910.119.

(E)
The owner or operator of a stationary source at which one or more
covered processes are present that meet the conditions established
under division (B) of this section shall comply with all of the
following program 1 requirements:

(1)
Submit with the risk management plan an analysis of the worst case
release scenario for each covered process and documentation that the
nearest public receptor is beyond the distance to a toxic or
flammable endpoint;

(2)
Submit with the risk management plan a five-year accident history for
the process;

(3)
Ensure that response actions have been coordinated with local
emergency planning and response agencies;

(4)
Certify in the risk management plan that "
Based
upon criteria in rules adopted under section 3753.02 of the Revised
Code, the
The

distance
to the specified endpoint for the worst case release scenario for the
following process(es) is less than the distance to the nearest public
receptor: (list processes). Within the past five years, the
process(es) has (have) had no accidental release that caused off-site
impacts

as described in rules adopted under section 3753.02 of the Revised
Code
.
No additional measures are necessary to prevent off-site impacts from
accidental releases. In the event of fire, explosion, or a release of
a regulated substance from the process(es), entry within the distance
to the specified endpoints may pose a danger to public emergency
responders. Therefore, public emergency responders should not enter
this area except as arranged with the emergency contact indicated in
the risk management plan. The undersigned certifies that, to the best
of my knowledge, the information submitted is true, accurate, and
complete. (signature, title, date signed)"

(F)
The owner or operator of a stationary source at which one or more
covered processes are present that meet the conditions established
under division (C) of this section shall comply with all of the
following program 2 requirements:

(1)
Develop and implement a management system in accordance with rules
adopted under
section
3753.02
Chapter
119.
of
the Revised Code;

(2)
Conduct a hazard assessment in accordance with rules adopted under

section
3753.02
Chapter
119.
of
the Revised Code;

(3)
Implement program 2 prevention requirements or implement program 3
prevention requirements in accordance with rules adopted under

section
3753.02
Chapter
119.
of
the Revised Code;

(4)
Submit as part of the risk management plan information on prevention
program elements for covered processes that are subject to program 2
requirements;

(5)
Develop and implement an emergency response program in accordance
with rules adopted under
section
3753.02
Chapter
119.
of
the Revised Code.

(G)
The owner or operator of a stationary source at which one or more
covered processes are present that meet the conditions established
under division (D) of this section shall comply with all of the
following program 3 requirements:

(1)
Develop and implement a management system in accordance with rules
adopted under
section
3753.02
Chapter
119.
of
the Revised Code;

(2)
Conduct a hazard assessment in accordance with rules adopted under

section
3753.02
Chapter
119.
of
the Revised Code;

(3)
Implement program 3 prevention requirements in accordance with rules
adopted under
section
3753.02
Chapter
119.
of
the Revised Code;

(4)
Submit as part of the risk management plan information on prevention
program elements for covered processes that are subject to program 3
requirements;

(5)
Develop and implement an emergency response program in accordance
with rules adopted under
section
3753.02
Chapter
119.
of
the Revised Code.

(H)
If at any time a covered process at a stationary source no longer
meets the conditions established under this section for its program
level, the owner or operator shall comply with the requirements of
the new program level that applies to the covered process and shall
update the risk management plan and information submitted with it not
later than six months after the change in compliance with this
chapter and rules adopted under it.

Sec.
3753.05.
(A)
Except as provided in division (G) of this section, an owner or
operator who is required to submit a risk management plan under this
chapter shall pay annually to the environmental protection agency a
fee of fifty dollars together with any of the following applicable
fees:

(1)
A fee of sixty-five dollars if a covered process in the stationary
source includes propane and propane is the only regulated substance
at the stationary source over the threshold quantity;

(2)
A fee of sixty-five dollars if a covered process in the stationary
source includes anhydrous ammonia that is sold for use as an
agricultural nutrient and is on-site over the threshold quantity;

(3)
A fee of two hundred dollars for each regulated substance over the
threshold quantity. Propane shall be considered a regulated substance
subject to the fee levied under division (A)(3) of this section only
if it is not the only regulated substance over the threshold
quantity. Anhydrous ammonia shall be considered a regulated substance
subject to the fee levied under division (A)(3) of this section only
if it is not sold for use as an agricultural nutrient.

(B)

In
accordance with rules adopted under section 3753.02 of the Revised
Code, the
The

fees assessed under division (A) of this section shall be collected
for the year 1999 no later than ten days after the notice of
delegation of the risk management program to the state appears in the
federal register, or ten days after
the
effective date of this amendment
June
30, 1999
,
whichever occurs later. Thereafter, the fees shall be collected no
later than the first day of September of each year. The fees assessed
under division (A) of this section for a stationary source shall be
based upon the regulated substances present over the threshold
quantity identified in the risk management plan on file for calendar
year 1999 as of the twenty-first day of June and for each subsequent
calendar year as of the first day of September.

(C)
An owner or operator who is required to submit a risk management plan
under this chapter and who fails to submit such a plan within thirty
days after the applicable filing date prescribed in section 3753.03
of the Revised Code shall submit with the risk management plan a late
filing fee of three per cent of the total fees due under division (A)
of this section.

(D)
The director of environmental protection may establish fees to be
paid by persons, other than public officers or employees, to cover
the costs of obtaining copies of documents or information submitted
to the director under this chapter and rules adopted under it. The
director shall not charge more than the actual cost of making and
delivering such copies or of accessing any computerized data base
established or used for the purposes of assisting in the
administration of this chapter.

(E)
All moneys received by the agency under divisions (A), (C), and (D)
of this section shall be transmitted to the treasurer of state to be
credited to the risk management plan reporting fund, which is hereby
created in the state treasury. The fund shall be administered by the
director and used exclusively for the administration and enforcement
of this chapter and rules adopted under it.

(F)
Beginning in fiscal year 2001, and every two years thereafter, the
director shall review the total amount of moneys in the risk
management plan reporting fund to determine if that amount exceeds
seven hundred fifty thousand dollars in either of the two preceding
fiscal years. If the total amount of moneys in the fund exceeded
seven hundred fifty thousand dollars in either fiscal year, the
director, after review of the fee structure and consultation with
affected persons, shall issue an order reducing the amount of the
fees levied under division (A) of this section so that the estimated
amount of moneys resulting from the fees will not exceed seven
hundred fifty thousand dollars in any fiscal year.

If,
upon review of the fees under this division and after the fees have
been reduced, the director determines that the total amount of moneys
collected and accumulated is less than seven hundred fifty thousand
dollars, the director, after review of the fee structure and
consultation with affected persons, may issue an order increasing the
amount of the fees levied under division (A) of this section so that
the estimated amount of moneys resulting from the fees will be
approximately seven hundred fifty thousand dollars. Fees shall never
be increased to an amount exceeding the amount specified in division
(A) of this section.

Notwithstanding
section 119.06 of the Revised Code, the director may issue an order
under this division without the necessity to hold an adjudicatory
hearing in connection with the order. The issuance of an order under
this division is not an act or action for purposes of section 3745.04
of the Revised Code.

(G)
This section does not apply to the owner or operator of a business
that employs one hundred or fewer individuals and is a small business
concern as defined in the
"
Small
Business Act,
"

72 Stat. 384 (1958), 15 U.S.C.A. 632, as amended.

Sec.
3769.082.
(A)
There is hereby created in the state treasury the Ohio fairs fund.
The director of agriculture shall distribute money in the fund
annually, on or before the first day of March, as follows:

(1)
To each county agricultural society and to each independent
agricultural society conducting an annual fair, twelve per cent of
the total money in the Ohio fairs fund, to be allocated for general
operations;

(2)
To the Ohio expositions commission, the sum of one hundred twenty
thousand dollars annually, to be divided equally as purse money among
four stake races for two-year-old and three-year-old colts and for
four stake races for two-year-old and three-year-old fillies at each
gait of trotting and pacing; provided, that five thousand dollars and
all entry fees shall be added to each race by the Ohio expositions
commission.

(3)
To each county agricultural society and each independent agricultural
society conducting horse races during its annual fair, the sum of
four thousand dollars, to be used as purse money for horse races in
accordance with this section, and the additional sum of one thousand
dollars to each such county agricultural society and independent
agricultural society to be used for race track maintenance and other
expenses necessary for the conduct of such horse races or colt
stakes.

A
grant of four thousand dollars shall be available to each county or
independent agricultural society for the conduct of four stake races
for two-year-old and three-year-old colts and for four stake races
for two-year-old and three-year-old fillies at each gait of trotting
and pacing; provided, that at least five hundred dollars shall be
added to each race. Exclusive of entrance fees and the excess money
provided in division (A)(4) of this section from the grant of four
thousand dollars for purse money provided in this division, a sum not
to exceed three thousand dollars may be used by a society to reach
the required purse for each of the eight stake races. Such stake
races shall be distributed as evenly as possible throughout the
racing season.

(4)
In the event that the money available on the first day of March of
any year
are

is

less
than that required to carry out divisions (A)(1), (2), and (3) of
this section, the money so available in the Ohio fairs fund shall be
prorated equally to the items set forth in such divisions. In the
event that the money available on the first day of March of any year

are

is

in
excess of that required to carry out divisions (A)(1), (2), and (3)
of this section, such excess shall be distributed equally to those
county agricultural societies and independent agricultural societies
conducting stake races, such excess to be added to the stake races
conducted under division (A)(3) of this section. The balance of such
excess shall be distributed to provide four per cent of such excess
to the Ohio expositions commission to be added to the purses pursuant
to division (A)(2) of this section, and the balance shall be
distributed to the county and independent agricultural societies
conducting stake races, such excess to be added to and divided
equally among the stake races conducted under division (A)(3) of this
section.

(B)
County agricultural societies and independent agricultural societies
participating under division (A)(3) of this section shall, on or
before the first day of November in the year immediately preceding
the year in which the money
are

is

to
be distributed, make application for participation in such
distribution to the director of agriculture on forms provided by the
director.

(C)
Distribution of money pursuant to division (A)(3) of this section
shall not be paid to county agricultural societies and independent
agricultural societies that conduct on their race courses automobile
or motorcycle races during any year for which such distribution is
requested, unless such automobile or motorcycle races are not
conducted during the days and nights that horse racing is being
conducted at such fair.

(D)
All the foals in stake races conducted for two-year-old and
three-year-old colts and fillies under this section shall have been
sired by a stallion registered with the state racing commission. To
be eligible for registration, a stallion shall be one of the
following:

(1)
Owned by a resident of Ohio and regularly standing the entire stud
season in Ohio;

(2)
Owned by a resident of a state other than Ohio but regularly standing
the entire stud season in Ohio and leased by a resident of Ohio for a
term of not less than ten years;

(3)
Owned jointly by a resident of a state other than Ohio and a resident
of Ohio, regularly standing the entire stud season in Ohio, and
leased by a resident of Ohio for a term of not less than ten years.

Each
race shall be conditioned to admit only registered two-year-old and
three-year-old colts and fillies sired by a registered stallion owned
or leased and permanently standing for service at and within this
state at the time of the foal's conception. All other conditions for
the scheduling and conduct of these races shall be approved by the
state racing commission. The races shall be scheduled subject to the
right of the commission to prevent conflicts in the event of
contemporaneous meetings.

Such
stake races shall be open for nomination not earlier than the
fifteenth day of February in the year the race is to be held. All
entrance fees in such events shall be added to the money distributed
under this section as purse money.

(E)
The state racing commission shall make unannounced periodic urine,
saliva, or blood tests of horses competing in the events raced under
this section.

(F)
The director of agriculture shall provide forms for application for
distribution under division (A)(3) of this section
,
shall adopt such rules as are necessary for carrying out this
section,

and may make such investigations as are necessary to determine the
validity of any claims and applications for distribution of money
under this section.

(G)
Any county agricultural society or independent agricultural society
which uses the money distributed under this section for any purpose
other than that provided in this section is not eligible to receive
distribution from the Ohio fairs fund for a period of two years after
such misuse of such money occurs.

(H)
As used in this section, "horse races" and "stake
races" include either harness races or running races.

Sec.
3769.083.
(A)
As used in this section:

(1)
An "accredited Ohio thoroughbred horse" means a horse
conceived in this state and born in this state which is both of the
following:

(a)
Born of a mare that is domiciled in this state at the time of the
horse's conception, that remains continuously in the state through
the date on which the horse is born, and that is registered as
required by the rules of the state racing commission;

(b)
By a stallion that stands for breeding purposes only in this state in
the year in which the horse is conceived, and that is registered as
required by the rules of the commission.

(2)
An "Ohio foaled horse" means a horse registered as required
by the rules of the state racing commission which is either of the
following:

(a)
A horse born of a mare that enters this state before foaling and
remains continuously in this state until the horse is born;

(b)
A thoroughbred foal produced within the state by any broodmare
shipped into the state to foal and be bred to a registered Ohio
stallion. To qualify this foal as an Ohio foaled horse, the broodmare
shall remain in this state one year continuously after foaling or
continuously through foaling to the cover of the Ohio stallion,
whichever is sooner. All horses previously registered as Ohio
conceived and foaled shall be considered as Ohio foaled horses
effective January 1, 1976.

Any
thoroughbred mare may leave this state for periods of time for
purposes of activities such as veterinary treatment or surgery, sales
purposes, breeding purposes, racing purposes, and similar activities
if permission is granted by the state racing commission and the mare
is returned to this state immediately upon the conclusion of the
requested activity.

(3)
"Horse," "stallion," "mare," or "foal"
means a horse of the thoroughbred breed as distinguished from a horse
of the standard breed or any other breed, and "race" means
a race for thoroughbred horses conducted by a permit holder of the
state racing commission.

(4)
"Horse" includes animals of all ages and of both sexes.

(B)
There is hereby created in the state treasury the Ohio thoroughbred
race fund, to consist of moneys paid into it pursuant to sections
3769.08 and 3769.087 of the Revised Code. All investment earnings on
the cash balances in the fund shall be credited to it. Moneys to the
credit of the fund shall be distributed on order of the state racing
commission. The commission, with the advice and assistance of the
Ohio thoroughbred racing advisory committee, shall use the fund,
except as provided in divisions (C)(2) and (3) and (D) of this
section, to promote races and provide purses for races for horses in
the following classes:

(1)
Accredited Ohio thoroughbred horses;

(2)
Ohio foaled horses.

Not
less than ten nor more than twenty-five per cent of the total money
to be paid from the fund for all types of races shall be allocated to
races restricted to accredited Ohio thoroughbred horses. The
commission may combine the classes of horses described in divisions
(B)(1) and (2) of this section in one race, except in stakes races.

(C)(1)
Each permit holder conducting thoroughbred races shall schedule races
each week for horses in the classes named in division (B) of this
section; the number of the races shall be prescribed by the state
racing commission. The commission, pursuant to division (B) of this
section, shall prescribe the class or classes of the races to be held
by each permit holder and, with the advice of the Ohio thoroughbred
racing advisory committee, shall fix the dates and conditions of the
races and the amount of moneys to be paid from the Ohio thoroughbred
race fund to be added in each race to the minimum purse established
by the permit holder for the class of race held.

(2)
The commission, with the advice of the Ohio thoroughbred racing
advisory committee, may provide for stakes races to be run each year,
and fix the number of stakes races and the time, place, and
conditions under which each shall be run. The commission shall fix
the amount of moneys to be paid from the Ohio thoroughbred race fund
to be added to the purse provided for each stakes race by the permit
holder, except that, in at least four stakes races each year, the
commission shall require, if four stakes races can be arranged, that
the permit holder conducting the stakes race provide no less than
fifteen thousand dollars for the purse for the stakes race, and the
commission shall provide moneys from the fund to be added to the
purse in an amount equal to or greater than the amount provided by
the permit holder. The commission may require a nominating,
sustaining, and entry fee not to exceed one per cent of the money
added from the fund for each horse in any stakes race, which fee
shall be added to the purse for the race.

Stakes
races where money is added from the Ohio thoroughbred race fund shall
be open only to accredited Ohio thoroughbred horses and Ohio foaled
horses. Twenty-five per cent of the total moneys to be paid from the
fund for stakes races shall be allocated to races for only accredited
Ohio thoroughbred horses. The commission may require a nominating,
sustaining, and entry fee, not to exceed one per cent of the money
added from the fund, for each horse in any of these stakes races.
These fees shall be accumulated by the commission and shall be paid
out by the commission at its discretion as part of the purse money
for additional races.

(3)
The commission may pay from the Ohio thoroughbred race fund to the
breeder of a horse of class (1) or (2) of division (B) of this
section winning first, second, or third prize money of a purse for a
thoroughbred race an amount not to exceed fifteen per cent of the
first, second, or third prize money of the purse. For the purposes of
this division, the term "breeder" shall be defined by rule
of the commission.

The
commission also may provide for stallion owners' awards in an amount
equal to not less than three nor more than ten per cent of the first,
second, or third place share of the purse. The award shall be paid to
the owner of the stallion, provided that the stallion was standing in
this state as provided in division (A)(1)(b) of this section at the
time the horse placing first, second, or third was conceived.

(D)
The state racing commission may provide for the expenditure of moneys
from the Ohio thoroughbred race fund in an amount not to exceed in
any one calendar year ten per cent of the total amount received in
the account that year to provide for research projects directed
toward improving the breeding, raising, racing, and health and
soundness of thoroughbred horses in the state and toward education or
promotion of the industry. Research for which the moneys from the
fund may be used may include, but shall not be limited to, studies of
pre-race blood testing, post-race testing, improvement of the breed,
and nutrition.

(E)
The state racing commission shall appoint qualified personnel as may
be required to supervise registration of horses under the terms of
this section, to determine the eligibility of horses for accredited
Ohio thoroughbred races, Ohio foaled races, and the stakes races
authorized by division (C)(2) of this section, and to assist the Ohio
thoroughbred racing advisory committee and the commission in
determining the conditions, class, and quality of the race program to
be established under this section so as to carry out the purposes of
this section. The personnel shall serve at the pleasure of the
commission, and compensation shall be fixed by the commission. The
compensation of the personnel and necessary expenses shall be paid
out of the Ohio thoroughbred race fund.

The
commission
shall
adopt rules as are necessary to carry out this section and
shall
administer the stakes race program and other races supported by the
Ohio thoroughbred race fund in a manner best designed to aid in the
development of the thoroughbred horse industry in the state, to
upgrade the quality of horse racing in the state, and to improve the
quality of horses conceived and foaled in the state.

(F)
The state racing commission shall adopt rules regarding the
maintenance and use of money collected for quarter horse development
and purses under division (C) of section 3769.08 and division (A) of
section 3769.087 of the Revised Code.

Sec.
3769.10.
The
state racing commission and the tax commissioner shall enforce this
chapter and may incur such expenses as are necessary; provided, that
the power of the tax commissioner shall extend only to enforcement
and administration of the taxes levied by sections 3769.08, 3769.087,
3769.26, and 3769.28 of the Revised Code as provided in those
sections and in sections 3769.088, 3769.101, 3769.102, 3769.103,
5703.05, 5703.17 to 5703.37, 5703.39, 5703.41, and 5703.45 of the
Revised Code.

The commissioner may adopt, in accordance with section 5703.14 of the
Revised Code, such rules as the commissioner considers necessary to
administer sections 3769.08, 3769.087, 3769.088, 3769.101, 3769.102,
3769.103, 3769.26, and 3769.28 of the Revised Code.

Except
as otherwise provided in section 3769.03 of the Revised Code, all
taxes, fees, and moneys due the state under sections 3769.01 to
3769.071 and 3769.09 to 3769.14 of the Revised Code shall be paid to,
and receipted for by, the secretary of the state racing commission,
and shall be paid by the secretary weekly into the state treasury to
the credit of the general revenue fund. All taxes due the state under
sections 3769.08, 3769.087, and 3769.26 of the Revised Code shall be
paid to, and receipted for by, the tax commissioner, and shall be
paid by the commissioner monthly into the proper funds.

All
vouchers of the commission shall be approved by the commission
chairperson or secretary, or both, as authorized by the commission.

Sec.
3770.02.
(A)
Subject to the advice and consent of the senate, the governor shall
appoint a director of the state lottery commission who shall serve at
the pleasure of the governor. The director shall devote full time to
the duties of the office and shall hold no other office or
employment. The director shall meet all requirements for appointment
as a member of the commission and shall, by experience and training,
possess management skills that equip the director to administer an
enterprise of the nature of a state lottery. The director shall
receive an annual salary in accordance with pay range 48 of section
124.152 of the Revised Code.

(B)(1)
The director shall attend all meetings of the commission and shall
act as its secretary. The director shall keep a record of all
commission proceedings and shall keep the commission's records,
files, and documents at the commission's principal office. All
records of the commission's meetings shall be available for
inspection by any member of the public, upon a showing of good cause
and prior notification to the director.

(2)
The director shall be the commission's executive officer and shall be
responsible for keeping all commission records and supervising and
administering the state lottery in accordance with this chapter, and
carrying out all commission rules adopted under section 3770.03 of
the Revised Code.

(C)(1)
The director shall appoint deputy directors as necessary and as many
regional managers as are required. The director may also appoint
necessary professional, technical, and clerical assistants. All such
officers and employees shall be appointed and compensated pursuant to
Chapter 124. of the Revised Code. Regional and assistant regional
managers, sales representatives, and any lottery executive account
representatives shall remain in the unclassified service. The
assistant director shall act as director in the absence or disability
of the director. If the director does not appoint an assistant
director, the director shall designate a deputy director to act as
director in the absence or disability of the director.

(2)
The director, in consultation with the director of administrative
services, may establish standards of proficiency and productivity for
commission field representatives.

(D)
The director shall request the bureau of criminal identification and
investigation, the department of public safety, or any other state,
local, or federal agency to supply the director with the criminal
records of any job applicant and may periodically request the
criminal records of commission employees. At or prior to the time of
making such a request, the director shall require a job applicant or
commission employee to obtain fingerprint cards prescribed by the
superintendent of the bureau of criminal identification and
investigation at a qualified law enforcement agency, and the director
shall cause these fingerprint cards to be forwarded to the bureau of
criminal identification and investigation and the federal bureau of
investigation. The commission shall assume the cost of obtaining the
fingerprint cards and shall pay to each agency supplying criminal
records for each investigation under this division a reasonable fee,
as determined by the agency.

(E)
The director shall license lottery sales agents pursuant to section
3770.05 of the Revised Code and, when it is considered necessary, may
revoke or suspend the license of any lottery sales agent. The
director may license video lottery technology providers, independent
testing laboratories, and gaming employees
,
and promulgate rules relating thereto
.
When the director considers it necessary, the director may suspend or
revoke the license of a video lottery technology provider,
independent testing laboratory, or gaming employee, including
suspension or revocation without affording an opportunity for a prior
hearing under section 119.07 of the Revised Code when the public
safety, convenience, or trust requires immediate action.

(F)
The director shall confer at least once each month with the
commission, at which time the director shall advise it regarding the
operation and administration of the lottery. The director shall make
available at the request of the commission all documents, files, and
other records pertaining to the operation and administration of the
lottery. The director shall prepare and make available to the
commission each month a complete and accurate accounting of lottery
revenues, prize money disbursements and the cost of goods and
services awarded as prizes, operating expenses, and all other
relevant financial information, including an accounting of all
transfers made from any lottery funds in the custody of the treasurer
of state to benefit education.

(G)
The director may enter into contracts for the operation or promotion
of the lottery pursuant to Chapter 125. of the Revised Code.

(H)(1)
Pursuant to rules adopted by the commission under section 3770.03 of
the Revised Code, the director shall require any lottery sales agents
to deposit to the credit of the state lottery fund, in banking
institutions designated by the treasurer of state, net proceeds due
the commission as determined by the director.

(2)
Pursuant to rules adopted by the commission under Chapter 119. of the
Revised Code, the director may impose penalties for the failure of a
sales agent to transfer funds to the commission in a timely manner.
Penalties may include monetary penalties, immediate suspension or
revocation of a license, or any other penalty the commission adopts
by rule.

(I)
The director may arrange for any person, or any banking institution,
to perform functions and services in connection with the operation of
the lottery as the director may consider necessary to carry out this
chapter.

(J)(1)
As used in this chapter, "statewide joint lottery game"
means a lottery game that the commission sells solely within this
state under an agreement with other lottery jurisdictions to sell the
same lottery game solely within their statewide or other
jurisdictional boundaries.

(2)
If the governor directs the director to do so, the director shall
enter into an agreement with other lottery jurisdictions to conduct
statewide joint lottery games. If the governor signs the agreement
personally or by means of an authenticating officer pursuant to
section 107.15 of the Revised Code, the director then may conduct
statewide joint lottery games under the agreement.

(3)
The entire net proceeds from any statewide joint lottery games shall
be used to fund elementary, secondary, vocational, and special
education programs in this state.

(4)
The commission shall conduct any statewide joint lottery games in
accordance with rules it adopts under division (B)(5) of section
3770.03 of the Revised Code.

(K)(1)
The director shall enter into an agreement with the department of
mental health and addiction services under which the department shall
provide a program of gambling addiction services on behalf of the
commission. The commission shall pay the costs of the program
provided pursuant to the agreement.

(2)
As used in this section, "gambling addiction services" has
the same meaning as in section 5119.01 of the Revised Code.

Sec.
3770.03.
(A)(1)
The state lottery commission shall
promulgate
rules pursuant to Chapter 119. of the Revised Code, and shall
adopt
operating procedures, under which a statewide lottery and statewide
joint lottery may be conducted, which
includes
include
,
and since the original enactment of this section has included, the
authority for the commission to operate video lottery terminal games
and all other lottery games. Any reference in this chapter to tickets
shall not be construed to in any way limit the authority of the
commission to operate video lottery terminal games or lottery sports
gaming.

(2)

Except
regarding matters about which this chapter explicitly requires the
commission to promulgate rules under Chapter 119. of the Revised
Code, the
The

commission
instead

may
adopt operating procedures for the conduct of lottery games. Those
operating procedures shall include, but need not be limited to, the
following:

(a)
The type of lottery to be conducted;

(b)
The prices of tickets in the lottery;

(c)
The number, nature, and value of prize awards, the manner and
frequency of prize drawings, and the manner in which prizes shall be
awarded to holders of winning tickets.

(3)
The commission shall publish all of its operating procedures on its
official web site and shall make copies of its operating procedures
available to the public upon request.

(4)
An operating procedure adopted under this section is not considered a
rule under section 111.15 of the Revised Code.

(5)
All rules of the commission that are in effect on

the effective date of this amendment

October
3, 2023,
remain
effective unless the commission rescinds them.

(B)
The commission shall promulgate rules pursuant to Chapter 119. of the
Revised Code concerning all of the following:

(1)
The locations at which lottery tickets may be sold and the manner in
which they are to be sold. These rules may authorize the sale of
lottery tickets by commission personnel or other licensed individuals
from traveling show wagons at the state fair, and at any other
expositions the director of the commission considers acceptable.
These rules shall prohibit commission personnel or other licensed
individuals from soliciting from an exposition the right to sell
lottery tickets at that exposition, but shall allow commission
personnel or other licensed individuals to sell lottery tickets at an
exposition if the exposition requests commission personnel or
licensed individuals to do so. These rules may also address the
accessibility of sales agent locations to commission products in
accordance with the "Americans with Disabilities Act of 1990,"
104 Stat. 327, 42 U.S.C. 12101 et seq.

(2)
The manner in which lottery sales revenues are to be collected,
including authorization for the director to impose penalties for
failure by lottery sales agents to transfer revenues to the
commission in a timely manner;

(3)
The amount of compensation to be paid to licensed lottery sales
agents;

(4)
The substantive criteria for the licensing of lottery sales agents
consistent with section 3770.05 of the Revised Code, and procedures
for revoking or suspending their licenses consistent with Chapter
119. of the Revised Code. If circumstances, such as the nonpayment of
funds owed by a lottery sales agent, or other circumstances related
to the public safety, convenience, or trust, require immediate
action, the director may suspend a license without affording an
opportunity for a prior hearing under section 119.07 of the Revised
Code.

(5)
Special game rules to implement any agreements signed by the governor
that the director enters into with other lottery jurisdictions under
division (J) of section 3770.02 of the Revised Code to conduct
statewide joint lottery games. The rules shall require that the
entire net proceeds of those games that remain, after associated
operating expenses, prize disbursements, lottery sales agent bonuses,
commissions, and reimbursements, and any other expenses necessary to
comply with the agreements or the rules are deducted from the gross
proceeds of those games, be transferred to the lottery profits
education fund under division (B) of section 3770.06 of the Revised
Code.

(6)
Rules establishing any of the following with respect to the operation
of video lottery terminal games:

(a)
Any fees, fines, or payment schedules;

(b)
Any voluntary exclusion program.

(C)
Chapter 2915. of the Revised Code does not apply to, affect, or
prohibit lotteries conducted pursuant to this chapter.

(D)
The commission may promulgate rules pursuant to Chapter 119. of the
Revised Code that establish any standards governing the display of
advertising and celebrity images on lottery tickets and on other
items that are used in the conduct of, or to promote, the statewide
lottery and statewide joint lottery games. Any revenue derived from
the sale of advertising displayed on lottery tickets and on those
other items shall be considered, for purposes of section 3770.06 of
the Revised Code, to be related proceeds in connection with the
statewide lottery or gross proceeds from statewide joint lottery
games, as applicable.

(E)(1)
The commission shall meet with the director at least once each month
and shall convene other meetings at the request of the chairperson or
any five of the members. No action taken by the commission shall be
binding unless at least five of the members present vote in favor of
the action. A written record shall be made of the proceedings of each
meeting and shall be transmitted forthwith to the governor, the
president of the senate, the senate minority leader, the speaker of
the house of representatives, and the house minority leader.

(2)
The director shall present to the commission a report each month,
showing the total revenues, prize disbursements, and operating
expenses of the state lottery for the preceding month. As soon as
practicable after the end of each fiscal year, the commission shall
prepare and transmit to the governor and the general assembly a
report of lottery revenues, prize disbursements, and operating
expenses for the preceding fiscal year and any recommendations for
legislation considered necessary by the commission.

Sec.
3770.24.
(A)
The state lottery commission shall operate lottery sports gaming as
part of the statewide lottery in accordance with this section and
with Chapter 3775. of the Revised Code.
The
state lottery commission may adopt rules under Chapter 119. of the
Revised Code, in consultation with the Ohio casino control
commission, to implement sections 3770.23 to 3770.25 of the Revised
Code, so long as those rules are not in conflict with the rules of
the Ohio casino control commission.

(B)(1)
Each type C sports gaming proprietor shall contract with the state
lottery commission to operate lottery sports gaming on behalf of the
state lottery commission in exchange for a portion of the state's
proceeds from lottery sports gaming.

(2)
All provisions of Chapter 3775. of the Revised Code that apply to
type C sports gaming proprietors and type C sports gaming hosts apply
to those persons when they operate or offer lottery sports gaming.

(3)
A type C sports gaming proprietor may adapt any existing self-service
or clerk-operated lottery terminals owned or operated by the sports
gaming proprietor or the state lottery commission also to serve as
lottery sports gaming terminals, subject to the rules of the Ohio
casino control commission and the state lottery commission.

Sec.
3772.03.
(A)
To ensure the integrity of casino gaming, the commission shall have
authority to complete the functions of licensing, regulating,
investigating, and penalizing casino operators, management companies,
holding companies, key employees, casino gaming employees, and
gaming-related vendors. The commission also shall have jurisdiction
over all persons participating in casino gaming authorized by Section
6(C) of Article XV, Ohio Constitution, and this chapter.

(B)
All rules adopted by the commission under this chapter shall be
adopted under procedures established in Chapter 119. of the Revised
Code. The commission may contract for the services of experts and
consultants to assist the commission in carrying out its duties under
this section.

(C)

The
commission shall adopt rules as are necessary for completing the
functions stated in division (A) of this section and for addressing
the subjects enumerated in division (D) of this section.

(D)

The
commission shall adopt
,
and as advisable and necessary shall amend or repeal,

rules that include all of the following:

(1)
The prevention of practices detrimental to the public interest;

(2)
Prescribing the method of applying, and the form of application, that
an applicant for a license under this chapter must follow as
otherwise described in this chapter;

(3)
Prescribing the information to be furnished by an applicant or
licensee as described in section 3772.11 of the Revised Code;

(4)
Describing the certification standards and duties of an independent
testing laboratory certified under section 3772.31 of the Revised
Code and the relationship between the commission, the laboratory, the
gaming-related vendor, and the casino operator;

(5)
The minimum amount of insurance that must be maintained by a casino
operator, management company, holding company, or gaming-related
vendor;

(6)
The approval process for a significant change in ownership or
transfer of control of a licensee as provided in section 3772.091 of
the Revised Code;

(7)
The design of gaming supplies, devices, and equipment to be
distributed by gaming-related vendors;

(8)
Identifying the casino gaming that is permitted, identifying the
gaming supplies, devices, and equipment, that are permitted, defining
the area in which the permitted casino gaming may be conducted, and
specifying the method of operation according to which the permitted
casino gaming is to be conducted as provided in section 3772.20 of
the Revised Code, and requiring gaming devices and equipment to meet
the standards of this state;

(9)
Tournament play in any casino facility;

(10)
Establishing and implementing a voluntary exclusion program that
provides all of the following:

(a)
Except as provided by commission rule, a person who participates in
the program shall agree to refrain from entering a casino facility.

(b)
The name of a person participating in the program shall be included
on a list of persons excluded from all casino facilities.

(c)
Except as provided by commission rule, no person who participates in
the program shall petition the commission for admittance into a
casino facility.

(d)
The list of persons participating in the program and the personal
information of those persons shall be confidential and shall only be
disseminated by the commission to the state lottery commission,
casino operators, sports gaming proprietors, and their agents and
employees for purposes of enforcement and to other entities, upon
request of the participant and agreement by the commission.

(e)
A casino operator shall make all reasonable attempts as determined by
the commission to cease all direct marketing efforts to a person
participating in the program.

(f)
A casino operator shall not cash the check of a person participating
in the program or extend credit to the person in any manner. However,
the program shall not exclude a casino operator from seeking the
payment of a debt accrued by a person before participating in the
program.

(g)
Any and all locations at which a person may register as a participant
in the program shall be published.

(11)
Requiring the commission to adopt standards regarding the marketing
materials of a licensed casino operator, including allowing the
commission to prohibit marketing materials that are contrary to the
adopted standards;

(12)
Requiring that the records, including financial statements, of any
casino operator, management company, holding company, and
gaming-related vendor be maintained in the manner prescribed by the
commission and made available for inspection upon demand by the
commission, but shall be subject to section 3772.16 of the Revised
Code;

(13)
Permitting a licensed casino operator, management company, key
employee, or casino gaming employee to question a person suspected of
violating this chapter;

(14)
The chips, tokens, tickets, electronic cards, or similar objects that
may be purchased by means of an agreement under which credit is
extended to a wagerer by a casino operator;

(15)
Establishing standards for provisional key employee licenses for a
person who is required to be licensed as a key employee and is in
exigent circumstances and standards for provisional licenses for
casino gaming employees who submit complete applications and are
compliant under an instant background check. A provisional license
shall be valid not longer than three months. A provisional license
may be renewed one time, at the commission's discretion, for an
additional three months. In establishing standards with regard to
instant background checks the commission shall take notice of
criminal records checks as they are conducted under section 311.41 of
the Revised Code using electronic fingerprint reading devices.

(16)
Establishing approval procedures for third-party engineering or
accounting firms, as described in section 3772.09 of the Revised
Code;

(17)
Prescribing the manner in which winnings, compensation from casino
gaming, and gross revenue must be computed and reported by a licensee
as described in Chapter 5753. of the Revised Code;

(18)
Prescribing conditions under which a licensee's license may be
suspended or revoked as described in section 3772.04 of the Revised
Code;

(19)
Prescribing the manner and procedure of all hearings to be conducted
by the commission or by any hearing examiner;

(20)
Prescribing technical standards and requirements that are to be met
by security and surveillance equipment that is used at and standards
and requirements to be met by personnel who are employed at casino
facilities, and standards and requirements for the provision of
security at and surveillance of casino facilities;

(21)
Prescribing requirements for a casino operator to provide unarmed
security services at a casino facility by licensed casino employees,
and the training that shall be completed by these employees;

(22)
Prescribing standards according to which casino operators shall keep
accounts and standards according to which casino accounts shall be
audited, and establish means of assisting the tax commissioner in
levying and collecting the gross casino revenue tax levied under
section 5753.02 of the Revised Code;

(23)
Defining penalties for violation of commission rules and a process
for imposing such penalties;

(24)
Establishing standards for decertifying contractors that violate
statutes or rules of this state or the federal government;

(25)
Establishing standards for the repair of casino gaming equipment;

(26)
Establishing procedures to ensure that casino operators, management
companies, and holding companies are compliant with the compulsive
and problem gambling plan submitted under section 3772.18 of the
Revised Code;

(27)
Prescribing, for institutional investors in or holding companies of a
casino operator, management company, holding company, or
gaming-related vendor that fall below the threshold needed to be
considered an institutional investor or a holding company, standards
regarding what any employees, members, or owners of those investors
or holding companies may do and shall not do in relation to casino
facilities and casino gaming in this state, which standards shall
rationally relate to the need to proscribe conduct that is
inconsistent with passive institutional investment status;

(28)
Providing for any other thing necessary and proper for successful and
efficient regulation of casino gaming under this chapter.

(E)
(D)

The commission shall employ and assign gaming agents as necessary to
assist the commission in carrying out the duties of this chapter and
Chapters 2915. and 3775. of the Revised Code. In order to maintain
employment as a gaming agent, the gaming agent shall successfully
complete all continuing training programs required by the commission
and shall not have been convicted of or pleaded guilty or no contest
to an offense that makes the gaming agent ineligible for appointment
or retention under section 3772.07 of the Revised Code.

(F)
(E)

The commission, as a law enforcement agency, and its gaming agents,
as law enforcement officers as defined in section 2901.01 of the
Revised Code, shall have authority with regard to the detection and
investigation of, the seizure of evidence allegedly relating to, and
the apprehension and arrest of persons allegedly committing
violations of this chapter or gambling offenses as defined in section
2915.01 of the Revised Code or violations of any other law of this
state that may affect the integrity of casino gaming, the operation
of skill-based amusement machines, or the operation of sports gaming,
and shall have access to casino facilities, skill-based amusement
machine facilities, and sports gaming facilities to carry out the
requirements of this chapter and Chapter 3775. of the Revised Code.

(G)
(F)

The commission may eject or exclude or authorize the ejection or
exclusion of and a gaming agent may eject a person from a casino
facility for any of the following reasons:

(1)
The person's name is on the list of persons voluntarily excluding
themselves from all casinos in a program established according to
rules adopted by the commission;

(2)
The person violates or conspires to violate this chapter or a rule
adopted thereunder; or

(3)
The commission determines that the person's conduct or reputation is
such that the person's presence within a casino facility may call
into question the honesty and integrity of the casino gaming
operations or interfere with the orderly conduct of the casino gaming
operations.

(H)
(G)

A person, other than a person participating in a voluntary exclusion
program, may petition the commission for a public hearing on the
person's ejection or exclusion under this chapter.

(I)
(H)

A casino operator or management company shall have the same authority
to eject or exclude a person from the management company's casino
facilities as authorized in division
(G)
(F)

of this section. The licensee shall immediately notify the commission
of an ejection or exclusion.

(J)
(I)

The commission shall submit a written annual report with the
governor, president and minority leader of the senate, and the
speaker and minority leader of the house of representatives before
the first day of September each year. The annual report shall cover
the previous fiscal year and shall include all of the following:

(1)
A statement describing the receipts and disbursements of the
commission;

(2)
Relevant financial data regarding casino gaming, including gross
revenues and disbursements made under this chapter;

(3)
Actions taken by the commission;

(4)
An update on casino operators', management companies', and holding
companies' compulsive and problem gambling plans and the voluntary
exclusion program and list;

(5)
Information regarding prosecutions for conduct described in division
(H) of section 3772.99 of the Revised Code, including, but not
limited to, the total number of prosecutions commenced and the name
of each person prosecuted;

(6)
Any additional information that the commission considers useful or
that the governor, president or minority leader of the senate, or
speaker or minority leader of the house of representatives requests.

(K)
(J)

To ensure the integrity of skill-based amusement machine operations,
the commission shall have jurisdiction over all persons conducting or
participating in the conduct of skill-based amusement machine
operations authorized by this chapter and Chapter 2915. of the
Revised Code, including the authority to complete the functions of
licensing, regulating, investigating, and penalizing those persons in
a manner that is consistent with the commission's authority to do the
same with respect to casino gaming. To carry out this division, the
commission may adopt rules under Chapter 119. of the Revised Code
,
including rules

establishing fees and penalties related to the operation of
skill-based amusement machines.

(L)
(K)

To ensure the integrity of fantasy contests, the commission shall
have jurisdiction over all persons conducting or participating in the
conduct of a fantasy contest authorized by Chapter 3774. of the
Revised Code, including the authority to license, regulate,
investigate, and penalize those persons in a manner that is
consistent with the commission's authority to do the same with
respect to skill-based amusement machines. To carry out this
division, the commission may adopt rules under Chapter 119. of the
Revised Code
,
including rules

establishing fees and penalties related to the operation of fantasy
contests.

(M)
(L)

All fees imposed pursuant to the rules adopted under divisions
(K)
(J)

and
(L)
(K)

of this section shall be deposited into the casino control commission
fund.

Sec.
3772.37.
(A)
Pursuant to section 131.02 of the Revised Code, the attorney general
shall develop and implement a real time data match program and make
it available to each casino operator and management company to
identify patrons who owe amounts to the state or a political
subdivision.

(B)(1)
Before disbursing any casino winnings to a patron that meet or exceed
the reportable winnings amount set by 26 U.S.C. 6041, a casino
operator or management company shall consult the data match program
to determine whether the patron owes any amounts to the state or a
political subdivision. If the data match program indicates that the
patron owes any amounts to the state or a political subdivision, the
casino operator or management company shall withhold from the
patron's winnings an amount sufficient to satisfy those amounts, up
to the amount of the winnings.

(2)
If the data match program described in section 3123.90 of the Revised
Code indicates that the patron also is in default under a support
order, the casino operator or management company shall transmit to
the department of job and family services an amount sufficient to
satisfy any past due support owed by the patron, up to the amount of
the winnings, before transmitting any remaining amount to the
attorney general under division (C) of this section.

(C)(1)
Not later than seven days after withholding an amount under division
(B) of this section, the casino operator or management company shall
transmit to the attorney general any amount withheld and not already
disbursed to the department of job and family services under section
3123.90 of the Revised Code as payment on the amount owed.

(2)
If the patron owes more than one amount to the state or a political
subdivision as identified by the data match program described in this
section, the amount owed to the state shall be satisfied first,
except that any amounts owed under section 5739.33 and division (G)
of section 5747.07 of the Revised Code shall have first priority.

(D)
Except as otherwise provided in section 131.021 of the Revised Code,
this section applies only to amounts owed that have become final.

(E)
The attorney general, in consultation with the commission, may adopt
rules under Chapter 119. of the Revised Code as necessary to
implement this section.

Sec.
3774.01.
As
used in this chapter:

(A)
"Commission" means the Ohio casino control commission.

(B)
"Entry fee" means cash or cash equivalent that a fantasy
contest operator requires to be paid by a fantasy contest player to
participate in a fantasy contest.

(C)
"Fantasy contest" means a simulated game or contest with an
entry fee that satisfies all of the following conditions:

(1)
The value of all prizes and awards offered to winning fantasy contest
players is established and made known to the players in advance of
the contest.

(2)
All winning outcomes reflect the relative knowledge and skill of the
fantasy contest players and are determined predominantly by
accumulated statistical results of the performance of managing
rosters of athletes whose performance directly corresponds with the
actual performance of athletes in professional sports competitions.

(3)
Winning outcomes are not based on randomized or historical events, or
on the score, point spread, or any performance of any single actual
team or combination of teams or solely on any single performance of
an individual athlete or player in any single actual event.

(4)
The game or contest does not involve horses or horse racing.

(D)
"Fantasy contest operator" means a person that offers
fantasy contests with an entry fee for a prize or award to the
general public. Fantasy contest operator does not include a person
that offers a pool not conducted for profit as defined under division
(XX) of section 2915.01 of the Revised Code.

(E)
"Fantasy contest platform" means any digital or online
method through which a fantasy contest operator provides access to a
fantasy contest.

(F)
"Fantasy contest player" means a person who participates in
a fantasy contest offered by a fantasy contest operator.

(G)
"Holding company" means any corporation, firm, partnership,
limited partnership, limited liability company, trust, or other form
of business organization not a natural person that directly or
indirectly does any of the following:

(1)
Has the power or right to control a fantasy contest operator;

(2)
Holds an ownership interest of ten per cent or more, as determined by
the commission, in a fantasy contest operator;

(3)
Holds voting rights with the power to vote ten per cent or more of
the outstanding voting rights of a fantasy contest operator.

(H)
"Key employee" means a person, employed by a fantasy
contest operator, who is responsible for ensuring, and has the
authority necessary to ensure, that all requirements under this
chapter and the rules adopted under this chapter and division
(L)
(K)

of section 3772.03 of the Revised Code are met.

(I)
"Management company" means an organization retained by a
fantasy contest operator to manage a fantasy contest platform and
provide services such as accounting, general administration,
maintenance, recruitment, and other operational services.

(J)
"Material nonpublic information" means information related
to the play of a fantasy contest by a fantasy contest player that is
not readily available to the general public and is obtained as a
result of a person's employment.

(K)
"Script" means a list of commands that a
fantasy-contest-related computer program can execute and that is
created by a fantasy contest player, or by a third party for a
fantasy contest player, to automate processes on a fantasy contest
platform.

Sec.
3774.02.
(A)
A fantasy contest operator may not offer a fantasy contest in this
state without first obtaining a license from the commission.

(B)(1)
In order to obtain or renew a license to operate fantasy contests in
this state, a fantasy contest operator shall pay to the commission a
nonrefundable license fee.

(2)
Unless a license issued under this chapter is suspended, expires, or
is revoked, a license may be renewed. After a determination by the
commission that the licensee is in compliance with this chapter and
rules adopted by the commission under this chapter or division
(L)
(K)

of section 3772.03 of the Revised Code, the license shall be renewed
for not more than three years, as determined by commission rule
adopted under this chapter or division
(L)
(K)

of section 3772.03 of the Revised Code.

(C)
Notwithstanding division (B) of this section, the commission may
investigate a licensee at any time the commission determines it is
necessary to ensure that the licensee remains in compliance with this
chapter and the rules adopted under this chapter or division
(L)
(K)

of section 3772.03 of the Revised Code. Any fantasy contest operator
that applies for or holds a license under this chapter shall
establish the operator's suitability for a license by clear and
convincing evidence.

Sec.
3774.03.
The
commission shall adopt rules under Chapter 119. of the Revised Code
as are necessary to complete the functions and address the subjects
enumerated in division (A) of this section.

(A)
The commission may adopt,

and as advisable and necessary may

amend
,

or repeal
,

rules
that
include
to
do
all
of the following:

(1)

Prohibiting

Prohibit

fantasy
contest operator's employees, relatives living in the same household
as those employees, and athletes and referees in the underlying
professional sports competitions from competing in any public fantasy
contest offered by a fantasy contest operator or from sharing any
material nonpublic information with third parties;

(2)

Ensuring

Ensure

fantasy
contest operators prohibit access to both of the following:

(a)
Individuals under eighteen years of age;

(b)
Individuals who, upon request, seek to restrict themselves from
entering fantasy contests.

(3)

Ensuring

Ensure

fantasy
contest operators segregate fantasy contest player funds from
operational funds or maintain a reserve that exceeds the amount of
player funds on deposit, which reserve may not be used for
operational activities. These reserve funds may take the form of
cash, cash equivalents, payment processor reserves, payment processor
receivables, an irrevocable letter of credit, a bond, any other
method approved by the commission, or a combination thereof, in an
amount that must exceed the total balances of the fantasy contest
player's accounts. All reserve funds, except payment processor
reserves, shall be maintained by or otherwise under the control of a
licensed fantasy contest operator, unless otherwise authorized by the
commission.

(4)

Prescribing

Prescribe

requirements
related to beginning players and highly experienced players;

(5)

Prescribing

Prescribe

requirements
for internal procedures
,
including at a minimum, procedures

for all of the following:

(a)
Complying with all applicable state and federal requirements to
protect the privacy and online security of fantasy contest players
and their accounts;

(b)
Suspending the accounts of players who violate this chapter and the
rules adopted by the commission under this chapter or division
(L)
(K)

of section 3772.03 of the Revised Code;

(c)
Providing fantasy contest players with access to information on
playing responsibly and seeking assistance for compulsive behavior;

(d)
Establishing the maximum number of entries that a fantasy contest
player may submit to each fantasy contest;

(e)
Any other procedure that the commission determines necessary in the
rules adopted under
this
chapter or
division

(L)
(K)

of section 3772.03 of the Revised Code.

(6)

Requiring

Require

a
license application to require an applicant for a fantasy contest
operator license to designate at least one key employee as a
condition to obtain a license;

(7)

Establishing

Establish

the
length of time, which shall be not more than three years, that a
fantasy contest operator license and renewal license shall be valid;

(8)

Establishing

Establish

the
fee for obtaining or renewing a license, which shall not exceed ten
thousand dollars for each year of a license and a total of thirty
thousand dollars for a three-year license, and which may be paid in
equal installments on an annual basis over the term of the license
;
and

(9)
Any other procedure or thing that the commission determines necessary
to ensure the integrity of fantasy contests
.

(B)
The commission may not adopt rules to do either of the following:

(1)
Limit or regulate the statistical makeup of a game or contest, or the
digital platform of a fantasy contest operator; or

(2)
Require licensure of any persons other than fantasy contest
operators, holding companies, or management companies.

(C)
Nothing in this section prohibits the commission from adopting rules
establishing consumer protections.

Sec.
3774.04.
(A)
Each fantasy contest operator shall retain and maintain in a place
secure from theft, loss, or destruction all of the records required
to be maintained by this chapter for at least five years from the
date of the record's creation.

(B)
Each fantasy contest operator shall retain and maintain accurate,
complete, legible, and permanent records, whether in electronic or
other format, of any books, records, or documents relating to the
fantasy contest operator's business and accounting operations, which
includes all of the following:

(1)
The fantasy contest operator's business and organizational structure;

(2)
Correspondence with or by, or reports to or from, the commission, or
any local, state, or federal governmental agency, foreign or
domestic;

(3)
The fantasy contest operator's financial statements, accounting
records, ledgers, and internal and external audit records;

(4)
All records related to the conduct of fantasy contests by the fantasy
contest operator in this state;

(5)
Any materials used to advertise, publicize, or otherwise promote the
fantasy contest operator's fantasy contests in this state;

(6)
Any other books, records, or documents the commission requires the
fantasy contest operator to retain and maintain, in rules adopted by
the commission under this chapter or division
(L)
(K)

of section 3772.03 of the Revised Code.

(C)
Each fantasy contest operator shall organize all required records in
a manner that enables the commission to locate, inspect, review, and
analyze the records with reasonable ease and efficiency and, upon
request, provide the commission or its executive director, or duly
authorized designee thereof, with the records required to be retained
and maintained by this section.

Sec.
3774.09.
Fantasy
contests offered in accordance with this chapter and the rules
adopted by the commission under this chapter or division
(L)
(K)

of section 3772.03 of the Revised Code are exempt from Chapter 2915.
of the Revised Code.

Sec.
3775.16.
(A)
Pursuant to section 131.02 of the Revised Code, the attorney general
shall develop and implement a real time data match program and make
it available to each sports gaming proprietor to identify patrons who
owe amounts to the state or a political subdivision.

(B)(1)
Subject to division (E) of this section, before disbursing any sports
gaming winnings to a patron in an amount for which reporting to the
internal revenue service of the amount is required by section 6041 of
the Internal Revenue Code, as amended, a sports gaming proprietor
shall consult the data match program to determine whether the patron
owes any amounts to the state or a political subdivision. If the data
match program indicates that the patron owes any amounts to the state
or a political subdivision, the sports gaming proprietor shall
withhold from the patron's winnings an amount sufficient to satisfy
those amounts, up to the amount of the winnings.

(2)
If the data match program described in section 3123.90 of the Revised
Code indicates that the patron also is in default under a support
order, the sports gaming proprietor shall transmit to the department
of job and family services an amount sufficient to satisfy any past
due support owed by the patron, up to the amount of the winnings,
before transmitting any remaining amount to the attorney general
under division (C) of this section.

(C)(1)
Not later than fourteen days after withholding an amount under
division (B) of this section, the sports gaming proprietor shall
transmit to the attorney general any amount withheld and not already
disbursed to the department of job and family services under section
3123.90 of the Revised Code as payment on the amount owed.

(2)
If the patron owes more than one amount to the state or a political
subdivision as identified by the data match program described in this
section, the amount owed to the state shall be satisfied first,
except that any amounts owed under section 5739.33 and division (G)
of section 5747.07 of the Revised Code shall have first priority.

(D)
Except as otherwise provided in section 131.021 of the Revised Code,
this section applies only to amounts owed that have become final.

(E)
A sports gaming proprietor that offers lottery sports gaming through
a terminal described in division (B)(3) of section 3770.24 of the
Revised Code shall not withhold amounts under this section from
winnings from wagers placed through that terminal. The state lottery
commission shall withhold amounts from those winnings under section
3770.073 of the Revised Code.

(F)
The attorney general, in consultation with the commission, may adopt
rules under Chapter 119. of the Revised Code as necessary to
implement this section.

Sec.
3776.03.
(A)
The director of health shall adopt and may amend or rescind rules in
accordance with Chapter 119. of the Revised Code governing all of the
following:

(1)
The manner in which the passage of an examination required by section
3776.06 of the Revised Code is verified;

(2)
The form for application;

(3)
The establishment of criteria for determining what courses may be
included toward fulfillment of the science course requirements of
section 3776.05 of the Revised Code;

(4)
The determination of the continuing education program requirements of
section 3776.07 of the Revised Code;

(5)
The administration and enforcement of this chapter.

(B)
The director may adopt, in accordance with Chapter 119. of the
Revised Code, rules of a general application throughout the state for
the practice of environmental health
that
are necessary to administer and enforce this chapter, including rules

governing
all of the following:

(1)
The registration, advancement, and reinstatement of applicants to
practice as an environmental health specialist or environmental
health specialist in training;

(2)
Educational requirements necessary for qualification for registration
as an environmental health specialist or an environmental health
specialist in training under division
of

(B)

of

section
3776.05 of the Revised Code, including criteria for determining what
courses may be included toward fulfillment of the science course
requirements of that section;

(3)
Continuing education requirements for environmental health
specialists and environmental health specialists in training,
including the process for applying for continuing education credits;

(4)
The terms of office for members of the environmental health
specialist advisory board created in section 3776.02 of the Revised
Code
;

(5)
Any other rule necessary for the administration and enforcement of
this chapter
.

Sec.
3780.03.
Establishment
and authority of division of cannabis control; adoption of rules.

(A)
There is hereby established a division of cannabis control within the
department of commerce.

(B)
To ensure the proper oversight and control of the adult use cannabis
industry, the division of cannabis control shall have the authority
to license, regulate, investigate, and penalize adult use cannabis
operators, adult use testing laboratories, and individuals required
to be licensed under this chapter.

(C)
The division of cannabis control shall adopt
,
and as advisable and necessary shall amend or repeal,

rules on the following:

(1)
Prevention of practices detrimental to the public interest consistent
with this chapter, and also ways to educate the public about this
chapter;

(2)
Establishing application, licensure, and renewal standards and
procedures for license applicants or license holders related to adult
use cannabis operators, adult use testing laboratories, and
individuals required to be licensed, including any additional
background check requirements, the disqualifying offenses under
section 3780.01 of the Revised Code that prohibit licensure, and any
exemption criteria from licensing requirements for institutional or
private investors who do not have significant control or influence
over a license applicant or license holder, and whose ownership in a
license is for investment purposes only;

(3)
Establishing reasonable application, licensure, and renewal fees
amounts to ensure license applicants and license holders under this
chapter pay for the actual costs for administration and licensure for
the division of cannabis control;

(4)
Establishing standards for provisional licenses for an individual who
is required to be licensed and who has exigent circumstances. Such
standards for provisional licenses must include submission of a
complete application and compliance with a required background check.
A provisional license shall be valid not longer than three months. A
provisional license may be renewed, at the division of cannabis
control's discretion, for an additional three months. In establishing
standards with regard to instant background checks the division of
cannabis control may use all available resources.

(5)
Specifying the process and reasons for which a license holder may be
fined, suspended either with or without a prior hearing, revoked, or
not renewed or issued;

(6)
The process and requirements for division of cannabis control
approval of any requested change in ownership or transfer of control
of an adult use cannabis operator or adult use testing laboratory;

(7)
Establishing processes and standards for expanding the size of the
cultivation area for a cultivation facility;

(8)
Establishing standards and procedures for the testing of adult use
cannabis by an adult use testing laboratory licensed under this
chapter. When establishing standards and procedures for the testing
of cannabis, the division of cannabis control shall do all of the
following:

(a)
Specify when testing must be conducted;

(b)
Determine the minimum amount of adult use cannabis that must be
tested;

(c)
Specify the manner in which testing is to be conducted in an effort
to ensure uniformity of cannabis products processed and dispensed;
and

(d)
Specify the manner in which test results are provided.

(9)
The minimum amount of insurance or surety bond that must be
maintained by an adult use cannabis operator and adult use testing
laboratory;

(10)
Requiring the division of cannabis control to adopt reasonable
standards for any adult use cannabis samples, and advertising as
prescribed in section 3780.21 of the Revised Code;

(11)
Requiring that the records, including financial statements, of an
adult use cannabis operator or adult use testing laboratory be
maintained in the manner up to two years as prescribed by the
division of cannabis control and which shall be made available for
inspection upon demand by the division of cannabis control, but shall
be subject to section 3780.31 of the Revised Code;

(12)
Prescribing technical standards and requirements consistent with
industry standards that must be met for security and surveillance
equipment necessary for the provision of security and surveillance of
adult use cannabis operators and adult use testing laboratories;

(13)
Prescribing requirements for a license holder's provision of security
services for an adult use cannabis operator and adult use testing
laboratories which shall include the license holder's option to use
armed or unarmed services including through agents of the license
holder;

(14)
Prescribing standards according to which license holders shall keep
accounts and standards according to which adult use cannabis
operators and adult use testing laboratories accounts shall be
audited, and establish guidance for assisting the department of
taxation in levying and collecting the adult use tax levied under
section 3780.22 of the Revised Code;

(15)
Determining penalties for violation of division of cannabis control
rules or this chapter, and a process for imposing such penalties;

(16)
Training requirements for employees and agents of adult use cannabis
operators and adult use laboratories;

(17)
Prescribing standards and procedures to allow for adult use cannabis
delivery to adult use consumers, and online and mobile ordering
procedures, which may only be conducted by an adult use dispensary or
their agent;

(18)
Prescribing cannabis inventory requirements to be maintained in an
electronic database consistent with section 3780.05 of the Revised
Code;

(19)
Prescribing standards and procedures for product packaging and
labeling of adult use cannabis products;

(20)
Establishing a tetrahydrocannabinol content limit for adult use
cannabis, which for plant material the content limit shall be not
less than thirty-five per cent and for extracts the content limit
shall be not less than ninety per cent, but that such content limits
may be increased or eliminated by the division of cannabis control;
and

(21)
Prescribing duty to update requirements for license holders.

(D)
All rules adopted under this section and chapter shall be adopted in
accordance with Chapter 119. of the Revised Code.

(E)

In
addition to the rules described in division (C) of this section, the
division of cannabis control may adopt any other rules it considers
necessary for the administration, implementation, and enforcement of
this chapter consistent with this chapter.

(F)

When
adopting rules under this section, the division of cannabis control
shall consider standards and procedures that have been found to be
best practices relative to the use and regulation of adult use
cannabis and shall harmonize any rules with the rules adopted
pursuant to sections 3796.03 and 3796.04 of the Revised Code to
minimize duplication of operational requirements and fees as much as
possible. If there is a conflict with Chapter 3796. of the Revised
Code and related rules, and Chapter 3780. of the Revised Code and
related rules, then Chapter 3780. of the Revised Code and related
rules shall govern.

Sec.
3780.04.
Allowable
forms of adult use cannabis.

(A)
Only adult use cannabis may be sold under this chapter in the
following forms: plant material and seeds, live plants, clones,
extracts, drops, lozenges, oils, tinctures, edibles, patches, smoking
or combustible product, vaporization of product, beverages, pills,
capsules, suppositories, oral pouches, oral strips, oral and topical
sprays, salves, lotions or similar cosmetic products, and inhalers.

(B)
Any person may submit a petition to the division of cannabis control
requesting that an additional form or method of adult use cannabis be
approved. A petition shall be submitted to the division of cannabis
control in a manner prescribed by the division of cannabis control.

(C)
On receipt of a petition, the division of cannabis control shall
determine whether or not to approve the form or method of adult use
cannabis described in the petition within sixty days of petition
receipt.

(D)
The division of cannabis control may adopt rules as necessary to
implement this section.

Sec.
3780.07.
Facilities.

(A)
Except as provided in divisions (B), (C), and (D) of this section, no
adult use cannabis operator or adult use testing laboratory shall be
located within five hundred feet of the end boundaries of a parcel of
real estate having situated on it a prohibited facility.

If
a relocation of an adult use cannabis operator or adult use testing
laboratory licensed under this chapter results in the adult use
cannabis operator or adult use testing laboratory being located
within five hundred feet of the boundaries of a prohibited facility,
the division of cannabis control shall deny the relocation and the
adult use cannabis operator or adult use testing laboratory may apply
with the division of cannabis control to request a relocation to a
different location.

(B)
Division (A) does not apply to:

(1)
Current facilities and properties of adult use cannabis operators if
the license holder or applicant, or the owners of the license holder
or applicant, also have a certificate of operation and is doing
business at that same location; or

(2)
Research related to adult use cannabis conducted at a state
university, academic medical center, or private or public research
and development organization as part of a research protocol approved
by an institutional review board or equivalent entity, or any other
entity as approved by the division of cannabis control.

(C)
Upon a level I cultivator or level II cultivator with a certificate
of operation, or the same owners of the level I or level II
cultivator, receiving a license from the division of cannabis control
as a level I adult use cultivator or level II adult use cultivator,
the license holder may expand its cultivation area and facility as
authorized in this chapter notwithstanding any limitation resulting
from Chapter 3796
.

of the Revised Code or Chapter 3796
.

of the Administrative Code.

(D)
Upon the division of cannabis control's receipt of a request from an
adult use cultivator or level III adult use cultivator for expansion
beyond what is authorized in this chapter, the division of cannabis
control shall have ninety days to review and approve or deny a
request for expansion consistent with division of cannabis control
rule.

(E)
After the review and approval from the division of cannabis control,
an adult use cultivator may relocate all or a portion of the
authorized cultivation area to more than one cultivation facility as
long as any relocation complies with this chapter, the relocated
facility is operated under the same license, and so long as the
aggregate square footage for all related cultivation area and
facilities does not exceed the square footage limitations under the
license as authorized under this chapter. A level I adult use
cultivator or level II adult use cultivator who also has, or whose
same owner also has, a certification of operation, may only relocate
cultivation area that is above the original approved cultivation area
under
Chapter

3796
.

of the Revised Code and
Chapter

3796
.

of the Administrative Code.

(F)
A level III adult use cultivator's cultivation area shall not exceed
five thousand square feet unless authorized by the division of
cannabis control under this chapter.

(G)
The division of cannabis control may adopt rules as necessary to
implement this section.

Sec.
3780.10.
Adult
use cannabis operator and adult use testing laboratory licenses.

(A)
No person shall operate as an adult use cannabis operator or adult
use testing laboratory without a license issued pursuant to this
chapter.

(B)
The following licenses shall be issued by the division of cannabis
control within nine months of December 7, 2023, if the license
applicant is in compliance with section 3780.11 of the Revised Code
and this chapter, and the license applicant has, or the same owners
of the license applicant have, a certificate of operation or medical
provisional license issued as of December 7, 2023:

(1)
A dispensary issued a certificate of operation or medical provisional
license shall be issued an adult use dispensary license under this
chapter for the current location of the dispensary;

(2)
A level I cultivator issued a certificate of operation or medical
provisional license shall be issued under this chapter three adult
use dispensary licenses at locations designated in a license
application, and one level I adult use cultivator license for the
current location of the level I cultivation facility;

(3)
A level II cultivator issued a certificate of operation or medical
provisional license shall be issued under this chapter one adult use
dispensary license at a location designated in the license
application, and one level II adult use cultivator license for the
current location of the level II cultivation facility;

(4)
A dispensary issued a certificate of operation or medical provisional
license shall be issued under this chapter one adult use dispensary
license at a different location as designated in the license
application if the dispensary does not have any common ownership or
control with any level I adult use cultivator, level II adult use
cultivator, or adult use processor license applicant or licensee;

(5)
A processor issued a certificate of operation or medical provisional
license shall be issued under this chapter one adult use processor
license for the current location of the processor; and

(6)
A testing laboratory issued a certificate of operation shall be
issued under this chapter one adult use testing laboratory license
for the current location of the testing laboratory.

Notwithstanding
anything in this section, a license shall not be issued pursuant to
division (B) of this section to a license applicant holding only a
related medical provisional license unless the medical provisional
license holder is issued a certificate of operation within two years
of December 7, 2023.

(C)
The division of cannabis control shall issue up to forty level III
adult use cultivator licenses consistent with this chapter. No person
may have any ownership or control in more than one level III adult
use cultivator license under this chapter. No adult use cultivator or
adult use processor may have any ownership or control in a level III
adult use cultivator license.

(D)
The division of cannabis control shall issue up to fifty additional
adult use dispensary licenses in conformity with this chapter.

(E)
Following twenty-four months from the first date of issuance of an
adult use operator license, the division of cannabis control shall
review the number of adult use cannabis operator licenses on a
biannual basis and may authorize additional licenses after
considering:

(1)
The current and anticipated market growth and consumer demand,
including the number of adult use consumers seeking adult use
cannabis;

(2)
The current and projected supply of adult use cannabis produced by
licensed adult use cultivators, level III adult use cultivators, and
adult use processors; and

(3)
The geographic distribution of adult use dispensary sites in an
effort to ensure adult use customer access to adult use cannabis.

(F)(1)
The division of cannabis control shall provide a report and
recommendation within ninety days of the conclusion of the
requirements in division (E) of this section to the director for
consideration.

(2)

The
division of cannabis control may adopt rules as necessary to
implement this division.

(3)

The
division of cannabis control shall adopt a rule regarding the number
of licenses a license holder may hold for each type of license
consistent with this chapter. As of December 7, 2023, and
notwithstanding any other provision of this chapter, no person shall
be issued more than eight adult use dispensary licenses, not more
than one adult use cultivator license, and not more than one adult
use processor license at any time, unless authorized by the division
of cannabis control after an analysis supporting the licensing
pursuant to rule.

(G)
The division of cannabis control may authorize additional adult use
testing laboratory licenses at any time.

Sec.
3780.20.
Operations.

(A)
Adult use cannabis operators and adult use testing laboratories shall
adopt operating procedures and comply with operation requirements
required by rules under
section

3780.03
of the Revised Code, which include, but are not limited to, the
following as applicable:

(1)
Quality assurance;

(2)
Package and labeling;

(3)
Waste disposal;

(4)
Inventory control and storage;

(5)
Monitoring, surveillance
,

and
security requirements;

(6)
Laboratory testing;

(7)
Records and reporting requirements;

(8)
Hours of operation and procedures when location is closed;

(9)
Receipt of adult use cannabis;

(10)
Dispensing errors reporting and review;

(11)
Destruction and disposal of adult cannabis;

(12)
Recall procedures; and

(13)
Transportation of adult use cannabis.

(B)
No adult use cannabis operator may sell or dispense adult use
cannabis without remuneration unless authorized under rule pursuant
to
section

3780.03
of

this chapter

the Revised Code
.

(C)
The division of cannabis control may adopt other operation rules as
necessary consistent with this chapter.

Sec.
3780.24.
Tax
administration and enforcement.

The
tax commissioner shall administer and enforce section 3780.22 of the
Revised Code. In addition to any other powers conferred upon the tax
commissioner by law, the tax commissioner may:

(A)
Prescribe all forms that are required to be filed under section
3780.22 of the Revised Code;

(B)

Adopt
rules that are necessary and proper to carry out section 3780.22 of
the Revised Code; and

(C)

Appoint
professional, technical, and clerical employees as are necessary to
carry out the tax commissioner's duties under section 3780.22 of the
Revised Code.

Sec.
3781.10.
(A)(1)
The board of building standards shall formulate and adopt rules
governing the erection, construction, repair, alteration, and
maintenance of all buildings or classes of buildings specified in
section 3781.06 of the Revised Code, including land area incidental
to those buildings, the construction of industrialized units, the
installation of equipment, and the standards or requirements for
materials used in connection with those buildings. The board shall
incorporate those rules into separate residential and nonresidential
building codes. The standards shall relate to the conservation of
energy and the safety and sanitation of those buildings.

(2)(a)
The rules governing nonresidential buildings are the lawful minimum
requirements specified for those buildings and industrialized units,
except that no rule other than as provided in division (C) of section
3781.108 of the Revised Code that specifies a higher requirement than
is imposed by any section of the Revised Code is enforceable.

(b)
The rules governing residential buildings are uniform requirements in
any area with a building department certified to enforce the state
residential building code in accordance with division (E) of this
section, for both of the following:

(i)
The erection and construction of new residential buildings;

(ii)
The repair and alteration of existing residential buildings.

(c)
In no case shall any local code or regulation differ from the state
residential building code for either the erection and construction of
new residential buildings or for the repair and alteration of
existing residential buildings unless that code or regulation
addresses subject matter not addressed by the state residential
building code or is adopted pursuant to section 3781.01 of the
Revised Code.

(3)
The rules adopted pursuant to this section are complete, lawful
alternatives to any requirements specified for buildings or
industrialized units in any section of the Revised Code.
Except
as otherwise provided in division (I) of this section, the board
shall, on its own motion or on application made under sections
3781.12 and 3781.13 of the Revised Code, formulate, propose, adopt,
modify, amend, or repeal the rules to the extent necessary or
desirable to effectuate the purposes of sections 3781.06 to 3781.18
of the Revised Code.

(B)
The board shall report to the general assembly proposals for
amendments to existing statutes relating to the purposes declared in
section 3781.06 of the Revised Code that public health and safety and
the development of the arts require and shall recommend any
additional legislation to assist in carrying out fully, in statutory
form, the purposes declared in that section. The board shall prepare
and submit to the general assembly a summary report of the number,
nature, and disposition of the petitions filed under sections 3781.13
and 3781.14 of the Revised Code.

(C)
On its own motion or on application made under sections 3781.12 and
3781.13 of the Revised Code, and after thorough testing and
evaluation, the board shall determine by rule that any particular
fixture, device, material, process of manufacture, manufactured unit
or component, method of manufacture, system, or method of
construction complies with performance standards adopted pursuant to
section 3781.11 of the Revised Code. The board shall make its
determination with regard to adaptability for safe and sanitary
erection, use, or construction, to that described in any section of
the Revised Code, wherever the use of a fixture, device, material,
method of manufacture, system, or method of construction described in
that section of the Revised Code is permitted by law. The board shall
amend or annul any rule or issue an authorization for the use of a
new material or manufactured unit on any like application. No
department, officer, board, or commission of the state other than the
board of building standards or the board of building appeals shall
permit the use of any fixture, device, material, method of
manufacture, newly designed product, system, or method of
construction at variance with what is described in any rule the board
of building standards adopts or issues or that is authorized by any
section of the Revised Code. Nothing in this section shall be
construed as requiring approval, by rule, of plans for an
industrialized unit that conforms with the rules the board of
building standards adopts pursuant to section 3781.11 of the Revised
Code.

(D)
The board shall recommend rules, codes, and standards to help carry
out the purposes of section 3781.06 of the Revised Code and to help
secure uniformity of state administrative rulings and local
legislation and administrative action to the bureau of workers'
compensation, the director of commerce, any other department,
officer, board, or commission of the state, and to legislative
authorities and building departments of counties, townships, and
municipal corporations, and shall recommend that they audit those
recommended rules, codes, and standards by any appropriate action
that they are allowed pursuant to law or the constitution.

(E)(1)
The board shall certify municipal, township, and county building
departments, the personnel of those building departments, persons
described in division (E)(7) of this section, and employees of
individuals, firms, the state, or corporations described in division
(E)(7) of this section to exercise enforcement authority, to accept
and approve plans and specifications, and to make inspections,
pursuant to sections 3781.03, 3791.04, and 4104.43 of the Revised
Code.

(2)
The board shall certify departments, personnel, and persons to
enforce the state residential building code for the erection and
construction of new residential buildings, to enforce the
nonresidential building code, or to enforce both the residential and
the nonresidential building codes. A department certified to enforce
the state residential building code for the erection and construction
of new residential buildings may also enforce the state residential
building code for the repair and alteration of existing residential
buildings upon obtaining the appropriate certification from the
board, in accordance with this section, for the department and its
personnel. Any department, personnel, or person may enforce only the
type of building code for which certified.

(3)
The board shall not require a building department, its personnel, or
any persons that it employs to be certified for residential building
code enforcement if that building department does not enforce the
state residential building code. The board shall specify, in rules
adopted pursuant to Chapter 119. of the Revised Code, the
requirements for certification for residential and nonresidential
building code enforcement, which shall be consistent with this
division. The requirements for residential and nonresidential
certification may differ. Except as otherwise provided in this
division, the requirements shall include, but are not limited to, the
satisfactory completion of an initial examination and, to remain
certified, the completion of a specified number of hours of
continuing building code education within each three-year period
following the date of certification which shall be not less than
thirty hours. The rules shall provide that continuing education
credits and certification issued by the council of American building
officials, national model code organizations, and agencies or
entities the board recognizes are acceptable for purposes of this
division. The rules shall specify requirements that are consistent
with the provisions of section 5903.12 of the Revised Code relating
to active duty military service and are compatible, to the extent
possible, with requirements the council of American building
officials and national model code organizations establish.

(4)
The board shall establish and collect a certification and renewal fee
for building department personnel, and persons and employees of
persons, firms, or corporations as described in this section, who are
certified pursuant to this division.

(5)
Any individual certified pursuant to this division shall complete the
number of hours of continuing building code education that the board
requires or, for failure to do so, forfeit certification.

(6)
This division does not require or authorize the board to certify
personnel of municipal, township, and county building departments,
and persons and employees of persons, firms, or corporations as
described in this section, whose responsibilities do not include the
exercise of enforcement authority, the approval of plans and
specifications, or making inspections under the state residential and
nonresidential building codes.

(7)
Enforcement authority for approval of plans and specifications and
enforcement authority for inspections may be exercised, and plans and
specifications may be approved and inspections may be made on behalf
of a municipal corporation, township, or county, by any of the
following who the board of building standards certifies:

(a)
Officers or employees of the municipal corporation, township, or
county;

(b)
Persons, or employees of persons, firms, or corporations, pursuant to
a contract to furnish architectural, engineering, or other services
to the municipal corporation, township, or county;

(c)
Officers or employees of, and persons under contract with, a
municipal corporation, township, county, health district, or other
political subdivision, pursuant to a contract to furnish
architectural, engineering, or other services;

(d)
Officers or employees of the division of industrial compliance in the
department of commerce pursuant to a contract authorized by division
(B) of section 121.083 of the Revised Code.

(8)
Municipal, township, and county building departments have
jurisdiction within the meaning of sections 3781.03, 3791.04, and
4104.43 of the Revised Code, only with respect to the types of
buildings and subject matters for which they are certified under this
section.

(9)
A certified municipal, township, or county building department may
exercise enforcement authority, accept and approve plans and
specifications, and make inspections pursuant to sections 3781.03,
3791.04, and 4104.43 of the Revised Code for a park district created
pursuant to Chapter 1545. of the Revised Code upon the approval, by
resolution, of the board of park commissioners of the park district
requesting the department to exercise that authority and conduct
those activities, as applicable.

(10)
Certification shall be granted upon application by the municipal
corporation, the board of township trustees, or the board of county
commissioners and approval of that application by the board of
building standards. The application shall set forth:

(a)
Whether the certification is requested for residential or
nonresidential buildings, or both;

(b)
If the certification is requested for residential buildings, whether
the requested certification is for only the erection and construction
of new residential buildings or also the repair and alteration of
existing residential buildings;

(c)
The number and qualifications of the staff composing the building
department;

(d)
The names, addresses, and qualifications of persons, firms, or
corporations contracting to furnish work or services pursuant to
division (E)(7)(b) of this section;

(e)
The names of any other municipal corporation, township, county,
health district, or political subdivision under contract to furnish
work or services pursuant to division (E)(7) of this section;

(f)
The proposed budget for the operation of the building department;

(g)
Whether the building department intends to accept plans examination
and inspection reports from a third-party examiner or inspector in
accordance with rules adopted by the board of building standards
pursuant to division (E)(15) of this section.

(11)
The board of building standards shall adopt rules governing all of
the following:

(a)
The certification of building department personnel and persons and
employees of persons, firms, or corporations exercising authority
pursuant to division (E)(7) of this section. The rules shall
disqualify any employee of the department or person who contracts for
services with the department from performing services for the
department when that employee or person would have to pass upon,
inspect, or otherwise exercise authority over any labor, material, or
equipment the employee or person furnishes for the construction,
alteration, or maintenance of a building or the preparation of
working drawings or specifications for work within the jurisdictional
area of the department. The department shall provide other similarly
qualified personnel to enforce the residential and nonresidential
building codes as they pertain to that work.

(b)
The minimum services to be provided by a certified building
department.

(12)
The board of building standards may revoke or suspend certification
to enforce the residential and nonresidential building codes, on
petition to the board by any person affected by that enforcement or
approval of plans, or by the board on its own motion. Hearings shall
be held and appeals permitted on any proceedings for certification or
revocation or suspension of certification in the same manner as
provided in section 3781.101 of the Revised Code for other
proceedings of the board of building standards.

(13)
Upon certification, and until that authority is revoked, any county
or township building department shall enforce the residential and
nonresidential building codes for which it is certified without
regard to limitation upon the authority of boards of county
commissioners under Chapter 307. of the Revised Code or boards of
township trustees under Chapter 505. of the Revised Code.

(14)
The board shall certify a person to exercise enforcement authority,
to accept and approve plans and specifications, or to make
inspections in this state in accordance with Chapter 4796. of the
Revised Code if either of the following applies:

(a)
The person holds a license or certificate in another state.

(b)
The person has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in the same profession, occupation, or occupational activity
as the profession, occupation, or occupational activity for which the
certificate is required in this state in a state that does not issue
that license or certificate.

(15)(a)
In addition to the personnel and persons certified by the board of
building standards pursuant to this section to enforce the state
residential building code and nonresidential building code, the board
may adopt rules authorizing certified municipal, township, and county
building departments to accept plans examination and inspection
reports from a third-party examiner or inspector.

(b)
The rules may require the third-party examiner or inspector be
certified pursuant to sections 3781.10 and 3783.03 of the Revised
Code and authorized to conduct such plans examination or inspection
elsewhere in this state or to demonstrate equivalent competency as
specified and determined by the board of building standards.

(c)
Fees charged by a third-party examiner or inspector are in addition
to any fees prescribed by the political subdivision pursuant to
section 3781.102 of the Revised Code and are the responsibility of
the building owner.

(d)
The issuance of certificates of plan approval under section 3791.04
of the Revised Code and certificates of occupancy or completion
remains the exclusive authority of the certified personnel employed
by or under contract with a certified municipal, township, and county
building department and shall not be issued by a third-party examiner
or inspector.

(F)
In addition to hearings sections 3781.06 to 3781.18 and 3791.04 of
the Revised Code require, the board of building standards shall make
investigations and tests, and require from other state departments,
officers, boards, and commissions information the board considers
necessary or desirable to assist it in the discharge of any duty or
the exercise of any power mentioned in this section or in sections
3781.06 to 3781.18, 3791.04, and 4104.43 of the Revised Code.

(G)
The board shall adopt rules and establish reasonable fees for the
review of all applications submitted where the applicant applies for
authority to use a new material, assembly, or product of a
manufacturing process. The fee shall bear some reasonable
relationship to the cost of the review or testing of the materials,
assembly, or products and for the notification of approval or
disapproval as provided in section 3781.12 of the Revised Code.

(H)
The residential construction advisory committee shall provide the
board with a proposal for a state residential building code that the
committee recommends pursuant to division (D)(1) of section 4740.14
of the Revised Code. Upon receiving a recommendation from the
committee that is acceptable to the board, the board shall adopt
rules establishing that code as the state residential building code.

(I)(1)
The committee may provide the board with proposed rules to update or
amend the state residential building code that the committee
recommends pursuant to division (E) of section 4740.14 of the Revised
Code.

(2)
If the board receives a proposed rule to update or amend the state
residential building code as provided in division (I)(1) of this
section, the board either may accept or reject the proposed rule for
incorporation into the residential building code. If the board does
not act to either accept or reject the proposed rule within ninety
days after receiving the proposed rule from the committee as
described in division (I)(1) of this section, the proposed rule shall
become part of the residential building code.

(J)
The board shall cooperate with the director of children and youth
when the director promulgates rules pursuant to section 5104.05 of
the Revised Code regarding safety and sanitation in type A family
child care homes.

(K)
The board shall adopt rules to implement the requirements of section
3781.108 of the Revised Code.

Sec.
3781.105.
(A)
The board of building standards shall certify individuals who design
fire protection systems for buildings and who meet the requirements
specified in this section. The board may establish separate
certification categories for specific types of fire protection
systems.

(B)
Any individual who wishes to obtain certification shall make
application to the board on a form prescribed by the board. The
application shall be accompanied by an application fee and an initial
certification fee. The initial certification fee shall be refunded if
the applicant fails to obtain certification. Certification may be
renewed annually upon payment of a renewal fee.

Fees
required to be paid under this division shall be established by rule
adopted by the board. The application fee shall bear a reasonable
relationship to processing the individual's application, the
certification fee shall bear a reasonable relationship to certifying
the individual, and the certification renewal fee shall bear a
reasonable relationship to renewing the individual's certification.

(C)
Each applicant shall submit evidence satisfactory to the board that
the applicant has directly engaged in designing and preparing
drawings for the category of the type of fire protection system for
which the applicant seeks certification.

(D)
The board shall certify any qualified applicant who passes an
examination prescribed either by the board or by the national
institute for certification in engineering technologies. The
examination shall demonstrate the applicant's knowledge and
understanding of the category of the type of fire protection system
for which the applicant seeks certification.

(E)
The board, after a hearing in accordance with Chapter 119. of the
Revised Code, may suspend or revoke any category of certification of
any individual who proves at any time to be incompetent to submit and
certify plans and specifications for that category to the appropriate
building department under section 3791.04 of the Revised Code, and
may suspend or revoke all categories of certification of any
individual who engages in any illegal or fraudulent acts in
connection with the design of fire protection systems.

(F)

The
board may adopt rules in accordance with Chapter 119. of the Revised
Code for the administration and enforcement of this section.

(G)

Notwithstanding
any other provision of this section to the contrary, the board shall
certify an applicant in accordance with Chapter 4796. of the Revised
Code if either of the following applies:

(1)
The applicant is licensed or certified in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a designer of fire protection systems in a state that does
not issue that license or certificate.

Sec.
3781.21.
(A)(1)
Any appeal of an order requested under section 3781.19 or 3781.20 of
the Revised Code may be requested to be expedited. If the expedited
appeal is requested, the state board of building appeals or a
certified municipal or county board of appeals shall do both of the
following:

(a)
Commence the appeal within one day after the request was made,
excluding Saturdays, Sundays, and legal holidays as defined in
section 1.14 of the Revised Code;

(b)
Hold a hearing within five days after the request was made, excluding
Saturdays, Sundays, and legal holidays as defined in section 1.14 of
the Revised Code.

(2)(a)
If a person requests an appeal of an order pursuant to section
3781.19 or 3781.20 of the Revised Code and the person did not request
the appeal to be expedited under division (A)(1) of this section, the
person may request the remainder of the appeal proceeding be
expedited if, during the course of the appeal, the board issues a
continuance of the hearing, such that no decision is made and
additional evidence is requested in order to continue the proceeding.
A person may request that any follow-up hearing be expedited within
five days of the continuance being issued.

(b)
If the expedited appeal is requested under division (A)(2)(a) of this
section, the board shall hold the follow-up hearing within five days
of the request, excluding Saturdays, Sundays, and legal holidays as
defined in section 1.14 of the Revised Code.

(3)
Any expedited appeal under this division shall apply notwithstanding
the seven-day notice requirement under section 119.07 of the Revised
Code or any other conflicting provision of the Revised Code. However,
a board conducting an expedited appeal under this section shall
provide all parties a notice of the hearing prior to conducting the
hearing.

(B)
The person making the request for an expedited appeal pursuant to
division (A) of this section shall pay any fee established by the
state board of building appeals under section 3781.19 of the Revised
Code or a certified municipal or county board of appeals under
section 3781.20 of the Revised Code, which shall not exceed five
hundred dollars for each day the appeal is pending and shall not
exceed a total of one thousand dollars for the entire expedited
appeal.

(C)
Notwithstanding any provision of the Revised Code to the contrary,
the state board of building appeals or a certified municipal or
county board of appeals may conduct an expedited hearing, as
described under this section, by means of teleconference, video
conference, or any other similar electronic technology.

(D)
The board of building standards may adopt rules to implement this
section.

Sec.
3783.05.
The
board of building standards, in accordance with Chapters 119., 3781.,
and 3791. of the Revised Code, shall adopt, amend, or repeal such
rules as may be reasonably necessary to administer this chapter.
All
fees collected by the board pursuant to this chapter shall be paid
into the state treasury to the credit of the industrial compliance
operating fund created in section 121.084 of the Revised Code.

Sec.
3794.07.
Duties
of the Department of Health.

This
chapter shall be enforced by the department of health and its
designees. The director of health shall within six months of December
7, 2006:

(A)

Promulgate
rules in accordance with Chapter 119. of the Revised Code to
implement and enforce all provisions of this chapter;

(B)

Promulgate
rules in accordance with Chapter 119. of the Revised Code to
prescribe a schedule of fines for violations of this chapter designed
to foster compliance with the provisions of this chapter. The amount
of a fine for a violation of divisions (A) and (B) of section 3794.02
and divisions (A) and (B) of section 3794.06 of the Revised Code
shall not be less than one hundred dollars and the maximum for a
violation shall be twenty five hundred dollars. The amount of a fine
for a violation of division (D) of section 3794.02 of the Revised
Code shall be up to a maximum of one hundred dollars per violation.
Each day of a violation shall constitute a separate violation. The
schedule of fines that apply to a proprietor shall be progressive
based on the number of prior violations by the proprietor. Violations
which occurred more than two years prior to a subsequent violation
shall not be considered if there has been no finding of a violation
in the intervening time period. The fine schedule shall set forth
specific factors that may be considered to decrease or waive the
amount of a fine that otherwise would apply. Fines shall be doubled
for intentional violations
.
;

(C)
(B)

Promulgate rules in accordance with Chapter 119. of the Revised Code
to prescribe a procedure for providing a proprietor or individual
written notice of a report of a violation and the opportunity to
present in writing any statement or evidence to contest the report,
and prescribing procedures for making findings whether a proprietor
or individual violated a provision of this chapter and for imposing
fines for violations;

(D)
(C)

Establish a system for receiving reports of violations of the
provisions of this chapter from any member of the public, including,
but not limited to, by mail and one or more e-mail addresses and
toll-free telephone numbers exclusively for such purpose. A person
shall not be required to disclose his or her identity in order to
report a violation;

(E)
(D)

Inform proprietors of public places and places of employment of the
requirements of this chapter and how to comply with its provisions,
including, but not limited to, by providing printed and other
materials and a toll-free telephone number and e-mail address
exclusively for such purposes;

and

(F)
(E)

Design and implement a program to educate the public regarding the
provisions of this chapter, including, but not limited to, through
the establishment of an internet web site and how a violation may be
reported
.
;

(G)
(F)

Adopt rules to prescribe fines for a violation of division (E) of
section 3794.03 of the Revised Code. Division
(B)
(A)

of this section does not apply to a fine for a violation of division
(E) of section 3794.03 of the Revised Code.

Sec.
3796.03.
(A)
The division of marijuana control shall adopt rules establishing
standards and procedures for the medical marijuana control program.

All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

(B)
The rules shall do all of the following:

(1)
Establish application procedures and fees for licenses it issues
under this chapter;

(2)
Specify both of the following:

(a)
The conditions that must be met to be eligible for licensure;

(b)
In accordance with section 9.79 of the Revised Code, the criminal
offenses for which an applicant will be disqualified from licensure
pursuant to that section.

(3)
Establish, in accordance with section 3796.05 of the Revised Code,
the number of cultivator licenses and retail dispensary licenses that
will be permitted at any one time;

(4)
Establish a license renewal schedule, renewal procedures, and renewal
fees;

(5)
Specify reasons for which a license may be suspended, including
without prior hearing, revoked, or not be renewed or issued and the
reasons for which a civil penalty may be imposed on a license holder;

(6)
Establish standards under which a license suspension may be lifted;

(7)
Establish procedures for registration of patients and caregivers and
requirements that must be met to be eligible for registration;

(8)
Establish training requirements for employees of retail dispensaries;

(9)
Specify if a cultivator, processor, retail dispensary, or laboratory
that is licensed under this chapter and that existed at a location
before a school, church, public library, public playground, or public
park became established within five hundred feet of the cultivator,
processor, retail dispensary, or laboratory, may remain in operation
or shall relocate or have its license revoked by the division;

(10)
Specify, by form and tetrahydrocannabinol content, a maximum
ninety-day supply of medical marijuana that may be possessed;

(11)
Specify the paraphernalia or other accessories that may be used in
the administration to a registered patient of medical marijuana;

(12)
Establish procedures for the issuance of patient or caregiver
identification cards;

(13)
Specify the forms of or methods of using medical marijuana that are
attractive to children;

(14)
Specify both of the following:

(a)
Subject to division (B)(14)(b) of this section, the criminal offenses
for which a person will be disqualified from employment with a
license holder;

(b)
Which of the criminal offenses specified pursuant to division
(B)(14)(a) of this section will not disqualify a person from
employment with a license holder if the person was convicted of or
pleaded guilty to the offense more than five years before the date
the employment begins.

(15)
Establish a program to assist patients who are veterans or indigent
in obtaining medical marijuana in accordance with this chapter;

(16)
Establish, in accordance with section 3796.05 of the Revised Code,
standards and procedures for the testing of medical marijuana by a
laboratory licensed under this chapter.

(C)

In
addition to the rules described in division (B) of this section, the
division may adopt any other rules it considers necessary for the
program's administration and the implementation and enforcement of
this chapter.

(D)

When
adopting rules under this section, the division shall consider
standards and procedures that have been found to be best practices
relative to the use and regulation of medical marijuana.

Sec.
3796.061.
(A)
Any person may submit a petition to the state division of marijuana
control requesting that a form of or method of using medical
marijuana be approved for the purposes of section 3796.06 of the
Revised Code. A petition shall be submitted to the division in a
manner prescribed by the division. A petition shall not seek to
approve a method of using medical marijuana that involves smoking or
combustion.

(B)
On receipt of a petition, the division shall review it to determine
whether to approve the form of or method of using medical marijuana
described in the petition. The division may consolidate the review of
petitions for the same or similar forms or methods. In making its
determination, the division shall consult with one or more experts
and review any relevant scientific evidence.

(C)
The division shall approve or deny the petition in accordance with
any rules adopted by the division under this section. The division's
decision is final.

(D)
The division may adopt rules as necessary to implement this section.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

Sec.
3796.16.
(A)(1)
The division of marijuana control shall attempt in good faith to
negotiate and enter into a reciprocity agreement with any other state
under which a medical marijuana registry identification card or
equivalent authorization that is issued by the other state is
recognized in this state, if the division determines that both of the
following apply:

(a)
The eligibility requirements imposed by the other state for that
authorization are substantially comparable to the eligibility
requirements for a patient or caregiver registration and
identification card issued under this chapter.

(b)
The other state recognizes a patient or caregiver registration and
identification card issued under this chapter.

(2)
The division shall not negotiate any agreement with any other state
under which an authorization issued by the other state is recognized
in this state other than as provided in division (A)(1) of this
section.

(B)
If a reciprocity agreement is entered into in accordance with
division (A) of this section, the authorization issued by the other
state shall be recognized in this state, shall be accepted and valid
in this state, and grants the patient or caregiver the same right to
use, possess, obtain, or administer medical marijuana in this state
as a patient or caregiver who was registered and issued an
identification card under this chapter.

(C)
The division may adopt any rules as necessary to implement this
section.

Sec.
3797.08.
The
attorney general shall do all of the following:

(A)
In consultation with county sheriffs and not later than July 1, 2006,
adopt rules that do all of the following:

(1)

Contain
guidelines necessary for the implementation of this chapter;

(2)

Prescribe the registration, notice of intent to reside, and
verification of current address forms to be used by registrants and
sheriffs under sections 3797.02, 3797.03, and 3797.04 of the Revised
Code;

(3)
(2)

Establish procedures for the forwarding of forms by the sheriff to
the attorney general;

(4)
(3)

Designate a geographic area or areas within which the notice
described in division (B) of section 3797.06 of the Revised Code must
be given to the persons identified in divisions (A)(2) to (8) of that
section;

(5)
(4)

At the attorney general's discretion, establish one or more
categories of neighbors of a registrant who, in addition to the
occupants of residential premises and other persons specified in
division (A) of section 3797.06 of the Revised Code, must be given
the notice described in division (B) of that section.

(B)
Make copies of the forms described in division
(A)(2)
(A)(1)

of this section available to sheriffs and judges;

(C)
Not later than January 1, 2007, establish and operate on the internet
a civil registry of persons against whom a court has entered a
declaratory judgment under section 2721.21 of the Revised Code that
contains information for each of those persons who registers in any
county in this state pursuant to section 3797.02 of the Revised Code.
The attorney general shall determine the information to be provided
on the registry for each registrant. The information provided for
each registrant shall include at least the name, current residential
and employment addresses, and photograph of the registrant, the name
of the court that entered a declaratory judgment against the
registrant pursuant to section 2721.21 of the Revised Code, and the
date on which the judgment was entered. The registry shall be a
public record open for inspection under section 149.43 of the Revised
Code, and it shall be searchable by registrant name, by county, by
zip code, and by school district. The registry shall provide a link
to the web site of each sheriff of a county who has established and
operates on the internet a database that contains information for
registrants who register in that county pursuant to section 3797.02
or 3797.03 of the Revised Code.

(D)
Upon the request of any sheriff, provide technical guidance to the
requesting sheriff in establishing on the internet a database of
registrants for the public dissemination of information that relates
to registrants who are registered in the sheriff's county and that is
a public record.

Sec.
3901.041.
The
superintendent of insurance shall
adopt,
amend, and rescind rules and
make
adjudications
,

necessary to discharge the superintendent's duties and exercise the
superintendent's powers, including, but not limited to, the
superintendent's duties and powers under Chapters 1751. and 1753. and
Title XXXIX of the Revised Code, subject to Chapter 119. of the
Revised Code.

Sec.
3901.042.
The
superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code
for
the purpose of implementing amended substitute House Bill 478 of the
119th General Assembly, including rules
that
establish fees for any service or transaction that is required by

that
act
H.B.
478 of the 119th general assembly
.
The rules shall specify each such service or transaction and the
amount of the fee that is so charged. Any fee collected pursuant to
those rules shall be paid into the state treasury to the credit of
the department of insurance operating fund.

Sec.
3901.074.
(A)(1)
An insurer or insurance group shall have discretion regarding the
format of its corporate governance annual disclosure.

(2)
The CGAD shall be prepared consistent with
the

rules
adopted by the superintendent pursuant to
section
3901.077
Chapter
119.
of
the Revised Code regarding the required content of the CGAD and shall
contain the material information necessary for the superintendent to
gain an understanding of the insurer's or group's corporate
governance structure, policies, and practices.

(3)
All documentation and supporting information shall be maintained and
made available for examination upon request of the superintendent.

(B)
The superintendent may request additional information the
superintendent considers material and necessary to provide a clear
understanding of the insurer's or insurance group's corporate
governance policies and the reporting or information system or
controls implementing those policies.

Sec.
3901.212.
(A)
As used in sections 3901.212 to 3901.213 of the Revised Code,
"consumer" means a policyholder, potential policyholder,
certificate holder, potential certificate holder, insured, potential
insured, or applicant.

(B)
The superintendent may adopt rules pursuant to Chapter 119. of the
Revised Code

to implement the practices set forth in section 3901.213 of the
Revised Code to ensure consumer protection. Such regulations
,
consistent with applicable law,
may

to

address
all of the following

regarding practices set forth in section 3901.213 of the Revised
Code
:

(1)
Consumer data protections and privacy;

(2)
Consumer disclosure;

(3)
Unfair discrimination
;

(4)
Any other matter the superintendent considers pertinent
.

Sec.
3901.31.
(A)
Every person who is directly or indirectly the beneficial owner of
more than ten per cent of any class of any equity security of a
domestic stock insurance company which is not a wholly owned
subsidiary of an insurance holding company system or who is a
director or officer of such company, shall file with the
superintendent of insurance within ten days after the person becomes
such beneficial owner, director, or officer, a statement in such form
as the superintendent of insurance may prescribe, of the amount of
all equity securities of such company of which the person is the
beneficial owner, and within ten days after the close of each
calendar month thereafter, if there has been a change in such
ownership during such month, shall file with the superintendent of
insurance a statement, in such form as the superintendent of
insurance may prescribe, indicating the person's ownership at the
close of the calendar month and such changes in the person's
ownership as have occurred during such calendar month.

(B)
For the purpose of preventing the unfair use of information which may
have been obtained by such beneficial owner, director, or officer by
reason of the beneficial owner's, director's, or officer's
relationship to such company, any profit realized by the beneficial
owner, director, or officer from any purchase and sale, or any sale
and purchase, of any equity security of such company within any
period of less than six months, unless such security was acquired in
good faith in connection with a debt previously contracted, shall
inure to and be recoverable by the company, irrespective of any
intention on the part of such beneficial owner, director, or officer
in entering into such transaction of holding the security purchased
or of not repurchasing the security sold for a period exceeding six
months. Suit to recover such profit may be instituted at law or in
equity in any court of competent jurisdiction by the company, or by
the owner of any security of the company in the name and in behalf of
the company if the company fails or refuses to bring such suit within
sixty days after request or fails diligently to prosecute the same
thereafter; but no such suit shall be brought more than two years
after the date such profit was realized. Division (B) of this section
shall not be construed to cover any transaction where such beneficial
owner was not such both at the time of purchase and sale, or the sale
and purchase, of the security involved
,
or any transaction or transactions which the superintendent of
insurance by rules may exempt as not comprehended within the purpose
of division (B) of this section
.

(C)
No such beneficial owner, director, or officer, directly or
indirectly, shall sell any equity security of such company if the
person selling the security or the person's principal does not own
the security sold, or if owning the security, does not deliver it
against such sale within twenty days thereafter, or does not within
five days after such sale deposit it in the mails or other usual
channels of transportation; but no person shall be deemed to have
violated division (C) of this section if the person proves that
notwithstanding the exercise of good faith the person was unable to
make such delivery or deposit within such time, or that to do so
would cause undue inconvenience or expense.

(D)
A domestic insurance company having at least fifty shareholders or
any other person soliciting proxies with respect to such domestic
insurance company shall not solicit voting proxies from any
shareholder or other person except upon a proxy statement and
pursuant to a notice of meeting, which statement and notice have been
submitted to the superintendent of insurance at least ten days prior
to being mailed to the intended recipients. Such proxy statement and
notice of meeting shall make such disclosures pertinent to the
business to be carried on at the meeting or meetings with respect to
which such proxies are solicited and such notices are given as the
superintendent by rule requires. The superintendent shall retain such
proxy material for examination by any interested party for at least
one year.

(E)
Division (B) of this section does not apply to any purchase and sale,
or sale and purchase, and division (C) of this section does not apply
to any sale, of an equity security of a domestic stock insurance
company not then or theretofore held in an investment account, by a
dealer in the ordinary course of the dealer's business and incident
to the establishment or maintenance by the dealer of a primary or
secondary market for such security.
The
superintendent of insurance may, by such rules as the superintendent
considers necessary or appropriate in the public interest, describe
and define the terms and conditions with respect to securities held
in an investment account and transactions made in the ordinary course
of business and incident to the establishment or maintenance of a
primary or secondary market.

(F)
Divisions (A), (B), and (C) of this section do not apply to foreign
or domestic arbitrage transactions unless made in contravention of
such rules as the superintendent of insurance may adopt in order to
carry out the purposes of this section.

(G)
"Equity security" when used in this section means any stock
or similar security; or any security convertible, with or without
consideration, into such a security, or carrying any warrant or right
to subscribe to or purchase such a security; or any such warrant or
right
;
or any other security which the superintendent of insurance
determines to be of similar nature and considers necessary or
appropriate, by such rules as the superintendent may prescribe in the
public interest or for the protection of investors, to treat as an
equity security
.

(H)

The
superintendent of insurance may adopt, amend, and rescind rules,
pursuant to Chapter 119. of the Revised Code, which will enable the
superintendent to carry out the duties imposed by this section.

(I)

This
section applies to health insuring corporations in the same manner in
which this section applies to domestic stock insurance companies.

Sec.
3901.321.
(A)
For the purposes of this section:

(1)
"Acquiring party" means any person by whom or on whose
behalf a merger or other acquisition of control is to be effected.

(2)
"Domestic insurer" includes any person controlling a
domestic insurer unless the person, as determined by the
superintendent of insurance, is either directly or through its
affiliates primarily engaged in business other than the business of
insurance.

(3)
"Person" does not include any securities broker holding, in
the usual and customary broker's function, less than twenty per cent
of the voting securities of an insurance company or of any person
that controls an insurance company.

(B)(1)
Subject to compliance with division (B)(2) of this section, no person
other than the issuer shall do any of the following if, as a result,
the person would, directly or indirectly, including by means of
conversion or the exercise of any right to acquire, be in control of
a domestic insurer:

(a)
Make a tender offer for any voting security of a domestic insurer;

(b)
Make a request or invitation for tenders of any voting security of a
domestic insurer;

(c)
Enter into any agreement to exchange securities of a domestic
insurer;

(d)
Seek to acquire or acquire, in the open market or otherwise, any
voting security of a domestic insurer;

(e)
Enter into an agreement to merge with, or otherwise to acquire
control of, a domestic insurer.

(2)(a)
No person shall engage in any transaction described in division
(B)(1) of this section, unless all of the following conditions are
met:

(i)
The person has filed with the superintendent of insurance a statement
containing the information required by division (C) of this section;

(ii)
The person has sent the statement to the domestic insurer;

(iii)
The offer, request, invitation, agreement, or acquisition has been
approved by the superintendent in the manner provided in division (F)
of this section.

(b)
The requirements of division (B)(2)(a) of this section shall be met
at the time any offer, request, or invitation is made, or any
agreement is entered into, or prior to the acquisition of the
securities if no offer or agreement is involved.

(3)
Any controlling person of a domestic insurer seeking to divest its
controlling interest in the domestic insurer shall file a
confidential notice of its proposed divestiture with the
superintendent at least thirty days prior to the cessation of
control, and provide a copy of the confidential notice to the
insurer. The superintendent may require the person seeking to divest
the controlling interest to file for and obtain approval of the
transaction. The information shall remain confidential until the
conclusion of the transaction unless the superintendent, in the
superintendent's discretion, determines that the confidential
treatment will interfere with enforcement of this section. If the
statement required by division (B)(2) of this section is otherwise
filed with the superintendent in relation to all parties that acquire
a controlling interest as a result of the divestiture, this division
shall not apply.

(C)
The statement required by division (B)(2) of this section shall be
made under oath or affirmation, and shall contain all of the
following information:

(1)
The name and address of each acquiring party;

(2)
If the acquiring party is an individual, the individual's principal
occupation and all offices and positions held during the past five
years, and any conviction of crimes other than minor traffic
violations during the past ten years;

(3)
If the acquiring party is not an individual, a report of the nature
of its business operations during the past five years or for such
lesser period as the acquiring party and any of its predecessors
shall have been in existence; an informative description of the
business intended to be done by the acquiring party and the acquiring
party's subsidiaries; and a list of all individuals who are or who
have been selected to become directors or executive officers of the
acquiring party, who perform or will perform functions appropriate to
such positions. The list shall include for each individual the
information required by division (C)(2) of this section.

(4)
The source, nature, and amount of the consideration used or to be
used in effecting the merger or other acquisition of control, a
description of any transaction in which funds were or are to be
obtained for any such purpose, including any pledge of the domestic
insurer's stock, or the stock of any of its subsidiaries or
controlling affiliates, and the identity of persons furnishing such
consideration;

(5)
Fully audited financial information as to the earnings and financial
condition of each acquiring party for its preceding five fiscal
years, or for such lesser period as the acquiring party and any of
its predecessors shall have been in existence, and similar unaudited
information as of a date not earlier than ninety days prior to the
filing of the statement;

(6)
Any plans or proposals which each acquiring party may have to
liquidate such domestic insurer, to sell its assets or merge or
consolidate it with any person, or to make any other material change
in its business or corporate structure or management;

(7)
The number of shares of any security of such issuer or such
controlling person that each acquiring party proposes to acquire, and
the terms of the offer, request, invitation, agreement, or
acquisition, and a statement as to the method by which the fairness
of the proposal was determined;

(8)
The amount of each class of any security of such issuer or such
controlling person which is beneficially owned or concerning which
there is a right to acquire beneficial ownership by each acquiring
party;

(9)
A full description of any contracts, arrangements, or understandings
with respect to any security of such issuer or such controlling
person in which any acquiring party is involved, including but not
limited to transfer of any of the securities, joint ventures, loan or
option arrangements, puts or calls, guarantees of loans, guarantees
against loss or guarantees of profits, division of losses or profits,
or the giving or withholding of proxies. The description shall
identify the persons with whom such contracts, arrangements, or
understandings have been made.

(10)
A description of the purchase of any security of such issuer or such
controlling person during the year preceding the filing of the
statement, by any acquiring party, including the dates of purchase,
names of the purchasers, and consideration paid or agreed to be paid
therefor;

(11)
A description of any recommendations to purchase any security of such
issuer or such controlling person made during the year preceding the
filing of the statement, by any acquiring party, or by anyone based
upon interviews or at the suggestion of the acquiring party;

(12)
Copies of all tender offers for, requests, or invitations for tenders
of, exchange offers for, and agreements to acquire or exchange any
securities of such issuer or such controlling person, and, if
distributed, of additional solicitation material relating thereto;

(13)
The terms of any agreement, contract, or understanding made with or
proposed to be made with any broker or dealer as to solicitation of
securities of such issuer or such controlling person for tender, and
the amount of any fees, commissions, or other compensation to be paid
to brokers or dealers with regard thereto;

(14)
With respect to proposed affiliations between depository institutions
or any affiliate thereof, within the meaning of Title I, section
104(c) of the "Gramm-Leach-Bliley Act," Pub. L. No.
106-102, 113 Stat. 1338 (1999), and a domestic insurer, the proposed
effective date of the acquisition or change of control;

(15)
An agreement by the person required to file the statement required by
division (B) of this section that the person will provide the annual
registration required by division (K) of section 3901.33 of the
Revised Code for so long as the person has control of the domestic
insurer;

(16)
An acknowledgment by the person required to file the statement
required by division (B) of this section that the person and all
subsidiaries within the person's control in the insurance holding
company system will provide information to the superintendent upon
request as necessary to evaluate enterprise risk to the insurer
;

(17)
Such additional information as the superintendent may by rule
prescribe as necessary or appropriate for the protection of
policyholders of the domestic insurer or in the public interest
.

(D)(1)
If the person required to file the statement required by division
(B)(2) of this section is a partnership, limited partnership,
syndicate, or other group, the superintendent may require that the
information required by division (C) of this section be furnished
with respect to each partner of such partnership or limited
partnership, each member of such syndicate or group, and each person
that controls such partner or member. If any such partner, member, or
person is a corporation, or the person required to file the statement
is a corporation, the superintendent may require that the information
required by division (C) of this section be furnished with respect to
the corporation, each officer and director of the corporation, and
each person that is directly or indirectly the beneficial owner of
more than ten per cent of the outstanding voting securities of the
corporation.

(2)
If any material change occurs in the facts set forth in the statement
required by division (B)(2) of this section, an amendment setting
forth such change, together with copies of all documents and other
material relevant to the change, shall be filed with the
superintendent by the person subject to division (B)(2) of this
section and sent to the domestic insurer within two business days
after such person learns of the occurrence of the material change.

(E)
If any offer, request, invitation, agreement, or acquisition
described in division (B)(1) of this section is proposed to be made
by means of a registration statement under the "Securities Act
of 1933," 48 Stat. 74, 15 U.S.C.A. 78a, or in circumstances
requiring the disclosure of similar information under the "Securities
Exchange Act of 1934," 48 Stat. 881, 15 U.S.C.A. 78a, or under a
state law requiring similar registration or disclosure, the person
required to file the statement required by division (B)(2) of this
section may use such documents in furnishing the information required
by that statement.

(F)(1)
The superintendent shall approve any merger or other acquisition of
control described in division (B)(1) of this section unless, after a
public hearing, the superintendent finds that any of the following
apply:

(a)
After the change of control, the domestic insurer would not be able
to satisfy the requirements for the issuance of a license to write
the line or lines of insurance for which it is presently licensed;

(b)
The effect of the merger or other acquisition of control would be
substantially to lessen competition in insurance in this state or
tend to create a monopoly;

(c)
The financial condition of any acquiring party is such as might
jeopardize the financial stability of the domestic insurer, or
prejudice the interests of its policyholders;

(d)
The plans or proposals that the acquiring party has to liquidate the
domestic insurer, sell its assets, or consolidate or merge it with
any person, or to make any other material change in its business or
corporate structure or management, are unfair and unreasonable to
policyholders of the domestic insurer and not in the public interest;

(e)
The competence, experience, and integrity of those persons that would
control the operation of the domestic insurer are such that it would
not be in the interest of policyholders of the domestic insurer and
of the public to permit the merger or other acquisition of control;

(f)
The acquisition is likely to be hazardous or prejudicial to the
insurance-buying public.

(2)(a)
Chapter 119. of the Revised Code, except for section 119.09 of the
Revised Code, applies to any hearing held under division (F)(1) of
this section, including the notice of the hearing, the conduct of the
hearing, the orders issued pursuant to it, the review of the orders,
and all other matters relating to the holding of the hearing, but
only to the extent that Chapter 119. of the Revised Code is not
inconsistent or in conflict with this section.

(b)
The notice of a hearing required under this division shall be
transmitted in accordance with sections 119.05 and 119.07 of the
Revised Code to the persons and addresses designated to receive
notices and correspondence in the information statement filed under
division (B)(2) of this section.

(c)
The hearing shall be held at the offices of the superintendent within
ten calendar days, but not earlier than seven calendar days, of the
date of transmission of the notice of hearing by any means, unless it
is postponed or continued; but in no event shall the hearing be held
unless notice is received at least three days prior to the hearing.
The superintendent may postpone or continue the hearing upon receipt
of a written request by an acquiring party, or upon the
superintendent's motion, provided, however, a hearing in connection
with a proposed change of control involving a depository institution
or any affiliate thereof, within the meaning of Title I, section
104(c) of the "Gramm-Leach-Bliley Act," Pub. L. No.
106-102, 113 Stat. 1338 (1999), and a domestic insurer, may be
postponed or continued only upon the request of an acquiring party,
or upon the superintendent's motion when the acquiring party agrees
in writing to extend the sixty-day period provided for in section
104(c) of the "Gramm-Leach-Bliley Act," by a number of days
equal to the number of days of such postponement or continuance.

(d)
For the purpose of conducting any hearing held under this section,
the superintendent may require the attendance of such witnesses and
the production of such books, records, and papers as the
superintendent desires, and may take the depositions of witnesses
residing within or without the state in the same manner as is
prescribed by law for the taking of depositions in civil actions in
the court of common pleas, and for that purpose the superintendent
may, and upon the request of an acquiring party shall, issue a
subpoena for any witnesses or a subpoena duces tecum to compel the
production of any books, records, or papers, directed to the sheriff
of the county where such witness resides or is found, which shall be
served and returned in the same manner as a subpoena in a criminal
case is served and returned. The fees of the sheriff shall be the
same as that allowed in the court of common pleas in criminal cases.
Witnesses shall be paid the fees and mileage provided for under
section 119.094 of the Revised Code. Fees and mileage shall be paid
from the fund in the state treasury for the use of the superintendent
in the same manner as other expenses of the superintendent are paid.
In any case of disobedience or neglect of any subpoena served on any
person or the refusal of any witness to testify in any matter
regarding which the witness may lawfully be interrogated, the court
of common pleas of any county where such disobedience, neglect, or
refusal occurs or any judge thereof, on application by the
superintendent, shall compel obedience by attachment proceedings for
contempt, as in the case of disobedience of the requirements of a
subpoena issued from the court or a refusal to testify therein.

In
any hearing held under this section, a record of the testimony, as
provided by stenographic means or by use of audio electronic
recording devices, as determined by the superintendent, and other
evidence submitted shall be taken at the expense of the
superintendent. The record shall include all of the testimony and
other evidence, and rulings on the admissibility thereof, presented
at the hearing.

The
superintendent shall pass upon the admissibility of evidence, but a
party to the proceedings may at that time object to the rulings of
the superintendent, and if the superintendent refuses to admit
evidence, the party offering the evidence shall proffer the evidence.
The proffer shall be made a part of the record of the hearing.

In
any hearing held under this section, the superintendent may call any
person to testify under oath as upon cross-examination. The
superintendent, or any one delegated by the superintendent to conduct
a hearing, may administer oaths or affirmations.

In
any hearing under this section, the superintendent may appoint a
hearing officer to conduct the hearing; the hearing officer has the
same powers and authority in conducting the hearing as is granted to
the superintendent. The hearing officer shall have been admitted to
the practice of law in the state and be possessed of any additional
qualifications as the superintendent requires. The hearing officer
shall submit to the superintendent a written report setting forth the
hearing officer's finding of fact and conclusions of law and a
recommendation of the action to be taken by the superintendent. A
copy of the written report and recommendation shall, within seven
days of the date of filing thereof, be served upon the acquiring
party or the acquiring party's attorney or other representative of
record in accordance with section 119.05 of the Revised Code. The
acquiring party may, within three days of receipt of the copy of the
written report and recommendation, file with the superintendent
written objections to the report and recommendation, which objections
the superintendent shall consider before approving, modifying, or
disapproving the recommendation. The superintendent may grant
extensions of time to the acquiring party within which to file such
objections. No recommendation of the hearing officer shall be
approved, modified, or disapproved by the superintendent until after
three days following the service of the report and recommendation as
provided in this section. The superintendent may order additional
testimony to be taken or permit the introduction of further
documentary evidence. The superintendent may approve, modify, or
disapprove the recommendation of the hearing officer, and the order
of the superintendent based on the report, recommendation, transcript
of testimony, and evidence, or the objections of the acquiring party,
and additional testimony and evidence shall have the same effect as
if the hearing had been conducted by the superintendent. No such
recommendation is final until confirmed and approved by the
superintendent as indicated by the order entered in the record of
proceedings, and if the superintendent modifies or disapproves the
recommendations of the hearing officer, the reasons for the
modification or disapproval shall be included in the record of
proceedings.

After
the order is entered, the superintendent shall transmit in the manner
and by any of the methods set forth in division (F)(2)(b) of this
section a certified copy of the order and a statement of the time and
method by which an appeal may be perfected. A copy of the order shall
be mailed to the attorneys or other representatives of record
representing the acquiring party.

(e)
An order of disapproval issued by the superintendent may be appealed
to the court of common pleas in accordance with section 119.12 of the
Revised Code by filing a notice of appeal with the superintendent and
a copy of the notice of appeal with the court, within fifteen
calendar days after the transmittal of the copy of the order of
disapproval. The notice of appeal shall set forth the order appealed
from and the grounds for appeal, in accordance with section 119.12 of
the Revised Code.

(3)
The superintendent may retain at the acquiring party's expense any
attorneys, actuaries, accountants, and other experts not otherwise a
part of the superintendent's staff as may be reasonably necessary to
assist the superintendent in reviewing the proposed acquisition of
control.

(G)
This section does not apply to either of the following:

(1)
Any transaction that is subject to section 3921.14, or sections
3925.27 to 3925.31, 3941.35 to 3941.46, or section 3953.19 of the
Revised Code;

(2)
Any offer, request, invitation, agreement, or acquisition that the
superintendent by order exempts from this section on either of the
following bases:

(a)
It has not been made or entered into for the purpose and does not
have the effect of changing or influencing the control of a domestic
insurer;

(b)
It is not otherwise comprehended within the purposes of this section.

(H)
Nothing in this section or in any other section of Title XXXIX of the
Revised Code shall be construed to impair the authority of the
attorney general to investigate or prosecute actions under any state
or federal antitrust law with respect to any merger or other
acquisition involving domestic insurers.

(I)
In connection with a proposed change of control involving a
depository institution or any affiliate thereof, within the meaning
of Title I, section 104(c) of the "Gramm-Leach-Bliley Act,"
Pub. L. No. 106-102, 113 Stat. 1338 (1999), and a domestic insurer,
not later than sixty days after the date of the notification of the
proposed change in control submitted pursuant to division (B)(2) of
this section, the superintendent shall make any determination that
the person acquiring control of the insurer shall maintain or restore
the capital of the insurer to the level required by the laws and
regulations of this state.

Sec.
3901.352.
(A)(1)
The superintendent of insurance is authorized to act as the
group-wide supervisor for any internationally active insurance group
in accordance with this section. However, the superintendent may
otherwise acknowledge a regulatory official from another jurisdiction
as the group-wide supervisor for an internationally active insurance
group, if the group meets any of the following conditions:

(a)
Does not have substantial insurance operations in the United States;

(b)
Has substantial operations in the United States, but not in this
state;

(c)
Has substantial insurance operations in the United States and this
state, but the superintendent has determined pursuant to the factors
set forth in divisions (B) and (F) of this section that the other
regulatory official is the appropriate group-wide supervisor.

(2)
An insurance holding company system that does not otherwise qualify
as an internationally active insurance group may request that the
superintendent make a determination or acknowledgment as to a
group-wide supervisor for the insurance holding company system
pursuant to this section.

(B)(1)
In cooperation with other state, federal, and international
regulatory agencies, the superintendent shall identify one group-wide
supervisor for each internationally active insurance group. The
superintendent may determine that the superintendent is the
appropriate group-wide supervisor for an internationally active
insurance group that conducts substantial insurance operations
concentrated in this state. However, the superintendent may
acknowledge that a regulatory official from another jurisdiction is
the appropriate group-wide supervisor for the internationally active
insurance group. The superintendent shall consider the following
factors when making a determination or acknowledgment under division
(B)(1) of this section:

(a)
The place of domicile of the insurers within the internationally
active insurance group that hold the largest share of the group's
written premiums, assets, or liabilities;

(b)
The place of domicile of the top-tiered insurer in the
internationally active insurance group's insurance holding company
system;

(c)
The location of the executive offices or largest operational offices
of the internationally active insurance group;

(d)
For the purposes of division (C)(1) of this section, whether another
regulatory official is acting or is seeking to act as the group-wide
supervisor for the internationally active insurance group under a
regulatory system that the superintendent determines to be either of
the following:

(i)
Substantially similar to the regulatory system under the laws of this
state;

(ii)
Otherwise sufficient in terms of providing for group-wide
supervision, enterprise risk analysis, and cooperation with other
regulatory officials.

(e)
Whether another regulatory official acting, or seeking to act, as the
group-wide supervisor for the internationally active insurance group
provides the superintendent with reasonably reciprocal recognition
and cooperation.

(2)
If the superintendent is identified in division (B)(1) of this
section as the group-wide supervisor of an internationally active
insurance group, the superintendent may determine that it is
appropriate to acknowledge another supervisor to serve as the
group-wide supervisor. The acknowledgment of the new group-wide
supervisor shall be made in accordance with all of the following:

(a)
After consideration of the factors listed in division (B)(1) of this
section;

(b)
In cooperation with and subject to the acknowledgment of other
regulatory officials involved with supervision of members of the
internationally active insurance group;

(c)
In consultation with the internationally active insurance group.

(C)(1)
Notwithstanding any other provision of law, when another regulatory
official is acting as the group-wide supervisor of an internationally
active insurance group, the superintendent shall acknowledge that
regulatory official as the group-wide supervisor.

(2)
The superintendent shall make a determination or acknowledgment under
division (B) of this section as to the appropriate group-wide
supervisor for an internationally active insurance group if a
material change in the internationally active insurance group results
in either of the following:

(a)
The internationally active insurance group's insurers domiciled in
this state holding the largest share of the group's premiums, assets,
or liabilities;

(b)
This state being the place of domicile of the top-tiered insurer in
the internationally active insurance group's insurance holding
company system.

(D)(1)
Pursuant to section 3901.35 of the Revised Code, the superintendent
may collect from any insurer registered under section 3901.33 of the
Revised Code all information necessary to determine whether the
superintendent may act as the group-wide supervisor of an
internationally active insurance group or if the superintendent may
acknowledge another regulatory official to act as the group-wide
supervisor.

(2)
Prior to issuing a determination that an internationally active
insurance group is subject to group-wide supervision by the
superintendent, the superintendent shall notify the insurer
registered under section 3901.33 of the Revised Code and the ultimate
controlling person within the internationally active insurance group.
The superintendent shall give the internationally active insurance
group not less than thirty days to provide the superintendent with
additional information pertinent to the pending determination.

(3)
The superintendent shall publish on its internet web site the
identity of internationally active insurance groups that the
superintendent has determined are subject to group-wide supervision
by the superintendent.

(E)
If the superintendent is the group-wide supervisor for an
internationally active insurance group, the superintendent may engage
in any of the following activities:

(1)
Assess the enterprise risks within the internationally active
insurance group to ensure all of the following:

(a)
That the material financial condition and liquidity risks to members
of the internationally active insurance group that are engaged in the
business of insurance are identified by management;

(b)
That reasonable and effective mitigation measures are in place.

(2)
Request from any member of an internationally active insurance group
subject to the superintendent's supervision information necessary and
appropriate to assess enterprise risk, including information about
the members of the internationally active insurance group regarding
all of the following:

(a)
Governance, risk assessment, and management;

(b)
Capital adequacy;

(c)
Material intercompany transactions.

(3)
Coordinate and, through the authority of the regulatory officials of
the jurisdictions in which members of the internationally active
insurance group are domiciled, compel development and implementation
of reasonable measures designed to ensure that the internationally
active insurance group is able to timely recognize and mitigate
enterprise risks to members of the internationally active insurance
group that are engaged in the business of insurance;

(4)
Communicate with other state, federal, and international regulatory
agencies for members of the internationally active insurance group
and share relevant information, subject to the confidentiality
provisions of section 3901.36 of the Revised Code, through a
supervisory college as set forth in section 3901.351 of the Revised
Code or otherwise;

(5)
Enter into agreements with or obtain documentation from any insurer
registered under section 3901.33 of the Revised Code, any member of
the internationally active insurance group, and any other state,
federal, and international regulatory agency for members of the
internationally active insurance group, that provides the basis for
or otherwise clarifies the superintendent's role as group-wide
supervisor. The agreements or documentation may include provisions
for resolving disputes with other regulatory officials. The
agreements or documentation shall not serve as evidence in any
proceeding to show that any insurer or person within an insurance
holding company system not domiciled or incorporated in this state is
doing business in this state or is otherwise subject to jurisdiction
in this state.

(6)
Any other group-wide supervision activities consistent with this
section that the superintendent considers necessary.

(F)
If the superintendent acknowledges that another regulatory official
from a jurisdiction that is not accredited by the national
association of insurance commissioners is the group-wide supervisor
of an internationally active insurance group, the superintendent may
reasonably cooperate, through a supervisory college as set forth in
section 3901.351 of the Revised Code or otherwise, with group-wide
supervision undertaken by the group-wide supervisor if all of the
following are true:

(1)
The superintendent's cooperation is in compliance with the Revised
Code.

(2)
The regulatory official also recognizes and cooperates with the
superintendent's activities as a group-wide supervisor for other
internationally active insurance groups, as applicable. If such
recognition and cooperation is not reasonably reciprocal, the
superintendent may refuse to recognize and cooperate with the
regulatory official as group-wide supervisor.

(G)
The superintendent may enter into agreements with or obtain
documentation from any insurer registered under section 3901.33 of
the Revised Code, any affiliate of the insurer, and other state,
federal, and international regulatory agencies for members of the
internationally active insurance group that provides the basis for or
otherwise clarifies a regulatory official's role as group-wide
supervisor of an internationally active insurance group.

(H)
An insurer registered under section 3901.33 of the Revised Code shall
be liable for and shall pay the reasonable expenses of the
superintendent's participation in the administration of this section,
including engaging attorneys, actuaries, and any other professionals
and all reasonable travel expenses.

(I)
The superintendent may adopt rules in accordance with Chapter 119. of
the Revised Code as necessary to implement this section.

Sec.
3901.382.
Beginning
six months after the date specified in section 262 of the "Health
Insurance Portability and Accountability Act of 1996," 110 Stat.
2027, 42 U.S.C.A. 1320d-4, on which a third-party payer is initially
required to comply with a standard or implementation specification
for the electronic exchange of health information, as adopted or
established by the United States secretary of health and human
services pursuant to that act, sections 3901.381, 3901.384, 3901.385,
3901.389, 3901.3810, 3901.3811,
and

3901.3812
,
and 3901.3813

of the Revised Code apply to a claim submitted to a third-party payer
for payment for health care services only if the claim is submitted
electronically. A provider and third-party payer may enter into a
contractual arrangement under which the third-party payer agrees to
process claims that are not submitted electronically because of the
financial hardship that electronic submission of claims would create
for the provider or any other extenuating circumstance.

Sec.
3901.383.
(A)
A provider and a third-party payer may do either of the following:

(1)
Enter into a contractual agreement under which time periods shorter
than those set forth in section 3901.381 of the Revised Code are
applicable to the third-party payer in paying a claim for any amount
due for health care services rendered by the provider;

(2)
Enter into a contractual agreement under which the timing of payments
by the third-party payer is not directly related to the receipt of a
claim form. The contractual arrangement may include periodic interim
payment arrangements, capitation payment arrangements, or other
periodic payment arrangements acceptable to the provider and the
third-party payer. Under a capitation payment arrangement, the
third-party payer shall begin paying the capitated amounts to the
beneficiary's primary care provider not later than sixty days after
the date the beneficiary selects or is assigned to the provider.
Under any other contractual periodic payment arrangement, the
contractual agreement shall state, with specificity, the timing of
payments by the third-party payer.

(B)
Regardless of whether a third-party payer is exempted under division
(D) of section 3901.3814 from sections 3901.38 and 3901.381 to

3901.3813

3901.3812

of
the Revised Code, a provider and the third-party payer, including a
third-party payer that provides coverage under the medicaid program,
shall not enter into a contractual arrangement under which time
periods longer than those provided for in paragraph (c)(1) of 42
C.F.R. 447.46 are applicable to the third-party payer in paying a
claim for any amount due for health care services rendered by the
provider.

Sec.
3901.3814.
Sections
3901.38 and 3901.381 to
3901.3813

3901.3812

of
the Revised Code do not apply to the following:

(A)
Policies offering coverage that is regulated under Chapters 3935. and
3937. of the Revised Code;

(B)
An employer's self-insurance plan and any of its administrators, as
defined in section 3959.01 of the Revised Code, to the extent that
federal law supersedes, preempts, prohibits, or otherwise precludes
the application of any provisions of those sections to the plan and
its administrators;

(C)
A third-party payer for coverage provided under the medicare
advantage program operated under Title XVIII of the "Social
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended;

(D)
A third-party payer for coverage provided under the medicaid program;

(E)
A third-party payer for coverage provided under the tricare program
offered by the United States department of defense.

Sec.
3901.41.
(A)
As used in this section:

(1)
"Automated transaction" has the same meaning as in section
1306.01 of the Revised Code, and includes electronic transactions
between two or more persons conducting business pursuant to the laws
of this state relating to insurance.

(2)
"Contact point" means any electronic identification to
which messages can be sent, including, but not limited to, any of the
following:

(a)
An electronic mail address;

(b)
An instant message identity;

(c)
A wireless telephone number, or any other personal electronic
communication device;

(d)
A facsimile number.

(3)
"Insured" means a certificate holder, contract owner,
customer, policyholder, or subscriber as those terms are used in the
laws of this state relating to insurance.

(4)
"Insurer" has the same meaning as in section 3901.32 of the
Revised Code.

(5)
"Laws of this state relating to insurance" has the same
meaning as in section 3901.04 of the Revised Code.

(6)
"Personally identifiable information" means any
individually identifiable information gathered in connection with an
insurance transaction, including a person's name, address, social
security number, and banking information.

(7)
"Secure web site" means a web site that meets both of the
following criteria:

(a)
The web site uses the hypertext transfer protocol secure
communication protocol or other equally secure communication
protocol.

(b)
The web site requires a person to enter a unique user credential to
access personally identifiable information for which the person has
the legal right to access.

(B)
Notwithstanding any laws of this state relating to insurance,
sections 1306.01 to 1306.23 of the Revised Code, the "Uniform
Electronics Transactions Act," apply to the business of
insurance in this state.

(C)(1)
If an insured agrees to conduct the business of insurance via an
automated transaction, any information issued or delivered in writing
may be issued or delivered electronically to a contact point provided
by the insured, as long as both of the following apply:

(a)
The transmission of information is in compliance with sections
1306.07 and 1306.14 of the Revised Code.

(b)
The details of the automated transaction are fully disclosed to the
insured in the application, policy, certificate, contract of
insurance, or by another method that ensures notice to the insured.
An insurer's form used only to notify an insured of and obtain
consent for an automated transaction does not need to be approved or
accepted by the superintendent of insurance.

(2)(a)
Except for notices of cancellation, nonrenewal, or termination, an
insurer may deliver information via a secure web site if the insurer
sends an electronic notice to a contact point and the electronic
notice includes a hyperlink to the secure web site.

(b)
If an insurer uses a secure web site to deliver changes in terms or
conditions in an insured's policy, certificate, or contract of
insurance, including any endorsements or amendments, the electronic
notice to the insured's contact point shall include all of the
following:

(i)
A list or summary of the changes;

(ii)
A link to the complete document located on the insurer's secure web
site;

(iii)
The following or substantially similar statement displayed in a
prominent manner:

"There
are changes in the terms or conditions of your policy, certificate,
or contract of insurance."

(3)
At a minimum, the details of the automated transaction shall include
all of the following:

(a)
A clear and conspicuous statement informing the insured of any right
or option of the insured to receive a record on paper;

(b)
The right of the insured to withdraw the insured's consent, and any
consequences or fees if the insured withdraws consent;

(c)
A description of the procedures the insured must use to withdraw
consent and to update the insured's contact point.

(4)
Agreement to participate in a part of an automated transaction shall
not be used to confirm the insured's consent to transact the entire
business of insurance pursuant to this section.

(5)
A withdrawal of consent by an insured shall be effective within a
reasonable time period, not to exceed ten business days after the
receipt of the withdrawal by the insurer.

(D)
The insurer shall send all notices of cancellation, nonrenewal,
termination, or changes in the terms or conditions of the policy,
certificate, or contract of insurance to the last known contact point
supplied by the insured. If the insurer has knowledge that the
insured's contact point is no longer valid, the insurer shall send
the information via regular mail to the last known address furnished
to the insurer by the insured.

(E)
Any insurer conducting the business of insurance via an automated
transaction shall allow the insurer's insureds who agree to
participate in an automated transaction the option to withdraw
consent from participating in the automated transaction.

(F)
Notwithstanding any laws or regulations of this state relating to
insurance, any policy, certificate, or contract of insurance,
including any endorsements or amendments, that do not contain
personally identifiable information may be posted to the insurer's
web site in lieu of any other method of delivery. If the insurer
elects to post any policy, certificate, or contract of insurance to
the insurer's web site, all of the following shall apply:

(1)
The policy, certificate, or contract of insurance is readily
accessible by the insured and, once the policy, certificate, or
contract of insurance is no longer used by the insurer in this state,
it is stored in a readily accessible archive;

(2)
The policy, certificate, or contract of insurance is posted in such a
manner that the insured can easily identify the insured's applicable
policy, certificate, or contract and print or download the insured's
documents without charge and without the use of any special program
or application that is not readily available to the public without
charge;

(3)
The insurer provides written notice at the time of issuance of the
initial policy, certificate, contract, or any renewal forms of a
method by which the insured may obtain upon request a paper or
electronic copy of their policy, certificate, or contract without
charge;

(4)
The insurer clearly identifies the applicable policy, endorsements,
amendments, certificate, or contract of insurance purchased by the
insured on any declaration page, certificate of insurance, summary of
benefits, or other evidence of coverage issued to the insured;

(5)
The insurer gives notice, in the manner it customarily communicates
with an insured, of any changes to the policy, certificate, or
contract of insurance, including any endorsements or amendments, and
of the insured's right to obtain upon request a paper or electronic
copy of the policy, endorsements, or amendments without charge.

(G)
Notwithstanding any other section of Title XXXIX or Chapters 1739. or
1751. of the Revised Code or rules adopted thereunder to the
contrary, an insurer may deliver any notices, documents, or
information to an insured via an automated transaction pursuant to
this section.

(H)
This section does not supersede any time periods, filing
requirements, or content of notices, documents, notices to insureds'
agents required pursuant to sections 3937.25, 3937.26, and 3937.27 of
the Revised Code, or information otherwise required by a law other
than this section relating to insurance. This section does not apply
to disclosures through electronic media of certificates, explanation
of benefit statements, and other mandated materials under the
"Employee Retirement Income Security Act of 1974," 88 Stat.
829, 29 U.S.C. 1001, as amended, and any regulation adopted
thereunder.

(I)
If the consent of an insured to receive certain notices, documents,
or information in an electronic form is on file with an insurer
before September 4, 2014, if the consent was not accompanied by the
details of the automated transaction described in division (C)(3) of
this section, and if, pursuant to this section, an insurer intends to
deliver additional notices, documents, or information to that insured
in an electronic form, then, prior to delivering or at the time of
delivering such additional notice, documents, or information
electronically, the insurer shall notify the insured of the details
of the automated transaction in compliance with division (C)(3) of
this section.

(J)(1)
The purchase of a policy of insurance through an online platform
shall be considered an agreement to conduct the business of insurance
via an automated transaction under this section, and the insured
shall be considered to have affirmatively consented to have all
notices and documents related to the policy delivered to the insured
electronically.

(2)
Notwithstanding division (J)(1) of this section, if an insured
purchasing a policy of insurance via an online platform requests to
receive all notices and documents in paper format, the insurer shall
provide all notices and other documents related to the policy to the
insured in paper format.

(3)
Nothing in division (J) of this section requires an insurer to offer
or otherwise provide an online platform to conduct the business of
insurance.

(4)
As used in division (J) of this section, "online platform"
means a web site or other digital application designed to facilitate
the purchase of insurance policies by parties from a licensed
insurer.

(K)
The superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code as the superintendent considers
necessary to carry out the purposes of this section.

Sec.
3901.80.
(A)
As used in this section:

(1)
"Living organ donor" means a living person who donates an
organ to another living person.

(2)
"Policy of insurance" means a life insurance policy,
disability insurance policy, or long-term care insurance policy.

(B)
Notwithstanding any provision of law to the contrary, an insurer
shall not unfairly discriminate against a living organ donor in the
offering, issuance, premium, or conditions of a policy of insurance
based solely, and without any additional actuarial risks, on that
person's status as a living organ donor.

(C)
A violation of division (B) of this section shall be considered an
unfair and deceptive practice in the business of insurance under
section 3901.21 of the Revised Code.

(D)
The superintendent of insurance may adopt rules as necessary to carry
out the requirements of this section.

Sec.
3901.83.
As
used in sections 3901.83 to
3901.833

3901.832

of
the Revised Code:

(A)
"Clinical practice guidelines" means a systematically
developed statement to assist health care provider and patient
decisions with regard to appropriate health care for specific
clinical circumstances and conditions.

(B)
"Clinical review criteria" means the written screening
procedures, decision abstracts, clinical protocols, and clinical
practice guidelines used by a health plan issuer or utilization
review organization to determine whether or not health care services
or drugs are appropriate and consistent with medical or scientific
evidence.

(C)
"Health benefit plan" and "health plan issuer"
have the same meanings as in section 3922.01 of the Revised Code.

(D)
"Medical or scientific evidence" has the same meaning as in
section 3922.01 of the Revised Code.

(E)
"Step therapy exemption" means an overriding of a step
therapy protocol in favor of immediate coverage of the health care
provider's selected prescription drug.

(F)
"Step therapy protocol" means a protocol or program that
establishes a specific sequence in which prescription drugs that are
for a specified medical condition and that are consistent with
medical or scientific evidence for a particular patient are covered,
under either a medical or prescription drug benefit, by a health
benefit plan, including both self-administered and
physician-administered drugs.

(G)
"Urgent care services" has the same meaning as in section
3923.041 of the Revised Code.

(H)
"Utilization review organization" has the same meaning as
in section 1751.77 of the Revised Code.

Sec.
3902.30.
(A)
As used in this section:

(1)
"Cost sharing" means the cost to a covered individual under
a health benefit plan according to any coverage limit, copayment,
coinsurance, deductible, or other out-of-pocket expense requirements
imposed by the plan.

(2)
"Health benefit plan," "health care services,"
and "health plan issuer" have the same meanings as in
section 3922.01 of the Revised Code.

(3)
"Health care professional" has the same meaning as in
section 4743.09 of the Revised Code.

(4)
"In-person health care services" means health care services
delivered by a health care professional through the use of any
communication method where the professional and patient are
simultaneously present in the same geographic location.

(5)
"Telehealth services" has the same meaning as in section
4743.09 of the Revised Code.

(B)(1)
A health benefit plan shall provide coverage for telehealth services
on the same basis and to the same extent that the plan provides
coverage for the provision of in-person health care services.

(2)
A health benefit plan shall not exclude coverage for a service solely
because it is provided as a telehealth service.

(3)
A health plan issuer shall reimburse a health care professional for a
telehealth service that is covered under a patient's health benefit
plan. Division (B)(3) of this section shall not be construed to
require a specific reimbursement amount.

(C)
A health benefit plan shall not impose any annual or lifetime benefit
maximum in relation to telehealth services other than such a benefit
maximum imposed on all benefits offered under the plan.

(D)(1)
A health benefit plan shall not impose a cost-sharing requirement for
telehealth services that exceeds the cost-sharing requirement for
comparable in-person health care services.

(2)(a)
A health benefit plan shall not impose a cost-sharing requirement for
a communication when all of the following apply:

(i)
The communication was initiated by the health care professional.

(ii)
The patient consented to receive a telehealth service from that
provider on any prior occasion.

(iii)
The communication is conducted for the purposes of preventive health
care services only.

(b)
If a communication described in division (D)(2)(a) of this section is
coded based on time, then only the time the health care professional
spends engaged in the communication is billable.

(E)
This section shall not be construed as doing any of the following:

(1)
Requiring a health plan issuer to reimburse a health care
professional for any costs or fees associated with the provision of
telehealth services that would be in addition to or greater than the
standard reimbursement for comparable in-person health care services;

(2)
Requiring a health plan issuer to reimburse a telehealth provider for
telehealth services at the same rate as in-person services;

(3)
Requiring a health plan issuer to provide coverage for asynchronous
communication that differs from the coverage described in the
applicable health benefit plan.

(F)
The superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code as necessary to carry out the
requirements of this section. Any such rules adopted by the
superintendent are not subject to the requirements of division (F) of
section 121.95 of the Revised Code.

Sec.
3902.36.
(A)
As used in this section:

(1)
"Health benefit plan" and "health plan issuer"
have the same meanings as in section 3922.01 of the Revised Code.

(2)
"Mental Health Parity and Addiction Equity Act" means the
federal "Paul Wellstone and Pete Domenici Mental Health Parity
and Addiction Equity Act of 2008," Pub. L. No. 110-343, as
amended, and any federal regulations implementing that act.

(B)
Each health plan issuer and health benefit plan subject to the Mental
Health Parity and Addiction Equity Act shall comply with all
applicable requirements of that act. The requirements of this section
do not apply to a health plan issuer or a health benefit plan that is
exempt from the requirements of that act by operation of law or other
federal guidance.

(C)
The superintendent of insurance shall implement and enforce all
applicable provisions of the Mental Health Parity and Addiction
Equity Act and shall do all of the following:

(1)
Proactively ensure compliance by health plan issuers;

(2)
Evaluate all consumer and provider complaints regarding mental health
and substance use disorder benefits for possible parity violations;

(3)
Adopt rules in accordance with Chapter 119. of the Revised Code as
necessary to
do
both of the following:

(a)
Effectuate
effectuate

any
provisions of the Mental Health Parity and Addiction Equity Act that
relate to the business of insurance
;

(b)
Enforce, monitor compliance with, and ensure continued compliance
with this section
.

(D)
Nothing in this section is subject to the requirements of section
3901.71 of the Revised Code.

Sec.
3902.53.
(A)(1)
Except as provided in division (A)(2) of this section, sections
3901.38 to 3901.3814 of the Revised Code shall not apply with respect
to a claim during a period of negotiation under section 3902.51 of
the Revised Code or a period of arbitration under section 3902.52 of
the Revised Code. Sections 3901.38 to 3901.3814 of the Revised Code
shall apply upon the completion of a successful negotiation or upon
the rendering of an arbitration decision.

(2)
The superintendent of insurance may adopt rules pursuant to
division
(D) of section 3902.54
Chapter
119.
of
the Revised Code specifying situations in which sections 3901.38 to
3901.3814 of the Revised Code apply during periods of negotiation
under section 3902.51 of the Revised Code.

(B)
A pattern of continuous or repeated violations of section 3902.51 or
3902.52 of the Revised Code by a health plan issuer is an unfair and
deceptive act or practice in the business of insurance under sections
3901.19 to 3901.26 of the Revised Code.

(C)
A provider who violates section 3902.51 or 3902.52 of the Revised
Code shall be subject to professional discipline under Title XLVII of
the Revised Code as applicable.

Sec.
3902.54.
(A)(1)
The superintendent of insurance shall contract with a single
arbitration entity to perform all arbitrations described in section
3902.52 of the Revised Code. The superintendent shall ensure that the
arbitration entity, any arbitrators the arbitration entity designates
to conduct an arbitration, and any officer, director, or employee of
the arbitration entity do not have any material, professional,
familial, or financial connection with any of the following:

(a)
The health plan issuer involved in a dispute;

(b)
An officer, director, or employee of the health plan issuer;

(c)
A provider, facility, emergency facility, ambulance, medical group,
or independent practice organization involved with the service in
question;

(d)
The development or manufacture of any principal drug, device,
procedure, or other therapy in dispute;

(e)
The covered person who received the service that is the subject of a
dispute or the covered person's immediate family.

(2)
The superintendent shall require the arbitration entity to do all of
the following:

(a)
Utilize arbitrators who are knowledgeable and experienced in
applicable principles of contract and insurance law;

(b)
Ensure that the arbitrators have access to appropriate specialists
including certified coding specialists, physicians, nurses, other
clinicians, and health insurance experts as necessary to render a
determination;

(c)
Utilize a secure electronic portal for the submission, processing,
and management of arbitration applications;

(d)
Perform all arbitrations under section 3902.52 of the Revised Code on
a flat fee basis.

(B)
In selecting the arbitration entity with which to contract, the
superintendent shall at minimum require a prospective arbitration
entity to submit to the superintendent a disclosure containing all of
the following accompanied by an application fee prescribed by the
superintendent:

(1)
The name, telephone number, and address of the applicant;

(2)
If the applicant has issued any outstanding shares that are listed on
a national securities exchange or are regularly quoted in an
over-the-counter market by one or more members of a national or
affiliated securities association, the name of each person holding
more than five per cent stock or call or put options in the
applicant;

(3)
The name of each person holding bonds or notes issued by the
applicant totaling over one hundred thousand dollars;

(4)
The name of each entity the applicant controls and the nature and
extent of such control, including the nature of the controlled
entity's business;

(5)
The name of each entity in which the applicant has more than five per
cent ownership interest, including the nature of the entity's
business;

(6)
The name, contact information, and work history of each director,
officer, and executive and any current or previous relationship each
of those persons has or had with a health plan issuer, provider,
facility, emergency facility, medical group, or independent practice
organization;

(7)
The percentage of revenue the arbitration entity receives from its
arbitration services;

(8)
A description of the applicant's arbitration process, including
information about how the applicant will meet the superintendent's
standards and how the applicant will avoid conflicts of interest;

(9)
The fee the applicant would charge for an arbitration.

(C)(1)
The superintendent shall require the contracted arbitration entity to
submit to the superintendent on an annual basis the disclosure
described in division (B) of this section.

(2)
The superintendent shall require the contracted arbitration entity to
submit to the superintendent on an annual basis, and the
superintendent shall issue, a report containing all of the following:

(a)
The number of arbitrations conducted under section 3902.52 of the
Revised Code;

(b)
The provider type, whether individual, practice, facility, emergency
facility, or ambulance, that engaged in the arbitrations;

(c)
The specialty of the provider engaging in the arbitrations;

(d)
The out-of-network situation;

(e)
The percentage of times the arbitrator decides in favor of the health
plan issuer versus the provider, facility, emergency facility, or
ambulance.

(D)
The superintendent of insurance
shall

may

adopt
rules pursuant to Chapter 119. of the Revised Code
as
necessary to implement sections 3902.50 to 3902.54 of the Revised
Code.

Rules
adopted by the superintendent may relate
related

to
the definitions of "provider," "facility,"
"emergency facility," and "ambulance." The
requirements of section 121.95 of the Revised Code do not apply to
rules adopted in accordance with this division.

Sec.
3902.61.
(A)
Notwithstanding
section

sections

3901.71

and sections
,

3901.831

to 3901.833
,
and 3901.832
of
the Revised Code, a health benefit plan issued, delivered, or renewed
in this state on or after

the effective date of this section

March 24, 2021,

that directly or indirectly covers the treatment of stage four
advanced metastatic cancer shall not make coverage of a drug that is
prescribed to treat such cancer or associated conditions dependent
upon a covered person demonstrating either of the following:

(1)
Failure to successfully respond to a different drug;

(2)
A history of failing to respond to a different drug or drugs.

(B)
Division (A) of this section applies only to uses of such drug or
drugs that are consistent with either of the following:

(1)
An indication approved by, or described in, as applicable, either of
the following for the treatment of stage four advanced metastatic
cancer:

(a)
The United States food and drug administration;

(b)
The national comprehensive cancer network drugs and biologics
compendium.

(2)
The best practices for the treatment of stage four advanced
metastatic cancer, as supported by peer-reviewed medical literature.

(C)
A violation of this section is an unfair and deceptive practice in
the business of insurance under sections 3901.19 to 3901.26 of the
Revised Code.

Sec.
3903.07.
(A)
In any proceeding under sections 3903.01 to 3903.59 of the Revised
Code, the superintendent of insurance and
his
the
superintendent's

deputies are responsible on their official bonds for the faithful
performance of their duties. If the court considers it desirable for
the protection of the assets, it may at any time require an
additional bond from the superintendent or
his
the
superintendent's

deputies, and such bonds shall be paid for out of the assets of the
insurer as a cost of administration.

(B)
Sections 9.86 and 9.87 of the Revised Code and sections 109.36 to

109.366
109.365

of the Revised Code apply, for purposes of any proceeding under
sections 3903.01 to 3903.59 of the Revised Code, to the
superintendent, any deputy liquidator, any employee of the department
of insurance, any employee appointed by the superintendent as
liquidator, and any employee who serves under the liquidator.

(C)
For the sole purpose of the application of sections 9.86 and 9.87 of
the Revised Code and sections 109.36 to
109.366

109.365

of
the Revised Code, each person described in division (B) of this
section is deemed to be an officer or employee as defined in division
(A) of section 9.85 of the Revised Code and division (A) of section
109.36 of the Revised Code.

Sec.
3903.81.
As
used in sections 3903.81 to
3903.93

3903.92

of
the Revised Code:

(A)
"Adjusted RBC report" means an RBC report that has been
adjusted by the superintendent of insurance in accordance with
division (C) of section 3903.82 of the Revised Code.

(B)
"Authorized control level RBC" means the number determined
under the risk-based capital formula in accordance with the RBC
instructions.

(C)
"Company action level RBC" means the product of 2.0 and an
insurer's authorized control level RBC.

(D)
"Corrective order" means an order issued by the
superintendent of insurance in accordance with division (B)(3) of
section 3903.84 of the Revised Code specifying corrective actions
that the superintendent has determined are required.

(E)
"Domestic insurer" means any insurance company organized
under Chapter 3907. or 3925. of the Revised Code.

(F)
"Foreign insurer" means any insurance company licensed
under section 3909.01 or 3927.01 of the Revised Code.

(G)
"Life or health insurer" means any insurance company
licensed under section 3907.08 or 3909.01 of the Revised Code, a
company possessing a certificate of authority pursuant to section
3929.01 of the Revised Code that writes only accident and health
insurance, a fraternal benefit society licensed under Chapter 3921.
of the Revised Code, or a multiple employer welfare arrangement
issued a certificate of authority under Chapter 1739. of the Revised
Code.

(H)
"Mandatory control level RBC" means the product of.70 and
an insurer's authorized control level RBC.

(I)
"NAIC" means the national association of insurance
commissioners.

(J)
"Negative trend" means a negative trend over a period of
time for a life or health insurer as determined in accordance with
the trend test calculation included in the RBC instructions.

(K)
"Property and casualty insurer" means any insurance company
that has a certificate of authority pursuant to section 3929.01 of
the Revised Code. "Property and casualty insurer" does not
include monoline mortgage guarantee insurers, financial guarantee
insurers, or title insurers.

(L)
"RBC" means risk-based capital.

(M)
"RBC instructions" means the RBC report, including
risk-based capital instructions, as adopted by the NAIC and as
amended by the NAIC from time to time in accordance with the
procedures adopted by the NAIC. "RBC instructions" shall
also include any modifications adopted by the superintendent, as the
superintendent considers to be necessary.

(N)
"RBC level" means an insurer's company action level RBC,
regulatory action level RBC, authorized control level RBC, or
mandatory control level RBC.

(O)
"RBC plan" means a comprehensive financial plan containing
the elements specified in division (B) of section 3903.83 of the
Revised Code.

(P)
"Revised RBC plan" means an RBC plan rejected by the
superintendent of insurance and then revised by an insurer with or
without incorporating the superintendent of insurance's
recommendation.

(Q)
"RBC report" means the report required by section 3903.82
of the Revised Code.

(R)
"Regulatory action level RBC" means the product of 1.5 and
an insurer's authorized control level RBC.

(S)
"Total adjusted capital" means the sum of both of the
following:

(1)
An insurer's statutory capital and surplus as determined in
accordance with the statutory accounting applicable to the annual
statements prepared on a form adopted under section 3901.77 of the
Revised Code, as required to be filed by sections 3907.19, 3909.06,
and 3929.30 of the Revised Code;

(2)
Such other items, if any, as the RBC instructions may provide.

Sec.
3903.82.
(A)
Each domestic insurer shall, on or prior to the first day of March of
every year, prepare and submit to the superintendent of insurance a
report on its RBC levels as of the end of the calendar year just
ended, in a form and containing such information as is required by
the RBC instructions. In addition, every domestic insurer shall file
its RBC report as follows:

(1)
With the NAIC, in accordance with the RBC instructions;

(2)
With the insurance regulatory authority of any other state in which
the insurer is authorized to do business, if the insurance regulatory
authority of that state has sent a written request to the insurer for
the RBC report. The insurer shall file an RBC report in that state no
later than the later of:

(a)
Fifteen days after the insurer's receipt of the insurance regulatory
authority's request for the RBC report;

(b)
Prior to the first day of March.

(B)(1)
A life or health insurer's RBC levels shall be determined in
accordance with the formula set forth in the RBC instructions. The
formula shall take the following risks into account, and may adjust
for the covariance between these risks:

(a)
Asset risk;

(b)
Insurance risk;

(c)
Interest rate risk;

(d)
All other business risks and such other relevant risks as are set
forth in the RBC instructions.

(2)
A property and casualty insurer's RBC levels shall be determined in
accordance with the formula set forth in the RBC instructions,
applying the factors in the manner set forth in the RBC instructions.
The formula shall take the following risks into account, and may
adjust for the covariance between these risks:

(a)
Asset risk;

(b)
Credit risk;

(c)
UNDERWRITING risk;

(d)
All other business risks and such other relevant risks as are set
forth in the RBC instructions.

(C)
If a domestic insurer files an RBC report that is inaccurate in the
judgment of the superintendent, the superintendent shall adjust the
RBC report to correct the inaccuracy and then shall provide a copy of
the adjusted RBC report to the insurer. The superintendent shall also
provide the insurer with a statement of the reasons for any
adjustment.

(D)
In enacting sections 3903.81 to
3903.93

3903.92

of
the Revised Code, the general assembly finds all of the following:

(1)
An excess of capital over the amount produced by the risk-based
capital requirements of sections 3903.81 to
3903.93

3903.92

of
the Revised Code, and the formulas, schedules, and instructions
referenced in sections 3903.81 to
3903.93

3903.92

of
the Revised Code, is desirable in the business of insurance.

(2)
Insurers, accordingly, should seek to maintain capital above the RBC
levels required under sections 3903.81 to
3903.93

3903.92

of
the Revised Code.

(3)
Additional capital is used and is useful in the insurance business,
helping to secure an insurer against various risks inherent in, or
affecting, the business of insurance, which risks are not accounted
for or are only partially measured by the risk-based capital
requirements contained in sections 3903.81 to
3903.93

3903.92

of
the Revised Code.

Sec.
3903.83.
(A)
For purposes of sections 3903.81 to
3903.93

3903.92

of
the Revised Code, a "company action level event" is any of
the following events:

(1)
A domestic or foreign insurer's filing of an RBC report that
indicates that the insurer's total adjusted capital is greater than
or equal to its regulatory action level RBC but less than its company
action level RBC;

(2)
A life or health insurer's filing of an RBC report that indicates
that the insurer's total adjusted capital is greater than or equal to
its company action level RBC but less than the product of 3.0 and its
authorized control level RBC, and that indicates a negative trend;

(3)
A property and casualty insurer's filing of an RBC report that
indicates that the insurer's total adjusted capital is greater than
or equal to its company action level RBC but less than the product of
its authorized control level RBC and 3.0, and that triggers the trend
test determined in accordance with the trend test calculation
included in the property and casualty RBC instructions;

(4)
The notification by the superintendent of insurance to an insurer of
an adjustment to the insurer's RBC report, which adjusted RBC report
shows the insurer's total adjusted capital within the range described
in either division (A)(1) or (2) of this section, provided that the
insurer does not challenge the adjusted RBC report under section
3903.87 of the Revised Code;

(5)
The superintendent's notification to an insurer, following the
hearing required under section 3903.87 of the Revised Code, that the
superintendent has rejected the insurer's challenge to an adjusted
RBC report showing the insurer's total adjusted capital within the
range described in either division (A)(1) or (2) of this section.

(B)
In the case of a company action level event, the insurer shall
prepare and submit to the superintendent an RBC plan that shall:

(1)
Identify the conditions that contributed to the company action level
event;

(2)
Contain proposals of corrective actions that the insurer intends to
take to eliminate the conditions leading to the company action level
event;

(3)
Provide projections of the insurer's financial results in the current
year and at least the four succeeding years, both in the absence of
the proposed corrective actions and giving effect to the proposed
corrective actions. The projections shall include projections of
statutory operating income, net income, capital, and surplus.
Projections for both new and renewal business may include separate
projections for each major line of business, and may separately
identify each significant income, expense, and benefit component of
the projection.

(4)
Identify the key assumptions impacting the insurer's projections made
pursuant to division (B)(3) of this section, and describe the
sensitivity of the projections to the assumptions;

(5)
Identify the quality of, and problems associated with, the insurer's
business, including, but not limited to, its assets, anticipated
business growth and associated surplus strain, extraordinary exposure
to risk, mix of business, and use of reinsurance.

(C)
The RBC plan shall be submitted within forty-five days after a
company action level event. However, if an insurer has challenged an
adjusted RBC report pursuant to section 3903.87 of the Revised Code,
the RBC plan need not be submitted until after the hearing required
under section 3903.87 of the Revised Code. If the superintendent
rejects the insurer's challenge, the RBC plan shall be submitted
within forty-five days after the superintendent's notification to the
insurer of the rejection of the challenge.

(D)(1)
Within sixty days after an insurer submits an RBC plan to the
superintendent, the superintendent shall either require the insurer
to implement the RBC plan or shall notify the insurer that the RBC
plan is unsatisfactory in the judgment of the superintendent. If the
superintendent has determined that the RBC plan is unsatisfactory,
the notification to the insurer shall set forth the reasons for the
determination, and may set forth proposed revisions that will render
the RBC plan satisfactory in the judgment of the superintendent. Upon
such notification from the superintendent, the insurer shall prepare
and submit a revised RBC plan, which may incorporate by reference any
revisions proposed by the superintendent.

(2)
If an insurer challenges, under section 3903.87 of the Revised Code,
a notification from the Superintendent that the insurer's RBC plan or
a revised RBC plan is unsatisfactory, submission of a revised RBC
plan need not be made unless the superintendent rejects the insurer's
challenge following the hearing required by section 3903.87 of the
Revised Code and then notifies the insurer of this rejection.

(3)
An insurer shall submit a revised RBC plan to the superintendent
within forty-five days after receiving notification from the
superintendent that its RBC plan is unsatisfactory, or, that its
challenge to a notification made under division (D)(1) of this
section has been rejected, as applicable.

(E)
Notwithstanding division (D) of this section, if the superintendent
notifies an insurer that its RBC plan or revised RBC plan is
unsatisfactory, the superintendent may, at the superintendent's
discretion, but subject to the insurer's right to a hearing under
section 3903.87 of the Revised Code, specify in the notification that
the notification constitutes a regulatory action level event.

(F)
Every domestic insurer that submits an RBC plan or revised RBC plan
to the superintendent shall file a copy of the RBC plan or revised
RBC plan with the insurance regulatory authority of every state in
which the insurer is authorized to do business upon receiving the
insurance regulatory authority's written request for a copy of the
plan, if the state has a confidentiality law with provisions
substantially similar to those set forth in divisions (A) and (B) of
section 3903.88 of the Revised Code. The insurer shall file the copy
in that state no later than the later of:

(1)
Fifteen days after receiving the request for a copy of the plan;

(2)
The date on which the RBC plan or revised RBC plan is filed pursuant
to division (C) or (D) of this section.

Sec.
3903.84.
(A)
For purposes of sections 3903.81 to
3903.93

3903.92

of
the Revised Code, a "regulatory action level event" is any
of the following events:

(1)
The filing of an RBC report by an insurer that indicates that the
insurer's total adjusted capital is greater than or equal to its
authorized control level RBC but less than its regulatory action
level RBC;

(2)
The notification by the superintendent of insurance to an insurer of
an adjustment to the insurer's RBC report, which adjusted RBC report
shows the insurer's total adjusted capital within the range described
in division (A)(1) of this section, provided that the insurer does
not challenge the adjusted RBC report under section 3903.87 of the
Revised Code;

(3)
The notification by the superintendent to an insurer, following the
hearing required under section 3903.87 of the Revised Code, that the
superintendent has rejected the insurer's challenge to an adjusted
RBC report, which report shows the insurer's total adjusted capital
within the range described in division (A)(1) of this section;

(4)
The failure of an insurer to file an RBC report by the first day of
March of every year, unless the insurer has provided an explanation
for such failure that is satisfactory to the superintendent and has
cured the failure within ten days after the filing date;

(5)
The failure of an insurer to submit an RBC plan to the superintendent
within the time period set forth in division (C) of section 3903.83
of the Revised Code;

(6)
The notification by the superintendent to an insurer of both of the
following:

(a)
The RBC plan or revised RBC plan submitted by the insurer is
unsatisfactory in the judgment of the superintendent;

(b)
The superintendent's notification constitutes a regulatory action
level event with respect to the insurer, provided that the insurer
has not challenged the determination under section 3903.87 of the
Revised Code.

(7)
The superintendent's notification to an insurer, following the
hearing required under section 3903.87 of the Revised Code, that the
superintendent has rejected the insurer's challenge to the
superintendent's determination under division (A)(6) of this section;

(8)
The superintendent's notification to an insurer that the
superintendent has determined that the insurer has failed to adhere
to its RBC plan or revised RBC plan, and this failure has had a
substantial adverse effect on the ability of the insurer to eliminate
the conditions leading to the company action level event in
accordance with its RBC plan or revised RBC plan, provided that the
insurer does not challenge this determination under section 3903.87
of the Revised Code;

(9)
The superintendent's notification to an insurer, following the
hearing required under section 3903.87 of the Revised Code, that the
superintendent has rejected the insurer's challenge to a
determination made by the superintendent under division (A)(8) of
this section.

(B)
In the case of a regulatory action level event the superintendent
shall do all of the following:

(1)
Require the insurer to prepare and submit an RBC plan, or, if
applicable, a revised RBC plan;

(2)
Perform such examination or analysis as the superintendent considers
necessary of the assets, liabilities, and operations of the insurer,
including a review of the insurer's RBC plan or revised RBC plan and
the results of any sensitivity tests undertaken pursuant to the RBC
instructions;

(3)
Issue a corrective order specifying such corrective actions as the
superintendent determines are required, based upon the
superintendent's examination or analysis under division (B)(2) of
this section.

(C)(1)
The RBC plan or revised RBC plan required by division (B)(1) of this
section shall be submitted to the superintendent within forty-five
days after the regulatory action level event, except by an insurer
that files a challenge to an adjusted RBC report or a revised RBC
plan pursuant to section 3903.87 of the Revised Code. If the
superintendent determines the challenge is frivolous, the time limit
for the submission of the RBC plan or revised RBC plan shall not be
altered by the filing of the challenge.

(2)
If an insurer files a nonfrivolous challenge to an adjusted RBC
report or a revised RBC plan, the RBC plan or revised RBC plan
required by division (B)(1) of this section shall only be submitted
to the superintendent if the superintendent rejects the challenge
following the hearing required under section 3903.87 of the Revised
Code. The RBC plan or revised RBC plan shall be submitted within
forty-five days after the superintendent's notification to the
insurer of the superintendent's rejection of the insurer's challenge.

(D)
The superintendent may retain actuaries, investment experts, and such
other consultants, as may be necessary in the superintendent's
judgment, to review an insurer's RBC plan or revised RBC plan, to
examine or analyze the assets, liabilities, and operation of the
insurer, and to formulate a corrective order for the insurer. The
fees, costs, and expenses relating to these consultants shall be
borne by the affected insurer.

Sec.
3903.85.
(A)
For purposes of sections 3903.81 to
3903.93

3903.92

of
the Revised Code, an "authorized control level event" is
any of the following events:

(1)
The filing of an RBC report by an insurer that indicates that the
insurer's total adjusted capital is greater than or equal to its
mandatory control level RBC but less than its authorized control
level RBC;

(2)
The notification by the superintendent of insurance to an insurer of
an adjustment to the insurer's RBC report, the adjusted RBC report
showing the insurer's total adjusted capital within the range
described in division (A)(1) of this section, provided that the
insurer does not challenge the adjusted RBC report under section
3903.87 of the Revised Code;

(3)
The superintendent's notification to an insurer, following the
hearing required under section 3903.87 of the Revised Code, that the
superintendent has rejected the insurer's challenge to an adjusted
RBC report showing the insurer's total adjusted capital within the
range described in division (A)(1) of this section;

(4)
The failure of an insurer to respond, in a manner satisfactory to the
superintendent, to a corrective order issued under division (B)(3) of
section 3903.84 of the Revised Code, provided that the insurer has
not challenged the corrective order under section 3903.87 of the
Revised Code;

(5)
The failure of an insurer to respond, in a manner satisfactory to the
superintendent, to a corrective order issued under division (B)(3) of
section 3903.84 of the Revised Code, subsequent to the
superintendent's modification of an earlier order or the
superintendent's rejection of the insurer's challenge of the order
under section 3903.87 of the Revised Code.

(B)
In the case of an authorized control level event, the superintendent
shall do the following:

(1)
Take the actions required under section 3903.84 of the Revised Code
for regulatory action level events;

(2)
If the superintendent considers it to be in the best interests of the
policyholders and creditors of the insurer and of the public, take
such actions as are necessary to place the insurer under regulatory
control under sections 3903.01 to 3903.59 of the Revised Code. The
authorized control level event shall be deemed sufficient grounds for
the superintendent to take action under sections 3903.01 to 3903.59
of the Revised Code. Nothing in sections 3903.81 to
3903.93

3903.92

of
the Revised Code shall impair or restrict the rights, powers, and
protections afforded to the superintendent and to insurers under
sections 3903.01 to 3903.59 of the Revised Code.

Sec.
3903.86.
(A)
For purposes of sections 3903.81 to
3903.93

3903.92

of
the Revised Code, a "mandatory control level event" is any
of the following events:

(1)
The filing of an RBC report by an insurer that indicates that the
insurer's total adjusted capital is less than its mandatory control
level RBC;

(2)
The notification by the superintendent of insurance to an insurer of
an adjustment to the insurer's RBC report, which adjusted RBC report
shows the insurer's total adjusted capital at less than its mandatory
control level RBC, provided the insurer does not challenge the
adjusted RBC report under section 3903.87 of the Revised Code;

(3)
The superintendent's notification to an insurer, following the
hearing required under section 3903.87 of the Revised Code, that the
superintendent has rejected the insurer's challenge to an adjusted
RBC report.

(B)
In the case of a mandatory control level event, the superintendent
shall do the following:

(1)
With respect to a life or health insurer, take such actions as are
necessary to place the insurer under regulatory control under
sections 3903.01 to 3903.59 of the Revised Code. The mandatory
control level event shall be deemed sufficient grounds for the
superintendent to take action under sections 3903.01 to 3903.59 of
the Revised Code. Nothing in sections 3903.81 to
3903.93

3903.92

of
the Revised Code shall impair or restrict the rights, powers, and
protections afforded to the superintendent and to insurers under
sections 3903.01 to 3903.59 of the Revised Code. However, the
superintendent may defer action under this division for up to ninety
days after the mandatory control level event if the superintendent
finds that there is a reasonable expectation the insurer may be able
to eliminate the conditions leading to the mandatory control level
event within the ninety-day period.

(2)
With respect to a property and casualty insurer, take such actions as
are necessary to place the insurer under regulatory control under
sections 3903.01 to 3903.59 of the Revised Code. In the case of a
property and casualty insurer that is writing no business, and that
is running-off its existing business, the superintendent may allow
the insurer to continue the run-off under the supervision of the
superintendent. The mandatory control level event shall be deemed
sufficient grounds, however, for the superintendent to take action
under sections 3903.01 to 3903.59 of the Revised Code, regardless of
whether a property and casualty insurer is running-off its existing
business. Nothing in sections 3903.81 to
3903.93

3903.92

of
the Revised Code shall impair or restrict the rights, powers, and
protections afforded to the superintendent and to insurers under
sections 3903.01 to 3903.59 of the Revised Code. The superintendent
may defer action for up to ninety days after the mandatory control
level event if the superintendent finds that there is a reasonable
expectation the insurer may be able to eliminate the conditions
leading to the mandatory control level event within the ninety-day
period.

Sec.
3903.87.
(A)
An insurer has the right to a hearing upon receiving any of the
following from the superintendent of insurance:

(1)
An adjusted RBC report;

(2)
Notification that the insurer's RBC plan or revised RBC plan is
unsatisfactory and a statement that the notification constitutes a
regulatory action level event for the insurer;

(3)
Notification that the superintendent has determined that the insurer
has failed to adhere to its RBC plan or revised RBC plan, which
failure has a substantial adverse effect on the ability of the
insurer to eliminate the conditions leading to a company action level
event in accordance with its RBC plan or revised RBC plan;

(4)
A corrective order issued under division (B)(3) of section 3903.84 of
the Revised Code.

(B)
An insurer shall notify the superintendent of its request for a
hearing within five days after its receipt of any item listed in
division (A) of this section. Upon the superintendent's receipt of
the insurer's request for a hearing, the superintendent shall set a
date for the hearing, which date shall be no less than ten days and
no more than thirty days after the superintendent's receipt of the
insurer's request.

(C)
An insurer may challenge any determination or action taken by the
superintendent under sections 3903.81 to
3903.93

3903.92

of
the Revised Code at the hearing held pursuant to this section. The
hearing shall not be a public hearing, unless the insurer requests a
public hearing.

Sec.
3903.89.
Unless
otherwise provided, all notices sent to an insurer by the
superintendent of insurance that may result in regulatory action
under sections 3903.81 to
3903.93

3903.92

of
the Revised Code shall be effective upon dispatch if transmitted by
registered or certified mail. Any other notice transmitted shall be
effective upon the insurer's receipt of the notice.

Sec.
3903.91.
There
shall be no liability on the part of, and no cause of action shall
arise against, the superintendent of insurance, or the department of
insurance, its employees, or its agents, for any action taken in
their performance of the powers and duties under sections 3903.81 to

3903.93

3903.92

of
the Revised Code.

Sec.
3903.92.
The
superintendent may exempt any domestic property and casualty insurer
from the application of sections 3903.81 to
3903.93

3903.92

of
the Revised Code, if the insurer meets all of the following
requirements:

(A)
The insurer writes direct business only in this state;

(B)
The insurer writes direct annual premiums of three million dollars or
less;

(C)
The insurer assumes no reinsurance in excess of five per cent of
direct premium written.

Sec.
3905.01.
As
used in this chapter:

(A)
"Affordable Care Act" means the "Patient Protection
and Affordable Care Act," 124 Stat. 119, 42 U.S.C. 18031 (2011).

(B)
"Business entity" means a corporation, association,
partnership, limited liability company, limited liability
partnership, or other legal entity.

(C)
"Home state" means the state or territory of the United
States, including the District of Columbia, in which an insurance
agent maintains the insurance agent's principal place of residence or
principal place of business and is licensed to act as an insurance
agent.

(D)
"In-person assister" means any person, other than a
navigator, who receives any funding from, or who is selected or
designated by, an exchange, the state, or the federal government to
perform any of the activities and duties identified in division (i)
of section 1311 of the Affordable Care Act. "In-person assister"
includes any individual that is employed by, supervised by, or
affiliated with an in-person assister and performs any of the
activities and duties identified in division (i) of section 1311 of
the Affordable Care Act, any non-navigator assistance personnel, and
any other person deemed as such by rules adopted by the
superintendent under division
(L)
(K)

of section 3905.471 of the Revised Code.

(E)
"Insurance" means any of the lines of authority set forth
in Chapter 1739., 1751., or 1761. or Title XXXIX of the Revised Code,
or as additionally determined by the superintendent of insurance.

(F)
"Insurance agent" or "agent" means any person
that, in order to sell, solicit, or negotiate insurance, is required
to be licensed under the laws of this state, including limited lines
insurance agents and surplus line brokers.

(G)
"Insurer" has the same meaning as in section 3901.32 of the
Revised Code.

(H)
"License" means the authority issued by the superintendent
to a person to act as an insurance agent for the lines of authority
specified, but that does not create any actual, apparent, or inherent
authority in the person to represent or commit an insurer.

(I)
"Limited line credit insurance" means credit life, credit
disability, credit property, credit unemployment, involuntary
unemployment, mortgage life, mortgage guaranty, mortgage disability,
guaranteed automobile protection insurance, or any other form of
insurance offered in connection with an extension of credit that is
limited to partially or wholly extinguishing that credit obligation
and that is designated by the superintendent as limited line credit
insurance.

(J)
"Limited line credit insurance agent" means a person that
sells, solicits, or negotiates one or more forms of limited line
credit insurance to individuals through a master, corporate, group,
or individual policy.

(K)
"Limited lines insurance" means those lines of authority
set forth in divisions (B)(7) to (13) of section 3905.06 of the
Revised Code

or in rules adopted by the superintendent,

or any lines of authority the superintendent considers necessary to
recognize for purposes of complying with section 3905.072 of the
Revised Code.

(L)
"Limited lines insurance agent" means a person authorized
by the superintendent to sell, solicit, or negotiate limited lines
insurance.

(M)
"NAIC" means the national association of insurance
commissioners.

(N)
"Insurance navigator" means a person selected to perform
the activities and duties identified in division (i) of section 1311
of the Affordable Care Act that is certified by the superintendent of
insurance under section 3905.471 of the Revised Code. "Insurance
navigator" refers to a navigator specified in section 1311 of
the Affordable Care Act, 42 U.S.C. 13031.

(O)
"Negotiate" means to confer directly with, or offer advice
directly to, a purchaser or prospective purchaser of a particular
contract of insurance with respect to the substantive benefits,
terms, or conditions of the contract, provided the person that is
conferring or offering advice either sells insurance or obtains
insurance from insurers for purchasers.

(P)
"Person" means an individual or a business entity.

(Q)
"Sell" means to exchange a contract of insurance by any
means, for money or its equivalent, on behalf of an insurer.

(R)
"Self-service storage facility" means an entity that is
engaged in the business of providing real property designed and used
for the purpose of renting or leasing individual storage space to the
public who are to have access to the space for the purpose of storing
and removing personal property on a self-service basis, but does not
include a garage or other storage area in a private residence.

(S)
"Solicit" means to attempt to sell insurance, or to ask or
urge a person to apply for a particular kind of insurance from a
particular insurer.

(T)
"Superintendent" or "superintendent of insurance"
means the superintendent of insurance of this state.

(U)
"Terminate" means to cancel the relationship between an
insurance agent and the insurer or to terminate an insurance agent's
authority to transact insurance.

(V)
"Uniform application" means the NAIC uniform application
for resident and nonresident agent licensing, as amended by the NAIC
from time to time.

(W)
"Uniform business entity application" means the NAIC
uniform business entity application for resident and nonresident
business entities, as amended by the NAIC from time to time.

(X)
"Exchange" means a health benefit exchange established by
the state government of Ohio or an exchange established by the United
States department of health and human services in accordance with the
"Patient Protection and Affordable Care Act," 124 Stat.
119, 42 U.S.C. 18031 (2011).

Sec.
3905.04.
(A)
Except as otherwise provided in this section or in section 3905.041
of the Revised Code, a resident individual applying for an insurance
agent license for any of the lines of authority described in division
(B) of this section shall take and pass a written examination prior
to application for licensure. The examination shall test the
knowledge of the individual with respect to the lines of authority
for which application will be made, the duties and responsibilities
of an insurance agent, and the insurance laws of this state. Before
admission to the examination, each individual shall pay the
nonrefundable examination fee.

(B)
The examination described in division (A) of this section shall be
required for the following lines of authority:

(1)
Any of the lines of authority set forth in divisions (B)(1) to (5) of
section 3905.06 of the Revised Code;

(2)
Title insurance;

(3)
Surety bail bonds as provided in sections 3905.83 to
3905.95

3905.941

of
the Revised Code;

(4)
Any other line of authority designated by the superintendent of
insurance.

(C)(1)
An individual shall not be permitted to take the examination
described in division (A) of this section unless one of the following
applies:

(a)
The individual has earned a bachelor's or associate's degree in
insurance from an accredited institution.

(b)
The individual has earned a professional designation approved by the
superintendent.

(c)
The individual has completed, for each line of authority for which
the individual has applied, twenty hours of study in a program of
insurance education approved by the superintendent, under criteria
established by the superintendent, which may include the option for
all of the following types of courses and programs or combination
thereof:

(i)
Classroom;

(ii)
Online;

(iii)
Self-study.

(2)
Division (C) of this section does not apply with respect to title
insurance or any other line of authority designated by the
superintendent.

(D)
An individual who fails to appear for an examination as scheduled, or
fails to pass an examination, may reapply for the examination if the
individual pays the required fee and submits any necessary forms
prior to being rescheduled for the examination.

(E)(1)
The superintendent may, in accordance with Chapter 119. of the
Revised Code, adopt any rule necessary for the implementation of this
section.

(2)
(E)

The superintendent may make any necessary arrangements, including
contracting with an outside testing service, for the administration
of the examinations and the collection of the fees required by this
section.

Sec.
3905.06.
(A)(1)
The superintendent of insurance shall issue a resident insurance
agent license to an individual applicant whose home state is Ohio
upon submission of a completed application and payment of any
applicable fee required under this chapter, if the superintendent
finds all of the following:

(a)
The applicant is at least eighteen years of age.

(b)
The applicant has not committed any act that is a ground for the
denial, suspension, or revocation of a license under section 3905.14
of the Revised Code.

(c)
If required under section 3905.04 of the Revised Code, the applicant
has completed a program of insurance education for each line of
authority for which the applicant has applied.

(d)
If required under section 3905.04 of the Revised Code, the applicant
has passed an examination for each line of authority for which the
applicant has applied.

(e)
Any applicant applying for variable life-variable annuity line of
authority is registered with the financial industry regulatory
authority (FINRA) as a registered representative after having passed
at least one of the following examinations administered by the FINRA:
the series 6 examination, the series 7 examination, the series 63
examination, the series 66 examination, or any other FINRA
examination approved by the superintendent.

(f)
If required under section 3905.051 of the Revised Code, the applicant
has consented to a criminal records check and the results of the
applicant's criminal records check are determined to be satisfactory
by the superintendent in accordance with section 9.79 of the Revised
Code.

(g)
The applicant is a United States citizen or has provided proof of
having legal authorization to work in the United States.

(h)
The applicant is honest and trustworthy and is otherwise suitable to
be licensed.

(2)
The superintendent shall issue a resident insurance agent license to
a business entity applicant upon submission of a completed
application and payment of any applicable fees required under this
chapter if the superintendent finds all of the following:

(a)
Except as provided under division (C)(2) of section 3905.062 or
division (C)(2) of section 3905.063 of the Revised Code, the
applicant either is domiciled in Ohio or maintains its principal
place of business in Ohio.

(b)
The applicant has designated a licensed insurance agent who will be
responsible for the applicant's compliance with the insurance laws of
this state.

(c)
The applicant has not committed any act that is a ground for the
denial, suspension, or revocation of a license under section 3905.14
of the Revised Code.

(d)
Any applicant applying for a portable electronics insurance license
line of authority satisfies the requirements of division (C)(1) of
section 3905.062 of the Revised Code or any applicant applying for a
self-service storage insurance license line of authority satisfies
the requirements of division (C)(1) of section 3905.063 of the
Revised Code.

(e)
The applicant has submitted any other documents requested by the
superintendent.

(B)
An insurance agent license issued pursuant to division (A) of this
section shall state the licensee's name, the license number, the date
of issuance, the date the license expires, the line or lines of
authority for which the licensee is qualified, and any other
information the superintendent deems necessary.

A
licensee may be qualified for any of the following lines of
authority:

(1)
Life, which is insurance coverage on human lives, including benefits
of endowment and annuities, and may include benefits in the event of
death or dismemberment by accident and benefits for disability
income;

(2)
Accident and health, which is insurance coverage for sickness, bodily
injury, or accidental death, and may include benefits for disability
income;

(3)
Property, which is insurance coverage for the direct or consequential
loss or damage to property of any kind;

(4)
Casualty, which is insurance coverage against legal liability,
including coverage for death, injury, or disability or damage to real
or personal property;

(5)
Personal lines, which is property and casualty insurance coverage
sold to individuals and families for noncommercial purposes;

(6)
Variable life and variable annuity products, which is insurance
coverage provided under variable life insurance contracts and
variable annuities;

(7)
Credit, which is limited line credit insurance;

(8)
Title, which is insurance coverage against loss or damage suffered by
reason of liens against, encumbrances upon, defects in, or the
unmarketability of, real property;

(9)
Surety bail bond, which is the authority set forth in sections
3905.83 to
3905.95

3905.941

of
the Revised Code;

(10)
Portable electronics insurance, which is a limited line described in
section 3905.062 of the Revised Code;

(11)
Self-service storage insurance, which is a limited line described in
section 3905.063 of the Revised Code;

(12)
Travel insurance, which is a limited line described in sections
3905.064 to
3905.0611

3905.0610

of
the Revised Code;

(13)
Any other line of authority designated by the superintendent.

(C)(1)
An individual seeking to renew a resident insurance agent license
shall apply biennially for a renewal of the license on or before the
last day of the licensee's birth month. A business entity seeking to
renew a resident insurance agent license shall apply biennially for a
renewal of the license on or before the date determined by the
superintendent. The superintendent shall send a renewal notice to all
licensees at least one month prior to the renewal date.

Applications
shall be submitted to the superintendent on forms prescribed by the
superintendent. Each application shall be accompanied by a biennial
renewal fee. The superintendent also may require an applicant to
submit any document reasonably necessary to verify the information
contained in the renewal application.

(2)
To be eligible for renewal, an individual applicant shall complete
the continuing education requirements pursuant to section 3905.481 of
the Revised Code prior to the renewal date.

(3)
If an applicant submits a completed renewal application, qualifies
for renewal pursuant to divisions (C)(1) and (2) of this section, and
has not committed any act that is a ground for the refusal to issue,
suspension of, or revocation of a license under section 3905.14 of
the Revised Code, the superintendent shall renew the applicant's
resident insurance agent license.

(D)
If an individual or business entity does not apply for the renewal of
the individual or business entity's license on or before the license
renewal date specified in division (C)(1) of this section, the
individual or business entity may submit a late renewal application
along with all applicable fees required under this chapter prior to
the first day of the second month following the license renewal date.

(E)
A license issued under this section that is not renewed on or before
its renewal date pursuant to division (C) of this section or its late
renewal date pursuant to division (D) of this section automatically
is suspended for nonrenewal on the first day of the second month
following the renewal date. If a license is suspended for nonrenewal
pursuant to this division, the individual or business entity is
eligible to apply for reinstatement of the license within the
twelve-month period following the date by which the license should
have been renewed by complying with the reinstatement procedure
established by the superintendent and paying all applicable fees
required under this chapter.

(F)
A license that is suspended for nonrenewal that is not reinstated
pursuant to division (E) of this section automatically is canceled
unless the superintendent is investigating any allegations of
wrongdoing by the agent or has initiated proceedings under Chapter
119. of the Revised Code. In that case, the license automatically is
canceled after the completion of the investigation or proceedings
unless the superintendent revokes the license.

(G)
An individual licensed as a resident insurance agent who is unable to
comply with the license renewal procedures established under this
section and who is unable to engage in the business of insurance due
to military service, a long-term medical disability, or some other
extenuating circumstance may request an extension of the renewal date
of the individual's license. To be eligible for such an extension,
the individual shall submit a written request with supporting
documentation to the superintendent. At the superintendent's
discretion, the superintendent may not consider a written request
made after the renewal date of the license.

Sec.
3905.064.
As
used in sections 3905.064 to
3905.0611

3905.0610

of
the Revised Code:

(A)
"Aggregator site" means a web site that provides access to
information regarding insurance products from more than one insurer,
including product and insurer information, for use in comparison
shopping.

(B)
"Blanket travel insurance" means a policy of travel
insurance issued to any eligible group providing coverage for
specific classes of persons defined in the policy with coverage
provided to all members of the eligible group without a separate
charge to individual members of the eligible group.

(C)
"Cancellation fee waiver" means a contractual agreement
between a supplier of travel services and its customer to waive some
or all of the nonrefundable cancellation fee provisions of the
supplier's underlying travel contract, with or without regard to the
reason for the cancellation or form of reimbursement.

(D)
"Eligible group" means, solely for the purposes of travel
insurance, two or more persons who are engaged in a common
enterprise, or have an economic, educational, or social affinity or
relationship. "Eligible group" includes any of the
following:

(1)
Any entity engaged in the business of providing travel or travel
services, including all of the following:

(a)
Tour operators;

(b)
Lodging providers;

(c)
Vacation property owners;

(d)
Hotels and resorts;

(e)
Travel clubs;

(f)
Travel agencies;

(g)
Property managers;

(h)
Cultural exchange programs;

(i)
Common carriers or the operator, owner, or lessor of a means of
transportation of passengers, including airlines, cruise lines,
railroads, steamship companies, and public bus carriers that, with
regard to any particular travel or type of travel or travelers,
subjects all members or customers of the group to a common exposure
to risk attendant to such travel;

(2)
Any college, school, or other institution of learning, obtaining
travel insurance covering students, teachers, employees, or
volunteers;

(3)
Any employer obtaining travel insurance coverage for any group of
employees, volunteers, contractors, board of directors, dependents,
or guests;

(4)
Any sports team, camp, or sponsor thereof, obtaining travel insurance
coverage for participants, members, campers, employees, officials,
supervisors, or volunteers;

(5)
Any religious, charitable, recreational, educational, or civic
organization, or branch thereof, obtaining travel insurance coverage
for any group of members, participants, or volunteers;

(6)
Any financial institution or financial institution vendor, or parent
holding company, trustee, or agent of, or designated by, one or more
financial institutions or financial institution vendors, including
account holders, credit card holders, debtors, guarantors, or
purchasers;

(7)
Any incorporated or unincorporated association, including labor
unions, that have a common interest, constitution, and bylaws, and
that are organized and maintained in good faith for purposes other
than obtaining insurance for members or participants of such
association covering its members;

(8)
Any trust or the trustees of a fund established, created, or
maintained for the benefit of and covering members, employees, or
customers of one or more associations meeting the requirements of
division (D)(7) of this section, subject to the superintendent's
permitting the use of a trust and the state's premium tax provisions
in section 3905.068 of the Revised Code;

(9)
Any entertainment production company obtaining travel insurance
coverage for any group of participants, volunteers, audience members,
contestants, or workers;

(10)
Any volunteer fire department, ambulance, rescue, police, or court,
or any first aid, civil defense, or other such volunteer group;

(11)
Preschools, child care centers, adult day-care institutions, and
senior citizen clubs;

(12)
Any automobile or truck rental or leasing company obtaining travel
insurance coverage for a group of individuals who may become renters,
lessees, or passengers, defined by their travel status, on the rented
or leased vehicles;

(13)
Any other group whose members the superintendent has determined are
engaged in a common enterprise, or that have an economic,
educational, or social affinity or relationship, if the
superintendent also determines that issuance of the travel insurance
policy would not be contrary to the public interest.

(E)
"Fulfillment materials" means documentation sent to the
purchaser of a travel protection plan confirming the purchase and
providing the travel protection plan's coverage and assistance
details.

(F)
"Group travel insurance" means travel insurance issued to
any eligible group.

(G)
"Limited lines travel insurance agent" means an individual
or business entity licensed to sell, solicit, or negotiate travel
insurance under section 3905.065 of the Revised Code. "Limited
lines travel insurance agent" includes a licensed insurance
agent and a travel administrator.

(H)
"Offer and sell" means providing general information,
including a description of the coverage and price, as well as
processing the application and collecting premiums.

(I)
"Primary certificate holder" means an individual person who
elects and purchases travel insurance under a group policy.

(J)
"Primary policyholder" means an individual person who
elects and purchases individual travel insurance.

(K)
"Travel administrator" means a person who directly or
indirectly underwrites, collects charges, collateral, or premiums
from, or adjusts or settles claims on residents of this state, in
connection with travel insurance. The following persons shall not be
considered a travel administrator if they engage in no other
activities that would cause them to be considered a travel
administrator:

(1)
A person working for a travel administrator to the extent that the
person's activities are subject to the supervision and control of the
travel administrator;

(2)
An insurance agent selling insurance or engaged in administrative and
claims-related activities within the scope of the agent's license;

(3)
A travel retailer offering and selling travel insurance and
registered under the license of a limited-lines travel insurance
agent in accordance with sections 3905.065 and 3905.066 of the
Revised Code;

(4)
An individual adjusting or settling claims in the normal course of
that individual's practice or employment as an attorney at law and
who does not collect charges or premiums in connection with insurance
coverage;

(5)
A business entity affiliated with a licensed insurer while that
insurer is acting as a travel administrator for the direct and
assumed insurance business of a separate affiliated insurer.

(L)
"Travel assistance services" means noninsurance services
for which the consumer is not indemnified based on a fortuitous
event, and where providing the service does not result in transfer or
shifting of risk that would constitute the business of insurance.
"Travel assistance services" include all of the following:

(1)
Security advisories;

(2)
Destination information;

(3)
Vaccination and immunization information services;

(4)
Travel reservation services;

(5)
Entertainment;

(6)
Activity and event planning;

(7)
Translation assistance;

(8)
Emergency messaging;

(9)
International legal and medical referrals;

(10)
Medical case monitoring;

(11)
Coordination of transportation arrangements;

(12)
Emergency cash transfer assistance;

(13)
Medical prescription replacement assistance;

(14)
Passport and travel document replacement assistance;

(15)
Lost luggage assistance;

(16)
Concierge services;

(17)
Any other service that is furnished in connection with planned
travel.

(M)(1)
"Travel insurance" means insurance coverage for personal
risks incident to planned travel, including all of the following:

(a)
Interruption or cancellation of a trip or event;

(b)
Loss of baggage or personal effects;

(c)
Damages to accommodations or rental vehicles;

(d)
Sickness, accident, disability, or death occurring during travel;

(e)
Emergency evacuation;

(f)
Repatriation of remains;

(g)
Any other contractual obligations to indemnify or pay a specified
amount to the traveler upon determinable contingencies related to
travel as approved by the superintendent of insurance.

(2)
"Travel insurance" does not include any of the following:

(a)
Major medical plans that provide comprehensive medical protection for
a traveler with a trip lasting six months or longer, including a plan
covering a person working overseas as an expatriate or in a deployed
military unit;

(b)
Any other product that requires a specific insurance agent license;

(c)
Travel assistance services;

(d)
Cancellation fee waivers.

(N)
"Travel insurer" means an insurer, as defined in section
3901.32 of the Revised Code, that provides travel insurance.

(O)
"Travel protection plan" means a plan that provides one or
more of the following: travel insurance, travel assistance services,
and cancellation fee waivers.

(P)
"Travel retailer" means a business entity that makes,
arranges, or offers travel services, and that may offer or sell
travel insurance as a service to its customers on behalf of, and
under the direction of, a limited lines travel insurance agent in
conjunction with the making, arranging, or offering of travel
services.

Sec.
3905.065.
(A)
No person shall offer or sell travel insurance except as provided in
sections 3905.064 to
3905.0611

3905.0610

of
the Revised Code.

(B)
Notwithstanding any other provision of law, the superintendent of
insurance may issue to an individual or business entity a limited
lines travel insurance agent license that authorizes the holder of
the license to sell, solicit, or negotiate travel insurance through a
licensed insurer if both of the following requirements are met:

(1)
The individual or business entity has submitted an application to the
superintendent for the license on a form and in a manner prescribed
by the superintendent.

(2)
The individual or business entity has paid all fees applicable under
this chapter.

(C)(1)
At the time the superintendent of insurance issues a license under
this section, the limited lines travel insurance agent shall
establish and maintain, on a form prescribed by the superintendent, a
register of each travel retailer that offers or sells travel
insurance on the limited lines travel agent's behalf.

(2)(a)
The register shall include the name, address, and contact information
of the travel retailer and an officer or person who directs or
controls the travel retailer's operations, and the travel retailer's
federal tax identification number.

(b)
The limited lines travel insurance agent shall update the register as
needed to maintain its accuracy.

(3)(a)
The limited lines travel insurance agent shall submit the register to
the department of insurance upon reasonable request and shall certify
that the registered travel retailer complies with 18 U.S.C. 1033.

(b)
The superintendent may apply the grounds for license suspension,
license revocation, and the imposition of penalties that are found in
section 3905.14 of the Revised Code and that are applicable to
resident insurance agents, to limited lines travel insurance agents
and travel retailers.

(D)
A limited lines travel insurance agent, as well as any travel
retailer and the retailer's employees that are registered under
division (C) of this section, are exempt from any examination and
education requirements as set forth in section 3905.04 of the Revised
Code for purposes of sections 3905.064 to
3905.0611

3905.0610

of
the Revised Code only.

(E)
Travel insurance may be provided under an individual, group, or
blanket insurance policy.

(F)
A person authorized to offer a travel protection plan under sections
3905.064 to
3905.0611

3905.0610

of
the Revised Code may offer a travel protection plan for one price for
the combined features that the travel protection plan offers in this
state if all of the following are met:

(1)
At or prior to the time of purchase, the travel protection plan does
both of the following:

(a)
Clearly discloses to the consumer that it includes travel insurance,
travel assistance services, and cancellation fee waivers, as
applicable;

(b)
Provides information and an opportunity for the consumer to obtain
additional information regarding the features and pricing of each of
the combined features.

(2)
The fulfillment materials provided to the consumer include all of the
following, as applicable:

(a)
A description and delineation of the travel insurance, travel
assistance services, and cancellation fee waivers in the travel
protection plan;

(b)
The travel insurance disclosures;

(c)
The contact information for persons providing travel assistance
services and cancellation fee waivers, as applicable.

(G)
In the event of a conflict between sections 3905.064 to
3905.0611

3905.0610

of
the Revised Code and any other provision of Title XXXIX of the
Revised Code regarding the sale and marketing of travel insurance and
travel protection plans, the provisions of sections 3905.064 to

3905.0611

3905.0610

of
the Revised Code control.

(H)(1)
All documents provided to consumers prior to the purchase of travel
insurance, including sales materials, advertising materials, and
marketing materials, shall be consistent with the travel insurance
policy itself, including forms, endorsements, policies, rate filings,
and certificates of insurance.

(2)
For travel insurance policies or certificates that contain
pre-existing condition exclusions, information and an opportunity to
learn more about the pre-existing condition exclusions shall be
provided any time prior to the time of purchase and in the coverage's
fulfillment materials.

(3)
The fulfillment materials and the information described in division
(A)(1) of section 3905.066 of the Revised Code shall be provided to a
policyholder or certificate holder as soon as practicable after the
purchase of a travel protection plan.

(4)
The travel insurer shall disclose in the policy documentation and
fulfillment materials whether the travel insurance is primary or
secondary to other applicable coverage.

(I)(1)
Unless the insured has either started a covered trip or filed a claim
under the travel insurance coverage, a policyholder or certificate
holder may cancel a travel insurance policy or certificate for a full
refund of the travel protection plan price in accordance with the
following:

(a)
If the travel protection plan's fulfillment materials are delivered
by postal mail, the policyholder or certificate holder may cancel
within fifteen days following the date of delivery.

(b)
If the travel protection plan's fulfillment materials are delivered
by means other than postal mail, the policyholder or certificate
holder may cancel within ten days following the date of delivery.

(2)
For the purposes of this division, "delivery" includes
handing fulfillment materials to the policyholder or certificate
holder or sending fulfillment materials by postal mail or electronic
means to the policyholder or certificate holder.

(J)
No person offering, selling, or negotiating travel insurance or
travel protection plans on an individual or group basis may do so by
using a negative option or opt out when the consumer purchases a
trip. As used in this division, "using a negative option or opt
out" includes requiring a consumer to take an affirmative action
to deselect coverage, such as unchecking a box on an electronic form.

(K)
A license issued under this section shall be renewed on a biennial
basis as set forth in sections 3905.06 and 3905.07 of the Revised
Code.

Sec.
3905.066.
(A)
Notwithstanding any other provision of law, a travel retailer may
offer and sell travel insurance under a limited lines travel
insurance agent that is a business entity if all of the following
conditions are met:

(1)
The limited lines travel insurance agent or travel retailer provides
all of the following information to purchasers of travel insurance at
the time of sale or in the fulfillment materials provided to
purchasers:

(a)
A description of the material terms or the actual terms of the
insurance coverage;

(b)
A description of the process for filing a claim;

(c)
A description of the review or cancellation process for the travel
insurance policy;

(d)
The identity and contact information of the insurer and limited lines
travel insurance agent.

(2)(a)
The limited lines travel insurance agent designates one of the
agent's employees, who is a licensed individual agent, as the
responsible insurance agent who is responsible for the limited lines
travel insurance agent's compliance with the travel insurance laws
and rules of this state applicable to the limited lines travel
insurance agent and its registrants. The designated responsible
insurance agent must be a licensed insurance agent qualified in any
of the following lines of authority in accordance with section
3905.06 of the Revised Code:

(i)
Travel;

(ii)
Property;

(iii)
Personal.

(b)
The responsible insurance agent, president, secretary, treasurer, and
any other officer or person who directs or controls the limited lines
travel insurance agent's insurance operations shall comply with the
fingerprinting requirements of section 3905.051 of the Revised Code
or the applicable fingerprinting requirements of the home state of
the limited lines travel insurance agent.

(3)
The limited lines travel insurance agent business entity and the
responsible insurance agent are responsible for the acts of the
travel retailer and use reasonable means to ensure compliance with
sections 3905.064 to
3905.0611

3905.0610

of
the Revised Code by the travel retailer.

(4)(a)
The limited lines travel insurance agent requires each employee and
authorized representative of the travel retailer, whose duties
include offering or selling travel insurance, to receive a program of
instruction or training that is subject, at the discretion of the
superintendent, to review and approval.

(b)
The training material shall, at minimum, contain instructions on the
types of insurance offered, ethical sales practices, and required
disclosures to prospective customers.

(B)(1)
Any travel retailer offering or selling travel insurance shall make
available to prospective purchasers brochures or other written
materials that have been approved by the travel insurer. Such
materials shall contain all of the following:

(a)
The identity and contact information of the insurer and the limited
lines travel insurance agent;

(b)
An explanation that the purchase of travel insurance is not required
in order to purchase any other product or service from the travel
retailer;

(c)
An explanation that an unlicensed travel retailer is permitted to
provide general information about the insurance offered by the travel
retailer, including a description of the coverage and price, but is
not qualified or authorized to answer technical questions about the
terms and conditions of the insurance offered by the travel retailer
or to evaluate the adequacy of the customer's existing insurance
coverage.

(2)
A travel retailer's employee or authorized representative who is not
licensed as an insurance agent shall not do any of the following:

(a)
Evaluate or interpret the technical terms, benefits, and conditions
of the offered travel insurance coverage;

(b)
Evaluate or provide advice concerning a prospective purchaser's
existing insurance coverage;

(c)
Hold itself out as a licensed insurer, licensed agent, or insurance
expert.

(3)
Notwithstanding any other provision of law, a travel retailer whose
insurance-related activities, and those of its employees and
authorized representatives, are limited to offering and selling
travel insurance on behalf of and under the direction of a limited
lines travel insurance agent that meets the requirements of section
3905.065 of the Revised Code, is authorized to offer and sell
insurance and receive related compensation for these services, if the
travel retailer is registered by the limited lines travel insurance
agent as described in section 3905.065 of the Revised Code. Any
compensation paid to a travel retailer's employee or authorized
representative for the services described in this section shall be
incidental to the employee's or authorized representative's overall
compensation and not based primarily on the number of customers who
purchase travel insurance coverage.

(C)
Nothing in this section shall be construed to prohibit payment of
compensation to a travel retailer or its employees or authorized
representatives for activities under the limited lines travel
insurance agent's license that are incidental to the overall
compensation of the travel retailer or the employees or authorized
representatives of the facility.

Sec.
3905.067.
(A)
Except as otherwise provided in this section, all persons offering
travel insurance to residents of this state are subject to sections
3901.19 to 3901.26 of the Revised Code.

(B)
Any limited lines travel insurance agent, or any travel retailer
offering or selling travel insurance under a limited lines travel
insurance agent, that fails to comply with the provisions of sections
3905.064 to
3905.0611

3905.0610

of
the Revised Code is deemed to have engaged in an unfair and deceptive
act or practice in the business of insurance as defined in section
3901.21 of the Revised Code and is subject to section 3905.14 of the
Revised Code.

(C)
Both of the following shall be considered an unfair and deceptive act
or practice in the business of insurance, as defined in section
3901.21 of the Revised Code, and are subject to, in addition to the
penalties prescribed in section 3901.22 of the Revised Code,
disciplinary action under section 3905.14 of the Revised Code:

(1)
Offering or selling a travel insurance policy that could never result
in payment of any claims;

(2)
Marketing blanket travel insurance coverage as free.

(D)
Marketing travel insurance directly to a consumer through a travel
insurer's web site or by others through an aggregator site is not an
unfair and deceptive act or practice or other violation of law if
both of the following conditions are met:

(1)
An accurate summary or short description of coverage is provided on
the web site;

(2)
The consumer has access to the full provisions of the policy through
electronic means.

(E)
Where a consumer's destination jurisdiction requires insurance
coverage, it is not an unfair and deceptive act or practice in the
business of insurance to require a consumer to choose between the
following options as a condition of purchasing a trip or travel
package:

(1)
Purchasing the coverage required by the destination jurisdiction
through the travel retailer or limited lines travel insurance agent
supplying the trip or travel package;

(2)
Agreeing to obtain and provide proof of coverage that meets the
destination jurisdiction's requirements prior to departure.

Sec.
3905.068.
(A)
A travel insurer shall pay premium tax, as provided in Chapters 5725.
and 5729. of the Revised Code, on travel insurance premiums paid by
any of the following:

(1)
An individual primary policyholder who is a resident of this state;

(2)
A primary certificate holder who is a resident of this state who
elects coverage under a group travel insurance policy;

(3)(a)
A blanket travel insurance policyholder, when the policy covers
eligible blanket group members, that is a resident of, or has its
principal place of business in, this state, including when the policy
covers an affiliate or subsidiary, regardless of the location of the
affiliate or subsidiary.

(b)
Such payments shall be subject to any apportionment rules that apply
to the insurer across multiple taxing jurisdictions or that permit
the insurer to allocate premium on an apportioned basis in a
reasonable and equitable manner in those jurisdictions.

(B)
A travel insurer shall:

(1)
Document the state of residence or principal place of business of the
policyholder or certificate holder, as necessary to comply with
division (A)(1) of this section;

(2)
Report as a premium only the amount allocable to travel insurance and
not any amounts received for travel assistance services or
cancellation fee waivers.

(C)
Neither of the following are insurance:

(1)
A cancellation fee waiver;

(2)
Travel assistance services.

(D)
Surplus lines brokers selling travel insurance shall pay taxes on
premiums related to travel insurance in accordance with sections
3905.30 to 3905.38 of the Revised Code and not in accordance with the
requirements of this section.

(E)
With regard to an automobile or truck rental or leasing company
obtaining travel insurance coverage for a group of individuals who
may become renters, lessees, or passengers, defined by their travel
status on the rented or leased vehicles, the common carrier,
operator, owner, or lessor of a means of transportation, or the
automobile or truck rental or leasing company, is the policyholder
under a policy to which sections 3905.064 to
3905.0611

3905.0610

of
the Revised Code apply.

Sec.
3905.26.
(A)
The superintendent of insurance may participate, in whole or in part,
with the NAIC or any of its affiliates or subsidiaries, in a
centralized agent license registry in which insurance agent licenses
and appointments are centrally or simultaneously effected for all
states that require an insurance agent license and that participate
in the registry.

(B)
The superintendent may adopt rules in accordance with Chapter 119. of
the Revised Code to
adopt
any uniform standard or procedure necessary for participation in the
centralized agent license registry. Such rules may
provide
for the central collection of all fees for licenses or appointments
processed through the registry.

Sec.
3905.471.
(A)
No individual or entity shall act as or hold itself out to be an
insurance navigator unless that individual or entity is certified as
an insurance navigator under this section and is receiving funding
under division (i) of section 1311 of the Affordable Care Act.

(B)
An insurance navigator who complies with the requirements of this
section may do any of the following:

(1)
Conduct public education activities to raise awareness of the
availability of qualified health plans;

(2)
Distribute fair and impartial general information concerning
enrollment in all qualified health plans offered within the exchange
and the availability of the premium tax credits under section 36B of
the Internal Revenue Code of 1986, 26 U.S.C. 36B, and cost-sharing
reductions under section 1402 of the Affordable Care Act;

(3)
Facilitate enrollment in qualified health plans, without suggesting
that an individual select a particular plan;

(4)
Provide referrals to appropriate state agencies for any enrollee with
a grievance, complaint, or question regarding their health plan,
coverage, or a determination under such plan coverage;

(5)
Provide information in a manner that is culturally and linguistically
appropriate to the needs of the population being served by the
exchange.

(C)
An insurance navigator shall not do any of the following:

(1)
Sell, solicit, or negotiate health insurance;

(2)
Provide advice concerning the substantive benefits, terms, and
conditions of a particular health benefit plan or offer advice about
which health benefit plan is better or worse or suitable for a
particular individual or entity;

(3)
Recommend a particular health plan or advise consumers about which
health benefit plan to choose;

(4)
Provide any information or services related to health benefit plans
or other products not offered in the exchange. Division (C)(4) of
this section shall not be interpreted as prohibiting an insurance
navigator from providing information on eligibility for medicaid;

(5)
Engage in any unfair method of competition or any fraudulent,
deceptive, or dishonest act or practice.

(D)
An individual shall not act in the capacity of an insurance
navigator, or perform insurance navigator duties on behalf of an
organization serving as an insurance navigator, unless the individual
has applied for certification and the superintendent finds that the
applicant meets all of the following requirements:

(1)
Is at least eighteen years of age;

(2)
Has completed and submitted the application and disclosure form
required under division (F)(2) of this section and has declared,
under penalty of refusal, suspension, or revocation of the insurance
navigator's certification, that the statements made in the form are
true, correct, and complete to the best of the applicant's knowledge
and belief;

(3)
Has successfully completed a criminal records check under section
3905.051 of the Revised Code, as required by the superintendent;

(4)
Has successfully completed the certification and training
requirements adopted by the superintendent in accordance with
division (F) of this section;

(5)
Has paid all fees required by the superintendent.

(E)(1)
A business entity that acts as an insurance navigator, supervises the
activities of individual insurance navigators, or receives funding to
provide insurance navigator services shall obtain an insurance
navigator business entity certification.

(2)
Any entity applying for a business entity certification shall:

(a)
Apply in a form specified, and provide any information required by,
the superintendent; and

(b)
Pay an initial licensure fee of two hundred dollars or renewal fee of
one hundred dollars.

(3)
A business entity certified as an insurance navigator shall, in a
manner prescribed by the superintendent, make available a list of all
individual insurance navigators that the business entity employs,
supervises, or with which the business entity is affiliated.

(F)
The superintendent of insurance shall, prior to any exchange becoming
operational in this state, do all of the following:

(1)(a)
Adopt rules to establish a certification and training program for a
prospective insurance navigator and the insurance navigator's
employees that includes screening via a criminal records check
performed in accordance with section 3905.051 of the Revised Code,
initial and continuing education requirements, and an examination;

(b)
The certification and training program shall include training on
compliance with the "Health Insurance Portability and
Accountability Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et
seq., as amended, training on ethics, and training on provisions of
the Affordable Care Act relating to insurance navigators and
exchanges.

(2)
Develop an application and disclosure form by which an insurance
navigator may disclose any potential conflicts of interest, as well
as any other information the superintendent considers pertinent.

(G)(1)
The superintendent may suspend, revoke, or refuse to issue or renew
the insurance navigator certification of any person, or levy a civil
penalty against any person, that violates the requirements of this
section or commits any act that would be a ground for denial,
suspension, or revocation of an insurance agent license, as
prescribed in section 3905.14 of the Revised Code.

(2)
The superintendent shall have the power to examine and investigate
the business affairs and records of any insurance navigator.

(3)(a)
The superintendent shall not certify as an insurance navigator, and
shall revoke any existing insurance navigator certification of, any
individual, organization, or business entity that is receiving
financial compensation, including monetary and in-kind compensation,
gifts, or grants, on or after October 1, 2013, in connection with the
enrollment of any employees or other individuals in a qualified
health benefit plan, from an insurer offering a qualified health
benefit plan through an exchange operating in this state.

(b)
Notwithstanding division (G)(3)(a) of this section, the
superintendent may certify as a navigator a qualified health center
and a federally qualified health center look-alike, as defined in
section 3701.047 of the Revised Code.

(4)(a)
If the superintendent finds that a violation of this section made by
an individual insurance navigator was made with the knowledge of the
employing or supervising entity, or that the employing or supervising
entity should reasonably have been aware of the individual insurance
navigator's violation, and the violation was not reported to the
superintendent and no corrective action was undertaken on a timely
basis, then the superintendent may suspend, revoke, or refuse to
renew the insurance navigator certification of the supervising or
employing entity.

(b)
In addition to, or in lieu of, any disciplinary action taken under
division (G)(4)(a) of this section, the superintendent may levy a
civil penalty against such an entity.

(H)
A business entity that terminates the employment, engagement,
affiliation, or other relationship with an individual insurance
navigator shall notify the superintendent within thirty days
following the effective date of the termination, using a format
prescribed by the superintendent, if the reason for termination is
one of the reasons set forth in section 3905.14 of the Revised Code,
or the entity has knowledge that the insurance navigator was found by
a court or government body to have engaged in any of the activities
in section 3905.14 of the Revised Code.

(I)
Insurance navigators are subject to the laws of this chapter, and any
rules adopted pursuant to the chapter, in so far as such laws are
applicable.

(J)
The superintendent may deny, suspend, approve, renew, or revoke the
certification of an insurance navigator if the superintendent
determines that doing so would be in the interest of Ohio insureds or
the general public. Such an action is not subject to Chapter 119. of
the Revised Code.

(K)

The
superintendent may adopt rules in accordance with Chapter 119. of the
Revised Code to implement sections 3905.47 to 3905.473 of the Revised
Code.

(L)

The superintendent may, by rule, apply the requirements of this
chapter to any entity or person designated by an exchange, the state,
or the federal government to assist consumers or participate in
exchange activities.

(M)
(L)

Any fees collected under this section shall be paid into the state
treasury to the credit of the department of insurance operating fund
created under section 3901.021 of the Revised Code.

Sec.
3905.71.
As
used in sections 3905.71 to
3905.79

3905.78

of
the Revised Code:

(A)
"Actuary" means a person who is a member in good standing
of the American academy of actuaries.

(B)
"Insurer" means any person licensed to do business in this
state under Chapter 1751. or 1761. of the Revised Code or Title XXXIX
of the Revised Code.

(C)
"Laws of this state relating to insurance" has the same
meaning as in section 3901.04 of the Revised Code.

(D)(1)
"Managing general agent" means any person that does all of
the following:

(a)
Manages all or part of the insurance business of an insurer,
including the management of a separate division, department, or
underwriting office, or negotiates and binds ceding reinsurance
contracts on behalf of an insurer;

(b)
Acts as an agent for the insurer, whether known as a managing general
agent, manager, or other similar term;

(c)
With or without the authority of the insurer, separately or together
with affiliates, does both of the following:

(i)
Produces, directly or indirectly, and underwrites an amount of gross
direct written premium equal to or more than five per cent of the
policyholder surplus of the insurer as reported in the last annual
statement of the insurer in any one year;

(ii)
Adjusts or pays claims, or negotiates reinsurance on behalf of the
insurer.

(2)
"Managing general agent" does not include any of the
following:

(a)
An employee of the insurer;

(b)
A United States manager of the United States branch of an alien
insurer;

(c)
An underwriting manager that, pursuant to contract, manages all or a
part of the insurance operations of the insurer, is under common
control with the insurer, subject to sections 3901.32 to 3901.37 of
the Revised Code, and whose compensation is not based on the volume
of premiums written;

(d)
The attorney authorized by and acting for the subscribers of a
reciprocal insurer or inter-insurance exchange under powers of
attorney;

(e)
An administrator licensed pursuant to Chapter 3959. of the Revised
Code whose activities on behalf of an insurer are limited to
administrative services involving underwriting or the payment of
claims, and do not include the management of all or part of the
insurance business of the insurer.

(E)
"Underwrite" or "underwriting" means the
authority to accept or reject risk on behalf of an insurer.

Sec.
3905.72.
(A)(1)
No person shall act as a managing general agent representing an
insurer licensed in this state with respect to risks located in this
state unless the person is licensed as a managing general agent
pursuant to division (C) or (D) of this section.

(2)
No person shall act as a managing general agent representing an
insurer organized under the laws of this state with respect to risks
located outside this state unless the person is licensed as a
managing general agent pursuant to division (C) of this section.

(B)
Every person that seeks to act as a managing general agent as
described in division (A) of this section shall apply to the
superintendent of insurance for a license. Except as otherwise
provided in division (D) of this section, the application shall be in
writing on a form provided by the superintendent. The application
shall be kept on file by the superintendent and shall include all of
the following:

(1)
The name and principal business address of the applicant;

(2)
If the applicant is an individual, the applicant's current
occupation;

(3)
If the applicant is an individual, the applicant's occupation or
occupations during the five-year period prior to applying for the
license to act as a managing general agent;

(4)
A copy of the contract between the applicant and the insurer as
required by, and in compliance with, section 3905.73 of the Revised
Code;

(5)
A copy of a certified resolution of the board of directors of the
insurer on whose behalf the applicant will act, appointing the
applicant as a managing general agent and agent of the insurer,
specifying the duties the applicant is expected to perform on behalf
of the insurer and the lines of insurance the applicant will manage,
and authorizing the insurer to enter into a contract with the
applicant as required by section 3905.73 of the Revised Code;

(6)
A statement that the applicant submits to the jurisdiction of the
superintendent and the courts of this state;

(7)
Any other information required by the superintendent.

(C)
The superintendent shall issue to a resident of this state or a
business entity organized under the laws of this state a license to
act as a managing general agent representing an insurer licensed to
do business in this state with respect to risks located in this state
or a license to act as a managing general agent representing an
insurer organized under the laws of this state with respect to risks
located outside this state, and shall renew such a license, if the
superintendent is satisfied that all of the following conditions are
met:

(1)
The applicant is a suitable person and intends to hold self out in
good faith as a managing general agent.

(2)
The applicant understands the duties and obligations of a managing
general agent.

(3)
The applicant has filed a completed application that complies with
division (B) of this section.

(4)
The applicant has paid a fee in the amount of twenty dollars.

(5)
The applicant maintains a bond in the amount of not less than fifty
thousand dollars for the protection of the insurer.

(6)
The applicant maintains an errors and omissions policy of insurance.

(7)
The applicant is not, and has never been, under an order of
suspension or revocation under section 3905.77 of the Revised Code or
under any other law of this state, or any other state, relating to
insurance, and is otherwise in compliance with sections 3905.71 to

3905.79

3905.78

of
the Revised Code and all other laws of this state relating to
insurance.

(D)
If the applicant is a resident of another state or a business entity
organized under the laws of another state, the applicant shall submit
a request for licensure, along with a fee of twenty dollars, to the
superintendent. The superintendent shall issue a license to act as a
managing general agent if the request for licensure includes proof
that the applicant is licensed and in good standing as a managing
general agent in the applicant's home state and either a copy of the
application for licensure the applicant submitted to the applicant's
home state or the application described in division (B) of this
section.

If
the applicant's home state does not license managing general agents
under provisions similar to those in sections 3905.71 to
3905.79

3905.78

of
the Revised Code, or if the applicant's home state does not grant
licenses to residents of this state on the same reciprocal basis, the
applicant shall comply with divisions (B) and (C) of this section.

(E)
Unless suspended or revoked by an order of the superintendent
pursuant to section 3905.77 of the Revised Code and except as
provided in division (F) of this section, any license issued or
renewed pursuant to division (C) or (D) of this section shall expire
on the last day of February next after its issuance or renewal.

(F)
If the appointment of a managing general agent is terminated by the
insurer, the license of the managing general agent shall expire on
the date of the termination.

(G)
A license shall be renewed in accordance with the standard renewal
procedure specified in Chapter 4745. of the Revised Code.

(H)
All license fees collected pursuant to this section shall be paid
into the state treasury to the credit of the department of insurance
operating fund.

Sec.
3905.78.
Nothing
in sections 3905.71 to
3905.79

3905.78

of
the Revised Code is intended, in any manner, to limit or restrict the
rights of policyholders and claimants of any insurer on whose behalf
a managing general agent is acting, or of auditors, accountants,
examiners, or other persons that conduct examinations of insurers.

Sec.
3905.83.
As
used in sections 3905.83 to
3905.95

3905.941

of
the Revised Code:

(A)
"Insurer" means any domestic, foreign, or alien insurance
company that has been issued a certificate of authority by the
superintendent of insurance to transact surety business in this
state.

(B)
"Managing general agent" means any person that is appointed
or employed by an insurer to supervise or otherwise manage the bail
bond business written in this state by surety bail bond agents
appointed by the insurer.

(C)
"Surety" means an insurer that agrees to be responsible for
the fulfillment of the obligation of a principal if the principal
fails to fulfill that obligation.

Sec.
3905.84.
No
person shall act in the capacity of a surety bail bond agent, or
perform any of the functions, duties, or powers prescribed for surety
bail bond agents under sections 3905.83 to
3905.95

3905.941

of
the Revised Code, unless that person is qualified, licensed, and
appointed as provided in those sections.

Sec.
3905.851.
A
surety bail bond agent qualified, licensed, and appointed in
accordance with sections 3905.83 to
3905.95

3905.941

of
the Revised Code shall not be required to pay any licensing fee
imposed by a political subdivision of this state to perform any of
the functions, duties, or powers prescribed for surety bail bond
agents under those sections.

Sec.
3905.87.
(A)
A surety bail bond agent shall not file a bond in any court of this
state unless the agent is licensed and appointed under sections
3905.83 to
3905.95

3905.941

of
the Revised Code and has registered with the clerk of that court
pursuant to division (B) of this section, if registration is required
by the court.

(B)
To register with a court, a surety bail bond agent shall file, with
the clerk of the court, a copy of the agent's surety bail bond
license, a copy of the agent's driver's license or state
identification card, and a certified copy of the surety bail bond
agent's appointment by power of attorney from each insurer that the
surety bail bond agent represents. An agent shall renew the agent's
registration biennially by the first day of April of each
odd-numbered year.

(C)
The clerk of the court shall make available a list of
court-registered surety bail bond agents to the appropriate holding
facility, jail, correction facility, or other similar entity within
the court's jurisdiction annually not later than the first day of
May. If an agent registers with a court after the last day of April,
the court shall add that agent to the list and make the updated list
available to the appropriate holding facility, jail, correction
facility, or other similar entity within the court's jurisdiction
within twenty-four hours of the court's approval of that
registration.

Sec.
3905.89.
Each
person licensed under sections 3905.83 to
3905.95

3905.941

of
the Revised Code shall notify in writing the appropriate insurer or
managing general agent, and the clerk of the court of common pleas of
the county in which the licensee is registered, within thirty days
after a change in the licensee's principal business address or
telephone number.

This
notification requirement is in addition to the notification
requirements set forth in other provisions of this chapter.

Sec.
3905.921.
(A)
If collateral security or other indemnity is accepted on a bond, the
surety bail bond agent, managing general agent, or surety shall make,
upon demand, a written request to the court for a discharge of the
bond to be delivered to the surety or the surety's agent.

If
the obligation of the surety on the bond is released in writing by
the court and a discharge is provided to the surety or the surety's
agent, the collateral security or other indemnity, except a
promissory note or an indemnity agreement, shall be returned, within
twenty-one days after the discharge is provided, to the person that
gave the collateral security or other indemnity, unless another
disposition is provided for by legal assignment of the right to
receive the collateral to another person. If, despite diligent
inquiry by the surety or the surety's agent to determine that the
bond has been discharged, the court fails to provide a written
discharge within thirty days after the written request was made to
the court, the bond shall be considered canceled by operation of law,
and the collateral security or other indemnity, except a promissory
note or an indemnity agreement, shall be returned, within twenty-one
days after the written request for discharge was made to the court,
to the person that gave the collateral security or other indemnity.

(B)
No fee or other charge, other than those authorized by sections
3905.83 to
3905.95

3905.941

of
the Revised Code or by rule of the superintendent of insurance, shall
be deducted from the collateral due. However, allowable expenses
incurred in the apprehension of a defendant because of a forfeiture
of bond or judgment may be deducted if those expenses are accounted
for.

(C)(1)
No person shall fail to return collateral security in accordance with
this section.

(2)
A violation of division (C)(1) of this section shall be punishable as
follows:

(a)
If the collateral is of a value of less than five hundred dollars, a
violation is a misdemeanor of the first degree;

(b)
If the collateral is of a value of at least five hundred dollars but
less than five thousand dollars, a violation is a felony of the fifth
degree;

(c)
If the collateral is of a value of at least five thousand dollars but
less than ten thousand dollars, a violation is a felony of the fourth
degree;

(d)
If the collateral is of a value of ten thousand dollars or more, a
violation is a felony of the third degree.

Sec.
3905.932.
A
surety bail bond agent or insurer shall not do any of the following:

(A)
Suggest or advise the employment of, or name for employment, any
particular attorney to represent its principal;

(B)
Solicit business in, or on the property or grounds of, a detention
facility, as defined in section 2921.01 of the Revised Code, or in,
or on the property or grounds of, any court. For purposes of this
division, "solicit" includes, but is not limited to, the
distribution of business cards, print advertising, or any other
written information directed to prisoners or potential indemnitors,
unless a request is initiated by the prisoner or potential
indemnitor. Permissible print advertising in a detention facility is
strictly limited to a listing in a telephone directory and the
posting of the surety bail bond agent's name, address, and telephone
number in a designated location within the detention facility.

(C)
Wear or otherwise display any identification, other than the wallet
identification card required under division (G) of section 3905.85 of
the Revised Code, in or on the property or grounds of a detention
facility, as defined in section 2921.01 of the Revised Code, or in or
on the property or grounds of any court;

(D)
Pay a fee or rebate or give or promise anything of value to a jailer,
law enforcement officer, committing magistrate, or other person who
has power to arrest or to hold in custody, or to any public official
or public employee, in order to secure a settlement, compromise,
remission, or reduction of the amount of any bail bond or estreatment
of bail;

(E)
Pay a fee or rebate or give or promise anything of value to an
attorney in a bail bond matter, except in defense of any action on a
bond;

(F)
Pay a fee or rebate or give or promise anything of value to the
principal or to anyone in the principal's behalf;

(G)
Post anything without using a bail instrument representing an
insurer, to have a defendant released on bail on all types of set
court bail, except for the following:

(1)
Cash court fees or cash reparation fees;

(2)
Ten per cent assignments;

(3)
Other nonsurety court bonds, if the agent provides full written
disclosure and receipts and retains copies of all documents and
receipts for not less than three years.

(H)
Participate in the capacity of an attorney at a trial or hearing of a
principal;

(I)
Accept anything of value from a principal for providing a bail bond,
other than the premium filed with and approved by the superintendent
of insurance and an expense fee, except that the surety bail bond
agent may, in accordance with section 3905.92 of the Revised Code,
accept collateral security or other indemnity from a principal or
other person together with documentary stamp taxes if applicable. No
fees, expenses, or charges of any kind shall be deducted from the
collateral held or any return premium due, except as authorized by
sections 3905.83 to
3905.95

3905.941

of
the Revised Code or by rule of the superintendent. A surety bail bond
agent, upon written agreement with another party, may receive a fee
or other compensation for returning to custody an individual who has
fled the jurisdiction of the court or caused the forfeiture of a
bond.

(J)
Execute a bond in this state on the person's own behalf;

(K)
Execute a bond in this state if a judgment has been entered on a bond
executed by the surety bail bond agent, which judgment has remained
unpaid for at least sixty days after all appeals have been exhausted,
unless the full amount of the judgment is deposited with the clerk of
the court.

As
used in this section, "instrument" means a fiduciary form
showing a dollar amount for a surety bail bond.

Sec.
3906.03.
(A)(1)
Unless otherwise established in accordance with divisions (A)(2) and
(3) of this section, the amount of the minimum financial security
benchmark for an insurer shall be the greatest of the following:

(a)
The authorized control level risk-based capital applicable to the
insurer, as defined and set forth by sections 1753.31 to
1753.43

1753.42

or
3903.81 to
3903.93

3903.92

of
the Revised Code, less the asset valuation reserve as defined in the
risk-based capital instructions defined in division (M) of section
3903.81 of the Revised Code;

(b)
The minimum capital or minimum surplus required by statute or rule
for maintenance of an insurer's certificate of authority in this
state;

(c)
All invested assets of an entity organized under Chapter 3919. or
3939. of the Revised Code;

(d)
For title insurers, the quotient of annualized net earned premiums
divided by eight;

(e)
For multiple employer welfare arrangements, the greater of three
hundred per cent of the risk-based capital amount reported in the
annual statement or the quotient of annualized net earned premiums
divided by twelve.

(2)
The superintendent may, in accordance with division (B) of this
section, establish by order a minimum financial security benchmark to
apply to a specific insurer that exceeds the amount arrived at under
division (A)(1) of this section.

(3)
The superintendent may by rule change the minimum financial security
benchmark that is a multiple of authorized control level risk-based
capital, or equivalent risk-based capital calculation, to apply to
any class of insurers provided the amount established by the rule is
not less than the amount arrived at under division (A)(1) of this
section.

(B)
The superintendent shall determine the amount of minimum capital or
minimum surplus as specified in division (A)(1)(b) of this section to
determine an insurer's minimum financial security benchmark. The
amount shall be sufficient to provide reasonable security against
contingencies affecting the insurer's financial position that are not
fully covered by reserves or by reinsurance.

(1)
In determining this amount, the superintendent shall consider all of
the following risks:

(a)
Increases in the frequency or severity of losses beyond the levels
contemplated by the premium rates charged;

(b)
Increases in expenses beyond those contemplated by the premium rates
charged;

(c)
Decreases in the value of assets, or the return on invested assets
below those planned on;

(d)
Changes in economic conditions that would make liquidity more
important than contemplated and would force untimely sale of assets
or prevent timely investments;

(e)
Currency devaluation to which the insurer may be subject;

(f)
Any other contingencies the superintendent identifies that may affect
the insurer's operations.

(2)
In determining the minimum financial security benchmark under
division (A)(2) of this section, the superintendent shall also take
into account the following factors:

(a)
The most reliable information available as to the magnitude of the
various risks under division (B)(1) of this section;

(b)
The extent to which the risks in division (B)(1) of this section are
independent of each other or are related, and whether any dependency
is direct or inverse;

(c)
The insurer's recent history of profits or losses;

(d)
The extent to which the insurer has provided protection against
adverse contingencies in ways other than the establishment of
surplus, including redundancy of premiums, adjustability of contracts
under their terms, investment valuation reserves, whether voluntary
or mandatory, appropriate reinsurance, the use of conservative
actuarial assumptions to provide a margin of security, reserve
adjustments in recognition of previous rate inadequacies, contingency
or catastrophe reserves, diversification of assets, and underwriting
risks;

(e)
Independent judgments on the soundness of the insurer's operations,
as evidenced by the ratings of reliable professional financial
reporting services;

(f)
Any other factor the superintendent considers relevant.

Sec.
3906.15.
(A)

The
superintendent may, in accordance with section 119.03 of the Revised
Code, adopt rules interpreting and implementing the provisions of
this chapter.

(B)

The
superintendent may, in accordance with section 119.03 of the Revised
Code, adopt one or more of the following restrictions on investments
in rules:

(1)
The superintendent may prescribe for defined classes of insurers
special procedural requirements, including special reports and prior
approval on investments, as well as disapproval of investments
subsequent to either.

(2)
The superintendent may prescribe substantive restrictions on
investments of defined classes of insurers, including all of the
following:

(a)
Specification of classes of assets that may not be counted toward
satisfaction of the minimum asset requirement even though the assets
may be counted for unrestricted insurers;

(b)
Specification of maximum amounts of assets that an insurer may invest
in a single investment, issue, or class or group of classes of
investments that shall be expressed as percentages of total assets,
capital, surplus, legal reserves, or other variables;

(c)
Prescription of qualitative tests for investments and conditions
under which investments may be made, including requirements of
specified ratings from investment advisory services, listing on
specified stock exchanges, collateral, marketability, currency
matching, and the financial and legal status of the issuer and its
earnings capacity.

(C)
(B)

If the superintendent is satisfied by evidence of the solidity of an
insurer and the competence of management and its investment advisors,
the superintendent, after a hearing, may by order grant an exemption
to that insurer from any restriction made under division
(B)
(A)

of this section to the extent that the superintendent is satisfied
that the interests of the insurer's insureds and creditors, as well
as the general public, are protected.

Sec.
3911.011.
(A)
No policy, annuity, or other contract providing variable or fixed and
variable benefits or contractual payments shall be delivered or
issued for delivery in this state except by a life insurance company,
organized under the laws of this state, or a company, partnership, or
association, organized or incorporated, by an act of congress, or
under the laws of this or any other state of the United States, or
any foreign government, and transacting the business of life
insurance in this state. No such company, partnership or association
shall deliver or issue for delivery in this state any such policy,
annuity, or contract until the superintendent of insurance has
determined that its condition and methods of operation in connection
with the issuance of the policies, annuities, and contracts will not
render its operation hazardous to the public or to the holders of its
policies, annuities, and other contracts in this state. In making
such determination, the superintendent shall consider the history,
reputation, and financial condition of the company, partnership, or
association, and the character, responsibility, and general fitness
of its officers, directors, partners, or associates. In making such
determination with respect to a company, partnership, or association
not organized under the laws of this state, the superintendent shall
also consider whether the laws and regulations of its domicile
provide a degree of protection to the public and the holders of its
policies, annuities, and other contracts substantially equal to that
provided by this section

and any rules adopted by the superintendent pursuant to division (C)
of this section
.
If any such company is a subsidiary of, or affiliated through
management or ownership with, a life insurance company authorized to
do business in this state, the superintendent may consider the
requirements of this division to have been satisfied if either such
company or its parent or affiliated company meets such requirements.

(B)
No policy, annuity, or other contract described in division (A) of
this section and no certificate, application, endorsement, or rider
to be used in connection with any such policy, annuity, or other
contract shall be delivered, or issued for delivery, in this state
until a copy thereof has been filed with the superintendent. The
superintendent shall, within thirty days after the filing of any such
form, disapprove the same upon finding that such form contains
provisions that are unjust, unfair, inequitable, misleading, or
deceptive, encourage misrepresentation of the coverage, or are
contrary to the insurance laws of this state

or any rule adopted by the superintendent pursuant to division (C) of
this section
.
When the superintendent notifies a company, partnership, or
association that a form has been disapproved, it shall be unlawful
thereafter for the company, partnership, or association to issue or
use the form. In the notice, the superintendent shall specify the
reason for the disapproval and state that a hearing will be granted
in twenty days after request in writing. No such policy, contract,
certificate, application, endorsement, or rider shall be issued or
used until the expiration of thirty days after it has been so filed,
unless the superintendent gives written approval thereto. The
superintendent may, at any time after a hearing held not less than
twenty days after written notice to the insurer, withdraw the
approval of any such form on any ground set forth in this division.
The written notice of such hearing shall state the reason for the
proposed withdrawal. The company, partnership, or association shall
not issue the form or use it after the effective date of the
withdrawal. Any order or formal determination of the superintendent
under this division shall be subject to judicial review as provided
in section 119.12 of the Revised Code.

(C)
The superintendent shall have the sole and exclusive power and
authority to regulate the sale, delivery, and issuance for delivery
in this state of policies, annuities, and other contracts described
in division (A) of this section and, subject to Chapter 119. of the
Revised Code, to adopt, amend, and rescind rules
necessary
to discharge the superintendent's duties and exercise the
superintendent's power and authority under section 3907.15 of the
Revised Code and this section, including, but not limited to,
for

the adoption of a definition of a subsidiary or affiliated
corporation under section 3907.15 of the Revised Code.

(D)
Except for Chapter 3915. and except as otherwise provided in sections
3907.15 and 3911.011 of the Revised Code, all pertinent provisions of
Title XXXIX of the Revised Code apply to all policies, annuities, and
other contracts providing variable or fixed and variable benefits or
contractual payments and all separate accounts established in
connection therewith. The reserve liability for such policies,
annuities, and contracts shall be established in accordance with
actuarial procedures that recognize the variable nature of the
benefits and guarantees provided.

Chapter
1707. of the Revised Code does not apply to any policy, annuity, or
other contract providing fixed, variable, or fixed and variable
benefits or contractual payments, that is issued by any company,
partnership, or association authorized to transact the business of
life insurance in this state.

Sec.
3913.01.
Any
domestic stock life insurance corporation, incorporated under a
general law, may become a mutual life insurance corporation, and to
that end may carry out a plan for the acquisition of shares of its
capital stock, provided such plan:

(A)
Has been adopted by a vote of a majority of the directors of such
corporation;

(B)
Has been approved by a vote of stockholders representing a majority
of the capital stock then outstanding at a meeting of stockholders
called for the purpose;

(C)
Has been approved by a majority of the policyholders voting at a
meeting of policyholders called for the purpose, each of whom is
insured in a sum of at least one thousand dollars and whose insurance
shall then be in force and shall have been in force for at least one
year prior to such meeting.

As
used in this section, "policyholder" means the person
insured under an individual policy of life insurance, and the person
to whom any annuity or pure endowment is presently or prospectively
payable by the terms of an individual annuity or pure endowment
contract, except where the policy or contract declares some other
person to be the owner or holder thereof, in which case such owner or
policyholder shall be deemed the policyholder, and except in cases of
assignment. In the case of any individual policy or contract insuring
two or more persons jointly or in case the policy or contract
declares two or more persons to be the owner, the persons insured or
declared to be the owner are considered as one policyholder for the
purposes of this section. In case any such policy or contract has
been assigned by an assignment absolute on its face to an assignee
other than the corporation, and such assignment has been filed at the
principal office of the corporation at least thirty days prior to the
date of the meeting of policyholders, then such assignee shall be
deemed a policyholder. Except as provided in this section, an
assignee of a policy or contract shall not be deemed a policyholder.
The reference in division (C) of this section to insurance in the
amount of one thousand dollars or more is deemed to include any
annuity contract, the commuted value of which is one thousand dollars
or more on the date of said meeting, and any pure endowment contract
for the principal sum of one thousand dollars or more.

Notice
of the meeting of policyholders shall be given by mailing such notice
from the home office of the corporation at least thirty days prior to
such meeting in a sealed envelope, postage prepaid, addressed to such
policyholders at their last known post-office addresses, provided
that personal delivery of such written notice to any policyholder
evidenced by written receipt therefor may be substituted for mailing
the same. The meeting shall be otherwise provided for and conducted
in such manner as is provided in the mutualization plan, provided
that policyholders may vote in person, by proxy, or by mail, and that
all votes shall be cast by ballot on a uniform ballot furnished by
the corporation. The superintendent of insurance shall supervise and
direct the method and procedure of said meeting and shall appoint an
adequate number of inspectors to conduct the voting at said meeting
who may determine all questions concerning the verification of the
ballots, the ascertainment of the validity of such ballots, the
qualifications of the voters, and the canvass of the vote, and who
shall certify to the superintendent and to the corporation the result
of such proceedings, which shall be supervised by said inspectors

in accordance with such rules as are prescribed by the
superintendent
.
All necessary expenses incurred by the superintendent shall be paid
by the corporation, as certified to by the superintendent.

Before
such a plan can be carried out, it must be submitted to the
superintendent and must be approved by the superintendent in writing;
provided that every payment for the acquisition of any shares of the
capital stock of such corporation, the purchase price of which is not
fixed by such plan, shall be subject to the approval of the
superintendent, and provided that neither such plan, nor any such
payment, shall be approved by the superintendent unless at the time
of such approvals, respectively, the corporation, after deducting the
aggregate sum appropriated by such plan for the acquisition of any
part or all of its capital stock, and, in the case of any payment not
fixed by such plan and subject to separate approval by the
superintendent, after deducting also the amount of such payment,
shall be possessed of net assets of not less than two hundred
thousand dollars from which it shall maintain its deposit made
previously with the superintendent, and such assets shall be not less
than the entire liabilities of the corporation, including the net
values of its outstanding contracts computed according to the
standard adopted by the corporation under sections 3903.72 to
3903.7211 of the Revised Code and including all funds, contingent
reserves, and surplus, except for such surplus as has been
appropriated or paid under such plan.

Sec.
3915.073.
(A)
This section shall be known as the standard nonforfeiture law for
individual deferred annuities.

(B)
This section does not apply to any reinsurance, group annuity
purchased under a retirement plan or plan of deferred compensation
established or maintained by an employer, including a partnership or
sole proprietorship, or by an employee organization, or by both,
other than a plan providing individual retirement accounts or
individual retirement annuities under section 408 of the Internal
Revenue Code of 1954, 26 U.S.C.A. 408, as amended, premium deposit
fund, variable annuity, investment annuity, immediate annuity, any
deferred annuity contract after annuity payments have commenced, or
reversionary annuity, nor to any contract which is delivered outside
this state through an agent or other representative of the company
issuing the contract.

(C)
No contract of annuity, except as stated in division (B) of this
section, shall be delivered or issued for delivery in this state
unless the contract contains in substance the following provisions,
or corresponding provisions that in the opinion of the superintendent
of insurance are at least as favorable to the contract owners,
relative to the cessation of payment of consideration under the
contract:

(1)
That upon cessation of payment of considerations under a contract, or
upon the written request of the contract owner, the company shall
grant a paid-up annuity benefit on a plan stipulated in the contract
of such value as is specified in divisions (E), (F), (G), (H), and
(J) of this section;

(2)
If a contract provides for a lump sum settlement at maturity, or at
any other time, that upon surrender of the contract at or prior to
the commencement of any annuity payments, the company shall pay in
lieu of any paid-up annuity benefit a cash surrender benefit of such
amount as is specified in divisions (E), (F), (H), and (J) of this
section. The company may reserve the right to defer the payment of
such cash surrender benefit for a period not to exceed six months
after demand therefor with surrender of the contract. The deferral is
contingent upon the company's conveyance of a written request for the
deferral to the superintendent and the company's receipt of written
approval from the superintendent for the deferral. The request shall
address the necessity and equitability to all contract owners of the
deferral.

(3)
A statement of the mortality table, if any, and interest rates used
in calculating any minimum paid-up annuity, cash surrender, or death
benefits that are guaranteed under the contract, together with
sufficient information to determine the amounts of such benefits;

(4)
A statement that any paid-up annuity, cash surrender, or death
benefits that may be available under the contract are not less than
the minimum benefits required by any statute of the state in which
the contract is delivered and an explanation of the manner in which
such benefits are altered by the existence of any additional amounts
credited by the company to the contract, any indebtedness to the
company on the contract, or any prior withdrawals from or partial
surrenders of the contract.

Notwithstanding
the requirements of this section, any deferred annuity contract may
provide that if no considerations have been received under a contract
for a period of two full years and the portion of the paid-up annuity
benefit at maturity on the plan stipulated in the contract arising
from considerations paid prior to such period would be less than
twenty dollars monthly, the company may at its option terminate such
contract by payment in cash of the then present value of such portion
of the paid-up annuity benefit, calculated on the basis of the
mortality table, if any, and interest rate specified in the contract
for determining the paid-up annuity benefit, and by such payment
shall be relieved of any further obligation under such contract.

(D)
The minimum values as specified in divisions (E), (F), (G), (H), and
(J) of this section of any paid-up annuity, cash surrender, or death
benefits available under an annuity contract shall be based upon
minimum nonforfeiture amounts as defined in this division.

(1)(a)
The minimum nonforfeiture amount at any time at or prior to the
commencement of any annuity payments shall be equal to an
accumulation up to such time at rates of interest determined in
accordance with division (D)(2) of this section of the net
considerations, determined in accordance with division (D)(1)(b) of
this section, paid prior to such time, decreased by the sum of:

(i)
Any prior withdrawals from or partial surrenders of the contract,
accumulated at rates of interest determined in accordance with
division (D)(2) of this section;

(ii)
An annual contract charge of fifty dollars, accumulated at rates of
interest determined in accordance with division (D)(2) of this
section;

(iii)
Any premium tax paid by the company for the contract, accumulated at
rates of interest determined in accordance with division (D)(2) of
this section;

(iv)
The amount of any indebtedness to the company on the contract,
including interest due and accrued.

(b)
The net considerations for a given contract year used to define the
minimum nonforfeiture amount shall be an amount equal to eighty-seven
and one-half per cent of the gross considerations credited to the
contract during that contract year.

(2)(a)
The interest rate used in determining minimum nonforfeiture amounts
under divisions (D)(1) to (4) of this section shall be an annual rate
of interest determined as the lesser of three per cent per annum or
the following, which shall be specified in the contract if the
interest rate will be reset:

(i)
The five-year constant maturity treasury rate reported by the federal
reserve as of a date or an average over a period, rounded to the
nearest one-twentieth of one per cent, specified in the contract, no
longer than fifteen months prior to the contract issue date or the
redetermination date specified in division (D)(2)(b) of this section;

(ii)
Reduced by one hundred twenty-five basis points;

(iii)
Where the resulting interest rate shall not be less than fifteen
hundredths of one per cent.

(b)
The interest rate determined under division (D)(2)(a) of this section
shall apply for an initial period and may be redetermined for
additional periods. The redetermination date, basis and period, if
any, shall be stated in the contract. The basis is the date or
average over a specified period that produces the value of the
five-year constant maturity treasury rate to be used at each
redetermination date.

(3)
During the period or term that a contract provides substantive
participation in an equity-indexed benefit, the contract may provide
for an increase in the reduction described in division (D)(2)(a)(ii)
of this section by a maximum of one hundred basis points to reflect
the value of the equity-indexed benefit. The present value at the
contract issue date, and at each redetermination date thereafter, of
the additional reduction shall not exceed the market value of the
benefit. The superintendent may require a demonstration that the
present value of the additional reduction does not exceed the market
value of the benefit. If the demonstration is not acceptable to the
superintendent, the superintendent may disallow or limit the
additional reduction.

(4)
The superintendent may adopt rules to implement division (D)(3) of
this section and to provide for further adjustments to the
calculation of minimum nonforfeiture amounts for contracts that
provide substantive participation in an equity-indexed benefit and
for other contracts for which the superintendent determines
adjustments are justified.

(E)
Any paid-up annuity benefit available under a contract shall be such
that its present value on the date annuity payments are to commence
is at least equal to the minimum nonforfeiture amount on that date.
Such present value shall be computed using the mortality table, if
any, and the interest rate specified in the contract for determining
the minimum paid-up annuity benefits guaranteed in the contract.

(F)
For contracts which provide cash surrender benefits, such cash
surrender benefits available prior to maturity shall not be less than
the present value as of the date of surrender of that portion of the
maturity value of the paid-up annuity benefit that would be provided
under the contract at maturity arising from considerations paid prior
to the time of cash surrender reduced by the amount appropriate to
reflect any prior withdrawals from or partial surrenders of the
contract, such present value being calculated on the basis of an
interest rate not more than one per cent higher than the interest
rate specified in the contract for accumulating the net
considerations to determine such maturity value, decreased by the
amount of any indebtedness to the company on the contract, including
interest due and accrued, and increased by any existing additional
amounts credited by the company to the contract. In no event shall
any cash surrender benefit be less than the minimum nonforfeiture
amount at that time. The death benefit under such contracts shall be
at least equal to the cash surrender benefit.

(G)
For contracts that do not provide cash surrender benefits, the
present value of any paid-up annuity benefit available as a
nonforfeiture option at any time prior to maturity shall not be less
than the present value of that portion of the maturity value of the
paid-up annuity benefit provided under the contract arising from
considerations paid prior to the time the contract is surrendered in
exchange for, or changed to, a deferred paid-up annuity, such present
value being calculated for the period prior to the maturity date on
the basis of the interest rate specified in the contract for
accumulating the net considerations to determine such maturity value,
and increased by any existing additional amounts credited by the
company to the contract. For contracts that do not provide any death
benefits prior to the commencement of any annuity payments, such
present values shall be calculated on the basis of such interest rate
and the mortality table specified in the contract for determining the
maturity value of the paid-up annuity benefit. However, in no event
shall the present value of a paid-up annuity benefit be less than the
minimum nonforfeiture amount at that time.

(H)
For the purpose of determining the benefits calculated under
divisions (F) and (G) of this section, in the case of annuity
contracts under which an election may be made to have annuity
payments commence at optional maturity dates, the maturity date shall
be deemed to be the latest date for which election shall be permitted
by the contract, but shall not be deemed to be later than the
anniversary of the contract next following the annuitant's seventieth
birthday or the tenth anniversary of the contract, whichever is
later.

(I)
Any contract that does not provide cash surrender benefits or does
not provide death benefits at least equal to the minimum
nonforfeiture amount prior to the commencement of any annuity
payments shall include a statement in a prominent place in the
contract that such benefits are not provided.

(J)
Any paid-up annuity, cash surrender, or death benefits available at
any time, other than on the contract anniversary under any contract
with fixed scheduled considerations, shall be calculated with
allowance for the lapse of time and the payment of any scheduled
considerations beyond the beginning of the contract year in which
cessation of payment of considerations under the contract occurs.

(K)
For any contract that provides, within the same contract by rider or
supplemental contract provision, both annuity benefits and life
insurance benefits that are in excess of the greater of cash
surrender benefits or a return of the gross considerations with
interest, the minimum nonforfeiture benefit shall be equal to the sum
of the minimum nonforfeiture benefits for the annuity portion and the
minimum nonforfeiture benefits, if any, for the life insurance
portion computed as if each portion were a separate contract.
Notwithstanding the provisions of divisions (E), (F), (G), (H), and
(J) of this section, additional benefits payable:

(1)
In the event of total and permanent disability;

(2)
As reversionary annuity or deferred reversionary annuity benefits; or

(3)
As other policy benefits additional to life insurance, endowment and
annuity benefits, and considerations for all such additional benefits
shall be disregarded in ascertaining the minimum nonforfeiture
amounts, paid-up annuity, cash surrender, and death benefits that may
be required by this section.

The
inclusion of such additional benefits shall not be required in any
paid-up benefits, unless such additional benefits separately would
require minimum nonforfeiture amounts, paid-up annuity, cash
surrender, and death benefits.

(L)
The superintendent may adopt rules in accordance with Chapter 119. of
the Revised Code to implement this section.

Sec.
3915.09.
No
policy of life insurance shall be issued or delivered in this state,
or be issued by a life insurance company organized under the laws of
this state, if it contains any of the following:

(A)
A provision for forfeiture of the policy for failure to repay any
loan on the policy or to pay interest on such loan while the total
indebtedness on the policy is less than its loan value; or any
provision for forfeiture for failure to repay any such loan or to pay
interest thereon, unless such provision contains a stipulation that
no such forfeiture shall occur until at least one month after notice
has been mailed by the company to the last known address of the
insured and of the assignee;

(B)
A provision limiting to less than five years the time within which
any action at law or in equity may be commenced after the cause of
action accrues;

(C)
A provision for any mode of settlement at maturity of less value than
the amount insured on the face of the policy plus dividend additions,
less any indebtedness to the company on the policy, and less any
premium that may by the terms of the policy be deducted;

(D)
In a policy form filed under section 3915.14 of the Revised Code
after September 16, 1970, a provision that the policy will be
eligible to participate in any future distributions of earnings,
profits, or surplus of the company which are not allocated to all
participating policies by reasonable and nondiscriminatory standards;

(E)
A provision that the policy will be eligible to receive a
preferential benefit or advantage which will not be available to
policies purchased from the company at future dates or under other
circumstances, the effect of which is to discriminate against those
future policies
;

(F)
Any provision which is prohibited by a rule adopted by the
superintendent of insurance to clarify, construe, or implement any of
the prohibitions of divisions (A) to (E), inclusive, of this section
.

Sec.
3916.03.
(A)
Except as provided in division (H) of this section, an applicant for
a license as a viatical settlement provider or viatical settlement
broker shall submit an application for the license in a manner
prescribed by the superintendent of insurance. The application shall
be accompanied by a fee established by the superintendent by rule
adopted in accordance with Chapter 119. of the Revised Code.

(B)
A license issued under this chapter to a person other than an
individual authorizes all partners, officers, members, or designated
employees of the person to act as viatical settlement providers or
viatical settlement brokers, as applicable, and all those partners,
officers, members, or designated employees shall be named in the
application and any supplements to the application.

(C)
Except as provided in division (H) of this section, upon the filing
of an application under this section and the payment of the license
fee, the superintendent shall make an investigation of the applicant
and issue to the applicant a license that states in substance that
the person is authorized to act as a viatical settlement provider or
viatical settlement broker, as applicable, if all of the following
apply:

(1)
Regarding an application for a license as a viatical settlement
provider, the applicant provides all of the following:

(a)
A detailed plan of operation;

(b)
Proof of financial responsibility pursuant to division (D) of this
section;

(c)
A general description of the method the applicant will use to
determine life expectancies, including a description of the
applicant's intended receipt of life expectancies, the applicant's
intended use of life expectancies, the applicant's intended use of
life expectancy providers, and a written plan of policies and
procedures used to determine life expectancies.

(2)
The superintendent finds all of the following:

(a)
The applicant is competent and trustworthy and intends to act in good
faith in the capacity of a viatical settlement provider or viatical
settlement broker, as applicable.

(b)
The applicant has a good business reputation and has had experience,
training, or education so as to be qualified to act in the capacity
of a viatical settlement provider or viatical settlement broker, as
applicable.

(3)
If the applicant is a person other than an individual, the applicant
provides a certificate of good standing from the state of its
organization.

(4)
The applicant provides an antifraud plan that meets the requirements
of division (G) of section 3916.18 of the Revised Code.

(D)(1)
An applicant for licensure as a viatical settlement provider may
provide proof of financial responsibility through one of the
following means:

(a)
Submitting audited financial statements that show a minimum equity of
not less than two hundred fifty thousand dollars in cash or cash
equivalents;

(b)
Submitting both audited annual financial statements that show
positive equity and either of the following:

(i)
A surety bond in the amount of two hundred fifty thousand dollars in
favor of this state issued by an insurer authorized to issue surety
bonds in this state;

(ii)
An unconditional and irrevocable letter of credit, deposit of cash,
or securities, in any combination, in the aggregate amount of two
hundred fifty thousand dollars.

(2)
The superintendent may request proof of financial responsibility at
any time the superintendent considers necessary.

(E)
An applicant shall provide all information requested by the
superintendent. The superintendent may, at any time, require an
applicant to fully disclose the identity of all shareholders,
partners, officers, members, and employees, and may, in the exercise
of the superintendent's discretion, refuse to issue a license to an
applicant that is not an individual if the superintendent is not
satisfied that each officer, employee, shareholder, partner, or
member who may materially influence the applicant's conduct meets the
standards set forth in this chapter.

(F)
Except as otherwise provided in this division, a license as a
viatical settlement provider or viatical settlement broker expires on
the last day of March next after its issuance or continuance. A
license as a viatical settlement provider or viatical settlement
broker may, in the discretion of the superintendent and the payment
of an annual renewal fee established by the superintendent by rule
adopted in accordance with Chapter 119. of the Revised Code, be
continued past the last day of March next after its issue and after
the last day of March in each succeeding year. Failure to pay the
renewal fee by the required date results in the expiration of the
license.

(G)
Any individual licensed as a viatical settlement broker shall
complete not less than fifteen hours of continuing education
biennially. The superintendent shall approve continuing education
courses that shall be related to viatical settlements and viatical
settlement transactions.
The
superintendent shall adopt rules for the enforcement of this
division.

(H)
The superintendent shall issue a license to an applicant who is
licensed in another state or has satisfactory work experience, a
government certification, or a private certification as described in
Chapter 4796. of the Revised Code as a viatical settlement provider
or viatical settlement broker in a state that does not issue that
license in accordance with that chapter, if either of the following
applies:

(1)
The applicant files and maintains a written designation of an agent
for service of process with the superintendent.

(2)
The applicant has filed with the superintendent the applicant's
written irrevocable consent that any action against the applicant may
be commenced against the applicant by service of process on the
superintendent.

(I)
A viatical settlement provider or viatical settlement broker shall
provide to the superintendent new or revised information regarding
any change in its officers, any shareholder owning ten per cent or
more of its voting securities, or its partners, directors, members,
or designated employees within thirty days of the change.

(J)
Any fee collected under this section shall be paid into the state
treasury to the credit of the department of insurance operating fund
created by section 3901.021 of the Revised Code.

Sec.
3916.05.
(A)
A person shall not use a viatical settlement contract form or provide
a disclosure statement form to a viator in this state unless the
viatical settlement contract form or the disclosure statement form is
filed with and approved by the superintendent of insurance. The
superintendent shall disapprove a viatical settlement contract form
or a disclosure statement form if, in the superintendent's opinion,
the viatical settlement contract form, the disclosure statement form,
or any provision contained therein fails to meet the requirements of
section 3916.06 of the Revised Code, is unreasonable, is contrary to
the interests of the public, or is otherwise misleading or unfair to
the viator. At the superintendent's discretion, the superintendent
may require the submission of advertising material to which section
3916.17 of the Revised Code applies. If not disapproved by the
superintendent, a filing made pursuant to this section shall be
considered approved forty-five days after the contract form,
disclosure form, or advertising material is filed.

(B)
Any insurance company that issues life insurance policies in this
state shall include questions in its life insurance applications that
are reasonably structured to identify and prevent stranger-originated
life insurance.
The
superintendent shall adopt rules under Chapter 119. of the Revised
Code for the implementation of this section. Each insurer shall file
with the superintendent copies of its amended applications for life
insurance within twelve months following the effective date of the
superintendent's adoption of rules pursuant to this division.

(C)
The superintendent may adopt rules in accordance with Chapter 119. of
the Revised Code to establish reasonable fees for any service or
transaction performed by the department of insurance pursuant to
division (A) of this section. Any fee collected pursuant to those
rules shall be paid into the state treasury to the credit of the
department of insurance operating fund created by section 3901.021 of
the Revised Code.

Sec.
3916.20.
The
superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code
for
purposes of implementing this chapter, including, but not limited to,
rules
that
do the following:

(A)
Govern the relationship and responsibilities of insurers, viatical
settlement providers, and viatical settlement brokers during the
viatication of a policy.

(B)
Establish standards for evaluating the reasonableness of payments
under viatical settlement contracts for persons who are terminally or
chronically ill. This authority includes, but is not limited to, the
regulation of discount rates used to determine the amount paid in
exchange for the assignment, release, transfer, sale, devise, or
bequest of a benefit under a policy insuring persons who are
terminally or chronically ill.

(C)
Establish appropriate licensing requirements, fees, and standards for
continued licensure for viatical settlement providers and viatical
settlement brokers.

Sec.
3918.12.
The
superintendent may, in accordance with section 119.03 of the Revised
Code, adopt such rules and regulations as he

deems
appropriate, for the enforcement of sections 3918.01 to 3918.11 of
the Revised Code.

Whenever the superintendent finds that there has been a violation of
sections 3918.01 to 3918.13 of the Revised Code or any rules or
regulations adopted pursuant thereto, and after written notice
thereof and hearing given to the insurer or other person authorized
or licensed by the superintendent,
he

the superintendent

shall set forth the details of
his

the superintendent's

findings together with an order for compliance by a specified date.
Such order shall be binding on the insurer and other person
authorized or licensed by the superintendent on the date specified
unless sooner withdrawn by the superintendent or a stay thereof has
been ordered by a court of competent jurisdiction.

Sec.
3923.041.
(A)
As used in this section:

(1)
"Chronic condition" means a medical condition that has
persisted after reasonable efforts have been made to relieve or cure
its cause and has continued, either continuously or episodically, for
longer than six continuous months.

(2)
"Clinical peer" means a health care practitioner in the
same or in a similar, specialty that typically manages the medical
condition, procedure, or treatment under review.

(3)
"Covered person" means a person receiving coverage for
health services under a policy of sickness and accident insurance or
a public employee benefit plan.

(4)
"Emergency service" has the same meaning as in section
1753.28 of the Revised Code.

(5)
"Fraudulent or materially incorrect information" means any
type of intentional deception or misrepresentation made by a person
with the knowledge that the deception could result in some
unauthorized benefit to the covered person in question.

(6)
"Health care practitioner" has the same meaning as in
section 3701.74 of the Revised Code.

(7)
"NCPDP SCRIPT standard" means the national council for
prescription drug programs SCRIPT standard version 201310 or the most
recent standard adopted by the United States department of health and
human services.

(8)
"Prior authorization requirement" means any practice
implemented by either a sickness and accident insurer or a public
employee benefit plan in which coverage of a health care service,
device, or drug is dependent upon a covered person or a health care
practitioner obtaining approval from the insurer or plan prior to the
service, device, or drug being performed, received, or prescribed, as
applicable. "Prior authorization" includes prospective or
utilization review procedures conducted prior to providing a health
care service, device, or drug.

(9)
"Urgent care services" means a medical care or other
service for a condition where application of the timeframe for making
routine or non-life threatening care determinations is either of the
following:

(a)
Could seriously jeopardize the life, health, or safety of the patient
or others due to the patient's psychological state;

(b)
In the opinion of a practitioner with knowledge of the patient's
medical or behavioral condition, would subject the patient to adverse
health consequences without the care or treatment that is the subject
of the request.

(10)
"Utilization review" and "utilization review
organization" have the same meanings as in section 1751.77 of
the Revised Code.

(B)
If a policy issued by a sickness and accident insurer or a public
employee benefit plan contains a prior authorization requirement,
then all of the following apply:

(1)
For policies issued on or after January 1, 2018, the insurer or plan
shall permit health care practitioners to access the prior
authorization form through the applicable electronic software system.

(2)(a)
For policies issued on or after January 1, 2018, the insurer or plan,
or other payer acting on behalf of the insurer or plan, to accept
prior authorization requests through a secure electronic
transmission.

(b)
For policies issued on or after January 1, 2018, the insurer or plan,
a pharmacy benefit manager responsible for handling prior
authorization requests, or other payer acting on behalf of the
insurer or plan shall accept and respond to prior prescription
benefit authorization requests through a secure electronic
transmission using NCPDP SCRIPT standard ePA transactions, and for
prior medical benefit authorization requests through a secure
electronic transmission using standards established by the council
for affordable quality health care on operating rules for information
exchange or its successor.

(c)
For purposes of division (B)(2) of this section, neither of the
following shall be considered a secure electronic transmission:

(i)
A facsimile;

(ii)
A proprietary payer portal for prescription drug requests that does
not use NCPDP SCRIPT standard.

(3)
For policies issued on or after January 1, 2018, a health care
practitioner and an insurer or plan may enter into a contractual
arrangement under which the insurer or plan agrees to process prior
authorization requests that are not submitted electronically because
of the financial hardship that electronic submission of prior
authorization requests would create for the health care practitioner
or if internet connectivity is limited or unavailable where the
health care practitioner is located.

(4)(a)
For policies issued on or after January 1, 2018, if the health care
practitioner submits the request for prior authorization
electronically as described in divisions (B)(1) and (2) of this
section, the insurer or plan shall respond to all prior authorization
requests within forty-eight hours for urgent care services, or ten
calendar days for any prior authorization request that is not for an
urgent care service, of the time the request is received by the
insurer or plan. Division (B)(4) of this section does not apply to
emergency services.

(b)
The response required under division (B)(4)(a) of this section shall
indicate whether the request is approved or denied. If the prior
authorization is denied, the insurer or plan shall provide the
specific reason for the denial.

(c)
If the prior authorization request is incomplete, the insurer or plan
shall indicate the specific additional information that is required
to process the request.

(5)(a)
For policies issued on or after January 1, 2018, if a health care
practitioner submits a prior authorization request as described in
divisions (B)(1) and (2) of this section, the insurer or plan shall
provide an electronic receipt to the health care practitioner
acknowledging that the prior authorization request was received.

(b)
For policies issued on or after January 1, 2018, if an issuer or plan
requests additional information that is required to process a prior
authorization request as described in division (B)(4)(c) of this
section, the health care practitioner shall provide an electronic
receipt to the issuer or plan acknowledging that the request for
additional information was received.

(6)(a)
For policies issued on or after January 1, 2017, for a prior approval
related to a chronic condition, the insurer or plan shall honor a
prior authorization approval for an approved drug for the lesser of
the following from the date of the approval:

(i)
Twelve months;

(ii)
The last day of the covered person's eligibility under the policy or
plan.

(b)
The duration of all other prior authorization approvals shall be
dictated by the policy or plan.

(c)
An insurer or plan, in relation to prior approval under division
(B)(6)(a) of this section, may require a health care practitioner to
submit information to the insurer or plan indicating that the
patient's chronic condition has not changed.

(i)
The request for information by the insurer or plan and the response
by the health care practitioner shall be in an electronic format,
which may be by electronic mail or other electronic communication.

(ii)
The frequency of the submission of requested information shall be
consistent with medical or scientific evidence, as defined in section
3922.01 of the Revised Code, but shall not be required more
frequently than quarterly.

(iii)
If the health care practitioner does not respond within five calendar
days from the date the request was received, the insurer or plan may
terminate the twelve-month approval.

(d)
A twelve-month approval provided under division (B)(6)(a) of this
section is no longer valid and automatically terminates if there are
changes to federal or state laws or federal regulatory guidance or
compliance information prescribing that the drug in question is no
longer approved or safe for the intended purpose.

(e)
A twelve-month approval provided under division (B)(6)(a) of this
section does not apply to and is not required for any of the
following:

(i)
Medications that are prescribed for a non-maintenance condition;

(ii)
Medications that have a typical treatment of less than one year;

(iii)
Medications that require an initial trial period to determine
effectiveness and tolerability, beyond which a one-year, or greater,
prior authorization period will be given;

(iv)
Medications where there is medical or scientific evidence as defined
in section 3922.01 of the Revised Code that do not support a
twelve-month prior approval;

(v)
Medications that are a schedule I or II controlled substance or any
opioid analgesic or benzodiazepine, as defined in section 3719.01 of
the Revised Code;

(vi)
Medications that are not prescribed by an in-network provider as part
of the care management program.

(7)
For policies issued on or after January 1, 2017, an insurer or plan
may, but is not required to, provide the twelve-month approval
prescribed in division (B)(6)(a) of this section for a prescription
drug that meets either of the following:

(a)
The drug is prescribed or administered to treat a rare medical
condition and pursuant to medical or scientific evidence as defined
in section 3922.01 of the Revised Code.

(b)
Medications that are controlled substances not included in division
(B)(6)(e)(v) of this section.

For
purposes of division (B)(7) of this section, "rare medical
condition" means any disease or condition that affects fewer
than two hundred thousand individuals in the United States.

(8)
Nothing in division (B)(6) or (7) of this section prohibits the
substitution, in accordance with section 4729.38 of the Revised Code,
of any drug that has received a twelve-month approval under division
(B)(6)(a) of this section when there is a release of either of the
following:

(a)
A United States food and drug administration approved comparable
brand product or a generic counterpart of a brand product that is
listed as therapeutically equivalent in the United States food and
drug administration's publication titled approved drug products with
therapeutic equivalence evaluations;

(b)
An interchangeable biological product, as defined in section 3715.01
of the Revised Code.

(9)(a)
For policies issued on or after January 1, 2017, upon written
request, an insurer or plan shall permit a retrospective review for a
claim that is submitted for a service where prior authorization was
required but not obtained if the service in question meets all of the
following:

(i)
The service is directly related to another service for which prior
approval has already been obtained and that has already been
performed.

(ii)
The new service was not known to be needed at the time the original
prior authorized service was performed.

(iii)
The need for the new service was revealed at the time the original
authorized service was performed.

(b)
Once the written request and all necessary information is received,
the insurer or plan shall review the claim for coverage and medical
necessity. The insurer or plan shall not deny a claim for such a new
service based solely on the fact that a prior authorization approval
was not received for the new service in question.

(10)(a)
For policies issued on or after January 1, 2017, the insurer or plan
shall disclose to all participating health care practitioners any new
prior authorization requirement at least thirty days prior to the
effective date of the new requirement.

(b)
The notice may be sent via electronic mail or standard mail and shall
be conspicuously entitled "Notice of Changes to Prior
Authorization Requirements." The notice is not required to
contain a complete listing of all changes made to the prior
authorization requirements, but shall include specific information on
where the health care practitioner may locate the information on the
insurer or plan's web site or, if applicable, the insurer's or plan's
portal.

(c)
All participating health care practitioners shall promptly notify the
insurer or plan of any changes to the health care practitioner's
electronic mail or standard mail address.

(11)(a)
For policies issued on or after January 1, 2017, the insurer or plan
shall make available to all participating health care practitioners
on its web site or provider portal a listing of its prior
authorization requirements, including specific information or
documentation that a practitioner must submit in order for the prior
authorization request to be considered complete.

(b)
The insurer or plan shall make available on its web site information
about the policies, contracts, or agreements offered by the insurer
or plan that clearly identifies specific services, drugs, or devices
to which a prior authorization requirement exists.

(12)
For policies issued on or after January 1, 2018, the insurer or plan
shall establish a streamlined appeal process relating to adverse
prior authorization determinations that shall include all of the
following:

(a)
For urgent care services, the appeal shall be considered within
forty-eight hours after the insurer or plan receives the appeal.

(b)
For all other matters, the appeal shall be considered within ten
calendar days after the insurer or plan receives the appeal.

(c)
The appeal shall be between the health care practitioner requesting
the service in question and a clinical peer.

(d)
If the appeal does not resolve the disagreement, either the covered
person or an authorized representative as defined in section 3922.01
of the Revised Code may request an external review under Chapter
3922. of the Revised Code to the extent Chapter 3922. of the Revised
Code is applicable.

(C)
For policies issued on or after January 1, 2017, except in cases of
fraudulent or materially incorrect information, an insurer or plan
shall not retroactively deny a prior authorization for a health care
service, drug, or device when all of the following are met:

(1)
The health care practitioner submits a prior authorization request to
the insurer or plan for a health care service, drug, or device;

(2)
The insurer or plan approves the prior authorization request after
determining that all of the following are true:

(a)
The patient is eligible under the health benefit plan.

(b)
The health care service, drug, or device is covered under the
patient's health benefit plan.

(c)
The health care service, drug, or device meets the insurer's or
plan's standards for medical necessity and prior authorization.

(3)
The health care practitioner renders the health care service, drug,
or device pursuant to the approved prior authorization request and
all of the terms and conditions of the health care practitioner's
contract with the insurer or plan;

(4)
On the date the health care practitioner renders the prior approved
health care service, drug, or device, all of the following are true:

(a)
The patient is eligible under the health benefit plan.

(b)
The patient's condition or circumstances related to the patient's
care has not changed.

(c)
The health care practitioner submits an accurate claim that matches
the information submitted by the health care practitioner in the
approved prior authorization request.

(5)
If the health care practitioner submits a claim that includes an
unintentional error and the error results in a claim that does not
match the information originally submitted by the health care
practitioner in the approved prior authorization request, upon
receiving a denial of services from the insurer or plan, the health
care practitioner may resubmit the claim pursuant to division (C) of
this section with the information that matches the information
included in the approved prior authorization.

(D)
Any provision of a contractual arrangement entered into between an
insurer or plan and a health care practitioner or beneficiary that is
contrary to divisions (A) to (C) of this section is unenforceable.

(E)
For policies issued on or after January 1, 2017, committing a series
of violations of this section that, taken together, constitute a
practice or pattern shall be considered an unfair and deceptive
practice under sections 3901.19 to 3901.26 of the Revised Code.

(F)

The
superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code as necessary to implement the
provisions of this section.

(G)

This
section does not apply to any of the following types of coverage: a
policy, contract, certificate, or agreement that covers only a
specified accident, accident only, credit, dental, disability income,
long-term care, hospital indemnity, supplemental coverage as
described in section 3923.37 of the Revised Code, specified disease,
or vision care; a dental benefit that is offered as a part of a
policy of sickness and accident insurance or a public employee
benefit plan; coverage issued as a supplement to liability insurance;
insurance arising out of workers' compensation or similar law;
automobile medical payment insurance; insurance under which benefits
are payable with or without regard to fault and which is statutorily
required to be contained in any liability insurance policy or
equivalent self-insurance; a medicare supplement policy of insurance
as defined by the superintendent of insurance by rule; coverage under
a plan through medicare or the federal employees benefit program; or
any coverage issued under Chapter 55 of Title 10 of the United States
Code and any coverage issued as a supplement to that coverage.

Sec.
3923.332.
(A)
No medicare supplement policy or certificate in force in this state
shall contain benefits that duplicate benefits provided by medicare.

(B)
Notwithstanding section 3923.04 of the Revised Code or any other
provision of law of this state, a medicare supplement policy or
certificate shall not exclude or limit benefits for losses incurred
more than six months from the effective date of coverage because it
involved a preexisting condition. The policy or certificate shall not
define a preexisting condition more restrictively than a condition
for which medical advice was given or treatment was recommended by or
received from a physician within six months before the effective date
of coverage.

(C)
The superintendent of insurance shall adopt reasonable rules

described in divisions (C)(1) to (9) of this section

to establish specific standards for policy provisions of medicare
supplement policies and certificates. The standards shall be in
addition to and in accordance with applicable laws of this state,
including sections 3923.03 to 3923.09 of the Revised Code. No
requirement in Title XVII or XXXIX of the Revised Code relating to
minimum required policy benefits, other than the minimum standards
contained in section 3923.33 and sections 3923.331 to 3923.339 of the
Revised Code, shall apply to medicare supplement policies and
certificates. The standards may cover
,
but are not limited to

the following
:

(1)
Terms of renewability;

(2)
Initial and subsequent conditions of eligibility;

(3)
Nonduplication of coverage;

(4)
Probationary periods;

(5)
Benefit limitations, exceptions, and reductions;

(6)
Elimination periods;

(7)
Requirements for replacement;

(8)
Recurrent conditions; and

(9)
Definitions of terms.

(D)

The
superintendent shall adopt reasonable rules to establish minimum
standards for benefits, claims payment, advertising and marketing
practices and compensation arrangements, and reporting practices, for
medicare supplement policies and certificates.

(E)

The superintendent may adopt from time to time
such
reasonable
the
following
rules
as are necessary to conform medicare supplement policies and
certificates to the requirements of federal law and regulations
promulgated thereunder
,
including but not limited to
:

(1)
Requiring refunds or credits if the policies or certificates do not
meet loss ratio requirements;

(2)
Establishing a uniform methodology for calculating and reporting loss
ratios;

(3)
Assuring public access to policies, premiums, and loss ratio
information of issuers of medicare supplement insurance;

(4)
Establishing a process for approving or disapproving policy forms and
certificate forms and proposed premium increases;

(5)
Establishing a policy for holding public hearings prior to approval
of premium increases; and

(6)
Establishing standards for medicare select policies and certificates.

(F)
The superintendent may adopt reasonable rules that specify prohibited
policy provisions not otherwise specifically authorized by any
provision in the Revised Code that, in the opinion of the
superintendent, are unjust, unfair, or unfairly discriminatory to any
person insured or proposed to be insured under a medicare supplement
policy or certificate.

Sec.
3924.49.
(A)
If a parent of a child is required by a court or administrative order
to provide health insurance coverage for the child, which coverage is
available through an employer doing business in this state, the
employer shall do all of the following:

(1)
If the child is otherwise eligible for the family coverage, permit
the parent to enroll the child under the coverage without regard to
any enrollment period restrictions;

(2)
If the parent is enrolled under the coverage but fails to make
application to obtain coverage for the child, enroll the child under
the family coverage upon application of the child's other parent or
pursuant to a child support order containing provisions in compliance
with sections 3119.29 to 3119.56 of the Revised Code;

(3)
Withhold from the employee's compensation the employee's share of
premiums for the health care coverage, if any, and pay that amount to
the health insurer providing the coverage;

(4)
Comply with the requirements of sections 3119.36 to 3119.364 and
3119.42 of the Revised Code

and any rules adopted by the department of job and family services
under section 3119.51 of the Revised Code
.

(B)
The employer shall not terminate the child's coverage unless the
employer has eliminated family coverage for all of its employees or
unless the employer is provided satisfactory written evidence of
either of the following:

(1)
The court or administrative order is no longer in effect.

(2)
The child is or will be enrolled under comparable health care
coverage that will take effect not later than the effective date of
the termination of the current coverage.

(C)
As used in this section, "child support order" has the same
meaning as in section 3119.01 of the Revised Code.

Sec.
3924.72.
The
superintendent of insurance shall prepare and periodically revise a
brochure that clearly and concisely explains the operation of medical
savings accounts authorized under sections 3924.61 to 3924.74 of the
Revised Code, and that describes how an employer's or individual's
use of a medical savings account may affect the employer's or
individual's purchase of policies, plans, and contracts of health
coverage. The superintendent shall make the brochure available, upon
request, to consumers, insurers, and other third-party payers.
The
superintendent may adopt rules in accordance with Chapter 119. of the
Revised Code to implement this section.

Sec.
3929.44.
(A)
Any person having an insurable interest in real property or tangible
personal property, or both, at a fixed location, who has been unable
to obtain basic property insurance or homeowners insurance may apply
to the Ohio fair plan underwriting association.

(B)
The association may engage an inspection bureau or other organization
to assist in collection of information necessary to underwrite risk
for basic property insurance or homeowners insurance.

(C)
The association, if it finds the property to be insurable by meeting
the reasonable underwriting standards contained in the plan of
operation approved by the superintendent of insurance, shall cause a
policy or binder of basic property insurance or homeowners insurance
to be issued to the applicant upon payment of the premium.

(D)
As part of an application for a policy of basic property insurance or
homeowners insurance, an applicant shall
,

in
accordance with procedures and requirements set forth in rules
promulgated by the superintendent,

certify at least two insurance companies had been contacted and from
whom coverage was not available.

(E)
As a condition of the issuance of a binder or policy of basic
property insurance or homeowners insurance, an applicant shall
,
in accordance with procedures and requirements set forth in rules
promulgated by the superintendent,

certify to the association that there are no outstanding taxes,
assessments, penalties, or charges with respect to the property to be
insured.

(F)
An applicant shall
,
in accordance with rules promulgated by the superintendent,

certify to the association whether or not the applicant has received
written notice from an authorized public entity stating that the
applicant's property is in violation of any building, housing, air
pollution, sanitation, health, fire, or safety code, ordinance, or
rule. If the applicant has received such written notice of any such
violation, the applicant shall also submit to the association a
detailed plan that indicates the manner and estimated period of time
in which such violations will be corrected. If the association is
satisfied that the violations are subject to correction within a
reasonable period of time and that the applicant otherwise meets the
requirements of this section, it may cause a policy or binder of
basic property insurance or homeowners insurance to be issued to the
applicant on the condition that the plan be implemented on schedule.
The form of the plan submitted by the applicant
and
the manner in which this division is implemented
shall
be in accordance with rules promulgated by the superintendent.
Nothing in this division shall be construed to make the association
responsible for the detection of any violation of a code, ordinance,
or rule of the type described in this division.

Sec.
3935.10.
The
superintendent of insurance shall promulgate
rules
and
statistical
plans, reasonably adopted to each of the rating systems on file with

him

the superintendent
,
which may be modified from time to time and which shall be used
thereafter by each insurer in the recording and reporting of its loss
and country-wide expense experience, in order that the experience of
all insurers may be made available at least annually in such form and
detail as is necessary to aid the superintendent in determining
whether rating systems comply with the standards set forth in section
3935.03 of the Revised Code.

Such
The
superintendent of insurance may promulgate
rules
and
statistical

plans

may
also
that

provide
for the recording and reporting of expense experience items which are
specially applicable to this state and which are not susceptible of
determination by a prorating of country-wide expense experience. In
promulgating such rules and plans, the superintendent shall give due
consideration to the rating systems on file with
him

the superintendent

and, in order that such rules and plans may be as uniform as is
practicable among the several states, to the rules and to the form of
the plans used for such rating systems in other states. No insurer
need record or report its loss experience on a classification basis
that is inconsistent with the rating system filed by it. The
superintendent may designate one or more rating bureaus or other
agencies to assist
him

the superintendent

in gathering such experience and making compilations thereof, and
such compilations shall be made available
,
subject to reasonable rules promulgated by the superintendent,

to insurers and rating bureaus.

Reasonable
rules and plans may be promulgated by the superintendent for the
interchange of data necessary for the application of rating plans.

In
order to further uniform administration of rate regulatory laws, the
superintendent and every insurer and rating bureau may exchange
information and experience data with insurance supervisory officials,
insurers, and rating bureaus in other states and may consult with
them with respect to rate making and the application of rating
systems.

The
superintendent may make reasonable rules and regulations necessary to
effectuate sections 3935.01 to 3935.17, inclusive, of the Revised
Code.

Sections
119.01 to 119.13
,
inclusive,

of the Revised Code are applicable to the rule-making functions of
the superintendent under sections 3935.01 to 3935.17
,
inclusive,

of the Revised Code, including appeals from the order of the
superintendent in adopting, amending, or rescinding rules.

Sec.
3937.43.
(A)
As used in this section:

(1)
"Automobile insurance policies" has the same meaning as in
section 3937.30 of the Revised Code.

(2)
"Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless trolleys on highways or streets or that regulates size or
load limitations or fitness requirements of vehicles. "Moving
violation" does not include the violation of any statute or
ordinance that regulates pedestrians or the parking of vehicles.

(3)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.

(B)
Every rating plan or schedule of rates for automobile insurance
policies that is filed with the superintendent of insurance shall
provide for an appropriate reduction in premium charges for any
insured or applicant for insurance under the following conditions:

(1)
The applicant or insured is sixty years of age or older;

(2)
The applicant or insured successfully completes a motor vehicle
accident prevention course, which includes classroom instruction and
the passing of an examination in accordance with both of the
following:

(a)
The department of public safety shall approve the course and the
examination. However, the department shall not approve any
correspondence course or any other course that does not provide
classroom instruction.

(b)
The examination shall include an actual demonstration of the
applicant's or insured's ability to exercise ordinary and reasonable
control in the operation of a motor vehicle.

(3)
The applicant or insured submits to the insurer a certificate that is
issued by the sponsor of the motor vehicle accident prevention course
and attests to the successful completion of the course by the
applicant or insured;

(4)
The insurer may consider the driving record of the applicant or
insured in accordance with divisions (C) and (D) of this section.

(C)
In determining whether to grant a reduction in premium charges in
accordance with this section, the insurer may consider the driving
record of the insured or applicant for a three-year period prior to
the successful completion of a motor vehicle accident prevention
course.

(D)(1)
Subject to division (D)(2) of this section, every reduction in
premium charges granted in accordance with this section shall be
effective for an insured for a three-year period after each
successful completion of a motor vehicle accident prevention course.

(2)
As a condition of maintaining a reduction in premium charges granted
in accordance with this section, an insurer may require that the
insured, during the three-year period for which the reduction has
been granted, neither be involved in an accident for which the
insured is primarily at fault, nor be convicted of more than one
moving violation.

(E)
A reduction in premium charges granted in accordance with this
section shall not become effective until the first full term of
coverage following the successful completion of a motor vehicle
accident prevention course in accordance with division (B) of this
section.

(F)

The
director of the department of public safety shall adopt rules in
accordance with Chapter 119. of the Revised Code that are necessary
to carry out the duties of the department under this section.

(G)

This
section does not apply to any automobile insurance policy issued
under an assigned risk plan pursuant to section 4509.70 of the
Revised Code.

(H)
(G)

This section does not apply to circumstances in which the motor
vehicle accident prevention course is required by a court as a
condition of a community control sanction imposed for a moving
violation.

Sec.
3953.32.
(A)
At the time an order is placed with a title insurance company for
issuance of a title insurance policy, the title insurance company or
the title insurance agent shall offer closing or settlement
protection to the lender, borrower, and seller of the property, and
to any applicant for title insurance.

(B)
The closing or settlement protection offered pursuant to this section
shall indemnify any lender, borrower, seller, and applicant that has
requested the protection, both individually and collectively, against
the loss of settlement funds resulting from any of the following acts
of the title insurance company's named title insurance agent or
anyone acting on the agent's behalf:

(1)
Theft, misappropriation, fraud, or any other failure to properly
disburse settlement, closing, or escrow funds;

(2)
Failure to comply with any applicable written closing instructions,
when agreed to by the title insurance agent.

(C)
The issuance of closing or settlement protection by a title insurance
company pursuant to division (A) of this section is part of the
business of title insurance for purposes of Chapter 3953. of the
Revised Code.

(D)
Except as provided in division (A) of this section, a title insurance
company shall not offer or issue any coverage purporting to indemnify
against a person's improper acts or omissions in connection with
escrow, settlement, or closing services.

(E)
The superintendent of insurance may adopt rules in accordance with
Chapter 119. of the Revised Code
as
the superintendent considers necessary to carry out the purposes of
this section, including, but not limited to, rules that detail

detailing

the
specific language that must be included in the written document
offering closing or settlement protection as provided for in division
(A) of this section.

Sec.
3956.10.
(A)(1)
(A)

The Ohio life and health insurance guaranty association shall submit
to the superintendent of insurance a plan of operation and any
amendments to the plan necessary or suitable to ensure the fair,
reasonable, and equitable administration of the association. The plan
of operation and any amendments shall become effective upon the
written approval of the superintendent, or unless the superintendent
has not disapproved it within thirty days.

(2)
If the association fails to submit a suitable plan of operation
within six months following November 20, 1989, or if at any time
after that date the association fails to submit suitable amendments
to the plan, the superintendent, after notice and hearing, shall
adopt reasonable rules that are necessary or advisable to effectuate
the provisions of this chapter. The rules shall continue in force
until modified by the superintendent or superseded by a plan
submitted by the association and approved by the superintendent.

(B)
All member insurers shall comply with the plan of operation.

(C)
In addition to requirements enumerated elsewhere in this chapter, the
plan of operation shall do the following:

(1)
Establish procedures for handling the assets of the association;

(2)
Establish the amount and method of reimbursing members of the board
of directors under section 3956.07 of the Revised Code;

(3)
Establish regular places and times for meetings, including but not
limited to telephone conference calls, of the board of directors;

(4)
Establish procedures for records to be kept of all financial
transactions of the association, its agents, and the board of
directors;

(5)
Establish the procedures whereby selections for the board of
directors will be made and submitted to the superintendent;

(6)
Establish any additional procedures for assessments under section
3956.09 of the Revised Code, including, but not limited to,
allocating sums raised by assessments when two or more insolvencies
occur in the same calendar year that are subject to the two per cent
calendar year assessment limitation;

(7)
Contain additional provisions necessary or proper for the execution
of the powers and duties of the association.

(D)
The plan of operation may provide that any or all powers and duties
of the association, except those under division (N)(3) of section
3956.08 and section 3956.09 of the Revised Code, are delegated to a
corporation, association, or other organization that performs or will
perform functions similar to those of the association, or its
equivalent, in two or more states. The corporation, association, or
organization shall be reimbursed for any payments made on behalf of
the association, and shall be paid for its performance of any
function of the association. A delegation under this division shall
take effect only with the approval of both the board of directors and
the superintendent, and may be made only to a corporation,
association, or organization that extends protection not
substantially less favorable and effective than that provided by this
chapter.

Sec.
3959.04.
(A)
Administrators may be tested and shall be licensed by the
superintendent of insurance

in accordance with rules adopted by the superintendent
.

(B)
An administrator who has been licensed or certified by the state of
the administrator's domicile under a statute or rule similar to
sections 3959.01 to 3959.16 of the Revised Code shall, upon
application, be licensed without testing, provided the state of
domicile recognizes and grants licenses to administrators of this
state who have obtained licenses under such sections.

Sec.
3959.111.
(A)(1)(a)
In each contract between a pharmacy benefit manager and a pharmacy,
the pharmacy shall be given the right to obtain from the pharmacy
benefit manager, within ten days after any request, a current list of
the sources used to determine maximum allowable cost pricing. In each
contract between a pharmacy benefit manager and a pharmacy, the
pharmacy benefit manager shall be obligated to update and implement
the pricing information at least every seven days and provide a means
by which contracted pharmacies may promptly review maximum allowable
cost pricing updates in an electronic format that is readily
available, accessible, and secure and that can be easily searched.

Subject
to division (A)(1) of this section, a pharmacy benefit manager shall
utilize the most up-to-date pricing data when calculating drug
product reimbursements for all contracting pharmacies within one
business day of any price update or modification.

(b)
A pharmacy benefit manager shall maintain a written procedure to
eliminate products from the list of drugs subject to maximum
allowable cost pricing in a timely manner. The written procedure, and
any updates, shall promptly be made available to a pharmacy upon
request.

(2)
In each contract between a pharmacy benefit manager and a pharmacy, a
pharmacy benefit manager shall be obligated to ensure that all of the
following conditions are met prior to placing a prescription drug on
a maximum allowable cost list:

(a)
The drug is listed as "A" or "B" rated in the
most recent version of the United States food and drug
administration's approved drug products with therapeutic equivalence
evaluations, or has an "NR" or "NA" rating or
similar rating by nationally recognized reference.

(b)
The drug is generally available for purchase by pharmacies in this
state from a national or regional wholesaler and is not obsolete.

(3)
Each contract between a pharmacy benefit manager and a pharmacy shall
include an electronic process to appeal, investigate, and resolve
disputes regarding maximum allowable cost pricing that includes all
of the following:

(a)
A twenty-one-day limit on the right to appeal following the initial
claim;

(b)
A requirement that the appeal be investigated and resolved within
twenty-one days after the appeal;

(c)
A telephone number at which the pharmacy may contact the pharmacy
benefit manager to speak to a person responsible for processing
appeals;

(d)
A requirement that a pharmacy benefit manager provide a reason for
any appeal denial, including the national drug code and the identity
of the national or regional wholesalers from whom the drug was
generally available for purchase at or below the benchmark price
determined by the pharmacy benefit manager;

(e)
A requirement that if the appeal is upheld or granted, then the
pharmacy benefit manager shall adjust the drug product reimbursement
to the pharmacy's upheld appeal price;

(f)
A requirement that a pharmacy benefit manager make an adjustment not
later than one day after the date of determination of the appeal. The
adjustment shall be retroactive to the date the appeal was made and
shall apply to all situated pharmacies as determined by the pharmacy
benefit manager. This requirement does not prohibit a pharmacy
benefit manager from retroactively adjusting a claim for the
appealing pharmacy or for any other similarly situated pharmacies.

(B)(1)(a)
A pharmacy benefit manager shall disclose to the plan sponsor whether
or not the pharmacy benefit manager uses the same maximum allowable
cost list when billing a plan sponsor as it does when reimbursing a
pharmacy.

(b)
If a pharmacy benefit manager uses multiple maximum allowable cost
lists, the pharmacy benefit manager shall disclose in the aggregate
to a plan sponsor any differences between the amount paid to a
pharmacy and the amount charged to a plan sponsor.

(2)
The disclosures required under division (B)(1) of this section shall
be made within ten days of a pharmacy benefit manager and a plan
sponsor signing a contract or on a quarterly basis.

(3)(a)
Division (B) of this section does not apply to plans governed by the
"Employee Retirement Income Security Act of 1974," 29
U.S.C. 1001, et seq. or medicare part D.

(b)
As used in this division, "medicare part D" means the
voluntary prescription drug benefit program established under Part D
of Title XVIII of the "Social Security Act," 42 U.S.C.
1395w-101, et seq.

(C)
Notwithstanding division (B)(5) of section 3959.01 of the Revised
Code, a health insuring corporation or a sickness and accident
insurer shall comply with the requirements of this section and is
subject to the penalties under section 3959.12 of the Revised Code if
the corporation or insurer is a pharmacy benefit manager, as defined
in section 3959.01 of the Revised Code.

(D)
The superintendent of insurance shall adopt rules as necessary to
implement the requirements of this section.

Sec.
3959.12.
(A)
Any license issued under sections 3959.01 to 3959.16 of the Revised
Code may be suspended for a period not to exceed two years, revoked,
or not renewed by the superintendent of insurance after notice to the
licensee and hearing in accordance with Chapter 119. of the Revised
Code. The superintendent may suspend, revoke, or refuse to renew a
license if upon investigation and proof the superintendent finds that
the licensee has done any of the following:

(1)
Knowingly violated any provision of sections 3959.01 to 3959.16 or
3959.20 of the Revised Code

or any rule promulgated by the superintendent
;

(2)
Knowingly made a material misstatement in the application for the
license;

(3)
Obtained or attempted to obtain a license through misrepresentation
or fraud;

(4)
Misappropriated or converted to the licensee's own use or improperly
withheld insurance company premiums or contributions held in a
fiduciary capacity, excluding, however, any interest earnings
received by the administrator as disclosed in writing by the
administrator to the plan sponsor;

(5)
In the transaction of business under the license, used fraudulent,
coercive, or dishonest practices;

(6)
Failed to appear without reasonable cause or excuse in response to a
subpoena, examination, warrant, or other order lawfully issued by the
superintendent;

(7)
Is affiliated with or under the same general management or
interlocking directorate or ownership of another administrator that
transacts business in this state and is not licensed under sections
3959.01 to 3959.16 of the Revised Code;

(8)
Had a license suspended, revoked, or not renewed in any other state,
district, territory, or province on grounds identical to those stated
in sections 3959.01 to 3959.16 of the Revised Code;

(9)
Been convicted of a financially related felony;

(10)
Failed to report a felony conviction as required under section
3959.13 of the Revised Code.

(B)
Upon receipt of notice of the order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code, the licensee shall
promptly deliver the license to the superintendent, unless the order
of suspension is appealed under section 119.12 of the Revised Code.

(C)
Any person whose license is revoked or whose application is denied
pursuant to sections 3959.01 to 3959.16 of the Revised Code is
ineligible to apply for an administrators license for two years.

(D)
The superintendent may impose a monetary fine against a licensee if,
upon investigation and after notice and opportunity for hearing in
accordance with Chapter 119. of the Revised Code, the superintendent
finds that the licensee has done either of the following:

(1)
Committed fraud or engaged in any illegal or dishonest activity in
connection with the administration of pharmacy benefit management
services;

(2)
Violated any provision of section 3959.111 of the Revised Code

or any rule adopted by the superintendent pursuant to or to implement
that section
.

Sec.
3961.01.
As
used in sections 3961.01 to
3961.09

3961.08

of
the Revised Code:

(A)(1)
"Discount medical plan" means a business arrangement or
contract in which a person, in exchange for fees, dues, charges, or
other consideration, offers access to members to providers of medical
services and the right to receive discounted medical services from
those providers.

(2)
"Discount medical plan" does not include any of the
following:

(a)
A plan that does not require a membership or charge a fee to use the
plan's medical card;

(b)
A plan that offers discounts for only pharmaceutical supplies or
prescription drugs, or both, and no other medical services;

(c)
A plan offered by a sickness and accident insurer that is regulated
under Title XXXIX of the Revised Code, a health insuring corporation
that is regulated under Title XVII of the Revised Code, or an
affiliate of such insurer or corporation if the insurer, corporation,
or affiliate discloses in writing in not less than twelve-point type
on any applications, advertisements, marketing materials, and
brochures describing the plan that the plan is not insurance.

(B)(1)
"Discount medical plan organization" or "organization"
means a person who does business in this state; offers to members
access to providers of medical services and the right to receive
discounted medical services from those providers; contracts with
providers, provider networks, or other discount medical plan
organizations to offer discounted medical services to members; and
determines the fee members pay to participate in the plan.

(2)
"Discount medical plan organization" does not include a
sickness and accident insurer that is regulated under Title XXXIX of
the Revised Code or a health insuring corporation that is regulated
under Title XVII of the Revised Code.

(C)
"Facility" means an institution where medical services are
performed, including, but not limited to, a hospital or other
licensed inpatient center; ambulatory surgical or treatment center;
skilled nursing center; residential treatment center; rehabilitation
center; diagnostic, laboratory, and imaging center; and any other
health care setting.

(D)
"Health care professional" means a physician or other
health care provider who is licensed, accredited, certified, or
otherwise authorized to perform specified medical services within the
scope of the person's license, accreditation, certification, or other
authorization and performs medical services consistent with the laws
of this state.

(E)(1)
"Marketer" means a person or entity who markets, promotes,
sells, or distributes a discount medical plan, including, but not
limited to, a private label entity that places its name on and
markets or distributes a discount medical plan pursuant to a written
agreement with a discount medical plan organization described under
section 3961.03 of the Revised Code.

(2)
"Marketer" does not mean a sickness and accident insurer
that is regulated under Title XXXIX of the Revised Code, a health
insuring corporation that is regulated under Title XVII of the
Revised Code, or an affiliate of such insurer or corporation if the
insurer, corporation, or affiliate discloses in writing in not less
than twelve-point type on any applications, advertisements, marketing
materials, and brochures describing the plan that the plan is not
insurance.

(F)
"Medical services" means any maintenance care of the human
body; preventative care for the human body; or care, service, or
treatment of an illness or dysfunction of, or injury to, the human
body. "Medical services" includes, but is not limited to,
physician care, inpatient care, hospital surgical services, emergency
services, ambulance services, dental care services, vision care
services, pharmaceutical supplies, prescription drugs, mental health
services, substance abuse services, chiropractic services, podiatric
services, laboratory services, and medical equipment and supplies.

(G)
"Member" means any individual who pays fees, dues, charges,
or other consideration to a discount medical plan organization for
access to providers of medical services and the right to receive the
benefits of a discount medical plan.

(H)
"Person" means an individual, corporation, partnership,
association, joint venture, joint stock company, trust,
unincorporated organization, any similar entity, or any combination
of these entities.

(I)
"Provider" means any health care professional or facility
that has contracted, directly or indirectly, with a discount medical
plan organization to offer discounted medical services to members.

(J)
"Provider agreement" means any agreement entered into
between a discount medical plan organization and a provider or
provider network to offer discounted medical services to members as
described in section 3961.02 of the Revised Code.

(K)
"Provider network" means a person that negotiates, directly
or indirectly, with a discount medical plan organization on behalf of
more than one provider to offer discounted medical services to
members.

Sec.
3961.05.
A
discount medical plan organization shall not do any of the following:

(A)
Except when otherwise permitted in sections 3961.01 to
3961.09

3961.08

of
the Revised Code, as a disclaimer of any relationship between
discount medical plan benefits and insurance, or in a description of
an insurance product connected with a discount medical plan, use the
term "insurance" in the organization's advertisements,
marketing material, brochures, or discount medical plan cards.

(B)
Use in the organization's advertisements, marketing material,
brochures, or discount medical plan cards the terms "health
plan," "coverage," "benefits," "copay,"
"copayments," "deductible," "pre-existing
conditions," "guaranteed issue," "premium,"
"PPO," "preferred provider organization," or any
other terms in a manner that could mislead a person into believing
that the discount medical plan is health insurance.

(C)
Make misleading, deceptive, or fraudulent statements or
representations regarding the terms or benefits of the discount
medical plan, including, but not limited to, statements or
representations regarding discounts, range of discounts, or access to
those discounts offered under the discount medical plan.

(D)
Except for hospital services, have restrictions on access to discount
medical plan providers, including, but not limited to, waiting and
notification periods.

(E)
Pay providers fees for medical services or collect or accept money
from a member to pay a provider for medical services received under
the discount medical plan.

Sec.
3961.08.
(A)
No person shall fail to comply with sections 3961.01 to
3961.09

3961.08

of
the Revised Code. If the superintendent of insurance determines that
any person has violated sections 3961.01 to 3961.07 of the Revised
Code, the superintendent may take one or more of the following
actions:

(1)
Assess a civil penalty in an amount not to exceed twenty-five
thousand dollars per violation if the person knew or should have
known of the violation;

(2)
Assess administrative costs to cover the expenses incurred in the
administrative action, including, but not limited to, expenses
incurred in the investigation and hearing process. Costs collected
under this division shall be paid into the state treasury to the
credit of the department of insurance operating fund created in
section 3901.021 of the Revised Code.

(3)
Order corrective actions in lieu of or in addition to the other
penalties described in this section, including, but not limited to,
suspending civil penalties if a discount medical plan organization
complies with the terms of the corrective action order;

(4)
Order restitution to members.

(B)(1)
Before imposing a penalty under division (A) of this section, the
superintendent shall give a discount medical plan organization notice
and opportunity for hearing as described in Chapter 119. of the
Revised Code.

(2)
Notices regarding the scheduling of hearings and all other notices
for which Chapter 119. of the Revised Code does not require a
particular type of service shall be sent by ordinary mail to the
party and the party's attorney.

(3)
A subpoena or subpoena duces tecum from the superintendent or the
superintendent's designee or attorney to a witness for appearance at
a hearing, for the production of documents or other evidence, or for
taking testimony for use at a hearing shall be served by certified
mail, return receipt requested. The subpoenas described in this
division shall be enforced in the manner described in section 119.09
of the Revised Code. Nothing in this division shall be construed to
limit the superintendent's other statutory powers to issue subpoenas.

(C)(1)
If a violation of sections 3961.01 to 3961.07 of the Revised Code has
caused, is causing, or is about to cause substantial and material
harm, the superintendent may issue a cease-and-desist order requiring
a person to cease and desist from engaging in a violation.

(2)
The superintendent shall, immediately after issuing an order pursuant
to division (C)(1) of this section, serve notice of the order by
certified mail, return receipt requested, or by any other manner
described in division (B) of this section to the person subject to
the order and all other persons involved in the violation. The notice
shall specify the particular act, omission, practice, or transaction
that is the subject of the order and set a date, not more than
fifteen days after the date the order was issued, for a hearing on
the continuation or revocation of the order. The person subject to
the order shall comply with the order immediately upon receiving the
order. After an order is issued pursuant to division (C)(1) of this
section, the superintendent may publicize and notify all interested
parties that a cease-and-desist order was issued.

(3)
Upon application by the person subject to the order and for good
cause, the superintendent may continue the hearing date described in
division (C)(2) of this section. Chapter 119. of the Revised Code
applies to the hearing on the order to the extent that the chapter
does not conflict with the procedures described in this section. The
superintendent shall, within fifteen days after objections are
submitted concerning the hearing officer's report and
recommendations, issue a final order either confirming or revoking
the cease-and-desist order described in division (C)(1) of this
section. The final order may be appealed as described in section
119.12 of the Revised Code.

(4)
The remedy described in division (C) of this section is cumulative
and concurrent with other remedies available under this section.

(D)
If the superintendent has reasonable cause to believe that an order
issued pursuant to this section has been violated in whole or in
part, the superintendent may request the attorney general to commence
any appropriate action against the violator. In an action described
in this division, a court may impose any of the following penalties:

(1)
A civil penalty of not more than twenty-five thousand dollars per
violation;

(2)
Injunctive relief;

(3)
Restitution;

(4)
Any other appropriate relief.

(E)
The superintendent shall deposit any penalties assessed under
division (A)(1) or (D) of this section into the state treasury to the
credit of the department of insurance operating fund created in
section 3901.021 of the Revised Code.

Sec.
3963.02.
(A)(1)
No contracting entity shall sell, rent, or give a third party the
contracting entity's rights to a participating provider's services
pursuant to the contracting entity's health care contract with the
participating provider unless one of the following applies:

(a)
The third party accessing the participating provider's services under
the health care contract is an employer or other entity providing
coverage for health care services to its employees or members, and
that employer or entity has a contract with the contracting entity or
its affiliate for the administration or processing of claims for
payment for services provided pursuant to the health care contract
with the participating provider.

(b)
The third party accessing the participating provider's services under
the health care contract either is an affiliate or subsidiary of the
contracting entity or is providing administrative services to, or
receiving administrative services from, the contracting entity or an
affiliate or subsidiary of the contracting entity.

(c)
The health care contract specifically provides that it applies to
network rental arrangements and states that one purpose of the
contract is selling, renting, or giving the contracting entity's
rights to the services of the participating provider, including other
preferred provider organizations, and the third party accessing the
participating provider's services is any of the following:

(i)
A payer or a third-party administrator or other entity responsible
for administering claims on behalf of the payer;

(ii)
A preferred provider organization or preferred provider network that
receives access to the participating provider's services pursuant to
an arrangement with the preferred provider organization or preferred
provider network in a contract with the participating provider that
is in compliance with division (A)(1)(c) of this section, and is
required to comply with all of the terms, conditions, and affirmative
obligations to which the originally contracted primary participating
provider network is bound under its contract with the participating
provider, including, but not limited to, obligations concerning
patient steerage and the timeliness and manner of reimbursement.

(iii)
An entity that is engaged in the business of providing electronic
claims transport between the contracting entity and the payer or
third-party administrator and complies with all of the applicable
terms, conditions, and affirmative obligations of the contracting
entity's contract with the participating provider including, but not
limited to, obligations concerning patient steerage and the
timeliness and manner of reimbursement.

(2)
The contracting entity that sells, rents, or gives the contracting
entity's rights to the participating provider's services pursuant to
the contracting entity's health care contract with the participating
provider as provided in division (A)(1) of this section shall do both
of the following:

(a)
Maintain a web page that contains a listing of third parties
described in divisions (A)(1)(b) and (c) of this section with whom a
contracting entity contracts for the purpose of selling, renting, or
giving the contracting entity's rights to the services of
participating providers that is updated at least every six months and
is accessible to all participating providers, or maintain a toll-free
telephone number accessible to all participating providers by means
of which participating providers may access the same listing of third
parties;

(b)
Require that the third party accessing the participating provider's
services through the participating provider's health care contract is
obligated to comply with all of the applicable terms and conditions
of the contract, including, but not limited to, the products for
which the participating provider has agreed to provide services,
except that a payer receiving administrative services from the
contracting entity or its affiliate shall be solely responsible for
payment to the participating provider.

(3)
Any information disclosed to a participating provider under this
section shall be considered proprietary and shall not be distributed
by the participating provider.

(4)
Except as provided in division (A)(1) of this section, no entity
shall sell, rent, or give a contracting entity's rights to the
participating provider's services pursuant to a health care contract.

(B)(1)
No contracting entity shall require, as a condition of contracting
with the contracting entity, that a participating provider provide
services for all of the products offered by the contracting entity.

(2)
Division (B)(1) of this section shall not be construed to do any of
the following:

(a)
Prohibit any participating provider from voluntarily accepting an
offer by a contracting entity to provide health care services under
all of the contracting entity's products;

(b)
Prohibit any contracting entity from offering any financial incentive
or other form of consideration specified in the health care contract
for a participating provider to provide health care services under
all of the contracting entity's products;

(c)
Require any contracting entity to contract with a participating
provider to provide health care services for less than all of the
contracting entity's products if the contracting entity does not wish
to do so.

(3)(a)
Notwithstanding division (B)(2) of this section, no contracting
entity shall require, as a condition of contracting with the
contracting entity, that the participating provider accept any future
product offering that the contracting entity makes.

(b)
If a participating provider refuses to accept any future product
offering that the contracting entity makes, the contracting entity
may terminate the health care contract based on the participating
provider's refusal upon written notice to the participating provider
no sooner than one hundred eighty days after the refusal.

(4)
Once the contracting entity and the participating provider have
signed the health care contract, it is presumed that the financial
incentive or other form of consideration that is specified in the
health care contract pursuant to division (B)(2)(b) of this section
is the financial incentive or other form of consideration that was
offered by the contracting entity to induce the participating
provider to enter into the contract.

(C)
No contracting entity shall require, as a condition of contracting
with the contracting entity, that a participating provider waive or
forgo any right or benefit expressly conferred upon a participating
provider by state or federal law. However, this division does not
prohibit a contracting entity from restricting a participating
provider's scope of practice for the services to be provided under
the contract.

(D)
No health care contract shall do any of the following:

(1)
Prohibit any participating provider from entering into a health care
contract with any other contracting entity;

(2)
Prohibit any contracting entity from entering into a health care
contract with any other provider;

(3)
Preclude its use or disclosure for the purpose of enforcing this
chapter or other state or federal law, except that a health care
contract may require that appropriate measures be taken to preserve
the confidentiality of any proprietary or trade-secret information.

(E)(1)
No contract or agreement between a contracting entity and a vision
care provider shall do any of the following:

(a)
Require that a vision care provider accept as payment an amount set
by the contracting entity for vision care services or vision care
materials provided to an enrollee unless the services or materials
are covered vision services.

(i)
Notwithstanding division (E)(1)(a) of this section, a vision care
provider may, in a contract with a contracting entity, choose to
accept as payment an amount set by the contracting entity for vision
care services or vision care materials provided to an enrollee that
are not covered vision services.

(ii)
No contract between a vision care provider and a contracting entity
to provide covered vision services or vision care materials shall be
contingent on whether the vision care provider has entered into an
agreement addressing noncovered vision services pursuant to division
(E)(1)(a)(i) of this section.

(iii)
A contracting entity may communicate to its enrollees which vision
care providers choose to accept as payment an amount set by the
contracting entity for vision care services or vision care materials
provided to an enrollee that are not covered vision services pursuant
to division (E)(1)(a)(i) of this section. Any communication to this
effect shall treat all vision care providers equally in provider
directories, provider locators, and other marketing materials as
participating, in-network providers, annotated only as to their
decision to accept payment pursuant to division (E)(1)(a)(i) of this
section.

(b)
Require that a vision care provider contract with a plan offering
supplemental or specialty health care services as a condition of
contracting with a plan offering basic health care services;

(c)
Directly limit a vision care provider's choice of sources and
suppliers of vision care materials;

(d)
Include a provision that prohibits a vision care provider from
describing out-of-network options to an enrollee in accordance with
division (E)(2) of this section.

The
provisions of divisions (E)(1)(a) to (d) of this section shall be
effective for contracts entered into, amended, or renewed on or after
January 1, 2019.

(2)
A vision care provider recommending an out-of-network source or
supplier of vision care materials to an enrollee shall notify the
enrollee in writing that the source or supplier is out-of-network and
shall inform the enrollee of the cost of those materials. The vision
care provider shall also disclose in writing to an enrollee any
business interest the provider has in a recommended out-of-network
source or supplier utilized by the enrollee.

(3)
A vision care provider who chooses not to accept as payment an amount
set by a contracting entity for vision care services or vision care
materials that are not covered vision services shall do both of the
following:

(a)
Upon the request of an enrollee seeking vision care services or
vision care materials that are not covered vision services, provide
to the enrollee pricing and reimbursement information, including all
of the following:

(i)
The estimated fee or discounted price suggested by the contracting
entity for the noncovered service or material;

(ii)
The estimated fee charged by the vision care provider for the
noncovered service or material;

(iii)
The amount the vision care provider expects to be reimbursed by the
contracting entity for the noncovered service or material;

(iv)
The estimated pricing and reimbursement information for any covered
services or materials that are also expected to be provided during
the enrollee's visit.

(b)
Post, in a conspicuous place, a notice stating the following:

"IMPORTANT:
This vision care provider does not accept the fee schedule set by
your insurer for vision care services and vision care materials that
are not covered benefits under your plan and instead charges his or
her normal fee for those services and materials. This vision care
provider will provide you with an estimated cost for each non-covered
service or material upon your request."

(4)
Nothing in division (E) of this section shall do any of the
following:

(a)
Restrict or limit a contracting entity's determination of specific
amounts of coverage or reimbursement for the use of network or
out-of-network sources or suppliers of vision care materials as set
forth in an enrollee's benefit plan;

(b)
Restrict or limit a contracting entity's ability to enter into an
agreement with another contracting entity or an affiliate of another
contracting entity;

(c)
Restrict or limit a health care plan's ability to enter into an
agreement with a vision care plan to deliver routine vision care
services that are covered under an enrollee's plan;

(d)
Restrict or limit a vision care plan network from acting as a network
for a health care plan;

(e)
Prohibit a contracting entity from requiring participating vision
care providers to offer network sources or suppliers of vision care
materials to enrollees;

(f)
Prohibit an enrollee from utilizing a network source or supplier of
vision care materials as set forth in an enrollee's plan;

(g)
Prohibit a participating vision care provider from accepting as
payment an amount that is the same as the amount set by the
contracting entity for vision care services or vision care materials
that are not covered vision services.

(F)(1)
No contract or agreement between a contracting entity and a dental
care provider shall do any of the following:

(a)
Require that a dental care provider accept as payment an amount set
by the contracting entity for dental care services provided to an
enrollee unless the services are covered dental services.

(i)
Notwithstanding division (F)(1)(a) of this section, a dental care
provider may, in a contract with a contracting entity, choose to
accept as payment an amount set by the contracting entity for dental
care services provided to an enrollee that are not covered dental
services.

(ii)
No contract between a dental care provider and a contracting entity
to provide covered dental services shall be contingent on whether the
dental care provider has entered into an agreement addressing
noncovered dental services pursuant to division (F)(1)(a)(i) of this
section.

(iii)
A contracting entity may communicate to its enrollees which dental
care providers choose to accept as payment an amount set by the
contracting entity for dental care services provided to an enrollee
that are not covered dental services pursuant to division
(F)(1)(a)(i) of this section. Any communication to this effect shall
treat all dental care providers equally in provider directories,
provider locators, and other marketing materials as participating,
in-network providers, annotated only as to their decision to accept
payment pursuant to division (F)(1)(a)(i) of this section.

(b)
Require that a dental care provider contract with a plan offering
supplemental or specialty health care services as a condition of
contracting with a plan offering basic health care services.

The
provisions of divisions (F)(1)(a) and (b) of this section apply to
contracts entered into, amended, or renewed on or after January 1,
2025.

(2)
A dental care provider who chooses not to accept as payment an amount
set by a contracting entity for dental care services that are not
covered dental services shall do both of the following:

(a)
Provide to an enrollee seeking dental care services that are not
covered dental services pricing and reimbursement information,
including all of the following:

(i)
The estimated fee or discounted price suggested by the contracting
entity for the noncovered service;

(ii)
The estimated fee charged by the dental care provider for the
noncovered service;

(iii)
The amount the dental care provider expects to be reimbursed by the
contracting entity for the noncovered service;

(iv)
The estimated pricing and reimbursement information for any covered
services that are also expected to be provided during the enrollee's
visit.

(b)
Post, in a conspicuous place, a notice stating the following:

"IMPORTANT:
This dental care provider does not accept the fee schedule set by
your insurer for dental care services that are not covered benefits
under your plan and instead charges his or her normal fee for those
services. This dental care provider will provide you with an
estimated cost for each noncovered service."

(3)
Nothing in division (F) of this section shall do any of the
following:

(a)
Restrict or limit a contracting entity's ability to enter into an
agreement with another contracting entity or an affiliate of another
contracting entity;

(b)
Restrict or limit a health care plan's ability to enter into an
agreement with a dental care plan to deliver routine dental care
services that are covered under an enrollee's plan;

(c)
Restrict or limit a dental care plan network from acting as a network
for a health care plan;

(d)
Prohibit a participating dental care provider from accepting as
payment an amount that is the same as the amount set by the
contracting entity for dental care services that are not covered
dental services.

(G)(1)
In addition to any other lawful reasons for terminating a health care
contract, a health care contract may only be terminated under the
circumstances described in division (A)(3) of section 3963.04 of the
Revised Code.

(2)
If the health care contract provides for termination for cause by
either party, the health care contract shall state the reasons that
may be used for termination for cause, which terms shall be
reasonable. Once the contracting entity and the participating
provider have signed the health care contract, it is presumed that
the reasons stated in the health care contract for termination for
cause by either party are reasonable. Subject to division (G)(3) of
this section, the health care contract shall state the time by which
the parties must provide notice of termination for cause and to whom
the parties shall give the notice.

(3)
Nothing in divisions (G)(1) and (2) of this section shall be
construed as prohibiting any health insuring corporation from
terminating a participating provider's contract for any of the causes
described in divisions (A), (D), and (F)(1) and (2) of section
1753.09 of the Revised Code. Notwithstanding any provision in a
health care contract pursuant to division (G)(2) of this section,
section 1753.09 of the Revised Code applies to the termination of a
participating provider's contract for any of the causes described in
divisions (A), (D), and (F)(1) and (2) of section 1753.09 of the
Revised Code.

(4)
Subject to sections 3963.01 to 3963.11 of the Revised Code, nothing
in this section prohibits the termination of a health care contract
without cause if the health care contract otherwise provides for
termination without cause.

(5)
Nothing in division (G) of this section shall be construed to expand
the regulatory authority of the superintendent to vision care
providers or dental care providers.

(H)(1)
Disputes among parties to a health care contract that only concern
the enforcement of the contract rights conferred by section 3963.02,
divisions (A) and (D) of section 3963.03, and section 3963.04 of the
Revised Code are subject to a mutually agreed upon arbitration
mechanism that is binding on all parties. The arbitrator may award
reasonable attorney's fees and costs for arbitration relating to the
enforcement of this section to the prevailing party.

(2)
The arbitrator shall make the arbitrator's decision in an arbitration
proceeding having due regard for any applicable
rules,

bulletins,
rulings, or decisions issued by the department of insurance or any
court concerning the enforcement of the contract rights conferred by
section 3963.02, divisions (A) and (D) of section 3963.03, and
section 3963.04 of the Revised Code.

(3)
A party shall not simultaneously maintain an arbitration proceeding
as described in division (H)(1) of this section and pursue a
complaint with the superintendent of insurance to investigate the
subject matter of the arbitration proceeding. However, if a complaint
is filed with the department of insurance, the superintendent may
choose to investigate the complaint or, after reviewing the
complaint, advise the complainant to proceed with arbitration to
resolve the complaint. The superintendent may request to receive a
copy of the results of the arbitration. If the superintendent of
insurance notifies an insurer or a health insuring corporation in
writing that the superintendent has initiated a market conduct
examination into the specific subject matter of the arbitration
proceeding pending against that insurer or health insuring
corporation, the arbitration proceeding shall be stayed at the
request of the insurer or health insuring corporation pending the
outcome of the market conduct investigation by the superintendent.

Sec.
3964.07.
(A)
A captive insurance company shall not be required to make any annual
report except as required by this section.

(B)(1)
The chief financial officer and at least one additional executive
officer of a captive insurance company, or a majority of the
directors of a captive insurance company annually, on the first day
of January, or within sixty days thereafter prepare under oath and
deposit in the office of the superintendent, a statement showing the
financial condition of the captive insurance company on the
thirty-first day of the December next preceding. An actuarial opinion
from a qualified actuary regarding the adequacy of the company's
required reserves to make full provision for the company's
liabilities, insured or reinsured, shall be included in this
statement. The qualified actuary shall submit a memorandum to the
superintendent detailing the support for that opinion.

(2)
All captive insurance companies shall have an annual audit by an
independent certified public accountant and shall file an audited
financial report with the superintendent on or before the first day
of June as a supplement to the annual statement required under
division (B)(1) of this section.

(C)
Each captive insurance company shall report using generally accepted
accounting principles, unless the superintendent requires, approves,
or accepts the use of statutory accounting principles or other
comprehensive basis accounting, any appropriate, necessary
modifications or adaptations required or approved or accepted by the
superintendent for each type of insurance or kind of insurance
company that makes such a report, and as supplemented by additional
information required by the superintendent.

(D)
Captive insurance companies shall prepare, at a minimum, internal
quarterly financial statements. These statements shall be made
available upon request to the superintendent.

(E)
The superintendent shall adopt by rule the prescribed forms,
instructions, and manuals by which captive insurance companies shall
make the reports required under this section, as the superintendent
considers necessary.

(F)
Division (H) of section 3964.03 of the Revised Code shall apply to
each report filed under this section.

(G)(1)
Special purpose financial captive insurance companies are subject to
sections 3903.81 to
3903.93

3903.92

of
the Revised Code.

(2)(a)
Notwithstanding division (G)(1) of this section, the superintendent
shall establish an acceptable total capital and surplus requirement
for a special purpose financial captive insurance company that is
permitted by the superintendent to use an alternative reserve basis
pursuant to division (E)(2) of section 3964.03 of the Revised Code if
there is an inherent inconsistency between the approved alternative
reserve basis and sections 3903.81 to
3903.93

3903.92

of
the Revised Code.

(b)
The total capital and surplus requirement as established by the
superintendent shall be determined in accordance with a minimum
required total capital and surplus methodology that meets both of the
following:

(i)
Is consistent with current risk-based capital principles;

(ii)
Takes into account all material risks and obligations, as well as the
assets, of the special purpose financial captive insurance company.

Sec.
3964.19.
(A)
As used in sections 3964.19 to 3964.194 of the Revised Code:

(1)
"Counterparty" means a special purpose financial captive
insurance company's parent or an affiliated entity that is an insurer
domiciled in this state that cedes life insurance risks to the
special purpose financial captive insurance company pursuant to a
special purpose financial captive insurance company contract.

(2)
"Insolvency" or "insolvent" means that the
special purpose financial captive insurance company is unable to pay
its obligations when they are due, unless those obligations are the
subject of a bona fide dispute.

(3)
"Insurance securitization" means a package of related risk
transfer instruments, capital market offerings, and facilitating
administrative agreements, for which a special purpose financial
captive insurance company obtains proceeds, either directly or
indirectly, through the issuance of securities, where the investment
risk to the holders of the securities is contingent upon the
obligations of the special purpose financial captive insurance
company to the counterparty under the special purpose financial
captive insurance company contract, in accordance with the
transaction terms, and pursuant to this section. This includes
situations where the securitization proceeds are held in trust to
secure the obligations of the special purpose financial captive
insurance company under one or more special purpose financial captive
insurance company contracts.

(4)
"Organizational document" means the special purpose
financial captive insurance company's articles of incorporation,
bylaws, code of regulations, operating agreement, or other
foundational documents that establish the special purpose financial
captive insurance company as a legal entity.

(5)
"Securities" means debt obligations, equity investments,
surplus certificates, surplus notes, funding agreements, derivatives,
and other legal forms of financial instruments.

(6)
"Special purpose financial captive insurance company contract"
means a contract between a special purpose financial captive
insurance company and a counterparty pursuant to which the special
purpose financial captive insurance company agrees to provide
insurance or reinsurance protection to the counterparty for risks
associated with the counterparty's insurance or reinsurance business,
and includes a contract entered into under division (F) of this
section.

(7)
"Special purpose financial captive insurance company securities"
means the securities issued by a special purpose financial captive
insurance company.

(B)
The requirements of this section shall not apply to a specific
special purpose financial captive insurance company if the
superintendent finds a specific requirement is inappropriate due to
the nature of the risks to be insured by the special purpose
financial captive insurance company and if the special purpose
financial captive insurance company meets the criteria established by

rules
and regulations adopted and promulgated by
the
superintendent.

(C)(1)
A special purpose financial captive insurance company may not issue a
contract for assumption of risk or indemnification of loss other than
a special purpose financial captive insurance company contract.
However, the special purpose financial captive insurance company may
cede a risk assumed through a special purpose financial captive
insurance company contract to a third-party reinsurer through the
purchase of reinsurance or retrocession protection if approved by the
superintendent.

(2)
A special purpose financial captive insurance company may enter into
contracts and conduct other commercial activities related or
incidental to and necessary to fulfill the purposes of special
purpose financial captive insurance company contracts, insurance
securitization, and this section. Those activities may include:

(a)
Entering into special purpose financial captive insurance company
contracts;

(b)
Issuing securities of the special purpose financial captive insurance
company in accordance with applicable securities law;

(c)
Complying with the terms of special purpose financial captive
insurance company contracts or securities;

(d)
Entering into trust, swap, tax, administration, reimbursement, or
fiscal agent transactions;

(e)
Complying with trust indenture, reinsurance, retrocession, and other
agreements necessary or incidental to effectuate an insurance
securitization in compliance with this section and in the plan of
operation considered by the superintendent under division (F)(5) of
section 3964.03 of the Revised Code.

(D)(1)
A special purpose financial captive insurance company may issue
securities, subject to and in accordance with applicable law, its
plan of operation considered by the superintendent under division (E)
of section 3964.03 of the Revised Code, and its organizational
documents.

(2)
A special purpose financial captive insurance company, in connection
with the issuance of securities, may enter into and perform all of
its obligations under any required contracts to facilitate the
issuance of these securities.

(3)
The obligation to repay principal or interest, or both, on the
securities issued by the special purpose financial captive insurance
company shall reflect the risk associated with the obligations of the
special purpose financial captive insurance company to the
counterparty under the special purpose financial captive insurance
company contract.

(E)(1)(a)
A special purpose financial captive insurance company may enter into
the following types of transactions for the purposes described in
division (E)(1)(b) of this section:

(i)
Asset management agreements, including swap agreements;

(ii)
Guaranteed investment contracts;

(iii)
Other transactions with the objective of reducing timing differences
in the funding of upfront, or ongoing, transaction expenses, or
managing asset, credit, prepayment, or interest rate risk of the
investments of the special purpose financial captive insurance
company.

(b)
The purpose of the transactions described in division (E)(1)(a) of
this section shall be any of the following:

(i)
To ensure that the investments are sufficient to assure payment or
repayment of the securities, and related interest or principal
payments, issued pursuant to a special purpose financial captive
insurance company insurance securitization transaction;

(ii)
To ensure that the investments are sufficient to assure payment or
repayment of the obligations required under a special purpose
financial captive insurance company contract;

(iii)
Any other purpose approved by the superintendent.

(2)
An asset management agreement shall not be entered into under this
section by a special purpose financial captive insurance company
unless it has been approved by the superintendent.

(F)(1)
If a special purpose financial captive insurance company has entered
into a special purpose financial captive insurance company contract
with a counterparty and the special purpose financial captive
insurance company has conducted an insurance securitization that is
made up, in part or in whole, of the risks of that contract, then the
special purpose financial captive insurance company may enter into a
second contract with the counterparty under which the counterparty is
held liable for those losses or other obligations that were
securitized.

(2)
Such obligations may be funded and secured with assets held in trust
for the benefit of the counterparty pursuant to agreements
contemplated by this section and invested in a manner that meet the
criteria in sections 3907.14 and 3907.141 of the Revised Code.

(G)(1)
A special purpose financial captive insurance company may enter into
agreements with affiliated companies and third parties and conduct
business necessary to fulfill its obligations and administrative
duties incidental to an insurance securitization and a special
purpose financial captive insurance company contract entered into
under division (F) of this section.

(2)
The agreements may include management and administrative services
agreements and other allocation and cost sharing agreements, or swap
and asset management agreements, or both, or agreements for other
contemplated types of transactions provided in this section.

(H)
A special purpose financial captive insurance company contract
entered into under division (F) of this section shall contain all of
the following:

(1)
A requirement that the special purpose financial captive insurance
company do either of the following:

(a)
Enter into a trust agreement specifying what recoverables or
reserves, or both, the agreement is to cover and to establish a trust
account for the benefit of the counterparty and the security holders;

(b)
Establish such other methods of security acceptable to the
superintendent.

(2)
A stipulation that assets deposited in the trust account shall be
valued in accordance with their current fair-market value and shall
consist only of investments permitted by sections 3907.14 and
3907.141 of the Revised Code;

(3)
A requirement that, if a trust arrangement is used, the special
purpose financial captive insurance company, before depositing assets
with the trustee, execute assignments, execute endorsements in blank,
or take such actions as are necessary to transfer legal title to the
trustee of all assets requiring assignment, in order that the
counterparty, or the trustee upon the direction of the counterparty,
may negotiate whenever necessary the assets without consent or
signature from the special purpose financial captive insurance
company or another entity;

(4)
A stipulation that, if a trust arrangement is used, the special
purpose financial captive insurance company and the counterparty
agree that the assets in the trust account established pursuant to
the contract:

(a)
May be withdrawn by the counterparty, or the trustee on its behalf,
at any time, but only in accordance with the terms of the contract;

(b)
Shall be utilized and applied by the counterparty, without diminution
because of insolvency on the part of the counterparty or the special
purpose financial captive insurance company, only for the purposes
set forth in the credit for reinsurance laws
and
rules
of
this state. As used in this division, "counterparty"
includes any successor of the counterparty by operation of law,
including, subject to the provisions of this section, but without
further limitation, any liquidator, rehabilitator, or receiver of the
counterparty.

(I)
A special purpose financial captive insurance company contract
entered into under division (F) of this section may contain
provisions that give the special purpose financial captive insurance
company the right to seek approval from the counterparty to withdraw
from the trust all or part of the assets, or income from them,
contained in the trust and to transfer the assets to the special
purpose financial captive insurance company if such provisions comply
with the credit for reinsurance laws
and
rules
of
this state.

(J)(1)
A special purpose financial captive insurance company contract
entered into under division (F) of this section, meeting the
requirements of this section, shall be granted credit for reinsurance
treatment or otherwise qualify as an asset or a reduction from
liability for reinsurance ceded by a domestic insurer to a special
purpose financial captive insurance company as an assuming insurer
for the benefit of the counterparty if both of the following apply:

(a)
The assets are held or invested in one or more of the forms allowed
in sections 3907.14 and 3907.141 of the Revised Code.

(b)
The agreement is in compliance with section 3901.64 of the Revised
Code.

(2)
The contract shall be granted credit or otherwise qualify as an asset
or reduction from liability only to the extent of the value of the
assets held in trust for, or letters of credit, that meet the
requirements set forth in division (C) of section 3964.05 of the
Revised Code, or as approved by the superintendent, for the benefit
of the counterparty under the special purpose financial captive
insurance company contract.

(K)
A special purpose financial captive insurance company may make
investments that meet the qualifications set forth in sections
3907.14 and 3907.141 of the Revised Code, however these investments
shall not be subject to any limitations contained in such sections as
to invested amounts. The superintendent may prohibit or limit any
investment that threatens the solvency or liquidity of a special
purpose financial captive insurance company or that is not made in
accordance with the approved plan of operation.

Sec.
3965.09.
Notwithstanding
any other provision of law, the provisions of this chapter
and
any rules adopted pursuant to this chapter
constitute
the exclusive state standards and requirements applicable to
licensees regarding cybersecurity events, the security of nonpublic
information, data security, investigation of cybersecurity events,
and notification to the superintendent of cybersecurity events.

Sec.
3965.11.
The
superintendent of insurance shall consider the nature, scale, and
complexity of licensees in administering this chapter

and adopting rules pursuant to this chapter
.

Sec.
4111.05.
The
director of commerce shall adopt rules in accordance with Chapter
119. of the Revised Code
as
the director considers appropriate to carry out the purposes of
sections 4111.01 to 4111.17 of the Revised Code. The rules may be
amended from time to time and may include, but are not limited to,
rules
defining
and governing apprentices, their number, proportion, and length of
service; bonuses and special pay for special or extra work; permitted
deductions or charges to employees for board, lodging, apparel, or
other facilities or services customarily furnished by employers to
employees; inclusion of ascertainable gratuities in wages paid;
allowances for unascertainable gratuities or for other special
conditions or circumstances which may be usual in particular
employer-employee relationships; and the method of computation or the
period of time over which wages may be averaged to determine whether
the minimum wage or overtime rate has been paid.

Sec.
4111.06.
In
order to prevent curtailment of opportunities for employment, to
avoid undue hardship, and to safeguard the minimum wage rates under
sections 4111.01 to 4111.17 of the Revised Code, the director of
commerce shall adopt rules
under
section 4111.05 of the Revised Code,
in
accordance with Chapter 119. of the Revised Code

permitting employment in any occupation at wages lower than the wage
rates applicable under sections 4111.01 to 4111.17 of the Revised
Code, of individuals whose earning capacity is impaired by physical
or mental disabilities or injuries. The rules shall provide for
licenses to be issued authorizing employment at the wages of specific
individuals or groups of employees, or by specific employers or
groups of employers, pursuant to the rules. The rules shall not
conflict with the "Americans with Disabilities Act of 1990,"
104 Stat. 328, 42 U.S.C.A. 12111, et seq.

Sec.
4111.08.
Every
employer subject to section 4111.03 of the Revised Code
,
or to any rule adopted thereunder,

shall make and keep for a period of not less than three years a
record of the name, address, and occupation of each of the employer's
employees, the rate of pay and the amount paid each pay period to
each employee,
and

the
hours worked each day and each work week by the employee
,
and other information as the director of commerce prescribes by rule
as necessary or appropriate for the enforcement of section 4111.03 of
the Revised Code, or of the rules thereunder
.
Records may be opened for inspection or copying by the director at
any reasonable time.

Sec.
4117.02.
(A)
There is hereby created the state employment relations board,
consisting of three members to be appointed by the governor with the
advice and consent of the senate. Members shall be knowledgeable
about labor relations or personnel practices. No more than two of the
three members shall belong to the same political party. A member of
the state employment relations board during the member's period of
service shall hold no other public office or public or private
employment and shall allow no other responsibilities to interfere or
conflict with the member's duties as a full-time state employment
relations board member. Of the initial appointments made to the state
employment relations board, one shall be for a term ending October 6,
1984, one shall be for a term ending October 6, 1985, and one shall
be for a term ending October 6, 1986. Thereafter, terms of office
shall be for six years, each term ending on the same day of the same
month of the year as did the term that it succeeds. Each member shall
hold office from the date of the member's appointment until the end
of the term for which the member is appointed. Any member appointed
to fill a vacancy occurring prior to the expiration of the term for
which the member's predecessor was appointed shall hold office for
the remainder of the term. Any member shall continue in office
subsequent to the expiration of the member's term until the member's
successor takes office or until a period of sixty days has elapsed,
whichever occurs first. The governor may remove any member of the
state employment relations board, upon notice and public hearing, for
neglect of duty or malfeasance in office, but for no other cause.

(B)(1)
The governor shall designate one member of the state employment
relations board to serve as chairperson of the state employment
relations board. The chairperson is the head of the state employment
relations board and its chief executive officer.

(2)
The chairperson shall exercise all administrative powers and duties
conferred upon the state employment relations board under this
chapter and shall do all of the following:

(a)
Employ, promote, supervise, and remove all employees of the state
employment relations board, and establish, change, or abolish
positions and assign or reassign the duties of those employees as the
chairperson determines necessary to achieve the most efficient
performance of the duties of the state employment relations board
under this chapter;

(b)
Determine the utilization by the state personnel board of review of
employees of the state employment relations board as necessary for
the state personnel board of review to exercise the powers and
perform the duties of the state personnel board of review
.
;

(c)
Maintain the office of the state employment relations board in
Columbus and manage the office's daily operations, including securing
offices, facilities, equipment, and supplies necessary to house the
state employment relations board, employees of the state employment
relations board, the state personnel board of review, and files and
records under the control of the state employment relations board and
under the control of the state personnel board of review;

(d)
Prepare and submit to the office of budget and management a budget
for each biennium according to section 107.03 of the Revised Code,
and include in the budget the costs of the state employment relations
board and its staff and the costs of the state employment relations
board in discharging any duty imposed by law upon the state
employment relations board, the chairperson, or any of the employees
or agents of the state employment relations board, and the costs of
the state personnel board of review in discharging any duty imposed
by law on the state personnel board of review or an agent of the
state personnel board of review.

(C)
The vacancy on the state employment relations board does not impair
the right of the remaining members to exercise all the powers of the
state employment relations board, and two members of the state
employment relations board, at all times, constitute a quorum. The
state employment relations board shall have an official seal of which
courts shall take judicial notice.

(D)
The state employment relations board shall make an annual report in
writing to the governor and to the general assembly, stating in
detail the work it has done.

(E)
Compensation of the chairperson and members shall be in accordance
with division (J) of section 124.15 of the Revised Code. The
chairperson and the members are eligible for reappointment. In
addition to such compensation, all members shall be reimbursed for
their necessary expenses incurred in the performance of their work as
members.

(F)(1)
The chairperson, after consulting with the other state employment
relations board members and receiving the consent of at least one
other board member, shall appoint an executive director. The
chairperson also shall appoint attorneys and shall appoint an
assistant executive director who shall be an attorney admitted to
practice law in this state and who shall serve as a liaison to the
attorney general on legal matters before the state employment
relations board.

(2)
The state employment relations board shall appoint members of
fact-finding panels and shall prescribe their job duties.

(G)(1)
The executive director shall serve at the pleasure of the
chairperson. The executive director, under the direction of the
chairperson, shall do all of the following:

(a)
Act as chief administrative officer for the state employment
relations board;

(b)
Ensure that all employees of the state employment relations board
comply with the rules of the state employment relations board;

(c)
Do all things necessary for the efficient and effective
implementation of the duties of the state employment relations board.

(2)
The duties of the executive director described in division (G)(1) of
this section do not relieve the chairperson from final responsibility
for the proper performance of the duties described in that division.

(H)
The attorney general shall be the legal adviser of the state
employment relations board and shall appear for and represent the
state employment relations board and its agents in all legal
proceedings. The state employment relations board may utilize
regional, local, or other agencies, and utilize voluntary and
uncompensated services as needed. The state employment relations
board may contract with the federal mediation and conciliation
service for the assistance of mediators, arbitrators, and other
personnel the service makes available. The chairperson shall appoint
all employees on the basis of training, practical experience,
education, and character, notwithstanding the requirements
established by section 119.09 of the Revised Code. The chairperson
shall give special regard to the practical training and experience
that employees have for the particular position involved. The
executive director, assistant executive director, administrative law
judges, employees holding a fiduciary or administrative relation to
the state employment relations board as described in division (A)(9)
of section 124.11 of the Revised Code, and the personal secretaries
and assistants of the state employment relations board members are in
the unclassified service. All other full-time employees of the state
employment relations board are in the classified service. All
employees of the state employment relations board shall be paid in
accordance with Chapter 124. of the Revised Code.

(I)
The chairperson shall select and assign administrative law judges and
other agents whose functions are to conduct hearings with due regard
to their impartiality, judicial temperament, and knowledge. If in any
proceeding under this chapter, any party prior to five days before
the hearing thereto files with the state employment relations board a
sworn statement charging that the administrative law judge or other
agent designated to conduct the hearing is biased or partial in the
proceeding, the state employment relations board may disqualify the
person and designate another administrative law judge or agent to
conduct the proceeding. At least ten days before any hearing, the
state employment relations board shall notify all parties to a
proceeding of the name of the administrative law judge or agent
designated to conduct the hearing.

(J)
The principal office of the state employment relations board is in
Columbus, but it may meet and exercise any or all of its powers at
any other place within the state. The state employment relations
board may, by one or more of its employees, or any agents or agencies
it designates, conduct in any part of this state any proceeding,
hearing, investigation, inquiry, or election necessary to the
performance of its functions; provided, that no person so designated
may later sit in determination of an appeal of the decision of that
cause or matter.

(K)
In addition to the powers and functions provided in other sections of
this chapter, the state employment relations board shall do all of
the following:

(1)
Create a bureau of mediation within the state employment relations
board, to perform the functions provided in section 4117.14 of the
Revised Code. This bureau shall also establish, after consulting
representatives of employee organizations and public employers,
panels of qualified persons to be available to serve as members of
fact-finding panels and arbitrators.

(2)
Conduct studies of problems involved in representation and
negotiation and make recommendations for legislation;

(3)
Hold hearings pursuant to this chapter and, for the purpose of the
hearings and inquiries, administer oaths and affirmations, examine
witnesses and documents, take testimony and receive evidence, compel
the attendance of witnesses and the production of documents by the
issuance of subpoenas, and delegate these powers to any members of
the state employment relations board or any administrative law judge
employed by the state employment relations board for the performance
of its functions;

(4)
Train representatives of employee organizations and public employers
in the rules and techniques of collective bargaining procedures;

(5)
Make studies and analyses of, and act as a clearinghouse of
information relating to, conditions of employment of public employees
throughout the state and request assistance, services, and data from
any public employee organization, public employer, or governmental
unit. Public employee organizations, public employers, and
governmental units shall provide such assistance, services, and data
as will enable the state employment relations board to carry out its
functions and powers.

(6)
Make available to employee organizations, public employers,
mediators, fact-finding panels, arbitrators, and joint study
committees statistical data relating to wages, benefits, and
employment practices in public and private employment applicable to
various localities and occupations to assist them to resolve issues
in negotiations;

(7)
Notwithstanding section 119.13 of the Revised Code, establish
standards of persons who practice before it;

(8)
Adopt, amend, and rescind
rules
and
procedures

and exercise other powers

appropriate to carry out this chapter. Before the adoption,
amendment, or rescission of
rules
and
procedures
under this section, the state employment relations board shall do all
of the following:

(a)
Maintain a list of interested public employers and employee
organizations and mail notice to such groups of any proposed
rule
or
procedure,
amendment thereto, or rescission thereof at least thirty days before
any public hearing thereon;

(b)
Mail a copy of each proposed
rule

or
procedure, amendment thereto, or rescission thereof to any person who
requests a copy within five days after receipt of the request
therefor;

(c)
Consult with appropriate statewide organizations representing public
employers or employees who would be affected by the proposed
rule
or
procedure.

Although
the state employment relations board is expected to discharge these
duties diligently, failure to mail any notice or copy, or to so
consult with any person, is not jurisdictional and shall not be
construed to invalidate any proceeding or action of the state
employment relations board.

(L)
In case of neglect or refusal to obey a subpoena issued to any
person, the court of common pleas of the county in which the
investigation or the public hearing occurs, upon application by the
state employment relations board, may issue an order requiring the
person to appear before the state employment relations board and give
testimony about the matter under investigation. The court may punish
a failure to obey the order as contempt.

(M)
Any subpoena, notice of hearing, or other process or notice of the
state employment relations board issued under this section may be
served personally, by certified mail, or by leaving a copy at the
principal office or personal residence of the respondent required to
be served. A return, made and verified by the individual making the
service and setting forth the manner of service, is proof of service,
and a return post office receipt, when certified mail is used, is
proof of service. All process in any court to which application is
made under this chapter may be served in the county wherein the
persons required to be served reside or are found.

(N)
All expenses of the state employment relations board, including all
necessary traveling and subsistence expenses incurred by the members
or employees of the state employment relations board under its
orders, shall be paid pursuant to itemized vouchers approved by the
chairperson of the state employment relations board, the executive
director, or both, or such other person as the chairperson designates
for that purpose.

(O)
Whenever the state employment relations board determines that a
substantial controversy exists with respect to the application or
interpretation of this chapter and the matter is of public or great
general interest, the state employment relations board shall certify
its final order directly to the court of appeals having jurisdiction
over the area in which the principal office of the public employer
directly affected by the application or interpretation is located.
The chairperson shall file with the clerk of the court a certified
copy of the transcript of the proceedings before the state employment
relations board pertaining to the final order. If upon hearing and
consideration the court decides that the final order of the state
employment relations board is unlawful or is not supported by
substantial evidence on the record as a whole, the court shall
reverse and vacate the final order or modify it and enter final
judgment in accordance with the modification; otherwise, the court
shall affirm the final order. The notice of the final order of the
state employment relations board to the interested parties shall
contain a certification by the chairperson of the state employment
relations board that the final order is of public or great general
interest and that a certified transcript of the record of the
proceedings before the state employment relations board had been
filed with the clerk of the court as an appeal to the court. For the
purposes of this division, the state employment relations board has
standing to bring its final order properly before the court of
appeals.

(P)
Except as otherwise specifically provided in this section, the state
employment relations board is subject to Chapter 119. of the Revised
Code, including the procedure for submission of proposed rules to the
general assembly for legislative review under division (C) of section
119.03 of the Revised Code.

Sec.
4121.61.
(A)
As used in sections
4121.61

4121.62

to
4121.69 of the Revised Code, "self-insuring employer" has
the same meaning as in section 4123.01 of the Revised Code.

(B)
The administrator of workers' compensation, with the advice and
consent of the bureau of workers' compensation board of directors,
shall
adopt
rules,
take
measures
,
other than adopting rules
,
and make expenditures as it deems necessary to aid claimants who have
sustained compensable injuries or incurred compensable occupational
diseases pursuant to Chapter 4123., 4127., or 4131. of the Revised
Code to return to work or to assist in lessening or removing any
resulting impairment.

Sec.
4123.32.
The
administrator of workers' compensation, with the advice and consent
of the bureau of workers' compensation board of directors, shall
adopt
the
following
rules
with respect to the collection, maintenance, and disbursements of the
state insurance fund

including all of the following
:

(A)
A rule providing for ascertaining the correctness of any employer's
report of estimated or actual expenditure of wages and the
determination and adjustment of proper premiums and the payment of
those premiums by the employer;

(B)

Such
special rules as the administrator considers necessary to safeguard
the fund and that are just in the circumstances,
A
rule

covering the rates to be applied where one employer takes over the
occupation or industry of another or where an employer first makes
application for state insurance, and the administrator may require
that if any employer transfers a business in whole or in part or
otherwise reorganizes the business, the successor in interest shall
assume, in proportion to the extent of the transfer, as determined by
the administrator, the employer's account and shall continue the
payment of all contributions due under this chapter;

(C)
A rule providing that an employer who employs an employee covered
under the federal "Longshore and Harbor Workers' Compensation
Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this chapter and
Chapter 4121. of the Revised Code shall be assessed a premium in
accordance with the expenditure of wages, payroll, or both
attributable to only labor performed and services provided by such an
employee when the employee performs labor and provides services for
which the employee is not eligible to receive compensation and
benefits under that federal act.

(D)
A rule providing for all of the following:

(1)
If an employer fails to file a report of the employer's actual
payroll expenditures pursuant to section 4123.26 of the Revised Code
for private employers or pursuant to section 4123.41 of the Revised
Code for public employers, the premium and assessments due from the
employer for the period shall be calculated based on the estimated
payroll of the employer used in calculating the estimated premium
due, increased by ten per cent;

(2)(a)
If an employer fails to pay the premium or assessments when due for a
policy year commencing prior to July 1, 2015, the administrator may
add a late fee penalty of not more than thirty dollars to the premium
plus an additional penalty amount as follows:

(i)
For a premium from sixty-one to ninety days past due, the prime
interest rate, multiplied by the premium due;

(ii)
For a premium from ninety-one to one hundred twenty days past due,
the prime interest rate plus two per cent, multiplied by the premium
due;

(iii)
For a premium from one hundred twenty-one to one hundred fifty days
past due, the prime interest rate plus four per cent, multiplied by
the premium due;

(iv)
For a premium from one hundred fifty-one to one hundred eighty days
past due, the prime interest rate plus six per cent, multiplied by
the premium due;

(v)
For a premium from one hundred eighty-one to two hundred ten days
past due, the prime interest rate plus eight per cent, multiplied by
the premium due;

(vi)
For each additional thirty-day period or portion thereof that a
premium remains past due after it has remained past due for more than
two hundred ten days, the prime interest rate plus eight per cent,
multiplied by the premium due.

(b)
For purposes of division (D)(2)(a) of this section, "prime
interest rate" means the average bank prime rate, and the
administrator shall determine the prime interest rate in the same
manner as a county auditor determines the average bank prime rate
under section 929.02 of the Revised Code.

(c)
If an employer fails to pay the premium or assessments when due for a
policy year commencing on or after July 1, 2015, the administrator
may assess a penalty at the interest rate established by the state
tax commissioner pursuant to section 5703.47 of the Revised Code.

(3)
Notwithstanding the interest rates specified in division (D)(2)(a) or
(c) of this section, at no time shall the additional penalty amount
assessed under division (D)(2)(a) or (c) of this section exceed
fifteen per cent of the premium due.

(4)
If an employer recognized by the administrator as a professional
employer organization or alternate employer organization fails to
make a timely payment of premiums or assessments as required by
section 4123.35 of the Revised Code, the administrator shall revoke
the organization's registration pursuant to section 4125.06 or
4133.09 of the Revised Code, as applicable.

(5)
An employer may appeal a late fee penalty or additional penalty to an
adjudicating committee pursuant to section 4123.291 of the Revised
Code.

(6)
If the employer files an appropriate payroll report within the time
provided by law, the employer shall not be in default and division
(D)(2) of this section shall not apply if the employer pays the
premiums within fifteen days after being first notified by the
administrator of the amount due.

(7)
Any deficiencies in the amounts of the premium security deposit paid
by an employer prior to July 1, 2015, shall be subject to an interest
charge of six per cent per annum from the date the premium obligation
is incurred. In determining the interest due on deficiencies in
premium security deposit payments, a charge in each case shall be
made against the employer in an amount equal to interest at the rate
of six per cent per annum on the premium security deposit due but
remaining unpaid sixty days after notice by the administrator.

(8)
Any interest charges or penalties provided for in divisions (D)(2)
and (7) of this section shall be credited to the employer's account
for rating purposes in the same manner as premiums.

(E)
A rule providing that each employer, on the occasion of instituting
coverage under this chapter for an effective date prior to July 1,
2015, shall submit a premium security deposit. The deposit shall be
calculated equivalent to thirty per cent of the semiannual premium
obligation of the employer based upon the employer's estimated
expenditure for wages for the ensuing six-month period plus thirty
per cent of an additional adjustment period of two months but only up
to a maximum of one thousand dollars and not less than ten dollars.
The administrator shall review the security deposit of every employer
who has submitted a deposit which is less than the
one-thousand-dollar maximum. The administrator may require any such
employer to submit additional money up to the maximum of one thousand
dollars that, in the administrator's opinion, reflects the employer's
current payroll expenditure for an eight-month period.

(F)
A rule providing that each employer, on the occasion of instituting
coverage under this chapter, shall submit an application fee and an
application for coverage that completely provides all of the
information required for the administrator to establish coverage for
that employer, and that the employer's failure to pay the application
fee or to provide all of the information requested on the application
may be grounds for the administrator to deny coverage for that
employer.

(G)
A rule providing that, in addition to any other remedies permitted in
this chapter, the administrator may discontinue an employer's
coverage if the employer fails to pay the premium due on or before
the premium's due date.

(H)
A rule providing that if after a final adjudication it is determined
that an employer has failed to pay an obligation, billing, account,
or assessment that is greater than one thousand dollars on or before
its due date, the administrator may discontinue the employer's
coverage in addition to any other remedies permitted in this chapter,
and that the administrator shall not discontinue an employer's
coverage pursuant to this division prior to a final adjudication
regarding the employer's failure to pay such obligation, billing,
account, or assessment on or before its due date.

(I)
As used in divisions (G) and (H) of this section:

(1)
"Employer" has the same meaning as in section 4123.01 of
the Revised Code except that "employer" does not include
the state, a state hospital, or a state university or college.

(2)
"State university or college" has the same meaning as in
section 3345.12 of the Revised Code and also includes the Ohio
agricultural research and development center and OSU extension.

(3)
"State hospital" means the Ohio state university hospital
and its ancillary facilities and the medical university of Ohio at
Toledo hospital.

Sec.
4123.35.
(A)
Except as provided in this section, and until the policy year
commencing July 1, 2015, every private employer and every publicly
owned utility shall pay semiannually in the months of January and
July into the state insurance fund the amount of annual premium the
administrator of workers' compensation fixes for the employment or
occupation of the employer, the amount of which premium to be paid by
each employer to be determined by the classifications, rules, and
rates made and published by the administrator. The employer shall pay
semiannually a further sum of money into the state insurance fund as
may be ascertained to be due from the employer by applying the rules
of the administrator.

Except
as otherwise provided in this section, for a policy year commencing
on or after July 1, 2015, every private employer and every publicly
owned utility shall pay annually in the month of June immediately
preceding the policy year into the state insurance fund the amount of
estimated annual premium the administrator fixes for the employment
or occupation of the employer, the amount of which estimated premium
to be paid by each employer to be determined by the classifications,
rules, and rates made and published by the administrator. The
employer shall pay a further sum of money into the state insurance
fund as may be ascertained to be due from the employer by applying
the rules of the administrator. Upon receipt of the payroll report
required by division (B) of section 4123.26 of the Revised Code, the
administrator shall adjust the premium and assessments charged to
each employer for the difference between estimated gross payrolls and
actual gross payrolls, and any balance due to the administrator shall
be immediately paid by the employer. Any balance due the employer
shall be credited to the employer's account.

For
a policy year commencing on or after July 1, 2015, each employer that
is recognized by the administrator as a professional employer
organization or alternate employer organization shall pay monthly
into the state insurance fund the amount of premium the administrator
fixes for the employer for the prior month based on the actual
payroll of the employer reported pursuant to division (C) of section
4123.26 of the Revised Code.

A
receipt certifying that payment has been made shall be issued to the
employer by the bureau of workers' compensation. The receipt is
prima-facie evidence of the payment of the premium. The administrator
shall provide each employer written proof of workers' compensation
coverage as is required in section 4123.83 of the Revised Code.
Proper posting of the notice constitutes the employer's compliance
with the notice requirement mandated in section 4123.83 of the
Revised Code.

The
bureau shall verify with the secretary of state the existence of all
corporations and organizations making application for workers'
compensation coverage and shall require every such application to
include the employer's federal identification number.

A
private employer who has contracted with a subcontractor is liable
for the unpaid premium due from any subcontractor with respect to
that part of the payroll of the subcontractor that is for work
performed pursuant to the contract with the employer.

Division
(A) of this section providing for the payment of premiums
semiannually does not apply to any employer who was a subscriber to
the state insurance fund prior to January 1, 1914, or, until July 1,
2015, who may first become a subscriber to the fund in any month
other than January or July. Instead, the semiannual premiums shall be
paid by those employers from time to time upon the expiration of the
respective periods for which payments into the fund have been made by
them. After July 1, 2015, an employer who first becomes a subscriber
to the fund on any day other than the first day of July shall pay
premiums according to rules adopted by the administrator, with the
advice and consent of the bureau of workers' compensation board of
directors, for the remainder of the policy year for which the
coverage is effective.

The
administrator, with the advice and consent of the board, shall adopt
rules to permit employers to make periodic payments of the premium
and assessment due under this division. The rules shall include
provisions for the assessment of interest charges, where appropriate,
and for the assessment of penalties when an employer fails to make
timely premium payments. The administrator, in the rules the
administrator adopts, may set an administrative fee for these
periodic payments. An employer who timely pays the amounts due under
this division is entitled to all of the benefits and protections of
this chapter. Upon receipt of payment, the bureau shall issue a
receipt to the employer certifying that payment has been made, which
receipt is prima-facie evidence of payment. Workers' compensation
coverage under this chapter continues uninterrupted upon timely
receipt of payment under this division.

Every
public employer, except public employers that are self-insuring
employers under this section, shall comply with sections 4123.38 to
4123.41, and 4123.48 of the Revised Code in regard to the
contribution of moneys to the public insurance fund.

(B)
Employers who will abide by the rules of the administrator and who
may be of sufficient financial ability to render certain the payment
of compensation to injured employees or the dependents of killed
employees, and the furnishing of medical, surgical, nursing, and
hospital attention and services and medicines, and funeral expenses,
equal to or greater than is provided for in sections 4123.52, 4123.55
to 4123.62, and 4123.64 to 4123.67 of the Revised Code, and who do
not desire to insure the payment thereof or indemnify themselves
against loss sustained by the direct payment thereof, upon a finding
of such facts by the administrator, may be granted the privilege to
pay individually compensation, and furnish medical, surgical,
nursing, and hospital services and attention and funeral expenses
directly to injured employees or the dependents of killed employees,
thereby being granted status as a self-insuring employer. The
administrator may charge employers who apply for the status as a
self-insuring employer a reasonable application fee to cover the
bureau's costs in connection with processing and making a
determination with respect to an application.

All
employers granted status as self-insuring employers shall demonstrate
sufficient financial and administrative ability to assure that all
obligations under this section are promptly met. The administrator
shall deny the privilege where the employer is unable to demonstrate
the employer's ability to promptly meet all the obligations imposed
on the employer by this section.

(1)
The administrator shall consider, but is not limited to, the
following factors, where applicable, in determining the employer's
ability to meet all of the obligations imposed on the employer by
this section:

(a)
The employer has operated in this state for a minimum of two years,
provided that an employer who has purchased, acquired, or otherwise
succeeded to the operation of a business, or any part thereof,
situated in this state that has operated for at least two years in
this state, also shall qualify;

(b)
Where the employer previously contributed to the state insurance fund
or is a successor employer as defined by bureau rules, the amount of
the buyout, as defined by bureau rules;

(c)
The sufficiency of the employer's assets located in this state to
insure the employer's solvency in paying compensation directly;

(d)
The financial records, documents, and data, certified by a certified
public accountant, necessary to provide the employer's full financial
disclosure. The records, documents, and data include, but are not
limited to, balance sheets and profit and loss history for the
current year and previous four years.

(e)
The employer's organizational plan for the administration of the
workers' compensation law;

(f)
The employer's proposed plan to inform employees of the change from a
state fund insurer to a self-insuring employer, the procedures the
employer will follow as a self-insuring employer, and the employees'
rights to compensation and benefits; and

(g)
The employer has either an account in a financial institution in this
state, or if the employer maintains an account with a financial
institution outside this state, ensures that workers' compensation
checks are drawn from the same account as payroll checks or the
employer clearly indicates that payment will be honored by a
financial institution in this state.

The
administrator may waive the requirements of division (B)(1)(a) of
this section and the requirement of division (B)(1)(d) of this
section that the financial records, documents, and data be certified
by a certified public accountant. The administrator shall adopt rules
establishing the criteria that an employer shall meet in order for
the administrator to waive the requirements of divisions (B)(1)(a)
and (d) of this section. Such rules may require additional security
of that employer pursuant to division (E) of section 4123.351 of the
Revised Code.

The
administrator shall not grant the status of self-insuring employer to
the state, except that the administrator may grant the status of
self-insuring employer to a state institution of higher education,
including its hospitals, that meets the requirements of division
(B)(2) of this section.

(2)
When considering the application of a public employer, except for a
board of county commissioners described in division (G) of section
4123.01 of the Revised Code, a board of a county hospital, or a
publicly owned utility, the administrator shall verify that the
public employer satisfies all of the following requirements as the
requirements apply to that public employer:

(a)
For the two-year period preceding application under this section, the
public employer has maintained an unvoted debt capacity equal to at
least two times the amount of the current annual premium established
by the administrator under this chapter for that public employer for
the year immediately preceding the year in which the public employer
makes application under this section.

(b)
For each of the two fiscal years preceding application under this
section, the unreserved and undesignated year-end fund balance in the
public employer's general fund is equal to at least five per cent of
the public employer's general fund revenues for the fiscal year
computed in accordance with generally accepted accounting principles.

(c)
For the five-year period preceding application under this section,
the public employer, to the extent applicable, has complied fully
with the continuing disclosure requirements established in rules
adopted by the United States securities and exchange commission under
17 C.F.R. 240.15c 2-12.

(d)
For the five-year period preceding application under this section,
the public employer has not had its local government fund
distribution withheld on account of the public employer being
indebted or otherwise obligated to the state.

(e)
For the five-year period preceding application under this section,
the public employer has not been under a fiscal watch or fiscal
emergency pursuant to section 118.023, 118.04, or 3316.03 of the
Revised Code.

(f)
For the public employer's fiscal year preceding application under
this section, the public employer has obtained an annual financial
audit as required under section 117.10 of the Revised Code, which has
been released by the auditor of state within seven months after the
end of the public employer's fiscal year.

(g)
On the date of application, the public employer holds a debt rating
of Aa3 or higher according to Moody's investors service, inc., or a
comparable rating by an independent rating agency similar to Moody's
investors service, inc.

(h)
The public employer agrees to generate an annual accumulating book
reserve in its financial statements reflecting an actuarially
generated reserve adequate to pay projected claims under this chapter
for the applicable period of time, as determined by the
administrator.

(i)
For a public employer that is a hospital, the public employer shall
submit audited financial statements showing the hospital's overall
liquidity characteristics, and the administrator shall determine, on
an individual basis, whether the public employer satisfies liquidity
standards equivalent to the liquidity standards of other public
employers.

(j)
Any additional criteria that the administrator adopts by rule
pursuant to division (E) of this section.

The
administrator may adopt rules establishing the criteria that a public
employer shall satisfy in order for the administrator to waive any of
the requirements listed in divisions (B)(2)(a) to
(j)
(i)

of this section. The rules may require additional security from that
employer pursuant to division (E) of section 4123.351 of the Revised
Code. The administrator shall not waive any of the requirements
listed in divisions (B)(2)(a) to
(j)
(i)

of this section for a public employer who does not satisfy the
criteria established in the rules the administrator adopts.

(C)
A board of county commissioners described in division (G) of section
4123.01 of the Revised Code, as an employer, that will abide by the
rules of the administrator and that may be of sufficient financial
ability to render certain the payment of compensation to injured
employees or the dependents of killed employees, and the furnishing
of medical, surgical, nursing, and hospital attention and services
and medicines, and funeral expenses, equal to or greater than is
provided for in sections 4123.52, 4123.55 to 4123.62, and 4123.64 to
4123.67 of the Revised Code, and that does not desire to insure the
payment thereof or indemnify itself against loss sustained by the
direct payment thereof, upon a finding of such facts by the
administrator, may be granted the privilege to pay individually
compensation, and furnish medical, surgical, nursing, and hospital
services and attention and funeral expenses directly to injured
employees or the dependents of killed employees, thereby being
granted status as a self-insuring employer. The administrator may
charge a board of county commissioners described in division (G) of
section 4123.01 of the Revised Code that applies for the status as a
self-insuring employer a reasonable application fee to cover the
bureau's costs in connection with processing and making a
determination with respect to an application. All employers granted
such status shall demonstrate sufficient financial and administrative
ability to assure that all obligations under this section are
promptly met. The administrator shall deny the privilege where the
employer is unable to demonstrate the employer's ability to promptly
meet all the obligations imposed on the employer by this section. The
administrator shall consider, but is not limited to, the following
factors, where applicable, in determining the employer's ability to
meet all of the obligations imposed on the board as an employer by
this section:

(1)
The board has operated in this state for a minimum of two years;

(2)
Where the board previously contributed to the state insurance fund or
is a successor employer as defined by bureau rules, the amount of the
buyout, as defined by bureau rules;

(3)
The sufficiency of the board's assets located in this state to insure
the board's solvency in paying compensation directly;

(4)
The financial records, documents, and data, certified by a certified
public accountant, necessary to provide the board's full financial
disclosure. The records, documents, and data include, but are not
limited to, balance sheets and profit and loss history for the
current year and previous four years.

(5)
The board's organizational plan for the administration of the
workers' compensation law;

(6)
The board's proposed plan to inform employees of the proposed
self-insurance, the procedures the board will follow as a
self-insuring employer, and the employees' rights to compensation and
benefits;

(7)
The board has either an account in a financial institution in this
state, or if the board maintains an account with a financial
institution outside this state, ensures that workers' compensation
checks are drawn from the same account as payroll checks or the board
clearly indicates that payment will be honored by a financial
institution in this state;

(8)
The board shall provide the administrator a surety bond in an amount
equal to one hundred twenty-five per cent of the projected losses as
determined by the administrator.

(D)
The administrator shall require a surety bond from all self-insuring
employers, issued pursuant to section 4123.351 of the Revised Code,
that is sufficient to compel, or secure to injured employees, or to
the dependents of employees killed, the payment of compensation and
expenses, which shall in no event be less than that paid or furnished
out of the state insurance fund in similar cases to injured employees
or to dependents of killed employees whose employers contribute to
the fund, except when an employee of the employer, who has suffered
the loss of a hand, arm, foot, leg, or eye prior to the injury for
which compensation is to be paid, and thereafter suffers the loss of
any other of the members as the result of any injury sustained in the
course of and arising out of the employee's employment, the
compensation to be paid by the self-insuring employer is limited to
the disability suffered in the subsequent injury, additional
compensation, if any, to be paid by the bureau out of the surplus
created by section 4123.34 of the Revised Code.

(E)
In addition to the requirements of this section, the administrator
shall make and publish rules governing the manner of making
application and the nature and extent of the proof required to
justify a finding of fact by the administrator as to granting the
status of a self-insuring employer, which rules shall be general in
their application, one of which rules shall provide that all
self-insuring employers shall pay into the state insurance fund such
amounts as are required to be credited to the surplus fund in
division (B) of section 4123.34 of the Revised Code.
The
administrator may adopt rules establishing requirements in addition
to the requirements described in division (B)(2) of this section that
a public employer shall meet in order to qualify for self-insuring
status.

Employers
shall secure directly from the bureau central offices application
forms upon which the bureau shall stamp a designating number. Prior
to submission of an application, an employer shall make available to
the bureau, and the bureau shall review, the information described in
division (B)(1) of this section, and public employers shall make
available, and the bureau shall review, the information necessary to
verify whether the public employer meets the requirements listed in
division (B)(2) of this section. An employer shall file the completed
application forms with an application fee, which shall cover the
costs of processing the application, as established by the
administrator, by rule, with the bureau at least ninety days prior to
the effective date of the employer's new status as a self-insuring
employer. The application form is not deemed complete until all the
required information is attached thereto. The bureau shall only
accept applications that contain the required information.

(F)
The bureau shall review completed applications within a reasonable
time. If the bureau determines to grant an employer the status as a
self-insuring employer, the bureau shall issue a statement,
containing its findings of fact, that is prepared by the bureau and
signed by the administrator. If the bureau determines not to grant
the status as a self-insuring employer, the bureau shall notify the
employer of the determination and require the employer to continue to
pay its full premium into the state insurance fund. The administrator
also shall adopt rules establishing a minimum level of performance as
a criterion for granting and maintaining the status as a
self-insuring employer and fixing time limits beyond which failure of
the self-insuring employer to provide for the necessary medical
examinations and evaluations may not delay a decision on a claim.

(G)
The administrator shall adopt rules setting forth procedures for
auditing the program of self-insuring employers. The bureau shall
conduct the audit upon a random basis or whenever the bureau has
grounds for believing that a self-insuring employer is not in full
compliance with bureau rules or this chapter.

The
administrator shall monitor the programs conducted by self-insuring
employers, to ensure compliance with bureau requirements and for that
purpose, shall develop and issue to self-insuring employers
standardized forms for use by the self-insuring employer in all
aspects of the self-insuring employers' direct compensation program
and for reporting of information to the bureau.

The
bureau shall receive and transmit to the self-insuring employer all
complaints concerning any self-insuring employer. In the case of a
complaint against a self-insuring employer, the administrator shall
handle the complaint through the self-insurance division of the
bureau. The bureau shall maintain a file by employer of all
complaints received that relate to the employer. The bureau shall
evaluate each complaint and take appropriate action.

The
administrator shall adopt as a rule a prohibition against any
self-insuring employer from harassing, dismissing, or otherwise
disciplining any employee making a complaint, which rule shall
provide for a financial penalty to be levied by the administrator
payable by the offending self-insuring employer.

(H)
For the purpose of making determinations as to whether to grant
status as a self-insuring employer, the administrator may subscribe
to and pay for a credit reporting service that offers financial and
other business information about individual employers. The costs in
connection with the bureau's subscription or individual reports from
the service about an applicant may be included in the application fee
charged employers under this section.

(I)
A self-insuring employer that returns to the state insurance fund as
a state fund employer shall provide the administrator with medical
costs and indemnity costs by claim, and payroll by manual
classification and year, and such other information the administrator
may require. The self-insuring employer shall submit this information
by dates and in a format determined by the administrator. The
administrator shall develop a state fund experience modification
factor for a self-insuring employer that returns to the state
insurance fund based in whole or in part on the employer's
self-insured experience and the information submitted.

(J)
On the first day of July of each year, the administrator shall
calculate separately each self-insuring employer's assessments for
the safety and hygiene fund, administrative costs pursuant to section
4123.342 of the Revised Code, and for the surplus fund under division
(B) of section 4123.34 of the Revised Code, on the basis of the paid
compensation attributable to the individual self-insuring employer
according to the following calculation:

(1)
The total assessment against all self-insuring employers as a class
for each fund and for the administrative costs for the year that the
assessment is being made, as determined by the administrator, divided
by the total amount of paid compensation for the previous calendar
year attributable to all amenable self-insuring employers;

(2)
Multiply the quotient in division (J)(1) of this section by the total
amount of paid compensation for the previous calendar year that is
attributable to the individual self-insuring employer for whom the
assessment is being determined. Each self-insuring employer shall pay
the assessment that results from this calculation, unless the
assessment resulting from this calculation falls below a minimum
assessment, which minimum assessment the administrator shall
determine on the first day of July of each year with the advice and
consent of the bureau of workers' compensation board of directors, in
which event, the self-insuring employer shall pay the minimum
assessment.

In
determining the total amount due for the total assessment against all
self-insuring employers as a class for each fund and the
administrative assessment, the administrator shall reduce
proportionately the total for each fund and assessment by the amount
of money in the self-insurance assessment fund as of the date of the
computation of the assessment.

The
administrator shall calculate the assessment for the portion of the
surplus fund under division (B) of section 4123.34 of the Revised
Code that is used for reimbursement to a self-insuring employer under
division (H) of section 4123.512 of the Revised Code in the same
manner as set forth in divisions (J)(1) and (2) of this section
except that the administrator shall calculate the total assessment
for this portion of the surplus fund only on the basis of those
self-insuring employers that retain participation in reimbursement to
the self-insuring employer under division (H) of section 4123.512 of
the Revised Code and the individual self-insuring employer's
proportion of paid compensation shall be calculated only for those
self-insuring employers who retain participation in reimbursement to
the self-insuring employer under division (H) of section 4123.512 of
the Revised Code.

An
employer who no longer is a self-insuring employer in this state or
who no longer is operating in this state, shall continue to pay
assessments for administrative costs and for the surplus fund under
division (B) of section 4123.34 of the Revised Code based upon paid
compensation attributable to claims that occurred while the employer
was a self-insuring employer within this state.

(K)
There is hereby created in the state treasury the self-insurance
assessment fund. All investment earnings of the fund shall be
deposited in the fund. The administrator shall use the money in the
self-insurance assessment fund only for administrative costs as
specified in section 4123.341 of the Revised Code.

(L)
Every self-insuring employer shall certify, in affidavit form subject
to the penalty for perjury, to the bureau the amount of the
self-insuring employer's paid compensation for the previous calendar
year. In reporting paid compensation paid for the previous year, a
self-insuring employer shall exclude from the total amount of paid
compensation any reimbursement the self-insuring employer receives in
the previous calendar year from the surplus fund pursuant to section
4123.512 of the Revised Code for any paid compensation. The
self-insuring employer also shall exclude from the paid compensation
reported any amount recovered under section 4123.931 of the Revised
Code and any amount that is determined not to have been payable to or
on behalf of a claimant in any final administrative or judicial
proceeding. The self-insuring employer shall exclude such amounts
from the paid compensation reported in the reporting period
subsequent to the date the determination is made. The administrator
shall adopt rules, in accordance with Chapter 119. of the Revised
Code, that provide for all of the following:

(1)
Establishing the date by which self-insuring employers must submit
such information and the amount of the assessments provided for in
division (J) of this section for employers who have been granted
self-insuring status within the last calendar year;

(2)
If an employer fails to pay the assessment when due, the
administrator may add a late fee penalty of not more than five
hundred dollars to the assessment plus an additional penalty amount
as follows:

(a)
For an assessment from sixty-one to ninety days past due, the prime
interest rate, multiplied by the assessment due;

(b)
For an assessment from ninety-one to one hundred twenty days past
due, the prime interest rate plus two per cent, multiplied by the
assessment due;

(c)
For an assessment from one hundred twenty-one to one hundred fifty
days past due, the prime interest rate plus four per cent, multiplied
by the assessment due;

(d)
For an assessment from one hundred fifty-one to one hundred eighty
days past due, the prime interest rate plus six per cent, multiplied
by the assessment due;

(e)
For an assessment from one hundred eighty-one to two hundred ten days
past due, the prime interest rate plus eight per cent, multiplied by
the assessment due;

(f)
For each additional thirty-day period or portion thereof that an
assessment remains past due after it has remained past due for more
than two hundred ten days, the prime interest rate plus eight per
cent, multiplied by the assessment due.

(3)
An employer may appeal a late fee penalty and penalty assessment to
the administrator.

For
purposes of division (L)(2) of this section, "prime interest
rate" means the average bank prime rate, and the administrator
shall determine the prime interest rate in the same manner as a
county auditor determines the average bank prime rate under section
929.02 of the Revised Code.

The
administrator shall include any assessment and penalties that remain
unpaid for previous assessment periods in the calculation and
collection of any assessments due under this division or division (J)
of this section.

(M)
As used in this section, "paid compensation" means all
amounts paid by a self-insuring employer for living maintenance
benefits, all amounts for compensation paid pursuant to sections
4121.63, 4121.67, 4123.56, 4123.57, 4123.58, 4123.59, 4123.60, and
4123.64 of the Revised Code, all amounts paid as wages in lieu of
such compensation, all amounts paid in lieu of such compensation
under a nonoccupational accident and sickness program fully funded by
the self-insuring employer, and all amounts paid by a self-insuring
employer for a violation of a specific safety standard pursuant to
Section 35 of Article II, Ohio Constitution and section 4121.47 of
the Revised Code.

(N)
Should any section of this chapter or Chapter 4121. of the Revised
Code providing for self-insuring employers' assessments based upon
compensation paid be declared unconstitutional by a final decision of
any court, then that section of the Revised Code declared
unconstitutional shall revert back to the section in existence prior
to November 3, 1989, providing for assessments based upon payroll.

(O)
The administrator may grant a self-insuring employer the privilege to
self-insure a construction project entered into by the self-insuring
employer that is scheduled for completion within six years after the
date the project begins, and the total cost of which is estimated to
exceed one hundred million dollars or, for employers described in
division (R) of this section, if the construction project is
estimated to exceed twenty-five million dollars. The administrator
may waive such cost and time criteria and grant a self-insuring
employer the privilege to self-insure a construction project
regardless of the time needed to complete the construction project
and provided that the cost of the construction project is estimated
to exceed fifty million dollars. A self-insuring employer who desires
to self-insure a construction project shall submit to the
administrator an application listing the dates the construction
project is scheduled to begin and end, the estimated cost of the
construction project, the contractors and subcontractors whose
employees are to be self-insured by the self-insuring employer, the
provisions of a safety program that is specifically designed for the
construction project, and a statement as to whether a collective
bargaining agreement governing the rights, duties, and obligations of
each of the parties to the agreement with respect to the construction
project exists between the self-insuring employer and a labor
organization.

A
self-insuring employer may apply to self-insure the employees of
either of the following:

(1)
All contractors and subcontractors who perform labor or work or
provide materials for the construction project;

(2)
All contractors and, at the administrator's discretion, a substantial
number of all the subcontractors who perform labor or work or provide
materials for the construction project.

Upon
approval of the application, the administrator shall mail a
certificate granting the privilege to self-insure the construction
project to the self-insuring employer. The certificate shall contain
the name of the self-insuring employer and the name, address, and
telephone number of the self-insuring employer's representatives who
are responsible for administering workers' compensation claims for
the construction project. The self-insuring employer shall post the
certificate in a conspicuous place at the site of the construction
project.

The
administrator shall maintain a record of the contractors and
subcontractors whose employees are covered under the certificate
issued to the self-insured employer. A self-insuring employer
immediately shall notify the administrator when any contractor or
subcontractor is added or eliminated from inclusion under the
certificate.

Upon
approval of the application, the self-insuring employer is
responsible for the administration and payment of all claims under
this chapter and Chapter 4121. of the Revised Code for the employees
of the contractor and subcontractors covered under the certificate
who receive injuries or are killed in the course of and arising out
of employment on the construction project, or who contract an
occupational disease in the course of employment on the construction
project. For purposes of this chapter and Chapter 4121. of the
Revised Code, a claim that is administered and paid in accordance
with this division is considered a claim against the self-insuring
employer listed in the certificate. A contractor or subcontractor
included under the certificate shall report to the self-insuring
employer listed in the certificate, all claims that arise under this
chapter and Chapter 4121. of the Revised Code in connection with the
construction project for which the certificate is issued.

A
self-insuring employer who complies with this division is entitled to
the protections provided under this chapter and Chapter 4121. of the
Revised Code with respect to the employees of the contractors and
subcontractors covered under a certificate issued under this division
for death or injuries that arise out of, or death, injuries, or
occupational diseases that arise in the course of, those employees'
employment on that construction project, as if the employees were
employees of the self-insuring employer, provided that the
self-insuring employer also complies with this section. No employee
of the contractors and subcontractors covered under a certificate
issued under this division shall be considered the employee of the
self-insuring employer listed in that certificate for any purposes
other than this chapter and Chapter 4121. of the Revised Code.
Nothing in this division gives a self-insuring employer authority to
control the means, manner, or method of employment of the employees
of the contractors and subcontractors covered under a certificate
issued under this division.

The
contractors and subcontractors included under a certificate issued
under this division are entitled to the protections provided under
this chapter and Chapter 4121. of the Revised Code with respect to
the contractor's or subcontractor's employees who are employed on the
construction project which is the subject of the certificate, for
death or injuries that arise out of, or death, injuries, or
occupational diseases that arise in the course of, those employees'
employment on that construction project.

The
contractors and subcontractors included under a certificate issued
under this division shall identify in their payroll records the
employees who are considered the employees of the self-insuring
employer listed in that certificate for purposes of this chapter and
Chapter 4121. of the Revised Code, and the amount that those
employees earned for employment on the construction project that is
the subject of that certificate. Notwithstanding any provision to the
contrary under this chapter and Chapter 4121. of the Revised Code,
the administrator shall exclude the payroll that is reported for
employees who are considered the employees of the self-insuring
employer listed in that certificate, and that the employees earned
for employment on the construction project that is the subject of
that certificate, when determining those contractors' or
subcontractors' premiums or assessments required under this chapter
and Chapter 4121. of the Revised Code. A self-insuring employer
issued a certificate under this division shall include in the amount
of paid compensation it reports pursuant to division (L) of this
section, the amount of paid compensation the self-insuring employer
paid pursuant to this division for the previous calendar year.

Nothing
in this division shall be construed as altering the rights of
employees under this chapter and Chapter 4121. of the Revised Code as
those rights existed prior to September 17, 1996. Nothing in this
division shall be construed as altering the rights devolved under
sections 2305.31 and 4123.82 of the Revised Code as those rights
existed prior to September 17, 1996.

As
used in this division, "privilege to self-insure a construction
project" means privilege to pay individually compensation, and
to furnish medical, surgical, nursing, and hospital services and
attention and funeral expenses directly to injured employees or the
dependents of killed employees.

(P)
A self-insuring employer whose application is granted under division
(O) of this section shall designate a safety professional to be
responsible for the administration and enforcement of the safety
program that is specifically designed for the construction project
that is the subject of the application.

A
self-insuring employer whose application is granted under division
(O) of this section shall employ an ombudsperson for the construction
project that is the subject of the application. The ombudsperson
shall have experience in workers' compensation or the construction
industry, or both. The ombudsperson shall perform all of the
following duties:

(1)
Communicate with and provide information to employees who are injured
in the course of, or whose injury arises out of employment on the
construction project, or who contract an occupational disease in the
course of employment on the construction project;

(2)
Investigate the status of a claim upon the request of an employee to
do so;

(3)
Provide information to claimants, third party administrators,
employers, and other persons to assist those persons in protecting
their rights under this chapter and Chapter 4121. of the Revised
Code.

A
self-insuring employer whose application is granted under division
(O) of this section shall post the name of the safety professional
and the ombudsperson and instructions for contacting the safety
professional and the ombudsperson in a conspicuous place at the site
of the construction project.

(Q)
The administrator may consider all of the following when deciding
whether to grant a self-insuring employer the privilege to
self-insure a construction project as provided under division (O) of
this section:

(1)
Whether the self-insuring employer has an organizational plan for the
administration of the workers' compensation law;

(2)
Whether the safety program that is specifically designed for the
construction project provides for the safety of employees employed on
the construction project, is applicable to all contractors and
subcontractors who perform labor or work or provide materials for the
construction project, and has as a component, a safety training
program that complies with standards adopted pursuant to the
"Occupational Safety and Health Act of 1970," 84 Stat.
1590, 29 U.S.C.A. 651, and provides for continuing management and
employee involvement;

(3)
Whether granting the privilege to self-insure the construction
project will reduce the costs of the construction project;

(4)
Whether the self-insuring employer has employed an ombudsperson as
required under division (P) of this section;

(5)
Whether the self-insuring employer has sufficient surety to secure
the payment of claims for which the self-insuring employer would be
responsible pursuant to the granting of the privilege to self-insure
a construction project under division (O) of this section.

(R)
As used in divisions (O), (P), and (Q), "self-insuring employer"
includes the following employers, whether or not they have been
granted the status of being a self-insuring employer under division
(B) of this section:

(1)
A state institution of higher education;

(2)
A school district;

(3)
A county school financing district;

(4)
An educational service center;

(5)
A community school established under Chapter 3314. of the Revised
Code;

(6)
A municipal power agency as defined in section 3734.058 of the
Revised Code.

(S)
As used in this section:

(1)
"Unvoted debt capacity" means the amount of money that a
public employer may borrow without voter approval of a tax levy;

(2)
"State institution of higher education" means the state
universities listed in section 3345.011 of the Revised Code,
community colleges created pursuant to Chapter 3354. of the Revised
Code, university branches created pursuant to Chapter 3355. of the
Revised Code, technical colleges created pursuant to Chapter 3357. of
the Revised Code, and state community colleges created pursuant to
Chapter 3358. of the Revised Code.

Sec.
4123.351.
(A)
The administrator of workers' compensation shall require every
self-insuring employer, including any self-insuring employer that is
indemnified by a captive insurance company granted a certificate of
authority under Chapter 3964. of the Revised Code, to pay a
contribution, calculated under this section, to the self-insuring
employers' guaranty fund established pursuant to this section. The
fund shall provide for payment of compensation and benefits to
employees of the self-insuring employer in order to cover any default
in payment by that employer.

(B)
The bureau of workers' compensation shall operate the self-insuring
employers' guaranty fund for self-insuring employers. The
administrator annually shall establish the contributions due from
self-insuring employers for the fund at rates as low as possible but
such as will assure sufficient moneys to guarantee the payment of any
claims against the fund. The bureau's operation of the fund is not
subject to sections 3929.10 to 3929.18 of the Revised Code or to
regulation by the superintendent of insurance.

(C)
If a self-insuring employer defaults, the bureau shall recover the
amounts paid as a result of the default from the self-insuring
employers' guaranty fund. If a self-insuring employer defaults and is
in compliance with this section for the payment of contributions to
the fund, such self-insuring employer is entitled to the immunity
conferred by section 4123.74 of the Revised Code for any claim
arising during any period the employer is in compliance with this
section.

(D)(1)
There is hereby established a self-insuring employers' guaranty fund,
which shall be in the custody of the treasurer of state and which
shall be separate from the other funds established and administered
pursuant to this chapter. The fund shall consist of contributions and
other payments made by self-insuring employers under this section.
All investment earnings of the fund shall be credited to the fund.
The bureau shall make disbursements from the fund pursuant to this
section.

(2)
The administrator has the same powers to invest any of the surplus or
reserve belonging to the fund as are delegated to the administrator
under section 4123.44 of the Revised Code with respect to the state
insurance fund. The administrator shall apply interest earned solely
to the reduction of assessments for contributions from self-insuring
employers and to the payments required due to defaults.

(3)
If the bureau of workers' compensation board of directors determines
that reinsurance of the risks of the fund is necessary to assure
solvency of the fund, the board may:

(a)
Enter into contracts for the purchase of reinsurance coverage of the
risks of the fund with any company or agency authorized by law to
issue contracts of reinsurance;

(b)
Require the administrator to pay the cost of reinsurance from the
fund;

(c)
Include the costs of reinsurance as a liability and estimated
liability of the fund.

(E)
The administrator, with the advice and consent of the board, may
adopt
rules

a
rule
pursuant
to Chapter 119. of the Revised Code
for
the implementation of this section, including a rule
,
notwithstanding division (C) of this section, requiring self-insuring
employers to provide security in addition to the contribution to the
self-insuring employers' guaranty fund required by this section. The
additional security required by the rule, as the administrator
determines appropriate, shall be sufficient and adequate to provide
for financial assurance to meet the obligations of self-insuring
employers under this chapter and Chapter 4121. of the Revised Code.

(F)
The purchase of coverage under this section by self-insuring
employers is valid notwithstanding the prohibitions contained in
division (A) of section 4123.82 of the Revised Code and is in
addition to the indemnity contracts that self-insuring employers may
purchase pursuant to division (B) of section 4123.82 of the Revised
Code.

(G)
The administrator, on behalf of the self-insuring employers' guaranty
fund, has the rights of reimbursement and subrogation and shall
collect from a defaulting self-insuring employer or other liable
person all amounts the administrator has paid or reasonably expects
to pay from the fund on account of the defaulting self-insuring
employer.

(H)
The assessments for contributions, the administration of the
self-insuring employers' guaranty fund, the investment of the money
in the fund, and the payment of liabilities incurred by the fund do
not create any liability upon the state.

Except
for a gross abuse of discretion, neither the board, nor the
individual members thereof, nor the administrator shall incur any
obligation or liability respecting the assessments for contributions,
the administration of the self-insuring employers' guaranty fund, the
investment of the fund, or the payment of liabilities therefrom.

Sec.
4125.02.
The
administrator of workers' compensation shall adopt rules in
accordance with Chapter 119. of the Revised Code
to
administer and enforce this chapter, including rules
to
administer and enforce division (B) of section 4125.03 of the Revised
Code.

The
administrator may adopt rules for the acceptance of electronic
filings in accordance with Chapter 1306. of the Revised Code for
applications, documents, reports, and other filings required by this
chapter.

The
administrator may allow an independent assurance organization to act
on behalf of a professional employer organization or professional
employer organization reporting entity in complying with this chapter
and any rules adopted under it. The assurance organization shall be
approved by the administrator before acting on behalf of the
professional employer organization or the professional employer
organization reporting entity and shall abide by all standards and
procedures established by the administrator for that approval. The
administrator may permit a professional employer organization or
professional employer organization reporting entity to authorize an
assurance organization approved by the administrator to act on behalf
of the professional employer organization or professional employer
organization reporting entity, and the administrator shall specify
certain provisions of this chapter that may be satisfied by an
assurance organization acting with that authority. The rules shall
also stipulate that the use of an assurance organization by a
professional employer organization to comply with this chapter is not
required and is strictly voluntary.

Sec.
4133.02.
The
administrator of workers' compensation shall adopt rules in
accordance with Chapter 119. of the Revised Code
to
administer and enforce this chapter, including rules
to
administer and enforce division (E) of section 4133.03 of the Revised
Code.

The
administrator may adopt rules for the acceptance of electronic
filings in accordance with Chapter 1306. of the Revised Code for
applications, documents, reports, and other filings required by this
chapter.

Sec.
4141.06.
There
is hereby created an unemployment compensation review commission
consisting of three full-time members appointed by the governor, with
the advice and consent of the senate. Terms of office shall be
staggered and shall be for six years, commencing on the twenty-eighth
day of February and ending on the twenty-seventh day of February.
Each member shall hold office from the date of appointment until the
end of the term for which the member was appointed. Any member
appointed to fill a vacancy occurring prior to the expiration of the
term for which the member's predecessor was appointed shall hold
office for the remainder of such term. Any member shall continue in
office subsequent to the expiration date of the member's term until
the member's successor takes office, or until a period of sixty days
has elapsed, whichever occurs first. The chairperson of the
commission and each member shall be paid a salary fixed pursuant to
section 124.14 of the Revised Code. The governor, at any time, may
remove any member for inefficiency, neglect of duty, malfeasance,
misfeasance, or nonfeasance in office.

Not
more than one of the appointees to the commission shall be a person
who, on account of the appointee's previous vocation, employment, or
affiliations, can be classed as a representative of employers, and
not more than one of the appointees shall be a person who, on account
of the appointee's previous vocation, employment, or affiliations,
can be classed as a representative of employees. Not more than two of
the members of the commission shall belong to the same political
party. No member of the commission shall hold any office of trust or
profit or engage in any occupation or business interfering or
inconsistent with the member's duties as a member and no member shall
serve on any committee of any political party. The commission shall
elect a chairperson and a vice-chairperson. The vice-chairperson
shall exercise the powers of the chairperson in the chairperson's
absence.

No
commission member shall participate in the disposition of any appeal
in which the member has an interest in the controversy. Challenges to
the interest of any commission member may be made by any interested
party defined in division (I) of section 4141.01 of the Revised Code
and shall be in writing. All challenges shall be decided by the
chairperson of the advisory council, who, if the challenge is found
to be well taken, shall advise the governor, who shall appoint a
member of the advisory council representing the same affiliations to
act and receive the same compensation for serving in place of such
member.

The
commission may appoint a secretary to hold office at its pleasure.
The secretary shall have such powers and shall perform such duties as
the commission prescribes and shall keep a record of the proceedings
of the commission and of its determinations. The secretary shall
receive a salary fixed pursuant to section 124.14 of the Revised
Code. Notwithstanding division (A)(8) of section 124.11 of the
Revised Code, each member of the commission may appoint a private
secretary who shall be in the classified service of the state and
hold office at the pleasure of such member.

Two
members of the commission constitute a quorum and no action of the
commission is valid unless it has the concurrence of at least two
members. A vacancy on the commission does not impair the right of a
quorum to exercise all the rights and perform all the duties of the
commission.

The
commission and its hearing officers shall hear appeals arising from
determinations of the director of job and family services involving
claims for compensation and other unemployment compensation issues.
The commission shall
adopt,
amend, or rescind rules of procedure, and
undertake
such investigations
,

and take such action required for the hearing and disposition of
appeals as it deems necessary and consistent with this chapter.

The rules adopted by the commission shall be effective to the extent
that the rules are consistent with this chapter.

The
commission, subject to Chapter 124. of the Revised Code, and with the
approval of the governor, shall appoint such hearing officers as are
necessary. The hearing officers shall be classified by the department
of administrative services. Any promotions or increases in
compensation of the hearing officers may be recommended by the
commission subject to classifications which are made by the
department of administrative services. The members of the commission
and hearing officers may conduct hearings for unemployment
compensation appeals coming before the commission. The members and
hearing officers may exercise all powers provided by section 4141.17
of the Revised Code.

The
commission, subject to Chapter 124. of the Revised Code, may employ
such support personnel as are needed to carry out the duties of the
commission. The salaries of such employees are fixed pursuant to
section 124.14 of the Revised Code. The commission shall further
provide itself and its employees with such offices, equipment, and
supplies as are necessary, using those already provided for the
department of job and family services wherever possible.

The
commission shall have access to only the records of the department of
job and family services that are necessary for the administration of
this chapter and needed in the performance of its official duties.
The commission shall have the right to request of the director
necessary information from any work unit of the department having
that information.

The
commission shall prepare and submit to the director an annual budget
financing the costs necessary to administer its duties under this
chapter. The fund request shall relate to, but not be limited to, the
United States department of labor's allocations for the commission's
functions. The director shall approve the commission's request unless
funds are insufficient to finance the request. The director shall
notify the commission of the amount of funds available for its
operation, as soon as possible, but not later than thirty days after
receiving the allocation from the United States department of labor.

In
the event that the director determines that sufficient funds are not
available to approve the request as submitted and a revised budget is
not agreed to within thirty days of the director's notification to
the commission, the director of budget and management shall review
and determine the funding levels for the commission and notify the
commission and the director of the determination by the director of
budget and management.

As
used in this section only, "office of trust or profit"
means:

(A)
A federal or state elective office or an elected office of a
political subdivision of the state;

(B)
A position on a board or commission of the state that is appointed by
the governor;

(C)
An office set forth in section 121.03, 121.04, or 121.05 of the
Revised Code;

(D)
An office of the government of the United States that is appointed by
the president of the United States.

Sec.
4141.13.
(A)
In addition to all other duties imposed on the director of job and
family services and powers granted by this chapter, the director may:

(1)
Adopt and enforce
reasonable
rules relative to the exercise of the director's powers and
authority, and
proper
rules to govern the director's proceedings and to regulate the mode
and manner of all investigations and hearings;

(2)
Prescribe the time, place, and manner of making claims for benefits
under such sections, the kind and character of notices required
thereunder, the procedure for investigating, hearing, and deciding
claims, the nature and extent of the proofs and evidence and the
method of furnishing and taking such proofs and evidence to establish
the right to benefits, and the method and time within which
adjudication and awards shall be made;

(3)
Adopt rules with respect to the collection, maintenance, and
disbursement of the unemployment and administrative funds;

(4)

Amend
and modify any of the director's rules from time to time in such
respects as the director finds necessary or desirable;

(5)

Authorize
a designee to hold or undertake an investigation, inquiry, or hearing
that the director is authorized to hold or undertake. An order of a
designee authorized pursuant to this section is the order of the
director.

(6)
(5)

Appoint advisors or advisory employment committees, by local
districts or by industries, who shall, without compensation but with
reimbursements for necessary expenses, assist the director in the
execution of the director's duties;

(7)
(6)

Require all employers, including employers not otherwise subject to
this chapter, to furnish to the director information concerning the
amount of wages paid, the number of employees employed and the
regularity of their employment, the number of employees hired, laid
off, and discharged from time to time and the reasons therefor and
the numbers that quit voluntarily, and other and further information
respecting any other facts required for the proper administration of
this chapter;

(8)
(7)

Classify generally industries, businesses, occupations, and
employments, and employers individually, as to the hazard of
unemployment in each business, industry, occupation, or employment,
and as to the particular hazard of each employer, having special
reference to the conditions of regularity and irregularity of the
employment provided by such employer and of the fluctuations in
payrolls of such employer;

(9)
(8)

Determine the contribution rates upon employers subject to this
chapter, and provide for the levy and collection of the contributions
from such employers;

(10)
(9)

Receive, hear, and decide claims for unemployment benefits, and
provide for the payment of such claims as are allowed;

(11)
(10)

Promote the regularization of employment and the prevention of
unemployment;

(12)
(11)

Encourage and assist in the adoption of practical methods of
vocational training, retraining, and vocational guidance;

(13)
(12)

Investigate, recommend, and advise and assist in the establishment
and operation by municipal corporations, counties, school districts,
and the state of prosperity reserves of public work to be prosecuted
in times of business depression and unemployment;

(14)
(13)

Promote the re-employment of unemployed workers throughout the state
in any other way that may be feasible, and take all appropriate steps
within the director's means to reduce and prevent unemployment;

(15)
(14)

Carry on and publish the results of any investigations and research
that the director deems relevant;

(16)
(15)

Make such reports to the proper agency of the United States created
by the "Social Security Act" as that agency requires, and
comply with such provisions as the agency finds necessary to assure
the correctness and verification of such reports;

(17)
(16)

Make available upon request to any agency of the United States
charged with the administration of public works or assistance through
public employment the name, address, ordinary occupation, and
employment status of each recipient of unemployment benefits under
this chapter, and a statement of such recipient's rights to further
benefits under this chapter;

(18)
(17)

Make such investigations, secure and transmit such information, make
available such services and facilities, and exercise such of the
other powers provided by this section with respect to the
administration of this chapter, as the director deems necessary or
appropriate to facilitate the administration of the unemployment
compensation law or public employment service laws of this state and
of other states and the United States, and in like manner accept and
utilize information, services, and facilities made available to this
state by the agency charged with the administration of any such other
unemployment compensation or public employment service laws;

(19)
(18)

Enter into or cooperate in arrangements whereby facilities and
services provided under the unemployment compensation law of Canada
may be utilized for the taking of claims and the payment of benefits
under the unemployment compensation law of this state or under a
similar law of Canada;

(20)
(19)

Transfer surplus computers and computer equipment directly to a
chartered public school within the state, notwithstanding sections
125.12 to 125.14 of the Revised Code. The computers and computer
equipment may be repaired or refurbished prior to the transfer, and
the public school may be charged a service fee not to exceed the
direct cost of repair or refurbishing.

(B)(1)
The director shall do all of the following:

(a)
Develop a written strategic staffing plan to be implemented whenever
there is a substantial increase or a substantial decrease in the
number of inquiries or claims for benefits and review the plan in
accordance with division (B)(3) of this section;

(b)
Create, in a single place on the web site maintained by the director,
a list of all of the points of contact through which an applicant for
or a recipient of benefits under this chapter or an employer may
submit inquiries related to this chapter;

(c)
Adopt rules creating a uniform process through which an applicant for
or a recipient of benefits under this chapter or an employer may
submit a complaint related to the service the applicant, recipient,
or employer received.

(2)
The director shall include all of the following in the plan required
under division (B)(1)(a) of this section:

(a)
An explanation of how, if at all, the director will utilize employees
employed by the director who do not ordinarily perform services
related to unemployment compensation;

(b)
An explanation of how, if at all, the director will utilize employees
employed by other state agencies;

(c)
An explanation of how, if at all, the director will utilize employees
provided by private entities.

(3)
For purposes of division (B)(1)(a) of this section, the director
shall develop the initial plan required under that division and, not
later than the date that is six months after the first meeting of the
unemployment compensation modernization and improvement council,
provide it to the council, the president of the senate, the speaker
of the house of representatives, and the governor. The director shall
review the plan at least once a year. If, after reviewing the plan,
the director determines that the plan should be revised, the director
shall revise the plan. After each review of the plan required under
this division, the director shall provide the most recent version of
the plan to the council, the president of the senate, the speaker of
the house of representatives, and the governor. The director shall
post the most recent version of the plan on a publicly viewable web
site maintained by the director.

Sec.
4141.29.
Each
eligible individual shall receive benefits as compensation for loss
of remuneration due to involuntary total or partial unemployment in
the amounts and subject to the conditions stipulated in this chapter.

(A)
No individual is entitled to a waiting period or benefits for any
week unless the individual:

(1)
Has filed a valid application for determination of benefit rights in
accordance with section 4141.28 of the Revised Code;

(2)
Has made a claim for benefits in accordance with section 4141.28 of
the Revised Code;

(3)(a)
Has registered for work and thereafter continues to report to an
employment office or other registration place maintained or
designated by the director of job and family services. Registration
shall be made in accordance with the time limits, frequency, and
manner prescribed by the director.

(b)
For purposes of division (A)(3) of this section, an individual has
"registered" upon doing any of the following:

(i)
Filing an application for benefit rights;

(ii)
Making a weekly claim for benefits;

(iii)
Reopening an existing claim following a period of employment or
nonreporting.

(c)
After an applicant is registered, that registration continues for a
period of three calendar weeks, including the week during which the
applicant registered. However, an individual is not registered for
purposes of division (A)(3) of this section during any period in
which the individual fails to report, as instructed by the director,
or fails to reopen an existing claim following a period of
employment.

(d)
The director may, for good cause, extend the period of registration.

(e)
For purposes of this section, "report" means contact by
phone, access electronically, or be present for an in-person
appointment, as designated by the director.

(4)(a)(i)
Is able to work and available for suitable work and, except as
provided in division (A)(4)(a)(ii) or (iii) of this section, is
actively seeking suitable work either in a locality in which the
individual has earned wages subject to this chapter during the
individual's base period, or if the individual leaves that locality,
then in a locality where suitable work normally is performed.

(ii)
The director may waive the requirement that a claimant be actively
seeking work when the director finds that the individual has been
laid off and the employer who laid the individual off has notified
the director within ten days after the layoff, that work is expected
to be available for the individual within a specified number of days
not to exceed forty-five calendar days following the last day the
individual worked. In the event the individual is not recalled within
the specified period, this waiver shall cease to be operative with
respect to that layoff.

(iii)
The director may waive the requirement that a claimant be actively
seeking work if the director determines that the individual has been
laid off and the employer who laid the individual off has notified
the director in accordance with division (C) of section 4141.28 of
the Revised Code that the employer has closed the employer's entire
plant or part of the employer's plant for a purpose other than
inventory or vacation that will cause unemployment for a definite
period not exceeding twenty-six weeks beginning on the date the
employer notifies the director, for the period of the specific
shutdown, if all of the following apply:

(I)
The employer and the individuals affected by the layoff who are
claiming benefits under this chapter jointly request the exemption.

(II)
The employer provides that the affected individuals shall return to
work for the employer within twenty-six weeks after the date the
employer notifies the director.

(III)
The director determines that the waiver of the active search for work
requirement will promote productivity and economic stability within
the state.

(iv)
Division (A)(4)(a)(iii) of this section does not exempt an individual
from meeting the other requirements specified in division
(A)(4)(a)(i) of this section to be able to work and otherwise fully
be available for work. An exemption granted under division
(A)(4)(a)(iii) of this section may be granted only with respect to a
specific plant closing.

(b)(i)
The individual shall be instructed as to the efforts that the
individual must make in the search for suitable work, including that,
within six months after October 11, 2013, the individual shall
register with the OhioMeansJobs web site, except in any of the
following circumstances:

(I)
The individual is an individual described in division (A)(4)(b)(iii)
of this section;

(II)
Where the active search for work requirement has been waived under
division (A)(4)(a) of this section;

(III)
Where the active search for work requirement is considered to be met
under division (A)(4)(c), (d), or (e) of this section.

(ii)
An individual who is registered with the OhioMeansJobs web site shall
receive a weekly listing of available jobs based on information
provided by the individual at the time of registration. For each week
that the individual claims benefits, the individual shall keep a
record of the individual's work search efforts and shall produce that
record in the manner and means prescribed by the director.

(iii)
No individual shall be required to register with the OhioMeansJobs
web site if the individual is legally prohibited from using a
computer, has a physical or visual impairment that makes the
individual unable to use a computer, or has a limited ability to
read, write, speak, or understand a language in which the
OhioMeansJobs web site is available.

(iv)
As used in division (A)(4)(b) of this section:

(I)
"OhioMeansJobs web site" has the same meaning as in section
6301.01 of the Revised Code.

(II)
"Registration" includes the creation, electronic posting,
and maintenance of an active, searchable resume.

(c)
An individual who is attending a training course approved by the
director meets the requirement of this division, if attendance was
recommended by the director and the individual is regularly attending
the course and is making satisfactory progress. An individual also
meets the requirements of this division if the individual is
participating and advancing in a training program, as defined in
division (P) of section 5709.61 of the Revised Code, and if an
enterprise, defined in division (B) of section 5709.61 of the Revised
Code, is paying all or part of the cost of the individual's
participation in the training program with the intention of hiring
the individual for employment as a new employee, as defined in
division (L) of section 5709.61 of the Revised Code, for at least
ninety days after the individual's completion of the training
program.

(d)
An individual who becomes unemployed while attending a regularly
established school and whose base period qualifying weeks were earned
in whole or in part while attending that school, meets the
availability and active search for work requirements of division
(A)(4)(a) of this section if the individual regularly attends the
school during weeks with respect to which the individual claims
unemployment benefits and makes self available on any shift of hours
for suitable employment with the individual's most recent employer or
any other employer in the individual's base period, or for any other
suitable employment to which the individual is directed, under this
chapter.

(e)
An individual who is a member in good standing with a labor
organization that refers individuals to jobs meets the active search
for work requirement specified in division (A)(4)(a) of this section
if the individual provides documentation that the individual is
eligible for a referral or placement upon request and in a manner
prescribed by the director.

(f)
Notwithstanding any other provisions of this section, no otherwise
eligible individual shall be denied benefits for any week because the
individual is in training approved under section 236(a)(1) of the
"Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2296, nor
shall that individual be denied benefits by reason of leaving work to
enter such training, provided the work left is not suitable
employment, or because of the application to any week in training of
provisions in this chapter, or any applicable federal unemployment
compensation law, relating to availability for work, active search
for work, or refusal to accept work.

For
the purposes of division (A)(4)(f) of this section, "suitable
employment" means with respect to an individual, work of a
substantially equal or higher skill level than the individual's past
adversely affected employment, as defined for the purposes of the
"Trade Act of 1974," 88 Stat. 1978, 19 U.S.C.A. 2101, and
wages for such work at not less than eighty per cent of the
individual's average weekly wage as determined for the purposes of
that federal act.

(5)
Is unable to obtain suitable work.

(6)
Participates in reemployment services, such as job search assistance
services, if the individual has been determined to be likely to
exhaust benefits under this chapter, including compensation payable
pursuant to 5 U.S.C.A. Chapter 85, other than extended compensation,
and needs reemployment services pursuant to the profiling system
established by the director under division (K) of this section,
unless the director determines that:

(a)
The individual has completed such services; or

(b)
There is justifiable cause for the claimant's failure to participate
in such services.

Ineligibility
for failure to participate in reemployment services as described in
division (A)(6) of this section shall be for the week or weeks in
which the claimant was scheduled and failed to participate without
justifiable cause.

(7)
Participates in the reemployment and eligibility assessment program,
or other reemployment services, as required by the director. As used
in division (A)(7) of this section, "reemployment services"
includes job search assistance activities, skills assessments, and
the provision of labor market statistics or analysis.

(a)
For purposes of division (A)(7) of this section, participation is
required unless the director determines that either of the following
circumstances applies to the individual:

(i)
The individual has completed similar services.

(ii)
Justifiable cause exists for the failure of the individual to
participate in those services.

(b)
Within six months after October 11, 2013, notwithstanding any earlier
contact an individual may have had with a local OhioMeansJobs center,
as defined in section 6301.01 of the Revised Code, beginning with the
eighth week after the week during which an individual first files a
valid application for determination of benefit rights in the
individual's benefit year, the individual shall report to a local
OhioMeansJobs center for reemployment services in the manner
prescribed by the director.

(c)
An individual whose active search for work requirement has been
waived under division (A)(4)(a) of this section or is considered to
be satisfied under division (A)(4)(c), (d), or (e) of this section is
exempt from the requirements of division (A)(7) of this section.

(B)
An individual suffering total or partial unemployment is eligible for
benefits for unemployment occurring subsequent to a waiting period of
one week and no benefits shall be payable during this required
waiting period. Not more than one week of waiting period shall be
required of any individual in any benefit year in order to establish
the individual's eligibility for total or partial unemployment
benefits.

(C)
The waiting period for total or partial unemployment shall commence
on the first day of the first week with respect to which the
individual first files a claim for benefits at an employment office
or other place of registration maintained or designated by the
director or on the first day of the first week with respect to which
the individual has otherwise filed a claim for benefits in accordance
with the rules of the department of job and family services, provided
such claim is allowed by the director.

(D)
Notwithstanding division (A) of this section, no individual may serve
a waiting period or be paid benefits under the following conditions:

(1)
For any week with respect to which the director finds that:

(a)
The individual's unemployment was due to a labor dispute other than a
lockout at any factory, establishment, or other premises located in
this or any other state and owned or operated by the employer by
which the individual is or was last employed; and for so long as the
individual's unemployment is due to such labor dispute. No individual
shall be disqualified under this provision if either of the following
applies:

(i)
The individual's employment was with such employer at any factory,
establishment, or premises located in this state, owned or operated
by such employer, other than the factory, establishment, or premises
at which the labor dispute exists, if it is shown that the individual
is not financing, participating in, or directly interested in such
labor dispute;

(ii)
The individual's employment was with an employer not involved in the
labor dispute but whose place of business was located within the same
premises as the employer engaged in the dispute, unless the
individual's employer is a wholly owned subsidiary of the employer
engaged in the dispute, or unless the individual actively
participates in or voluntarily stops work because of such dispute. If
it is established that the claimant was laid off for an indefinite
period and not recalled to work prior to the dispute, or was
separated by the employer prior to the dispute for reasons other than
the labor dispute, or that the individual obtained a bona fide job
with another employer while the dispute was still in progress, such
labor dispute shall not render the employee ineligible for benefits.

(b)
The individual has been given a disciplinary layoff for misconduct in
connection with the individual's work.

(2)
For the duration of the individual's unemployment if the director
finds that:

(a)
The individual quit work without just cause or has been discharged
for just cause in connection with the individual's work, provided
division (D)(2) of this section does not apply to the separation of a
person under any of the following circumstances:

(i)
Separation from employment for the purpose of entering the armed
forces of the United States if the individual is inducted into the
armed forces within one of the following periods:

(I)
Thirty days after separation;

(II)
One hundred eighty days after separation if the individual's date of
induction is delayed solely at the discretion of the armed forces.

(ii)
Separation from employment pursuant to a labor-management contract or
agreement, or pursuant to an established employer plan, program, or
policy, which permits the employee, because of lack of work, to
accept a separation from employment;

(iii)
The individual has left employment to accept a recall from a prior
employer or, except as provided in division (D)(2)(a)(iv) of this
section, to accept other employment as provided under section
4141.291 of the Revised Code, or left or was separated from
employment that was concurrent employment at the time of the most
recent separation or within six weeks prior to the most recent
separation where the remuneration, hours, or other conditions of such
concurrent employment were substantially less favorable than the
individual's most recent employment and where such employment, if
offered as new work, would be considered not suitable under the
provisions of divisions (E) and (F) of this section. Any benefits
that would otherwise be chargeable to the account of the employer
from whom an individual has left employment or was separated from
employment that was concurrent employment under conditions described
in division (D)(2)(a)(iii) of this section, shall instead be charged
to the mutualized account created by division (B) of section 4141.25
of the Revised Code, except that any benefits chargeable to the
account of a reimbursing employer under division (D)(2)(a)(iii) of
this section shall be charged to the account of the reimbursing
employer and not to the mutualized account, except as provided in
division (D)(2) of section 4141.24 of the Revised Code.

(iv)
When an individual has been issued a definite layoff date by the
individual's employer and before the layoff date, the individual
quits to accept other employment, the provisions of division
(D)(2)(a)(iii) of this section apply and no disqualification shall be
imposed under division (D) of this section. However, if the
individual fails to meet the employment and earnings requirements of
division (A)(2) of section 4141.291 of the Revised Code, then the
individual, pursuant to division (A)(5) of this section, shall be
ineligible for benefits for any week of unemployment that occurs
prior to the layoff date.

(v)
The individual's spouse is a member of the armed forces of the United
States who is on active duty or a member of the commissioned corps of
the national oceanic and atmospheric administration or public health
service, the spouse is the subject of a transfer, the individual left
employment to accompany the individual's spouse to a location from
which it is impractical to commute to the individual's place of
employment, and upon arrival at the new place of residence, the
individual is in all respects able and available for suitable work.
For purposes of division (D)(2)(a)(v) of this section, "active
duty" and "armed forces" have the same meanings as in
10 U.S.C. 101.

(b)
The individual has refused without good cause to accept an offer of
suitable work when made by an employer either in person or to the
individual's last known address, or has refused or failed to
investigate a referral to suitable work when directed to do so by a
local employment office of this state or another state, provided that
this division shall not cause a disqualification for a waiting week
or benefits under the following circumstances:

(i)
When work is offered by the individual's employer and the individual
is not required to accept the offer pursuant to the terms of the
labor-management contract or agreement; or

(ii)
When the individual is attending a training course pursuant to
division (A)(4) of this section except, in the event of a refusal to
accept an offer of suitable work or a refusal or failure to
investigate a referral, benefits thereafter paid to such individual
shall not be charged to the account of any employer and, except as
provided in division (B)(1)(b) of section 4141.241 of the Revised
Code, shall be charged to the mutualized account as provided in
division (B) of section 4141.25 of the Revised Code.

(c)
Such individual quit work to marry or because of marital, parental,
filial, or other domestic obligations.

(d)
The individual became unemployed by reason of commitment to any
correctional institution.

(e)
The individual became unemployed because of dishonesty in connection
with the individual's most recent or any base period work.
Remuneration earned in such work shall be excluded from the
individual's total base period remuneration and qualifying weeks that
otherwise would be credited to the individual for such work in the
individual's base period shall not be credited for the purpose of
determining the total benefits to which the individual is eligible
and the weekly benefit amount to be paid under section 4141.30 of the
Revised Code. Such excluded remuneration and noncredited qualifying
weeks shall be excluded from the calculation of the maximum amount to
be charged, under division (D) of section 4141.24 and section 4141.33
of the Revised Code, against the accounts of the individual's base
period employers. In addition, no benefits shall thereafter be paid
to the individual based upon such excluded remuneration or
noncredited qualifying weeks.

For
purposes of division (D)(2)(e) of this section, "dishonesty"
means the commission of substantive theft, fraud, or deceitful acts.

(3)
For purposes of division (D)(2)(a) of this section, an individual
shall be considered to have quit work without just cause if all of
the following apply:

(a)
The individual is provided temporary work assignments by the
individual's employer under agreed terms and conditions of
employment.

(b)
The individual is required pursuant to those terms and conditions to
inquire with the individual's employer for available work assignments
upon the conclusion of each work assignment.

(c)
Suitable work assignments are available with the employer, but the
individual fails to contact the employer to inquire about work
assignments.

(E)
No individual otherwise qualified to receive benefits shall lose the
right to benefits by reason of a refusal to accept new work if:

(1)
As a condition of being so employed the individual would be required
to join a company union, or to resign from or refrain from joining
any bona fide labor organization, or would be denied the right to
retain membership in and observe the lawful rules of any such
organization.

(2)
The position offered is vacant due directly to a strike, lockout, or
other labor dispute.

(3)
The work is at an unreasonable distance from the individual's
residence, having regard to the character of the work the individual
has been accustomed to do, and travel to the place of work involves
expenses substantially greater than that required for the
individual's former work, unless the expense is provided for.

(4)
The remuneration, hours, or other conditions of the work offered are
substantially less favorable to the individual than those prevailing
for similar work in the locality.

(F)
Subject to the special exceptions contained in division (A)(4)(f) of
this section and section 4141.301 of the Revised Code, in determining
whether any work is suitable for a claimant in the administration of
this chapter, the director, in addition to the determination required
under division (E) of this section, shall consider the degree of risk
to the claimant's health, safety, and morals, the individual's
physical fitness for the work, the individual's prior training and
experience, the length of the individual's unemployment, the distance
of the available work from the individual's residence, and the
individual's prospects for obtaining local work.

(G)
The "duration of unemployment" as used in this section
means the full period of unemployment next ensuing after a separation
from any base period or subsequent work and until an individual has
become reemployed in employment subject to this chapter, or the
unemployment compensation act of another state, or of the United
States, and until such individual has worked six weeks and for those
weeks has earned or been paid remuneration equal to six times an
average weekly wage of not less than: eighty-five dollars and ten
cents per week beginning on June 26, 1990; and beginning on and after
January 1, 1992, twenty-seven and one-half per cent of the statewide
average weekly wage as computed each first day of January under
division (B)(3) of section 4141.30 of the Revised Code, rounded down
to the nearest dollar, except for purposes of division (D)(2)(c) of
this section, such term means the full period of unemployment next
ensuing after a separation from such work and until such individual
has become reemployed subject to the terms set forth above, and has
earned wages equal to one-half of the individual's average weekly
wage or sixty dollars, whichever is less.

(H)
If a claimant is disqualified under division (D)(2)(a), (c), or (d)
of this section or found to be qualified under the exceptions
provided in division (D)(2)(a)(i), (iii), (iv), or (v) of this
section or division (A)(2) of section 4141.291 of the Revised Code,
then benefits that may become payable to such claimant, which are
chargeable to the account of the employer from whom the individual
was separated under such conditions, shall be charged to the
mutualized account provided in section 4141.25 of the Revised Code,
provided that no charge shall be made to the mutualized account for
benefits chargeable to a reimbursing employer, except as provided in
division (D)(2) of section 4141.24 of the Revised Code. In the case
of a reimbursing employer, the director shall refund or credit to the
account of the reimbursing employer any over-paid benefits that are
recovered under division (B) of section 4141.35 of the Revised Code.
Amounts chargeable to other states, the United States, or Canada that
are subject to agreements and arrangements that are established
pursuant to section 4141.43 of the Revised Code shall be credited or
reimbursed according to the agreements and arrangements to which the
chargeable amounts are subject.

(I)(1)
Benefits based on service in employment as provided in divisions
(B)(2)(a) and (b) of section 4141.01 of the Revised Code shall be
payable in the same amount, on the same terms, and subject to the
same conditions as benefits payable on the basis of other service
subject to this chapter; except that after December 31, 1977:

(a)
Benefits based on service in an instructional, research, or principal
administrative capacity in an institution of higher education, as
defined in division (Y) of section 4141.01 of the Revised Code; or
for an educational institution as defined in division (CC) of section
4141.01 of the Revised Code, shall not be paid to any individual for
any week of unemployment that begins during the period between two
successive academic years or terms, or during a similar period
between two regular but not successive terms or during a period of
paid sabbatical leave provided for in the individual's contract, if
the individual performs such services in the first of those academic
years or terms and has a contract or a reasonable assurance that the
individual will perform services in any such capacity for any such
institution in the second of those academic years or terms.

(b)
Benefits based on service for an educational institution or an
institution of higher education in other than an instructional,
research, or principal administrative capacity, shall not be paid to
any individual for any week of unemployment which begins during the
period between two successive academic years or terms of the
employing educational institution or institution of higher education,
provided the individual performed those services for the educational
institution or institution of higher education during the first such
academic year or term and, there is a reasonable assurance that such
individual will perform those services for any educational
institution or institution of higher education in the second of such
academic years or terms.

If
compensation is denied to any individual for any week under division
(I)(1)(b) of this section and the individual was not offered an
opportunity to perform those services for an institution of higher
education or for an educational institution for the second of such
academic years or terms, the individual is entitled to a retroactive
payment of compensation for each week for which the individual timely
filed a claim for compensation and for which compensation was denied
solely by reason of division (I)(1)(b) of this section. An
application for retroactive benefits shall be timely filed if
received by the director or the director's deputy within or prior to
the end of the fourth full calendar week after the end of the period
for which benefits were denied because of reasonable assurance of
employment. The provision for the payment of retroactive benefits
under division (I)(1)(b) of this section is applicable to weeks of
unemployment beginning on and after November 18, 1983. The provisions
under division (I)(1)(b) of this section shall be retroactive to
September 5, 1982, only if, as a condition for full tax credit
against the tax imposed by the "Federal Unemployment Tax Act,"
53 Stat. 183 (1939), 26 U.S.C.A. 3301 to 3311, the United States
secretary of labor determines that retroactivity is required by
federal law.

(c)
With respect to weeks of unemployment beginning after December 31,
1977, benefits shall be denied to any individual for any week which
commences during an established and customary vacation period or
holiday recess, if the individual performs any services described in
divisions (I)(1)(a) and (b) of this section in the period immediately
before the vacation period or holiday recess, and there is a
reasonable assurance that the individual will perform any such
services in the period immediately following the vacation period or
holiday recess.

(d)
With respect to any services described in division (I)(1)(a), (b), or
(c) of this section, benefits payable on the basis of services in any
such capacity shall be denied as specified in division (I)(1)(a),
(b), or (c) of this section to any individual who performs such
services in an educational institution or institution of higher
education while in the employ of an educational service agency. For
this purpose, the term "educational service agency" means a
governmental agency or governmental entity that is established and
operated exclusively for the purpose of providing services to one or
more educational institutions or one or more institutions of higher
education.

(e)
Any individual employed by a county board of developmental
disabilities shall be notified by the thirtieth day of April each
year if the individual is not to be reemployed the following academic
year.

(f)
Any individual employed by a school district, other than a municipal
school district as defined in section 3311.71 of the Revised Code,
shall be notified by the first day of June each year if the
individual is not to be reemployed the following academic year.

(2)
No disqualification will be imposed, between academic years or terms
or during a vacation period or holiday recess under this division,
unless the director or the director's deputy has received a statement
in writing from the educational institution or institution of higher
education that the claimant has a contract for, or a reasonable
assurance of, reemployment for the ensuing academic year or term.

(3)
If an individual has employment with an educational institution or an
institution of higher education and employment with a noneducational
employer, during the base period of the individual's benefit year,
then the individual may become eligible for benefits during the
between-term, or vacation or holiday recess, disqualification period,
based on employment performed for the noneducational employer,
provided that the employment is sufficient to qualify the individual
for benefit rights separately from the benefit rights based on school
employment. The weekly benefit amount and maximum benefits payable
during a disqualification period shall be computed based solely on
the nonschool employment.

(J)
Benefits shall not be paid on the basis of employment performed by an
alien, unless the alien had been lawfully admitted to the United
States for permanent residence at the time the services were
performed, was lawfully present for purposes of performing the
services, or was otherwise permanently residing in the United States
under color of law at the time the services were performed, under
section 212(d)(5) of the "Immigration and Nationality Act,"
66 Stat. 163, 8 U.S.C.A. 1101:

(1)
Any data or information required of individuals applying for benefits
to determine whether benefits are not payable to them because of
their alien status shall be uniformly required from all applicants
for benefits.

(2)
In the case of an individual whose application for benefits would
otherwise be approved, no determination that benefits to the
individual are not payable because of the individual's alien status
shall be made except upon a preponderance of the evidence that the
individual had not, in fact, been lawfully admitted to the United
States.

(K)
The director shall establish and utilize a system of profiling all
new claimants under this chapter that:

(1)
Identifies which claimants will be likely to exhaust regular
compensation and will need job search assistance services to make a
successful transition to new employment;

(2)
Refers claimants identified pursuant to division (K)(1) of this
section to reemployment services, such as job search assistance
services, available under any state or federal law;

(3)
Collects follow-up information relating to the services received by
such claimants and the employment outcomes for such claimant's
subsequent to receiving such services and utilizes such information
in making identifications pursuant to division (K)(1) of this
section; and

(4)
Meets such other requirements as the United States secretary of labor
determines are appropriate.

(L)
Except as otherwise provided in division (A)(6) of this section,
ineligibility pursuant to division (A) of this section shall begin on
the first day of the week in which the claimant becomes ineligible
for benefits and shall end on the last day of the week preceding the
week in which the claimant satisfies the eligibility requirements.

(M)
The director may adopt rules that the director considers necessary
for the administration of division (A) of this section.

Sec.
4141.43.
(A)
The director of job and family services may disclose information as
provided in this section in accordance with federal law governing
such disclosure and sections 4141.162, 4141.21, and 4141.211 of the
Revised Code.

(B)
The director may make the state's record relating to the
administration of this chapter available to the railroad retirement
board and may furnish the board at the board's expense such copies
thereof as the board deems necessary for its purposes.

(C)
The director may afford reasonable cooperation with every agency of
the United States charged with the administration of any unemployment
compensation law.

(D)
The director may enter into arrangements with the appropriate
agencies of other states or of the United States or Canada whereby
individuals performing services in this and other states for a single
employer under circumstances not specifically provided for in
division (B) of section 4141.01 of the Revised Code or in similar
provisions in the unemployment compensation laws of such other states
shall be deemed to be engaged in employment performed entirely within
this state or within one of such other states or within Canada, and
whereby potential rights to benefits accumulated under the
unemployment compensation laws of several states or under such a law
of the United States, or both, or of Canada may constitute the basis
for the payment of benefits through a single appropriate agency under
terms that the director finds will be fair and reasonable as to all
affected interests and will not result in any substantial loss to the
unemployment compensation fund.

(E)
The director may enter into agreements with the appropriate agencies
of other states or of the United States or Canada:

(1)
Whereby services or wages upon the basis of which an individual may
become entitled to benefits under the unemployment compensation law
of another state or of the United States or Canada shall be deemed to
be employment or wages for employment by employers for the purposes
of qualifying claimants for benefits under this chapter, and the
director may estimate the number of weeks of employment represented
by the wages reported to the director for such claimants by such
other agency, provided such other state agency or agency of the
United States or Canada has agreed to reimburse the unemployment
compensation fund for such portion of benefits paid under this
chapter upon the basis of such services or wages as the director
finds will be fair and reasonable as to all affected interests;

(2)
Whereby the director will reimburse other state or federal or
Canadian agencies charged with the administration of unemployment
compensation laws with such reasonable portion of benefits, paid
under the law of such other states or of the United States or of
Canada upon the basis of employment or wages for employment by
employers, as the director finds will be fair and reasonable as to
all affected interests. Reimbursements so payable shall be deemed to
be benefits for the purpose of section 4141.09 and division (A) of
section 4141.30 of the Revised Code. However, no reimbursement so
payable shall be charged against any employer's account for the
purposes of section 4141.24 of the Revised Code if the employer's
account, under the same or similar circumstances, with respect to
benefits charged under the provisions of this chapter, other than
this section, would not be charged or, if the claimant at the time
the claimant files the combined wage claim cannot establish benefit
rights under this chapter. This noncharging shall not be applicable
to a nonprofit organization that has elected to make payments in lieu
of contributions under section 4141.241 of the Revised Code, except
as provided in division (D)(2) of section 4141.24 of the Revised
Code. The director may make to other state or federal or Canadian
agencies and receive from such other state or federal or Canadian
agencies reimbursements from or to the unemployment compensation
fund, in accordance with arrangements pursuant to this section.

(3)
Notwithstanding division (B)(2)(f) of section 4141.01 of the Revised
Code, the director may enter into agreements with other states
whereby services performed for a crew leader, as defined in division
(BB) of section 4141.01 of the Revised Code, may be covered in the
state in which the crew leader either:

(a)
Has the crew leader's place of business or from which the crew
leader's business is operated or controlled;

(b)
Resides if the crew leader has no place of business in any state.

(F)
The director may apply for an advance to the unemployment
compensation fund and do all things necessary or required to obtain
such advance and arrange for the repayment of such advance in
accordance with Title XII of the "Social Security Act" as
amended.

(G)
The director may enter into reciprocal agreements or arrangements
with the appropriate agencies of other states in regard to services
on vessels engaged in interstate or foreign commerce whereby such
services for a single employer, wherever performed, shall be deemed
performed within this state or within such other states.

(H)
The director shall participate in any arrangements for the payment of
compensation on the basis of combining an individual's wages and
employment, covered under this chapter, with the individual's wages
and employment covered under the unemployment compensation laws of
other states which are approved by the United States secretary of
labor in consultation with the state unemployment compensation
agencies as reasonably calculated to assure the prompt and full
payment of compensation in such situations and which include
provisions for:

(1)
Applying the base period of a single state law to a claim involving
the combining of an individual's wages and employment covered under
two or more state unemployment compensation laws, and

(2)
Avoiding the duplicate use of wages and employment by reason of such
combining.

(I)(1)
The director shall cooperate with the United States department of
labor to the fullest extent consistent with this chapter, and shall
take such action,

through
except

the
adoption of
appropriate

rules,

regulations, and administrative methods and standards,

as may be necessary to secure to this state and its citizens all
advantages available under the provisions of the "Social
Security Act" that relate to unemployment compensation, the
"Federal Unemployment Tax Act," (1970) 84 Stat. 713, 26
U.S.C.A. 3301 to 3311, the "Wagner-Peyser Act," (1933) 48
Stat. 113, 29 U.S.C.A. 49, the "Federal-State Extended
Unemployment Compensation Act of 1970," 84 Stat. 596, 26
U.S.C.A. 3306, and the "Workforce Innovation and Opportunity
Act," 29 U.S.C.A. 3101 et seq.

(2)
Nothing in division (I)(1) of this section requires the director to
participate in, nor precludes the director from ceasing to
participate in, any voluntary, optional, special, or emergency
program offered by the federal government, including programs offered
under any of the federal acts listed in division (I)(1) of this
section, the "Coronavirus Aid, Relief, and Economic Security
Act," 15 U.S.C. 9023, or any other federal program enacted to
address exceptional unemployment conditions.

(J)
The director may disclose wage information furnished to or maintained
by the director under Chapter 4141. of the Revised Code to a consumer
reporting agency as defined by the "Fair Credit Reporting Act,"
84 Stat. 1128, 15 U.S.C.A. 1681a, as amended, for the purpose of
verifying an individual's income under a written agreement that
requires all of the following:

(1)
A written statement of informed consent from the individual whose
information is to be disclosed;

(2)
A written statement confirming that the consumer reporting agency and
any other entity to which the information is disclosed or released
will safeguard the information from illegal or unauthorized
disclosure;

(3)
A written statement confirming that the consumer reporting agency
will pay to the department all costs associated with the disclosure.

The
director shall prescribe a manner and format in which this
information may be provided.

For
purposes of this division, "wage information" means the
name, social security number, quarterly wages paid to, and weeks
worked by an employee, and the name, address, and state and federal
tax identification number of an employer reporting wages under
section 4141.20 of the Revised Code.

(K)
The director shall disclose information furnished to or maintained by
the director under this chapter upon request and on a reimbursable
basis as required by section 303 of the "Social Security Act,"
42 U.S.C.A. 503, and section 3304 of the "Internal Revenue
Code," 26 U.S.C.A. 3304.

Sec.
4141.431.
(A)
Notwithstanding section 4141.20 of the Revised Code, the director of
job and family services shall attempt to enter into an agreement
under section 3510(F) of the "Internal Revenue Code of 1986"
with the secretary of the treasury to collect, as the agent of this
state, the taxes imposed by this chapter on remuneration paid for
domestic service in a private home of the employer.

(B)
Upon the director entering into an agreement under division (A) of
this section, returns with respect to taxes imposed by this chapter
on remuneration paid for domestic service in a private home of the
employer shall be made on a calendar-year basis.

(C)
The director shall adopt rules to further implement the coordination
of this chapter and the "Social Security Domestic Employment
Reform Act of 1994," 108 Stat. 4071, 26 U.S.C.A. 3121. Such
rules do not require approval of the unemployment compensation review
commission under section 4141.14 of the Revised Code.

Sec.
4141.50.
(A)
As used in this section and in sections 4141.51 to 4141.56 of the
Revised Code:

(1)
"Affected unit" means a department, shift, or other
organizational unit of two or more employees that is designated by a
participating employer in a shared work plan.

(2)
"Approved shared work plan" means an employer's shared work
plan, submitted pursuant to section 4141.51 of the Revised Code, that
satisfies all of the requirements for approval under that section and
that the director of job and family services has approved in writing.

(3)
"Intermittent basis" means employment that is not
continuous but may consist of periodic intervals of weekly work and
intervals of no weekly work.

(4)
"Normal weekly hours of work" means the normal hours of
work in employment each week for an employee in an affected unit when
that unit is operating on a full-time basis, not to exceed forty
hours and not including any overtime worked.

(5)
"Participating employee" means an employee whose normal
weekly hours of work are reduced by the reduction percentage under an
approved shared work plan.

(6)
"Participating employer" means an employer who has an
approved shared work plan in effect.

(7)
"Reduction percentage" means the percentage by which each
participating employee's normal weekly hours of work are reduced
under an approved shared work plan.

(8)
"Seasonal basis" has the same meaning as "seasonal
employment" as defined in division (A) of section 4141.33 of the
Revised Code.

(9)
"Shared work compensation" means the pro rata share of
unemployment compensation benefits payable to a participating
employee under an approved shared work plan. "Shared work
compensation" does not include unemployment compensation
benefits otherwise payable to an eligible claimant who is totally or
partially unemployed.

(10)
"Temporary basis" means employment where an employee is
expected to remain in a position for only a limited period of time or
is hired by a temporary agency to fill a gap in the employer's
workforce.

(B)
There is hereby created the "SharedWork Ohio" program,
under which an employer who participates in the program reduces the
number of hours worked by the employees of the employer in lieu of
layoffs.

The
director may adopt rules as the director determines necessary to
implement any guidance issued by the United States secretary of labor
with respect to the SharedWork Ohio program.

Sec.
4167.07.
(A)

The

Except
as provided in division (B) of this section, the
administrator
of workers' compensation, with the advice and consent of the bureau
of workers' compensation board of directors,
shall
adopt rules that establish employment risk reduction standards.
Except as provided in division (B) of this section, in adopting these
rules, the administrator
shall
do both of the following:

(1)
By no later than July 1, 1994, adopt as a rule and an Ohio employment
risk reduction standard every federal occupational safety and health
standard then adopted by the United States secretary of labor
pursuant to the "Occupational Safety and Health Act of 1970,"
84 Stat. 1590, 29 U.S.C.A. 651, as amended;

(2)
By no later than one hundred twenty days after the United States
secretary of labor adopts, modifies, or revokes any federal
occupational safety and health standard, by rule do one of the
following:

(a)
Adopt the federal occupational safety and health standard as a rule
and an Ohio employment risk reduction standard;

(b)
Amend the existing rule and Ohio employment risk reduction standard
to conform to the modification of the federal occupational safety and
health standard;

(c)
Rescind the existing rule and Ohio employment risk reduction standard
that corresponds to the federal occupational safety and health
standard the United States secretary of labor revoked.

(B)
The administrator, with the advice and consent of the bureau of
workers' compensation board of directors, may decline to adopt any
federal occupational safety and health standard as a rule and an Ohio
employment risk reduction standard or to modify or rescind any
existing rule and Ohio employment risk reduction standard to conform
to any federal occupational safety and health standard modified or
revoked by the United States secretary of labor or may adopt as a
rule and an Ohio employment risk reduction standard any occupational
safety and health standard that is not covered under the federal law
or that differs from one adopted or modified by the United States
secretary of labor, if the administrator determines that existing
rules and Ohio employment risk reduction standards provide protection
at least as effective as that which would be provided by the
existing, new, or modified federal occupational safety and health
standard or if the administrator determines that local conditions
warrant a different standard from that of the existing federal
occupational safety and health standard or from standards the United
States secretary of labor adopts, modifies, or revokes.

(C)
In adopting, modifying, or rescinding any rule or Ohio employment
risk reduction standard dealing with toxic materials or harmful
physical agents, the administrator, with the advice and consent of
the bureau of workers' compensation board of directors, shall do all
of the following:

(1)
Set the employment risk reduction standard to most adequately assure,
to the extent technologically feasible and on the basis of the best
available evidence, that no public employee will suffer material
impairment of health or functional capacity as a result of the
hazards dealt with by the rule or Ohio employment risk reduction
standard for the period of the public employee's working life;

(2)
Base the development of these rules and Ohio employment risk
reduction standards on research, demonstrations, experiments, and
other information as is appropriate and upon the technological
feasibility of the rule and standard, using the latest available
scientific data in the field and the experience gained in the
workplace under this chapter and other health and safety laws, to
establish the highest degree of safety and health for the public
employee;

(3)
Whenever practicable, express the rule and Ohio employment risk
reduction standard in terms of objective criteria and of the
performance desired;

(4)
Prescribe the use of labels or other appropriate forms of warning as
are necessary to ensure that public employees are apprised of all
hazards to which they are exposed, relevant symptoms and appropriate
emergency treatment, and proper conditions and precautions of safe
use or exposure where appropriate;

(5)
Prescribe suitable protective equipment and control procedures to be
used in connection with the hazards;

(6)
Provide for measuring or monitoring public employee exposure in a
manner necessary for the protection of the public employees;

(7)
Where appropriate, prescribe the type and frequency of medical
examinations or other tests the public employer shall make available,
at the cost of the public employer, to the public employees exposed
to the hazards in order to determine any adverse effect from the
exposure.

(D)
In determining the priority for adopting rules and Ohio employment
risk reduction standards under this section, the administrator shall
give due regard to the urgency of need and recommendations of the
department of health regarding that need for mandatory employment
risk reduction standards for particular trades, crafts, occupations,
services, and workplaces.

(E)(1)
Except for rules adopted under division (A) of this section, the
administrator, with the advice and consent of the bureau of workers'
compensation board of directors, shall adopt all rules under this
section in accordance with Chapter 119. of the Revised Code, provided
that notwithstanding that chapter, the administrator may delay the
effective date of any rule or Ohio employment risk reduction standard
for the period the administrator determines necessary to ensure that
affected public employers and public employees will be informed of
the adoption, modification, or rescission of the rule and Ohio
employment risk reduction standard and have the opportunity to
familiarize themselves with the specific requirements of the rule and
standard. In no case, however, shall the administrator delay the
effective date of a rule adopted pursuant to Chapter 119. of the
Revised Code in excess of ninety days beyond the otherwise required
effective date.

(2)
In regard to the rules for which the administrator does not have to
comply with Chapter 119. of the Revised Code, the administrator shall
file two certified copies of the rules and Ohio employment risk
reduction standards adopted with the secretary of state and the
director of the legislative service commission.

Sec.
4167.08.
(A)
In the event of an emergency or unusual situation, the administrator
of workers' compensation shall issue an emergency temporary Ohio
employment risk reduction standard to take immediate effect upon
publication in newspapers of general circulation in Cleveland,
Columbus, Cincinnati, and Toledo if the administrator finds both of
the following:

(1)
Public employees are exposed to grave danger from exposure to
substances or agents determined to be toxic or physically harmful or
from new hazards;

(2)
The emergency temporary Ohio employment risk reduction standard is
necessary to protect employees from the danger.

(B)(1)
Except as provided in division (B)(2) of this section an emergency
temporary Ohio employment risk reduction standard issued by the
administrator under division (A) of this section shall be in effect
no longer than fifteen days, unless the bureau of workers'
compensation board of directors approves the emergency temporary Ohio
employment risk reduction standard as issued by the administrator, in
which case, the emergency temporary Ohio employment risk reduction
standard shall be in effect no longer than one hundred twenty days
after the date the administrator issues it.

(2)
The administrator may renew an emergency temporary Ohio employment
risk reduction standard that has been approved by the board for an
additional time period not to exceed one hundred days if the
administrator finds that the conditions identified in divisions
(A)(1) and (2) of this section continue to exist.

On
or before the expiration date of the emergency temporary Ohio
employment risk reduction standard or renewal thereof, if the
conditions identified in divisions (A)(1) and (2) of this section
continue to exist, the administrator, with the advice and consent of
the board, shall adopt
in
accordance with Chapter 119. of the Revised Code
a
permanent Ohio employment risk reduction standard
pursuant
to section 4167.07 of the Revised Code
as
a rule to replace the emergency temporary Ohio employment risk
reduction standard.

Sec.
4167.11.
(A)
In order to further the purposes of this chapter, the administrator
of workers' compensation shall develop and maintain, for public
employers and public employees, an effective program of collection,
compilation, and analysis of employment risk reduction statistics.

(B)
To implement and maintain division (A) of this section, the
administrator, with the advice and consent of the bureau of workers'
compensation board of directors, shall adopt rules in accordance with
Chapter 119. of the Revised Code that
extend
to
do

all
of the following:

(1)

Requiring

Require

each
public employer to make, keep, and preserve, and make available to
the administrator, reports and records regarding the public
employer's activities, as determined by the rule that are necessary
or appropriate
for
the enforcement of this chapter or
for
developing information regarding the causes and prevention of
occupational accidents and illnesses. The rule shall prescribe which
of these reports and records shall or may be furnished to public
employees and public employee representatives.

(2)

Requiring

Require

every
public employer, through posting of notices or other appropriate
means, to keep their public employees informed of public employees'
rights and obligations under this chapter, including the provisions
of applicable Ohio employment risk reduction standards. The rule
shall allow any required notice to be posted on the internet in a
manner that is accessible to the public employer's employees.

(3)

Requiring

Require

public
employers to maintain accurate records of public employee exposure to
potentially toxic materials, carcinogenic materials, and harmful
physical agents that are required to be monitored or measured under
rules adopted under the guidelines of division (C) of section 4167.07
of the Revised Code. The rule shall provide public employees or
public employee representatives an opportunity to observe the
monitoring or measuring, and to have access on request to the records
thereof, and may provide public employees or public employee
representatives an opportunity to participate in and to undertake
their own monitoring or measuring. The rules also shall permit each
current or former public employee to have access to the records that
indicate their own exposure to toxic materials, carcinogenic
materials, or harmful agents.

(C)
The administrator shall obtain any information under division (B) of
this section with a minimum burden upon the public employer and
shall, to the maximum extent feasible, reduce unnecessary duplication
of efforts in obtaining the information.

Sec.
4301.03.
The
liquor control commission may adopt and promulgate, repeal, rescind,
and amend, in the manner required by this section, rules, standards,
requirements, and orders
necessary
to carry out this chapter and Chapter 4303. of the Revised Code, but
all rules of the board of liquor control that were in effect
immediately prior to April 17, 1963, shall remain in full force and
effect as rules of the liquor control commission until and unless
amended or repealed by the liquor control commission. The rules of
the commission may
that

include
the following:

(A)
Rules with reference to applications for and the issuance of permits
for the manufacture, distribution, transportation, and sale of beer
and intoxicating liquor, and the sale of alcohol; and rules governing
the procedure of the division of liquor control in the suspension,
revocation, and cancellation of those permits;

(B)
Rules and orders providing in detail for the conduct of any retail
business authorized under permits issued pursuant to this chapter and
Chapter 4303. of the Revised Code, with a view to ensuring compliance
with those chapters and laws relative to them, and the maintenance of
public decency, sobriety, and good order in any place licensed under
the permits. No rule or order shall prohibit the operation of video
lottery terminal games at a commercial race track where live horse
racing and simulcasting are conducted in accordance with Chapter
3769. of the Revised Code or the sale of lottery tickets issued
pursuant to Chapter 3770. of the Revised Code by any retail business
authorized under permits issued pursuant to that chapter.

No
rule or order shall prohibit pari-mutuel wagering on simulcast horse
races at a satellite facility that has been issued a D liquor permit
under Chapter 4303. of the Revised Code. No rule or order shall
prohibit a charitable organization that holds a D-4 permit from
selling or serving beer or intoxicating liquor under its permit in a
portion of its premises merely because that portion of its premises
is used for the conduct of a bingo game, as described in division (O)
of section 2915.01 of the Revised Code. As used in this division,
"charitable organization" has the same meaning as in
division (H) of section 2915.01 of the Revised Code. No rule or order
pertaining to visibility into the premises of a permit holder after
the legal hours of sale shall be adopted or maintained by the
commission.

(C)
Standards, not in conflict with those prescribed by any law of this
state or the United States, to secure the use of proper ingredients
and methods in the manufacture of beer, mixed beverages, and wine to
be sold within this state;

(D)
Rules determining the nature, form, and capacity of all packages and
bottles to be used for containing beer or intoxicating liquor, except
for spirituous liquor to be kept or sold, governing the form of all
seals and labels to be used on those packages and bottles;

(E)
Rules requiring the label on every package, bottle, and container to
state all of the following, as applicable:

(1)
The ingredients in the contents;

(2)
Except for beer, the terms of weight, volume, or proof spirits;

(3)
Except for spirituous liquor, whether the product is beer, wine,
alcohol, or any intoxicating liquor;

(4)
Regarding beer that contains more than twelve per cent of alcohol by
volume, the percentage of alcohol by volume and that the beer is a
"high alcohol beer."

(F)
Uniform rules governing all advertising with reference to the sale of
beer and intoxicating liquor throughout the state and advertising
upon and in the premises licensed for the sale of beer or
intoxicating liquor;

(G)
Rules restricting and placing conditions upon the transfer of
permits;

(H)
Rules and orders limiting the number of permits of any class within
the state or within any political subdivision of the state; and, for
that purpose, adopting reasonable classifications of persons or
establishments to which any authorized class of permits may be issued
within any political subdivision;

(I)
Rules and orders with reference to the hours of the day during which
and the persons to whom intoxicating liquor of any class may be sold,
and rules with reference to the manner of sale;

(J)
Rules requiring permit holders buying beer to pay and permit holders
selling beer to collect minimum cash deposits for kegs, cases,
bottles, or other returnable containers of the beer; requiring the
repayment, or credit, of the minimum cash deposit charges upon the
return of the empty containers; and requiring the posting of such
form of indemnity or such other conditions with respect to the
charging, collection, and repayment of minimum cash deposit charges
for returnable containers of beer as are necessary to ensure the
return of the empty containers or the repayment upon that return of
the minimum cash deposits paid;

(K)
Rules establishing the method by which alcohol products may be
imported for sale by wholesale distributors and the method by which
manufacturers and suppliers may sell alcohol products to wholesale
distributors.

Every
rule, standard, requirement, or order of the commission and every
repeal, amendment, or rescission of them shall be posted for public
inspection in the principal office of the commission and the
principal office of the division of liquor control, and a certified
copy of them shall be filed in the office of the secretary of state.
An order applying only to persons named in it shall be served on the
persons affected by personal delivery of a certified copy, or by
mailing a certified copy to each person affected by it or, in the
case of a corporation, to any officer or agent of the corporation
upon whom a service of summons may be served in a civil action. The
posting and filing required by this section constitutes sufficient
notice to all persons affected by such rule or order which is not
required to be served. General rules of the commission promulgated
pursuant to this section shall be published in the manner the
commission determines.

Sec.
4301.102.
(A)
The superintendent of liquor control shall collect the tax levied
under section 307.697 or 4301.424 of the Revised Code on sales of
spirituous liquor sold to liquor permit holders for resale, and sold
at retail by the division of liquor control, in the county in which
the tax is levied, and shall deposit the tax into the state treasury
to the credit of the liquor control fund created by section 4301.12
of the Revised Code. The superintendent shall provide for payment of
the full amount of the tax collected to the county in which the tax
is levied as follows:

(1)
For each county in which a tax is levied under section 307.697 or
4301.424 of the Revised Code, the superintendent of liquor control
shall, on or before the sixteenth day of each month:

(a)
From the best information available to the superintendent, determine
and certify to the director of budget and management and to the tax
commissioner the full amount of the tax levied in the county and
collected during the first fifteen days of the preceding month;

(b)
On or before the last working day of each month, from the best
information available to the superintendent, determine and certify to
the director of budget and management and to the tax commissioner the
full amount of the tax levied in the county and collected during the
remainder of the preceding month.

(2)
Upon receipt of such certification, the director of budget and
management shall transfer from the liquor control fund to the
permissive tax distribution fund created by division (B)(1) of
section 4301.423 of the Revised Code the full amount certified to the
director under division (A)(1) of this section.

(3)
Within five working days after receiving the certification provided
for in division (A)(1) of this section, the tax commissioner shall
provide for payment to the county treasurer of each county that
imposes a tax under section 307.697 or 4301.424 of the Revised Code
the full amount certified to be paid to the county.

(B)

The
superintendent of liquor control may adopt any rules necessary for
the administration, collection, and enforcement of taxes levied under
section 307.697 or 4301.424 of the Revised Code.

(C)

Notwithstanding
any other provision of law to the contrary, no permit holder shall
purchase liquor from the division of liquor control at wholesale from
a store that is located outside of a county in which a tax is levied
under section 307.697 or 4301.424 of the Revised Code if the liquor
is to be resold in the county in which the tax is levied.

Sec.
4303.202.
(A)
The division of liquor control may issue an F-2 permit to an
association or corporation, or to a recognized subordinate lodge,
chapter, or other local unit of an association or corporation, to
sell beer or intoxicating liquor by the individual drink at an event
to be held on premises located in a political subdivision or part
thereof where the sale of beer or intoxicating liquor, but not
spirituous liquor, on that day is otherwise permitted by law.
However, the division may issue the F-2 permit only if the
association, corporation, or recognized subordinate lodge, chapter,
or other local unit of an association or corporation meets all of the
following:

(1)
It is organized not for profit;

(2)
It is operated for a charitable, cultural, educational, fraternal, or
political purpose;

(3)
It is not affiliated with the holder of any class of liquor permit,
other than a D-4 permit.

(B)
Sales under an F-2 permit on Sundays are not affected by whether
Sunday sales of beer or intoxicating liquor for consumption on the
premises where sold are allowed to be made by persons holding another
type of permit in the precinct or at the particular location where
the event is to be held, provided that the F-2 permit is issued for
other days of the week in addition to Sunday.

(C)
The premises on which the permit is to be used shall be clearly
defined and sufficiently restricted to allow proper supervision of
the permit use by state and local law enforcement personnel. An F-2
permit may be issued for the same premises for which another class of
permit is issued.

(D)(1)
No F-2 permit shall be effective for more than four consecutive days,
and sales shall be confined to the same hours permitted to the holder
of a D-3 permit. The division shall not issue more than one F-2
permit in a thirty-day period to the same association, corporation,
or local unit of an association or corporation. The fee for an F-2
permit is one hundred fifty dollars.

(2)
No association, corporation, local unit of an association or
corporation, or D-permit holder who holds an F-2 permit shall sell
beer or intoxicating liquor beyond the hours of sale allowed by the
permit. Division (D)(2) of this section imposes strict liability on
the holder of such permit and on any officer, agent, or employee of
such permit holder.

(E)
If an applicant wishes the holder of a D permit issued under sections
4303.13 to 4303.181 of the Revised Code to conduct the sale of beer
and intoxicating liquor at the event, the applicant may request that
the F-2 permit be issued jointly to the association, corporation, or
local unit and the D-permit holder. If a permit is issued jointly,
the association, corporation, or local unit and the D-permit holder
shall both be held responsible for any conduct that violates laws
pertaining to the sale of alcoholic beverages, including sales by the
D-permit holder; otherwise, the association, corporation, or local
unit shall be held responsible. In addition to the permit fee paid by
the association, corporation, or local unit, the D-permit holder
shall pay a fee of ten dollars. A D-permit holder may receive an
unlimited number of joint F-2 permits.

(F)(1)
Any association, corporation, or local unit applying for an F-2
permit shall file with the application a statement of the
organizational purpose of the association, corporation, or local
unit, the location and purpose of the event, and a list of its
officers. The application form shall contain a notice that a person
who knowingly makes a false statement on the application or statement
is guilty of the crime of falsification, a misdemeanor of the first
degree. In ruling on an application, the division shall consider,
among other things, the past activities of the association,
corporation, or local unit and any D-permit holder while operating
under other F-2 permits, the location of the event for which the
current application is made, and any objections of local residents or
law enforcement authorities. If the division approves the
application, it shall send copies of the approved application to the
proper law enforcement authorities prior to the scheduled event.

(2)
Notwithstanding section 1711.09 of the Revised Code, this section
applies to any association or corporation or a recognized subordinate
lodge, chapter, or other local unit of an association or corporation.

(G)
Using the procedures of Chapter 119. of the Revised Code, the liquor
control commission may adopt such rules as are necessary to
administer this section.

Sec.
4303.208.
(A)(1)
The division of liquor control may issue an F-8 permit to a
not-for-profit organization that manages, for the benefit of the
public and by contract with a political subdivision of this state,
publicly owned property to sell beer or intoxicating liquor by the
individual drink at specific events conducted on the publicly owned
property and appurtenant streets, but only if, and then only at times
at which, the sale of beer and intoxicating liquor on the premises is
otherwise permitted by law. Additionally, an F-8 permit may be issued
only if the publicly owned property is located in a county that has a
population of more than seven hundred fifty thousand on and after
the
effective date of this amendment
April
30, 2015
.

(2)
The premises on which an F-8 permit will be used shall be clearly
defined and sufficiently restricted to allow proper supervision of
the permit's use by state and local law enforcement officers. Sales
under an F-8 permit shall be confined to the same hours permitted to
the holder of a D-3 permit.

(3)
The fee for an F-8 permit is one thousand seven hundred dollars. An
F-8 permit is effective for a period not to exceed nine months as
specified in the permit. An F-8 permit is not transferable or
renewable. However, the holder of an F-8 permit may apply for a new
F-8 permit at any time. An F-8 permit is not effective until any F-8
permit currently held expires. The holder of an F-8 permit shall make
sales only at those specific events about which the permit holder has
notified in advance the division of liquor control, the department of
public safety, and the chief, sheriff, or other principal peace
officer of the local law enforcement agencies having jurisdiction
over the premises.

(B)
(1)

An application for the issuance of an F-8 permit is subject to the
notice and hearing requirements established in division (A) of
section 4303.26 of the Revised Code.

(2)
The liquor control commission shall adopt under Chapter 119. of the
Revised Code rules necessary to administer this section.

(C)
No F-8 permit holder shall sell beer or intoxicating liquor beyond
the hours of sale allowed by the permit. This division imposes strict
liability on the holder of an F-8 permit and on any officer, agent,
or employee of that permit holder.

(D)
Nothing in this section prohibits the division from issuing an F,
F-2, or F-6 permit for a specific event not conducted by the holder
of an F-8 permit provided that the holder of the F-8 permit certifies
to the division that it will not exercise its permit privileges
during that specific event.

Sec.
4303.209.
(A)(1)
The division of liquor control may issue an F-9 permit to any of the
following:

(a)
A nonprofit corporation that operates a park on property leased from
a municipal corporation;

(b)
A nonprofit corporation that provides or manages entertainment
programming pursuant to an agreement with a nonprofit corporation
that operates a park on property leased from a municipal corporation;

(c)
A nonprofit corporation that provides or manages entertainment
programming at a municipal park pursuant to an agreement with the
municipal corporation.

An
F-9 permit holder may sell beer or intoxicating liquor by the
individual drink at specific events conducted within the park
property and appurtenant streets, but only if, and only at times at
which, the sale of beer and intoxicating liquor on the premises is
otherwise permitted by law.

(2)
The division may issue separate F-9 permits under division (A)(1)(a),
(b), or (c) of this section for the same location to be effective
during the same time period. However, the permit privileges may be
exercised by only one of the holders of an F-9 permit at specific
events. The other holder of an F-9 permit shall certify to the
division that it will not exercise its permit privileges during that
specific event.

(3)
The premises on which an F-9 permit will be used shall be clearly
defined and sufficiently restricted to allow proper supervision of
the permit's use by state and local law enforcement officers. Sales
under an F-9 permit shall be confined to the same hours permitted to
the holder of a D-3 permit.

(4)
The fee for an F-9 permit is one thousand seven hundred dollars. An
F-9 permit is effective for a period not to exceed nine months as
specified in the permit. An F-9 permit is not transferable or
renewable. However, the holder of an F-9 permit may apply for a new
F-9 permit at any time. The holder of an F-9 permit shall make sales
only at those specific events about which the permit holder has
notified in advance the division of liquor control, the department of
public safety, and the chief, sheriff, or other principal peace
officer of the local law enforcement agencies having jurisdiction
over the premises.

(B)
(1)

An application for the issuance of an F-9 permit is subject to the
notice and hearing requirements established in division (A) of
section 4303.26 of the Revised Code.

(2)
The liquor control commission shall adopt rules under Chapter 119. of
the Revised Code necessary to administer this section.

(C)
No F-9 permit holder shall sell beer or intoxicating liquor beyond
the hours of sale allowed by the permit. This division imposes strict
liability on the holder of an F-9 permit and on any officer, agent,
or employee of that permit holder.

(D)
Nothing in this section prohibits the division from issuing an F-2
permit for a specific event not conducted by the holder of an F-9
permit provided that the holder of the F-9 permit certifies to the
division that it will not exercise its permit privileges during that
specific event.

Sec.
4303.234.
(A)
As used in this section:

(1)
"Fulfillment warehouse" means a person that operates a
warehouse that is located outside this state and has entered into a
written agreement with an S-2 permit holder to fulfill orders of the
S-2 permit holder's wine to personal consumers via delivery by an H
permit holder.

(2)
"Personal consumer" has the same meaning as in section
4303.233 of the Revised Code.

(B)
A fulfillment warehouse may send a shipment of wine sold by an S-2
permit holder to a personal consumer via an H permit holder. A
fulfillment warehouse shall provide annually in electronic format by
electronic means a report to the division not later than March first.
The annual report shall include all of the following:

(1)
The name and address of the fulfillment warehouse. The fulfillment
warehouse shall include the address of each location owned or
operated by the fulfillment warehouse that is used to ship wine to
personal consumers in this state.

(2)
The name and address of each S-2 liquor permit holder with which the
fulfillment warehouse has entered into an agreement;

(3)
The name and address of each personal consumer that the fulfillment
warehouse sends wine to and the quantity of wine purchased by the
personal consumer;

(4)
The shipping tracking number provided by the H permit holder for each
shipment of wine delivered to a personal consumer. The division shall
prescribe and provide an electronic form for the report and shall
determine the specific electronic means that the fulfillment
warehouse must use to submit the report.

(E)
The division may adopt rules in accordance with Chapter 119. of the
Revised Code necessary to administer and enforce this section.

Sec.
4303.251.
(A)
A manufacturer, supplier, broker, or wholesale distributor of beer or
intoxicating liquor, or an agent, solicitor, or salesperson who is
registered under section 4303.25 of the Revised Code and who
represents the manufacturer, supplier, broker, or wholesale
distributor of beer or intoxicating liquor, may conduct consumer
product instruction, or provide sample servings of the
manufacturer's, supplier's, broker's, or wholesale distributor's
products, on the premises of a retail permit holder who is authorized
to sell the products for on-premises consumption, without the
manufacturer, supplier, broker, wholesale distributor, agent,
solicitor, or salesperson having to be issued a retail permit under
this chapter. The person providing a sample serving shall purchase
the beer or intoxicating liquor at the ordinary retail price from the
retail permit holder whose premises are involved.
The
liquor control commission shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section.

(B)
A manufacturer, supplier, or broker of beer, wine, or mixed
beverages, or an agent, solicitor, or salesperson who is registered
under section 4303.25 of the Revised Code and who represents the
manufacturer, supplier, or broker of beer, wine, or mixed beverages,
may conduct consumer product instruction, or provide sample servings
of the manufacturer's, supplier's, or broker's products on the
premises of a retail permit holder who holds a D-8 permit and who is
authorized to sell the products for off-premises consumption, without
the manufacturer, supplier, broker, agent, solicitor, or salesperson
having to be issued a retail permit under this chapter. The person
providing a sample serving shall purchase the beer, wine, or mixed
beverages at the ordinary retail price from the D-8 permit holder and
shall limit the amount and frequency of the sample servings to those
authorized pursuant to the D-8 permit.
The
liquor control commission shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement this section.

Division
(B) of this section does not apply to a wholesale distributor.

Sec.
4303.271.
(A)
Except as provided in divisions (B) and (D) of this section, the
holder of a permit issued under sections 4303.02 to 4303.232 of the
Revised Code, who files an application for the renewal of the same
class of permit for the same premises, shall be entitled to the
renewal of the permit. The division of liquor control shall renew the
permit unless the division rejects for good cause any renewal
application, subject to the right of the applicant to appeal the
rejection to the liquor control commission.

(B)
The legislative authority of the municipal corporation, the board of
township trustees, or the board of county commissioners of the county
in which a permit premises is located may object to the renewal of a
permit issued under sections 4303.11 to 4303.183 of the Revised Code
for any of the reasons contained in division (A) of section 4303.292
of the Revised Code. Any objection shall be made no later than thirty
days prior to the expiration of the permit, and the division shall
accept the objection if it is postmarked no later than thirty days
prior to the expiration of the permit. The objection shall be made by
a resolution specifying the reasons for objecting to the renewal and
requesting a hearing, but no objection shall be based upon
noncompliance of the permit premises with local zoning regulations
that prohibit the sale of beer or intoxicating liquor in an area
zoned for commercial or industrial uses, for a permit premises that
would otherwise qualify for a proper permit issued by the division.
The resolution shall be accompanied by a statement by the chief legal
officer of the political subdivision that, in the chief legal
officer's opinion, the objection is based upon substantial legal
grounds within the meaning and intent of division (A) of section
4303.292 of the Revised Code.

Upon
receipt of a resolution of a legislative authority or board objecting
to the renewal of a permit and a statement from the chief legal
officer, the division shall set a time for the hearing and send by
certified mail to the permit holder, at the permit holder's usual
place of business, a copy of the resolution and notice of the
hearing. The division shall then hold a hearing in the central office
of the division, except that, upon written request of the legislative
authority or board, the hearing shall be held in the county seat of
the county in which the permit premises is located, to determine
whether the renewal shall be denied for any of the reasons contained
in division (A) of section 4303.292 of the Revised Code. Only the
reasons for refusal contained in division (A) of section 4303.292 of
the Revised Code and specified in the resolution of objection shall
be considered at the hearing.

The
permit holder and the objecting legislative authority or board shall
be parties to the proceedings under this section and shall have the
right to be present, to be represented by counsel, to offer evidence,
to require the attendance of witnesses, and to cross-examine
witnesses at the hearing.

(C)
An application for renewal of a permit shall be filed with the
division at least fifteen days prior to the expiration of an existing
permit, and the existing permit shall continue in effect as provided
in section 119.06 of the Revised Code until the application is
approved or rejected by the division. Any holder of a permit, which
has expired through failure to be renewed as provided in this
section, shall obtain a renewal of the permit, upon filing an
application for renewal with the division, at any time within thirty
days from the date of the expired permit. A penalty of ten per cent
of the permit fee shall be paid by the permit holder if the
application for renewal is not filed at least fifteen days prior to
the expiration of the permit.

(D)(1)
Annually, the tax commissioner shall examine the department of
taxation's records for the horse-racing, alcoholic beverage, motor
fuel, petroleum activity, sales or use, cigarette, other tobacco
products, employer withholding, commercial activity, and gross casino
revenue tax and gross receipts taxes levied pursuant to section
5739.101 of the Revised Code for each holder of a permit issued under
sections 4303.02 to 4303.232 of the Revised Code to determine if the
permit holder is delinquent in filing any returns, submitting any
information required by the commissioner, or remitting any payments
with respect to those taxes or any fees, charges, penalties, or
interest related to those taxes.

If
any delinquency or liability exists, the commissioner shall send a
notice of that fact to the permit holder in the manner provided in
section 5703.37 of the Revised Code. The notice shall specify, in as
much detail as is possible, the periods for which returns have not
been filed and the nature and amount of unpaid assessments and other
liabilities and shall be sent on or before the first day of the third
month preceding the month in which the permit expires. The
commissioner also shall notify the division of liquor control of the
delinquency or liability, identifying the permit holder by name and
permit number.

(2)(a)
Except as provided in division (D)(4) of this section, the division
of liquor control shall not renew the permit of any permit holder the
tax commissioner has identified as being delinquent in filing any
returns, providing any information, or remitting any payments with
respect to the taxes listed in division (D)(1) of this section as of
the first day of the sixth month preceding the month in which the
permit expires, or of any permit holder the commissioner has
identified as having been assessed by the department on or before the
first day of the third month preceding the month in which the permit
expires, until the division is notified by the commissioner that the
delinquency, liability, or assessment has been resolved.

(b)(i)
Within ninety days after the date on which the permit expires, any
permit holder whose permit is not renewed under this division may
file an appeal with the liquor control commission. The commission
shall notify the tax commissioner regarding the filing of any such
appeal. During the period in which the appeal is pending, the permit
shall not be renewed by the division. The permit shall be reinstated
if the permit holder and the commissioner or the attorney general
demonstrate to the liquor control commission that the commissioner's
notification of a delinquency or assessment was in error or that the
issue of the delinquency or assessment has been resolved.

(ii)
A permit holder who has filed an appeal under division (D)(2)(b)(i)
of this section may file a motion to withdraw the appeal. The
division of liquor control may renew a permit holder's permit if the
permit holder has withdrawn such an appeal and the division receives
written certification from the tax commissioner that the permit
holder's delinquency or assessment has been resolved.

(3)
A permit holder notified of delinquency or liability under this
section may protest the notification to the tax commissioner on the
basis that no return or information is delinquent and no tax, fee,
charge, penalty, or interest is outstanding. The commissioner shall
expeditiously consider any evidence submitted by the permit holder
and, if it is determined that the notification was in error,
immediately shall inform the division of liquor control that the
renewal application may be granted. The renewal shall not be denied
if the delinquency or unreported liability is the subject of a bona
fide dispute as to the validity of the delinquency or unreported
liability and is the subject of an assessment and of an appeal
properly filed by the permit holder.

(4)
If the commissioner concludes that under the circumstances the permit
holder's delinquency or liability has been conditionally resolved,
the commissioner shall allow the permit to be renewed, conditioned
upon the permit holder's continuing performance in satisfying the
delinquency and liability. The conditional nature of the renewal
shall be specified in the notification given to the division of
liquor control under division (D)(1) of this section. Upon receipt of
notice of the resolution, the division shall issue a conditional
renewal. If the taxpayer defaults on any agreement to pay the
delinquency or liability or fails to keep subsequent tax or fee
payments current, the liquor control commission, upon request and
proof of the default or failure to keep subsequent tax or fee
payments current, shall indefinitely suspend the permit holder's
permit until all taxes or fees and interest due are paid.

(5)
The commissioner may adopt rules to assist in administering the
duties imposed by this section.

Sec.
4307.04.
The
tax commissioner shall enforce and administer sections 4301.42,
4301.421, 4301.422, 4301.423, 4301.424, 4303.33, 4303.331, 4305.01,
and 4307.01 to 4307.12 of the Revised Code. The commissioner may
adopt
such
rules as are necessary to carry out such sections and may adopt

different
detail rules applicable to diverse methods and conditions of sale of
bottled beverages in this state. All books, papers, invoices, and
records of any manufacturer, bottler, or wholesale or retail dealer
in this state, whether or not required under sections 4307.01 to
4307.12 of the Revised Code to be kept by that person, showing that
person's sales receipts and purchases of bottled beverages, shall at
all times, during the usual business hours of the day, be open for
the inspection of the commissioner. The commissioner may investigate
and examine the stock of bottled beverages in and upon any premises
where the same is placed, stored, or sold.

Sec.
4501.02.
(A)
There is hereby created in the department of public safety a bureau
of motor vehicles, which shall be administered by a registrar of
motor vehicles. The registrar shall be appointed by the director of
public safety and shall serve at the director's pleasure.

The
registrar shall administer the laws of the state relative to the
registration of and certificates of title for motor vehicles, and the
licensing of motor vehicle dealers, motor vehicle leasing dealers,
distributors, and salespersons, and of motor vehicle salvage dealers,
salvage motor vehicle auctions, and salvage motor vehicle pools. The
registrar also shall, in accordance with section 4503.61 of the
Revised Code, take those steps necessary to enter this state into
membership in the international registration plan and carry out the
registrar's other duties under that section. The registrar, with the
approval of the director of public safety, may do all of the
following:

(1)
Adopt such forms
and
rules
as
are necessary to carry out all laws the registrar is required to
administer;

(2)
Appoint such number of assistants, deputies, clerks, stenographers,
and other employees as are necessary to carry out such laws;

(3)
Acquire or lease such facilities as are necessary to carry out the
duties of the registrar's office;

(4)
Apply for, allocate, disburse, and account for grants made available
under federal law or from other federal, state, or private sources;

(5)
Establish accounts in a bank or depository and deposit any funds
collected by the registrar in those accounts to the credit of "state
of Ohio, bureau of motor vehicles." Within three days after the
deposit of funds in such an account, the registrar shall draw on that
account in favor of the treasurer of state. The registrar may reserve
funds against the draw to the treasurer of state to the extent
reasonably necessary to ensure that the deposited items are not
dishonored. The registrar may pay any service charge usually
collected by the bank or depository;

(6)
Develop rules that establish disqualifying offenses for licensure as
a motor vehicle salvage dealer pursuant to sections 4738.04, 4738.07,
and 4776.10 of the Revised Code.

The
registrar shall give a bond for the faithful performance of the
registrar's duties in such amount and with such security as the
director approves. When in the opinion of the director it is
advisable, any deputy or other employee may be required to give bond
in such amount and with such security as the director approves. In
the discretion of the director, the bonds authorized to be taken on
deputies or other employees may be individual, schedule, or blanket
bonds.

The
director of public safety may investigate the activities of the
bureau and have access to its records at any time, and the registrar
shall make a report to the director at any time upon request.

All
laws relating to the licensing of motor vehicle dealers, motor
vehicle leasing dealers, distributors, and salespersons, and of motor
vehicle salvage dealers, salvage motor vehicle auctions, and salvage
motor vehicle pools, designating and granting power to the registrar
shall be liberally construed to the end that the practice or
commission of fraud in the business of selling motor vehicles and of
disposing of salvage motor vehicles may be prohibited and prevented.

(B)
There is hereby created in the department of public safety a division
of emergency medical services, which shall be administered by an
executive director of emergency medical services appointed under
section 4765.03 of the Revised Code.

Sec.
4501.022.
(A)
The registrar of motor vehicles shall determine the necessary or
appropriate method by which written notice of an order suspending a
motor vehicle driver's or commercial driver's license or requiring
the surrender of a certificate of registration and registration
plates may be provided to the person holding the license or the
certificate of registration and registration plates. Division (A) of
this section does not apply if the registrar is required to provide
notification by use of a method specified by law.

(B)
Pursuant to rules adopted by the registrar

in accordance with Chapter 119. of the Revised Code
,
the bureau of motor vehicles shall implement proof of mailing
procedures to provide verification that written notice of an order
suspending a motor vehicle driver's or commercial driver's license or
requiring the surrender of a certificate of registration and
registration plates was sent to the person holding the license or the
certificate of registration and registration plates.

Sec.
4501.271.
(A)(1)
A peace officer, correctional employee, or youth services employee
may file a written request with the bureau of motor vehicles to do
either or both of the following:

(a)
Prohibit disclosure of the officer's or employee's residence address
as contained in motor vehicle records of the bureau;

(b)
Provide a business address to be displayed on the officer's or
employee's driver's license or certificate of registration, or both.

(2)
The officer or employee shall file the request described in division
(A)(1) of this section on a form provided by the registrar of motor
vehicles and shall provide any documentary evidence verifying the
person's status as a peace officer, correctional employee, or youth
services employee and the officer's or employee's business address
that the registrar requires pursuant to division (G) of this section.

(B)(1)
Except as provided in division (C) of this section, if a peace
officer, correctional employee, or youth services employee has filed
a request under division (A) of this section, neither the registrar
nor an employee or contractor of the bureau of motor vehicles shall
knowingly disclose the residence address of the officer or employee
that the bureau obtained in connection with a motor vehicle record.

(2)
In accordance with section 149.43 of the Revised Code, the registrar
or an employee or contractor of the bureau shall make available for
inspection or copying a motor vehicle record of a peace officer,
correctional employee, or youth services employee who has filed a
request under division (A) of this section if the record is a public
record under that section, but shall obliterate the residence address
of the officer or employee from the record before making the record
available for inspection or copying. The business address of the
officer or employee may be made available in response to a valid
request under section 149.43 of the Revised Code.

(C)
Notwithstanding division (B)(2) of section 4501.27 of the Revised
Code, the registrar or an employee or contractor of the bureau may
disclose the residence address of a peace officer, correctional
employee, or youth services employee who files a request under
division (A) of this section only in accordance with division (B)(1)
of section 4501.27 of the Revised Code or pursuant to a court order.

(D)
If a peace officer, correctional employee, or youth services employee
files a request under division (A)(1)(b) of this section, the officer
shall still provide a residence address in any application for a
driver's license or license renewal and in any application for a
motor vehicle registration or registration renewal. In accordance
with sections 4503.101 and 4507.09 of the Revised Code, an officer or
employee shall notify the registrar of any change in the officer's or
employee's residence within ten days after the change occurs.

(E)
A certificate of registration issued to a peace officer, correctional
employee, or youth services employee who files a request under
division (A)(1)(b) of this section shall display the business address
of the officer. Notwithstanding section 4507.13 of the Revised Code,
a driver's license issued to an officer or employee who files a
request under division (A)(1)(b) of this section shall display the
business address of the officer or employee.

(F)
The registrar may utilize the residence address of a peace officer,
correctional employee, or youth services employee who files a request
under division (A)(1)(b) of this section in carrying out the
functions of the bureau of motor vehicles, including determining the
district of registration for any applicable motor vehicle tax levied
under Chapter 4504. of the Revised Code, determining whether tailpipe
emissions inspections are required, and financial responsibility
verification.

(G)
The registrar shall adopt rules governing a request for
confidentiality of a peace officer's, correctional employee's, or
youth services employee's residence address or use of a business
address, including the documentary evidence required to verify the
person's status as a peace officer, correctional employee, or youth
services employee, the length of time that the request will be valid,

and

procedures
for ensuring that the bureau of motor vehicles receives notice of any
change in a person's status as a peace officer, correctional
employee, or youth services employee
,
and any other procedures the registrar considers necessary
.
The rules of the registrar may require an officer or employee to
surrender any certificate of registration and any driver's license
bearing the business address of the officer or employee and, upon
payment of any applicable fees, to receive a certificate of
registration and license bearing the officer's or employee's
residence address, whenever the officer or employee no longer is
associated with that business address.

(H)
As used in this section:

(1)
"Motor vehicle record" has the same meaning as in section
4501.27 of the Revised Code.

(2)
"Peace officer" means those persons described in division
(A)(1), (2), (4), (5), (6), (9), (10), (12), (13), or (15) of section
109.71 of the Revised Code, an officer, agent, or employee of the
state or any of its agencies, instrumentalities, or political
subdivisions, upon whom, by statute, a duty to conserve the peace or
to enforce all or certain laws is imposed and the authority to arrest
violators is conferred, within the limits of that statutory duty and
authority, an investigator of the bureau of criminal identification
and investigation as defined in section 2903.11 of the Revised Code,
the house sergeant at arms appointed under division (B)(1) of section
101.311 of the Revised Code, any assistant sergeant at arms appointed
under division (C)(1) of section 101.311 of the Revised Code, the
senate sergeant at arms, and an assistant senate sergeant at arms.
"Peace officer" includes state highway patrol troopers but
does not include the sheriff of a county or a supervisory employee
who, in the absence of the sheriff, is authorized to stand in for,
exercise the authority of, and perform the duties of the sheriff.

(3)
"Correctional employee" and "youth services employee"
have the same meanings as in section 149.43 of the Revised Code.

Sec.
4501.81.
(A)
The bureau of motor vehicles shall establish a database of the next
of kin of persons who are issued driver's licenses, commercial
driver's licenses, temporary instruction permits, motorcycle
operator's licenses and endorsements, and identification cards.
Information in the database shall be accessible only to employees of
the bureau and to criminal justice agencies and is not a public
record for purposes of section 149.43 of the Revised Code.

(B)
When an individual submits an application to the registrar of motor
vehicles or a deputy registrar for a driver's license, commercial
driver's license, temporary instruction permit, motorcycle operator's
license or endorsement, or identification card, or renewal of any of
them, the individual shall be furnished with a next of kin
information form on which the individual may list the name, address,
telephone number, and relationship to the individual of at least one
contact person whom the individual wishes to be contacted if the
individual is involved in a motor vehicle accident or emergency
situation and the individual dies or is seriously injured or rendered
unconscious and is unable to communicate with the contact person. The
contact person may or may not be the next of kin of the applicant,
except that if the applicant is under eighteen years of age and is
not emancipated, the contact person shall include the parent,
guardian, or custodian of the applicant.

The
form described in this division shall inform the individual that,
after completing the form, the individual may return the form to the
registrar or any deputy registrar, each of whom shall accept the form
from the individual without payment of any fee. The form also shall
contain the mailing address of the bureau, to which the individual
may mail the completed form, and also instructions whereby the
individual may furnish the information described in this division to
the registrar through use of the internet.

(C)
The bureau, in accordance with Chapter 119. of the Revised Code,
shall adopt rules to
implement
this section. The rules shall
address

all

both

of
the following:

(1)
The methods whereby a person who has submitted the name of a contact
person for inclusion in the database may make changes to that entry;

(2)
The contents of the next of kin information form
;

(3)
Any other aspect of the database or its operation that the registrar
determines is necessary in order to implement this section
.

(D)
In the event of a motor vehicle accident or emergency situation in
which a person dies or is seriously injured or rendered unconscious
and is unable to communicate with the contact person specified in the
database, an employee of a criminal justice agency shall make a good
faith effort to notify the contact person of the situation, but
neither the bureau nor the employee nor the criminal justice agency
that employs that employee incurs any liability if the employee is
not able to make contact with the contact person.

Sec.
4503.03.
(A)(1)(a)
Except as provided in division (B) of this section, the registrar of
motor vehicles may designate one or more of the following persons to
act as a deputy registrar in each county:

(i)
The county auditor in any county;

(ii)
The clerk of a court of common pleas in any county;

(iii)
An individual;

(iv)
A nonprofit corporation as defined in division (C) of section 1702.01
of the Revised Code.

All
fees collected and retained by a clerk for conducting deputy
registrar services shall be paid into the county treasury to the
credit of the certificate of title administration fund created under
section 325.33 of the Revised Code.

(b)
As part of the selection process in awarding a deputy registrar
contract, the registrar shall consider the customer service
performance record of any person previously awarded a deputy
registrar contract pursuant to division (A)(1) of this section.

(2)
Deputy registrars shall accept applications for the annual license
tax for any vehicle not taxed under section 4503.63 of the Revised
Code and shall assign distinctive numbers in the same manner as the
registrar. Such deputies shall be located in such locations as the
registrar sees fit. Except as provided in division (A)(3) of this
section, there shall be at least one deputy registrar in each county.

(3)
The registrar need not appoint a deputy registrar in a county to
which all of the following apply:

(a)
No individual, nonprofit corporation, or, where applicable, clerk of
court of common pleas participates in the competitive selection
process to be designated as a deputy registrar;

(b)
Neither the county auditor nor the clerk of court of common pleas
agrees to be designated as a deputy registrar;

(c)
No individual or nonprofit corporation agrees to be designated as a
deputy registrar;

(d)
No deputy registrar operating an existing deputy registrar agency in
another county agrees to be designated as the deputy registrar for
that county.

(4)
The registrar may reestablish a deputy registrar in any county
without a deputy registrar if any of the following apply:

(a)
The county auditor requests to be designated as a deputy registrar;

(b)
The clerk of court of common pleas requests to be designated as a
deputy registrar;

(c)
A deputy registrar operating an existing deputy registrar agency in
another county requests to be designated as a deputy registrar for
that county;

(d)
A qualified individual or nonprofit corporation requests to be
designated as a deputy registrar. In the event that two or more
qualified individuals, nonprofit corporations, or a combination
thereof, request to be designated as a deputy registrar, the
registrar may make the designation through the competitive selection
process.

Deputy
registrar contracts are subject to the provisions of division (B) of
section 125.081 of the Revised Code.

(B)(1)
The registrar shall not designate any person to act as a deputy
registrar under division (A)(1) of this section if the person or,
where applicable, the person's spouse or a member of the person's
immediate family has made, within the current calendar year or any
one of the previous three calendar years, one or more contributions
totaling in excess of one hundred dollars to any person or entity
included in division (A)(2) of section 4503.033 of the Revised Code.
As used in this division, "immediate family" has the same
meaning as in division (D) of section 102.01 of the Revised Code, and
"entity" includes any political party and any "continuing
association" as defined in division (C)(4) of section 3517.01 of
the Revised Code or "political action committee" as defined
in division (C)(8) of that section that is primarily associated with
that political party. For purposes of this division, contributions to
any continuing association or any political action committee that is
primarily associated with a political party shall be aggregated with
contributions to that political party.

The
contribution limitations contained in this division do not apply to
any county auditor or clerk of a court of common pleas. A county
auditor or clerk of a court of common pleas is not required to file
the disclosure statement or pay the filing fee required under section
4503.033 of the Revised Code. The limitations of this division also
do not apply to a deputy registrar who, subsequent to being awarded a
deputy registrar contract, is elected to an office of a political
subdivision.

(2)
The registrar shall not designate either of the following to act as a
deputy registrar:

(a)
Any elected public official other than a county auditor or, as
authorized by division (A)(1) of this section, a clerk of a court of
common pleas, acting in an official capacity, except that, the
registrar shall continue and may renew a contract with any deputy
registrar who, subsequent to being awarded a deputy registrar
contract, is elected to an office of a political subdivision;

(b)
Any person holding a current, valid contract to conduct motor vehicle
inspections under section 3704.14 of the Revised Code.

(3)
As used in division (B) of this section, "political subdivision"
has the same meaning as in section 3501.01 of the Revised Code.

(C)(1)
Except as provided in division (C)(2) of this section, deputy
registrars are independent contractors and neither they nor their
employees are employees of this state, except that nothing in this
section shall affect the status of county auditors or clerks of
courts of common pleas as public officials, nor the status of their
employees as employees of any of the counties of this state, which
are political subdivisions of this state. Each deputy registrar shall
be responsible for the payment of all unemployment compensation
premiums, all workers' compensation premiums, social security
contributions, and any and all taxes for which the deputy registrar
is legally responsible. Each deputy registrar shall comply with all
applicable federal, state, and local laws requiring the withholding
of income taxes or other taxes from the compensation of the deputy
registrar's employees. Each deputy registrar shall maintain during
the entire term of the deputy registrar's contract a policy of
business liability insurance satisfactory to the registrar and shall
hold the department of public safety, the director of public safety,
the bureau of motor vehicles, and the registrar harmless upon any and
all claims for damages arising out of the operation of the deputy
registrar agency.

(2)
For purposes of Chapter 4141. of the Revised Code, determinations
concerning the employment of deputy registrars and their employees
shall be made under Chapter 4141. of the Revised Code.

(D)(1)
With the approval of the director, the registrar shall adopt rules
governing deputy registrars. The rules shall do all of the following:

(a)
Establish requirements governing the terms of the contract between
the registrar and each deputy registrar and the services to be
performed;

(b)
Establish requirements governing the amount of bond to be given as
provided in this section;

(c)
Establish requirements governing the size and location of the
deputy's office;

(d)
Establish requirements governing the leasing of equipment necessary
to conduct the vision screenings required under section 4507.12 of
the Revised Code and training in the use of the equipment;

(e)
Encourage every deputy registrar to inform the public of the location
of the deputy registrar's office and hours of operation by means of
public service announcements;

(f)
Allow any deputy registrar to advertise in regard to the operation of
the deputy registrar's office, including allowing nonprofit
corporations operating as a deputy registrar to advertise that a
specified amount of proceeds collected by the nonprofit corporation
are directed to a specified charitable organization or philanthropic
cause;

(g)
Specify the hours the deputy's office is to be open to the public and
require as a minimum that one deputy's office in each county be open
to the public for at least four hours each weekend, provided that if
only one deputy's office is located within the boundary of the county
seat, that office is the office that shall be open for the four-hour
period each weekend;

(h)
Specify that every deputy registrar, upon request, provide any person
with information about the location and office hours of all deputy
registrars in the county;

(i)
Allow a deputy registrar contract to be awarded to a nonprofit
corporation formed under the laws of this state;

(j)
Establish procedures for a deputy registrar to request the authority
to collect reinstatement fees under sections 4507.1612, 4507.45,
4509.101, 4509.81, 4510.10, 4510.22, 4510.72, and 4511.191 of the
Revised Code and to transmit the reinstatement fees and two dollars
of the service fee collected under those sections. The registrar
shall ensure that at least one deputy registrar in each county has
the necessary equipment and is able to accept reinstatement fees. The
registrar shall deposit the service fees received from a deputy
registrar under those sections into the public safety - highway
purposes fund created in section 4501.06 of the Revised Code and
shall use the money for deputy registrar equipment necessary in
connection with accepting reinstatement fees.

(k)
Establish standards for a deputy registrar, when the deputy registrar
is not a county auditor or a clerk of a court of common pleas, to
sell advertising rights to third party businesses to be placed in the
deputy registrar's office;

(l)
Allow any deputy registrar that is not a county auditor or a clerk of
a court of common pleas to operate a vending machine
;

(m)
Establish such other requirements as the registrar and director
consider necessary to provide a high level of service
.

(2)
The rules may allow both of the following:

(a)
The registrar to award a contract to a deputy registrar to operate
more than one deputy registrar's office if determined by the
registrar to be practical;

(b)
A nonprofit corporation formed for the purposes of providing
automobile-related services to its members or the public and that
provides such services from more than one location in this state to
operate a deputy registrar office at any location.

(3)
As a daily adjustment, the bureau of motor vehicles shall credit to a
deputy registrar the amount established under section 4503.038 of the
Revised Code for each damaged license plate or validation sticker the
deputy registrar replaces as a service to a member of the public.

(4)(a)
With the prior approval of the registrar, each deputy registrar may
conduct at the location of the deputy registrar's office any business
that is consistent with the functions of a deputy registrar and that
is not specifically mandated or authorized by this or another chapter
of the Revised Code or by implementing rules of the registrar.

(b)
In accordance with guidelines the director of public safety shall
establish, a deputy registrar may operate or contract for the
operation of a vending machine at a deputy registrar location if
products of the vending machine are consistent with the functions of
a deputy registrar.

(c)
A deputy registrar may enter into an agreement with the Ohio turnpike
and infrastructure commission pursuant to division (A)(11) of section
5537.04 of the Revised Code for the purpose of allowing the general
public to acquire from the deputy registrar the electronic toll
collection devices that are used under the multi-jurisdiction
electronic toll collection agreement between the Ohio turnpike and
infrastructure commission and any other entities or agencies that
participate in such an agreement. The approval of the registrar is
not necessary if a deputy registrar engages in this activity.

(5)
As used in this section and in section 4507.01 of the Revised Code,
"nonprofit corporation" has the same meaning as in section
1702.01 of the Revised Code.

(E)(1)
Unless otherwise terminated and except for interim contracts lasting
not longer than one year, contracts with deputy registrars shall be
entered into through a competitive selection process and shall be
limited in duration as follows:

(a)
For contracts entered into between July 1, 1996 and June 29, 2014,
for a period of not less than two years, but not more than three
years;

(b)
For contracts entered into on or after June 29, 2014, for a period of
five years, unless the registrar determines that a shorter contract
term is appropriate for a particular deputy registrar.

(2)
All contracts with deputy registrars shall expire on the last
Saturday of June in the year of their expiration. Prior to the
expiration of any deputy registrar contract, the registrar, with the
approval of the director, may award a one-year contract extension to
any deputy registrar who has provided exemplary service based upon
objective performance evaluations.

(3)(a)
The auditor of state may examine the accounts, reports, systems, and
other data of each deputy registrar at least every two years. The
registrar, with the approval of the director, shall immediately
remove a deputy who violates any provision of the Revised Code
related to the duties as a deputy, any rule adopted by the registrar,
or a term of the deputy's contract with the registrar. The registrar
also may remove a deputy who, in the opinion of the registrar, has
engaged in any conduct that is either unbecoming to one representing
this state or is inconsistent with the efficient operation of the
deputy's office.

(b)
If the registrar, with the approval of the director, determines that
there is good cause to believe that a deputy registrar or a person
proposing for a deputy registrar contract has engaged in any conduct
that would require the denial or termination of the deputy registrar
contract, the registrar may require the production of books, records,
and papers as the registrar determines are necessary, and may take
the depositions of witnesses residing within or outside the state in
the same manner as is prescribed by law for the taking of depositions
in civil actions in the court of common pleas, and for that purpose
the registrar may issue a subpoena for any witness or a subpoena
duces tecum to compel the production of any books, records, or
papers, directed to the sheriff of the county where the witness
resides or is found. Such a subpoena shall be served and returned in
the same manner as a subpoena in a criminal case is served and
returned. The fees of the sheriff shall be the same as that allowed
in the court of common pleas in criminal cases. Witnesses shall be
paid the fees and mileage provided for under section 119.094 of the
Revised Code. The fees and mileage shall be paid from the fund in the
state treasury for the use of the agency in the same manner as other
expenses of the agency are paid.

In
any case of disobedience or neglect of any subpoena served on any
person or the refusal of any witness to testify to any matter
regarding which the witness lawfully may be interrogated, the court
of common pleas of any county where the disobedience, neglect, or
refusal occurs or any judge of that court, on application by the
registrar, shall compel obedience by attachment proceedings for
contempt, as in the case of disobedience of the requirements of a
subpoena issued from that court, or a refusal to testify in that
court.

(4)
Nothing in division (E) of this section shall be construed to require
a hearing of any nature prior to the termination of any deputy
registrar contract by the registrar, with the approval of the
director, for cause.

(F)
Except as provided in section 2743.03 of the Revised Code, no court,
other than the court of common pleas of Franklin county, has
jurisdiction of any action against the department of public safety,
the director, the bureau, or the registrar to restrain the exercise
of any power or authority, or to entertain any action for declaratory
judgment, in the selection and appointment of, or contracting with,
deputy registrars. Neither the department, the director, the bureau,
nor the registrar is liable in any action at law for damages
sustained by any person because of any acts of the department, the
director, the bureau, or the registrar, or of any employee of the
department or bureau, in the performance of official duties in the
selection and appointment of, and contracting with, deputy
registrars.

(G)
The registrar shall assign to each deputy registrar a series of
numbers sufficient to supply the demand at all times in the area the
deputy registrar serves, and the registrar shall keep a record in the
registrar's office of the numbers within the series assigned. Except
as otherwise provided in section 3.061 of the Revised Code, each
deputy shall be required to give bond in the amount of at least
twenty-five thousand dollars, or in such higher amount as the
registrar determines necessary, based on a uniform schedule of bond
amounts established by the registrar and determined by the volume of
registrations handled by the deputy. The form of the bond shall be
prescribed by the registrar. The bonds required of deputy registrars,
in the discretion of the registrar, may be individual or schedule
bonds or may be included in any blanket bond coverage carried by the
department.

(H)
Each deputy registrar shall keep a file of each application received
by the deputy and shall register that motor vehicle with the name and
address of its owner.

(I)
Upon request, a deputy registrar shall make the physical inspection
of a motor vehicle and issue the physical inspection certificate
required in section 4505.061 of the Revised Code.

(J)
Each deputy registrar shall file a report semiannually with the
registrar of motor vehicles listing the number of applicants for
licenses the deputy has served, the number of voter registration
applications the deputy has completed and transmitted to the board of
elections, and the number of voter registration applications
declined.

Sec.
4503.036.
(A)
The registrar of motor vehicles shall adopt rules for the appointment
of limited authority deputy registrars

in accordance with division (D) of this section
.
Notwithstanding section 4503.03 of the Revised Code, the registrar
may appoint the clerk of a court of common pleas or an electronic
motor vehicle dealer qualified under section 4503.035 of the Revised
Code as a limited authority deputy registrar.

(B)
A limited authority deputy registrar may conduct only initial and
transfer motor vehicle transactions using electronic means, vehicle
identification number inspections, and other associated transactions
in a manner approved in the rules that the registrar adopts

in accordance with division (D) of this section
.

(C)
A limited authority deputy registrar may collect and retain a fee
equal to the amount established under section 4503.038 of the Revised
Code for each transaction or physical inspection that the limited
authority deputy registrar conducts, and shall collect all fees and
taxes that are required by law and related to the transaction or
inspection in a manner approved by the registrar. A clerk of a court
of common pleas shall pay all fees collected and retained under this
section into the county treasury to the credit of the certificate of
title administration fund created under section 325.33 of the Revised
Code.

(D)
The rules adopted by the registrar may establish reasonable
eligibility standards for clerks and electronic motor vehicle
dealers. The rules shall prescribe the terms and conditions of
limited authority deputy registrar contracts and shall require each
limited authority deputy registrar to sign a contract before assuming
any duties as a limited authority deputy registrar. The rules may
establish different eligibility standards and contract terms and
conditions depending on whether the limited authority deputy
registrar is a clerk or an electronic motor vehicle dealer. No
contract shall be for a period of more than three years. The contract
may contain any other provisions the registrar reasonably prescribes.
Each contract shall terminate on a date specified by the registrar.

(E)
Any eligible clerk or qualified electronic motor vehicle dealer may
make an application to the registrar for appointment as a limited
authority deputy registrar. With the approval of the director of
public safety, the registrar shall make the appointments from the
applications submitted, based upon the discretion of the registrar
and director and not upon a competitive basis.

(F)
A limited authority deputy registrar is not subject to the
contribution limits of division (B) of section 4503.03 of the Revised
Code or the filing requirement of division (A) of section 4503.033 of
the Revised Code.

Sec.
4503.10.
(A)
The owner of every snowmobile, off-highway motorcycle, and
all-purpose vehicle required to be registered under section 4519.02
of the Revised Code shall file an application for registration under
section 4519.03 of the Revised Code. The owner of a motor vehicle,
other than a snowmobile, off-highway motorcycle, or all-purpose
vehicle, that is not designed and constructed by the manufacturer for
operation on a street or highway may not register it under this
chapter except upon certification of inspection pursuant to section
4513.02 of the Revised Code by the sheriff, or the chief of police of
the municipal corporation or township, with jurisdiction over the
political subdivision in which the owner of the motor vehicle
resides. Except as provided in sections 4503.103 and 4503.107 of the
Revised Code, every owner of every other motor vehicle not previously
described in this section and every person mentioned as owner in the
last certificate of title of a motor vehicle that is operated or
driven upon the public roads or highways shall cause to be filed each
year, by mail or otherwise, in the office of the registrar of motor
vehicles or a deputy registrar, a written or electronic application
or a preprinted registration renewal notice issued under section
4503.102 of the Revised Code, the form of which shall be prescribed
by the registrar, for registration for the following registration
year, which shall begin on the first day of January of every calendar
year and end on the thirty-first day of December in the same year.
Applications for registration and registration renewal notices shall
be filed at the times established by the registrar pursuant to
section 4503.101 of the Revised Code. A motor vehicle owner also may
elect to apply for or renew a motor vehicle registration by
electronic means using electronic signature in accordance with rules
adopted by the registrar. Except as provided in division (J) of this
section, applications for registration shall be made on blanks
furnished by the registrar for that purpose, containing the following
information:

(1)
A brief description of the motor vehicle to be registered, including
the year, make, model, and vehicle identification number, and, in the
case of commercial cars, the gross weight of the vehicle fully
equipped computed in the manner prescribed in section 4503.08 of the
Revised Code;

(2)
The name and residence address of the owner, and the township and
municipal corporation in which the owner resides;

(3)
The district of registration, which shall be determined as follows:

(a)
In case the motor vehicle to be registered is used for hire or
principally in connection with any established business or branch
business, conducted at a particular place, the district of
registration is the municipal corporation in which that place is
located or, if not located in any municipal corporation, the county
and township in which that place is located.

(b)
In case the vehicle is not so used, the district of registration is
the municipal corporation or county in which the owner resides at the
time of making the application.

(4)
Whether the motor vehicle is a new or used motor vehicle;

(5)
The date of purchase of the motor vehicle;

(6)
Whether the fees required to be paid for the registration or transfer
of the motor vehicle, during the preceding registration year and
during the preceding period of the current registration year, have
been paid. Each application for registration shall be signed by the
owner, either manually or by electronic signature, or pursuant to
obtaining a limited power of attorney authorized by the registrar for
registration, or other document authorizing such signature. If the
owner elects to apply for or renew the motor vehicle registration
with the registrar by electronic means, the owner's manual signature
is not required.

(7)
The owner's social security number, driver's license number, or state
identification number, or, where a motor vehicle to be registered is
used for hire or principally in connection with any established
business, the owner's federal taxpayer identification number. The
bureau of motor vehicles shall retain in its records all social
security numbers provided under this section, but the bureau shall
not place social security numbers on motor vehicle certificates of
registration.

(8)
Whether the applicant wishes to certify willingness to make an
anatomical gift if an applicant has not so certified under section
2108.05 of the Revised Code. The applicant's response shall not be
considered in the decision of whether to approve the application for
registration.

(B)(1)
When an applicant first registers a motor vehicle in the applicant's
name, the applicant shall provide proof of ownership of that motor
vehicle. Proof of ownership may include any of the following:

(a)
The applicant may present for inspection a physical certificate of
title or memorandum certificate showing title to the motor vehicle to
be registered in the name of the applicant.

(b)
The applicant may present for inspection an electronic certificate of
title for the applicant's motor vehicle in a manner prescribed by
rules adopted by the registrar.

(c)
The registrar or deputy registrar may electronically confirm the
applicant's ownership of the motor vehicle.

An
applicant is not required to present a certificate of title to an
electronic motor vehicle dealer acting as a limited authority deputy
registrar in accordance with rules adopted by the registrar.

(2)
When a motor vehicle inspection and maintenance program is in effect
under section 3704.14 of the Revised Code and rules adopted under it,
each application for registration for a vehicle required to be
inspected under that section and those rules shall be accompanied by
an inspection certificate or alternative emissions certificate for
the motor vehicle issued in accordance with that section.

(3)
An application for registration shall be refused if any of the
following applies:

(a)
The application is not in proper form.

(b)
The application is prohibited from being accepted by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code.

(c)
Proof of ownership is required but is not presented or confirmed in
accordance with division (B)(1) of this section.

(d)
All registration and transfer fees for the motor vehicle, for the
preceding year or the preceding period of the current registration
year, have not been paid.

(e)
The owner or lessee does not have an inspection certificate or
alternative emissions certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code, and rules adopted under it,
if that section is applicable.

(4)
This section does not require the payment of license or registration
taxes on a motor vehicle for any preceding year, or for any preceding
period of a year, if the motor vehicle was not taxable for that
preceding year or period under sections 4503.02, 4503.04, 4503.11,
4503.12, and 4503.16 or Chapter 4504. of the Revised Code.

(5)
When a certificate of registration is issued upon the first
registration of a motor vehicle by or on behalf of the owner, the
official issuing the certificate shall indicate the issuance with a
stamp on the certificate of title or memorandum certificate or, in
the case of an electronic certificate of title or electronic
verification of ownership, an electronic stamp or other notation as
specified in rules adopted by the registrar, and with a stamp on the
inspection certificate for the motor vehicle, if any.

(6)
The official also shall indicate, by a stamp or by other means the
registrar prescribes, on the registration certificate issued upon the
first registration of a motor vehicle by or on behalf of the owner
the odometer reading of the motor vehicle as shown in the odometer
statement included in or attached to the certificate of title. Upon
each subsequent registration of the motor vehicle by or on behalf of
the same owner, the official also shall so indicate the odometer
reading of the motor vehicle as shown on the immediately preceding
certificate of registration.

(7)
The registrar shall include in the permanent registration record of
any vehicle required to be inspected under section 3704.14 of the
Revised Code the inspection certificate number from the inspection
certificate or the alternative emissions certificate number from the
alternative emissions certificate that is presented at the time of
registration of the vehicle as required under this division.

(C)(1)
The registrar and each deputy registrar shall collect the following
additional fees for each application for registration and
registration renewal received:

(a)
Except as provided in division (C)(1)(b) of this section, a fee of
eleven dollars on or before December 31, 2025, and a fee of sixteen
dollars on and after January 1, 2026;

(b)
For vehicles specified in divisions (A)(1) to (21) of section
4503.042 of the Revised Code, a fee of thirty dollars on or before
December 31, 2025, and a fee of thirty-five dollars on and after
January 1, 2026.

No
additional fee shall be charged for vehicles registered under section
4503.65 of the Revised Code. Each additional fee is for the purpose
of defraying the department of public safety's costs associated with
the administration and enforcement of the motor vehicle and traffic
laws of Ohio. Each deputy registrar shall transmit the fees collected
under divisions (C)(1) and (3) of this section in the time and manner
provided in this section. The registrar shall deposit all moneys
received under division (C)(1) of this section into the public safety
- highway purposes fund established in section 4501.06 of the Revised
Code.

(2)
In addition, a charge of twenty-five cents shall be made for each
reflectorized safety license plate issued, and a single charge of
twenty-five cents shall be made for each county identification
sticker or each set of county identification stickers issued, as the
case may be, to cover the cost of producing the license plates and
stickers, including material, manufacturing, and administrative
costs. Those fees shall be in addition to the license tax. If the
total cost of producing the plates is less than twenty-five cents per
plate, or if the total cost of producing the stickers is less than
twenty-five cents per sticker or per set issued, any excess moneys
accruing from the fees shall be distributed in the same manner as
provided by section 4501.04 of the Revised Code for the distribution
of license tax moneys. If the total cost of producing the plates
exceeds twenty-five cents per plate, or if the total cost of
producing the stickers exceeds twenty-five cents per sticker or per
set issued, the difference shall be paid from the license tax moneys
collected pursuant to section 4503.02 of the Revised Code.

(3)
The registrar and each deputy registrar shall collect the following
additional fee, as applicable, for each application for registration
or registration renewal received for any hybrid motor vehicle,
plug-in hybrid electric motor vehicle, or battery electric motor
vehicle:

(a)
One hundred dollars for a hybrid motor vehicle;

(b)
One hundred fifty dollars for a plug-in hybrid electric motor
vehicle;

(c)
Two hundred dollars for a battery electric motor vehicle.

Each
fee imposed under this division shall be prorated based on the number
of months for which the vehicle is registered. The registrar shall
transmit all money arising from each fee to the treasurer of state
for distribution in accordance with division (E) of section 5735.051
of the Revised Code, subject to division (D) of section 5735.05 of
the Revised Code.

(D)
Each deputy registrar shall be allowed a fee equal to the amount
established under section 4503.038 of the Revised Code for each
application for registration and registration renewal notice the
deputy registrar receives, which shall be for the purpose of
compensating the deputy registrar for the deputy registrar's
services, and such office and rental expenses, as may be necessary
for the proper discharge of the deputy registrar's duties in the
receiving of applications and renewal notices and the issuing of
registrations.

(E)
Upon the certification of the registrar, the county sheriff or local
police officials shall recover license plates erroneously or
fraudulently issued.

(F)
Each deputy registrar, upon receipt of any application for
registration or registration renewal notice, together with the
license fee and any local motor vehicle license tax levied pursuant
to Chapter 4504. of the Revised Code, shall transmit that fee and
tax, if any, in the manner provided in this section, together with
the original and duplicate copy of the application, to the registrar.
The registrar, subject to the approval of the director of public
safety, may deposit the funds collected by those deputies in a local
bank or depository to the credit of the "state of Ohio, bureau
of motor vehicles." Where a local bank or depository has been
designated by the registrar, each deputy registrar shall deposit all
moneys collected by the deputy registrar into that bank or depository
not more than one business day after their collection and shall make
reports to the registrar of the amounts so deposited, together with
any other information, some of which may be prescribed by the
treasurer of state, as the registrar may require and as prescribed by
the registrar by rule. The registrar, within three days after receipt
of notification of the deposit of funds by a deputy registrar in a
local bank or depository, shall draw on that account in favor of the
treasurer of state. The registrar, subject to the approval of the
director and the treasurer of state, may make reasonable rules
necessary for the prompt transmittal of fees

and for safeguarding the interests of the state and of counties,
townships, municipal corporations, and transportation improvement
districts levying local motor vehicle license taxes
.
The registrar may pay service charges usually collected by banks and
depositories for such service. If deputy registrars are located in
communities where banking facilities are not available, they shall
transmit the fees forthwith, by money order or otherwise, as the
registrar, by rule approved by the director and the treasurer of
state, may prescribe. The registrar may pay the usual and customary
fees for such service.

(G)
This section does not prevent any person from making an application
for a motor vehicle license directly to the registrar by mail, by
electronic means, or in person at any of the registrar's offices,
upon payment of a service fee equal to the amount established under
section 4503.038 of the Revised Code for each application.

(H)
No person shall make a false statement as to the district of
registration in an application required by division (A) of this
section. Violation of this division is falsification under section
2921.13 of the Revised Code and punishable as specified in that
section.

(I)(1)
Where applicable, the requirements of division (B) of this section
relating to the presentation of an inspection certificate issued
under section 3704.14 of the Revised Code and rules adopted under it
for a motor vehicle, the refusal of a license for failure to present
an inspection certificate or alternative emissions certificate, and
the stamping of the inspection certificate or alternative emissions
certificate by the official issuing the certificate of registration
apply to the registration of and issuance of license plates for a
motor vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15,
4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42,
4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised Code.

(2)(a)
The registrar shall adopt rules ensuring that each owner registering
a motor vehicle in a county where a motor vehicle inspection and
maintenance program is in effect under section 3704.14 of the Revised
Code and rules adopted under it receives information about the
requirements established in that section and those rules and about
the need in those counties to present an inspection certificate or an
alternative emissions certificate with an application for
registration or preregistration.

(b)
Upon request, the registrar shall provide the director of
environmental protection, or any person that has been awarded a
contract under section 3704.14 of the Revised Code, an on-line
computer data link to registration information for all passenger
cars, noncommercial motor vehicles, and commercial cars that are
subject to that section. The registrar also shall provide to the
director of environmental protection a magnetic data tape containing
registration information regarding passenger cars, noncommercial
motor vehicles, and commercial cars for which a multi-year
registration is in effect under section 4503.103 of the Revised Code
or rules adopted under it, including, without limitation, the date of
issuance of the multi-year registration, the registration deadline
established under rules adopted under section 4503.101 of the Revised
Code that was applicable in the year in which the multi-year
registration was issued, and the registration deadline for renewal of
the multi-year registration.

(J)
Subject to division (K) of this section, application for registration
under the international registration plan, as set forth in sections
4503.60 to 4503.66 of the Revised Code, shall be made to the
registrar on forms furnished by the registrar. In accordance with
international registration plan guidelines and pursuant to rules
adopted by the registrar, the forms shall include the following:

(1)
A uniform mileage schedule;

(2)
The gross vehicle weight of the vehicle or combined gross vehicle
weight of the combination vehicle as declared by the registrant
;

(3)
Any other information the registrar requires by rule
.

(K)
The registrar shall determine the feasibility of implementing an
electronic commercial fleet licensing and management program that
will enable the owners of commercial tractors, commercial trailers,
and commercial semitrailers to conduct electronic transactions by
July 1, 2010, or sooner. If the registrar determines that
implementing such a program is feasible, the registrar shall adopt
new rules under this division or amend existing rules adopted under
this division as necessary in order to respond to advances in
technology.

If
international registration plan guidelines and provisions allow
member jurisdictions to permit applications for registrations under
the international registration plan to be made via the internet, the
rules the registrar adopts under this division shall permit such
action.

Sec.
4503.101.
(A)
The registrar of motor vehicles shall adopt rules to establish a
system of motor vehicle registration based upon the type of vehicle
to be registered, the type of ownership of the vehicle,
and

the
class of license plate to be issued
,
and any other factor the registrar determines to be relevant
.
Except for commercial cars, buses, trailers, and semitrailers that
are registered in this state and that are taxed under sections
4503.042 and 4503.65 of the Revised Code;
and

except
for rental vehicles owned by motor vehicle renting dealers
;
and except as otherwise provided by rule
,
motor vehicles owned by an individual shall be registered based upon
the motor vehicle owner's date of birth. Beginning with the 2004
registration year, the registrar shall assign motor vehicles to the
registration periods established by rules adopted under this section.

(B)
The registrar shall adopt rules to permit motor vehicle owners
residing together at one address to select the date of birth of any
one of the owners as the date to register any or all of the vehicles
at that residence address, as shown in the records of the bureau of
motor vehicles.

(C)
The registrar shall adopt rules to assign and reassign all commercial
cars, trailers, and semitrailers that are registered in this state
and that are taxed under sections 4503.042 and 4503.65 of the Revised
Code and all rental vehicles owned by motor vehicle renting dealers
to a system of registration so that the registrations of
approximately one-twelfth of all such vehicles expire on the last day
of each month of a calendar year.
To
effect a reassignment from the registration period in effect on June
30, 2003, to the new registration periods established by the rules
adopted under this section as amended, the rules may require the
motor vehicle to be registered for more or less than a twelve-month
period at the time the motor vehicle's registration is subject to its
initial renewal following the effective date of such rules. If
necessary to effect an efficient transition, the rules may provide
that the registration reassignments take place over two consecutive
registration periods. The registration taxes to be charged shall be
determined by the registrar on the basis of the annual tax otherwise
due on the motor vehicle, prorated in accordance with the number of
months for which the motor vehicle is registered, except that the fee
established by division (C)(1) of section 4503.10 of the Revised Code
shall be collected in full for each renewal that occurs during the
transition period and shall not be prorated.

(D)
The registrar shall adopt rules to permit any commercial motor
vehicle owner or motor vehicle renting dealer who owns two or more
motor vehicles to request the registrar to permit the owner to
separate the owner's fleet into up to four divisions for assignment
to separate dates upon which to register the vehicles, provided that
the registrar may disapprove any such request whenever the registrar
has reason to believe that an uneven distribution of registrations
throughout the calendar year has developed or is likely to develop.

(E)
Every owner or lessee of a motor vehicle holding a certificate of
registration shall notify the registrar of any change of the owner's
or lessee's correct address within ten days after the change occurs.
The notification shall be in writing on a form provided by the
registrar or by electronic means approved by the registrar and shall
include the full name, date of birth if applicable, license number,
county of residence or place of business, social security account
number of an individual or federal tax identification number of a
business, and new address.

(F)
As used in this section, "motor vehicle renting dealer" has
the same meaning as in section 4549.65 of the Revised Code.

Sec.
4503.102.
(A)(1)
The registrar of motor vehicles may
adopt
rules to
establish
a centralized system of motor vehicle registration for initial
registration, registration renewal, and transfer of registration, by
mail or by electronic means.

(2)
Any person applying electronically for initial registration or for
transfer of registration may submit all associated documents
electronically through the centralized system of motor vehicle
registration established under this section. The registrar or a
deputy registrar shall verify and authenticate such documents.

(3)
Any person owning a motor vehicle that was registered in the person's
name during the preceding registration year shall renew the
registration of the motor vehicle not more than ninety days prior to
the expiration date of the registration through one of the following:

(a)
By mail or by electronic means through the centralized system of
registration established under this section;

(b)
In person at any office of the registrar or at a deputy registrar's
office.

(B)(1)
Except as provided in division (B)(2) of this section, no less than
forty-five days prior to the expiration date of any motor vehicle
registration, the registrar shall mail a renewal notice to the person
in whose name the motor vehicle is registered. The renewal notice
shall clearly state that the registration of the motor vehicle may be
renewed by mail or electronic means through the centralized system of
registration or in person at any office of the registrar or at a
deputy registrar's office and shall be preprinted with information
including, but not limited to, the owner's name and residence address
as shown in the records of the bureau of motor vehicles, a brief
description of the motor vehicle to be registered, notice of the
license taxes and fees due on the motor vehicle,
and

the
toll-free telephone number of the registrar as required under
division (D)(1) of section 4503.031 of the Revised Code
,
and any additional information the registrar may require by rule
.
The renewal notice shall not include the social security number of
either the owner of the motor vehicle or the person in whose name the
motor vehicle is registered. The renewal notice shall be sent by
regular mail to the owner's last known address as shown in the
records of the bureau of motor vehicles.

(2)
The registrar is not required to mail a renewal notice if either of
the following applies:

(a)
The owner of the vehicle has consented to receiving the renewal
notice by electronic means only.

(b)
The application for renewal of the registration of a motor vehicle is
prohibited from being accepted by the registrar or a deputy registrar
by division (D) of section 2935.27, division (A) of section 4503.13,
division (B) of section 4510.22, division (D) of section 4503.234,
division (B)(1) of section 4521.10, or division (B) of section
5537.041 of the Revised Code.

(3)
If the owner of a motor vehicle has consented to receiving a renewal
notice by electronic means only, the registrar shall send an
electronic renewal notice to the owner that contains the information
specified in division (B)(1) of this section at the time specified
under that division.

(C)
The owner of the motor vehicle shall verify the information contained
in the notice, sign it either manually or by electronic means, and
return it, either by mail or electronic means, or the owner may take
it in person to any office of the registrar or of a deputy registrar.
The owner shall include with the notice a financial transaction
device number when renewing in person or by electronic means but not
by mail, check, or money order in the amount of the registration
taxes and fees payable on the motor vehicle and a service fee equal
to the amount established under section 4503.038 of the Revised Code,
plus postage as indicated on the notice if the registration is
renewed or fulfilled by mail, and an inspection certificate or
alternative emissions certificate for the motor vehicle as provided
in section 3704.14 of the Revised Code. If the motor vehicle owner
chooses to renew the motor vehicle registration by electronic means,
the owner shall proceed in accordance with
the
rules the registrar adopts
this
section
.

(D)
If all registration and transfer fees for the motor vehicle for the
preceding year or the preceding period of the current registration
year have not been paid, if division (D) of section 2935.27, division
(A) of section 4503.13, division (B) of section 4510.22, division (D)
of section 4503.234, division (B)(1) of section 4521.10, or division
(B) of section 5537.041 of the Revised Code prohibits acceptance of
the renewal notice, or if the owner or lessee does not have an
inspection certificate or alternative emissions certificate for the
motor vehicle as provided in section 3704.14 of the Revised Code, if
that section is applicable, the license shall be refused, and the
registrar or deputy registrar shall so notify the owner. This section
does not require the payment of license or registration taxes on a
motor vehicle for any preceding year, or for any preceding period of
a year, if the motor vehicle was not taxable for that preceding year
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised Code.

(E)(1)
Failure to receive a renewal notice does not relieve a motor vehicle
owner from the responsibility to renew the registration for the motor
vehicle. Any person who has a motor vehicle registered in this state
and who does not receive a renewal notice as provided in division (B)
of this section prior to the expiration date of the registration
shall request an application for registration from the registrar or a
deputy registrar and sign the application manually or by electronic
means and submit the application and pay any applicable license taxes
and fees to the registrar or deputy registrar.

(2)
If the owner of a motor vehicle submits an application for
registration and the registrar is prohibited by division (D) of
section 2935.27, division (A) of section 4503.13, division (B) of
section 4510.22, division (D) of section 4503.234, division (B)(1) of
section 4521.10, or division (B) of section 5537.041 of the Revised
Code from accepting the application, the registrar shall return the
application and the payment to the owner. If the owner of a motor
vehicle submits a registration renewal application to the registrar
by electronic means and the registrar is prohibited from accepting
the application as provided in this division, the registrar shall
notify the owner of this fact and deny the application and return the
payment or give a credit on the financial transaction device account
of the owner in the manner the registrar prescribes by rule adopted

pursuant
to division (A) of this section
by
the registrar
.

(F)
Every deputy registrar shall post in a prominent place at the
deputy's office a notice informing the public of the mail
registration system required by this section and also shall post a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days after
the change occurs. The notice shall be in such form as the registrar
prescribes by rule.

(G)(1)
The service fee equal to the amount established under section
4503.038 of the Revised Code that is collected from a person who
renews a motor vehicle registration by electronic means or by mail,
plus postage collected by the registrar and any financial transaction
device surcharge collected by the registrar, shall be paid to the
credit of the public safety - highway purposes fund established by
section 4501.06 of the Revised Code.

(2)
A person who submits an initial registration or a transfer of
registration by electronic means under this section shall pay a
service fee equal to the amount established under section 4503.038 of
the Revised Code, any necessary postage costs, and any financial
transaction device surcharge, as applicable. The service fee
collected shall be paid either to the registrar or to the deputy
registrar that verifies and authenticates the submitted documents in
accordance with division (A)(2) of this section. If the registrar
authorizes a deputy registrar to mail the certificate of registration
and any associated license plate to the applicant, the postage costs
shall be paid to that deputy registrar.

(H)(1)
Pursuant to section 113.40 of the Revised Code, the registrar shall
implement a program permitting payment of motor vehicle registration
taxes and fees, driver's license and commercial driver's license
fees, and any other taxes, fees, penalties, or charges imposed or
levied by the state by means of a financial transaction device for
transactions occurring online, at any office of the registrar, and at
all deputy registrar locations. The program shall take effect not
later than July 1, 2016.
The
registrar shall adopt rules as necessary for this purpose, but all
such rules are subject to any action, policy, or procedure of the
board of deposit or treasurer of state taken or adopted under section
113.40 of the Revised Code.

(2)

The
rules adopted under division (H)(1) of this section shall require a
A

deputy
registrar
to

shall

accept
payments by means of a financial transaction device
beginning
on the effective date of the rules
unless
the deputy registrar contract entered into by the deputy registrar
prohibits the acceptance of such payments by financial transaction
device. However, commencing with deputy registrar contract awards
that have a start date of July 1, 2016, and for all contract awards
thereafter, the registrar shall require that the proposer accept
payment by means of a financial transaction device, including credit
cards and debit cards, for all department of public safety
transactions conducted at that deputy registrar location.

The
bureau and deputy registrars are not required to pay any costs that
result from accepting payment by means of a financial transaction
device. A deputy registrar may charge a person who tenders payment
for a department transaction by means of a financial transaction
device any cost the deputy registrar incurs from accepting payment by
the financial transaction device, but the deputy registrar shall not
require the person to pay any additional fee of any kind in
connection with the use by the person of the financial transaction
device.

(3)
In accordance with division (H)(1) of this section

and rules adopted by the registrar under that division
,
a county auditor or clerk of a court of common pleas that is
designated a deputy registrar shall accept payment by means of a
financial transaction device, including credit cards and debit cards,
for all department transactions conducted at the office of the county
auditor or clerk in the county auditor's or clerk's capacity as
deputy registrar. The bureau is not required to pay any costs
incurred by a county auditor or clerk that result from accepting
payment by means of a financial transaction device for any department
transaction.

(I)
For persons who reside in counties where tailpipe emissions
inspections are required under the motor vehicle inspection and
maintenance program, the notice required by division (B) of this
section shall also include the toll-free telephone number maintained
by the Ohio environmental protection agency to provide information
concerning the locations of emissions testing centers. The registrar
also shall include a statement in the notice that a battery electric
motor vehicle is not required to undergo emissions inspection under
the motor vehicle inspection and maintenance program established
under section 3704.14 of the Revised Code.

Sec.
4503.111.
(A)
Within thirty days of becoming a resident of this state, any person
who owns a motor vehicle operated or driven upon the public roads or
highways shall register the vehicle in this state. If such a person
fails to register a vehicle owned by the person, the person shall not
operate any motor vehicle in this state under a license issued by
another state
.

(B)(1)
Whoever violates division (A) of this section is guilty of a minor
misdemeanor.

(2)
The offense established under division (B)(1) of this section is a
strict liability offense and strict liability is a culpable mental
state for purposes of section 2901.20 of the Revised Code. The
designation of this offense as a strict liability offense shall not
be construed to imply that any other offense, for which there is no
specified degree of culpability, is not a strict liability offense.

(C)
For purposes of division (A) of this section, "resident"
means any person to whom any of the following applies:

(3)
(1)

The person maintains their principal residence in this state and does
not reside in this state as a result of the person's active service
in the United States armed forces.

(4)
(2)

The person is
determined
by the registrar of motor vehicles to be
a
resident in accordance with
standards
adopted by the registrar under
section
4507.01 of the Revised Code.

Sec.
4503.29.
(A)
The director of veterans services in conjunction with the registrar
of motor vehicles shall develop and maintain a program to establish
and issue specialty license plates recognizing military service and
military honors pertaining to valor and service.

(B)
The director and the registrar shall jointly adopt rules in
accordance with Chapter 119. of the Revised Code
for
purposes of establishing the program under this section. The director
and registrar shall adopt the rules as soon as possible after June
29, 2018, but not later than nine months after June 29, 2018. The
rules shall
to

do
all of the following:

(1)
Establish specialty license plates recognizing military service;

(2)
Establish specialty license plates recognizing military honors
pertaining to valor and service;

(3)
Establish eligibility criteria that apply to each specialty license
plate issued under this section;

(4)
Establish requirements governing any necessary documentary evidence
required to be presented by an applicant for a specialty license
plate issued under this section. The rules shall allow an applicant
to present a veterans identification card issued in accordance with
section 317.241 of the Revised Code in lieu of a copy of the
applicant's DD-214 or an equivalent document. An applicant may be
required to present additional evidence if the veterans
identification card does not show all of the information needed for
issuance of the specific nonstandard license plate requested by the
applicant.

(5)
Establish guidelines for the designs, markings, and inscriptions on a
specialty license plate established under this section;

(6)
Establish procedures for altering the designs, markings, or
inscriptions on a specialty license plate established under this
section;

(7)
Prohibit specialty license plates established under this section from
recognizing achievement awards or unit awards
;

(8)
Establish any other procedures or requirements that are necessary for
the implementation and administration of this section
.

(C)
The rules adopted under division (B) of this section shall provide
for the establishment of the military specialty license plates
created prior to June 29, 2018, that are no longer codified in the
Revised Code.

(D)(1)
Any person who meets the applicable qualifications for the issuance
of a specialty license plate established by rule adopted under
division (B) of this section may apply to the registrar of motor
vehicles for the registration of any passenger car, noncommercial
motor vehicle, recreational vehicle, or other vehicle the person owns
or leases of a class approved by the registrar. The application may
be combined with a request for a special reserved license plate under
section 4503.40 or 4503.42 of the Revised Code.

(2)(a)
Except as provided in division (D)(2)(b) of this section, upon
receipt of an application for registration of a motor vehicle under
this section and the required taxes and fees, compliance with all
applicable laws relating to the registration of a motor vehicle, and,
if necessary, upon presentation of the required documentary evidence,
the registrar shall issue to the applicant the appropriate motor
vehicle registration and a set of license plates and a validation
sticker, or a validation sticker alone when required by section
4503.191 of the Revised Code.

(b)
Any disabled veteran who qualifies to apply to the registrar for the
registration of a motor vehicle under section 4503.41 of the Revised
Code without the payment of any registration taxes or fees, may apply
instead for registration of the motor vehicle under this section. The
disabled veteran applying for registration under this section is not
required to pay any registration taxes or fees as required by
sections 4503.038, 4503.04, 4503.10, 4503.102, and 4503.103 of the
Revised Code, any local motor vehicle tax levied under Chapter 4504.
of the Revised Code, any fee charged under section 4503.19 of the
Revised Code for up to two motor vehicles, including any motor
vehicle registered under section 4503.41 of the Revised Code, or any
fees associated with transferring a registration under section
4503.12 of the Revised Code. Upon receipt of an application for
registration of the motor vehicle and presentation of any
documentation the registrar may require by rule, the registrar shall
issue to the applicant the appropriate motor vehicle registration and
a set of license plates authorized under this section and a
validation sticker, or a validation sticker alone when required by
section 4503.191 of the Revised Code.

(3)
The license plates shall display county identification stickers that
identify the county of registration as required under section 4503.19
of the Revised Code.

Sec.
4503.51.
(A)
The owner or lessee of any passenger car, noncommercial motor
vehicle, recreational vehicle, or vehicle of a class approved by the
registrar of motor vehicles may apply to the registrar for
registration of the vehicle and for issuance of collegiate license
plates. The application may be combined with a request for a special
reserved license plate under section 4503.40 or 4503.42 of the
Revised Code.

Upon
receipt of the completed application for registration of a vehicle
in
accordance with any rules adopted under this section
and
upon compliance with divisions (B) and (C) of this section, the
registrar shall issue to the applicant appropriate vehicle
registration and a set of collegiate license plates with a validation
sticker, or a validation sticker alone when required by section
4503.191 of the Revised Code.

In
addition to the letters and numbers ordinarily inscribed on the
license plates, collegiate license plates shall display the name of a
university or college that is participating with the registrar in the
issuance of collegiate license plates, or any other identifying
marking or design selected by such a university or college and
approved by the registrar. Collegiate license plates shall display
county identification stickers that identify the county of
registration as required under section 4503.19 of the Revised Code.

(B)
The collegiate license plates and validation sticker, or validation
sticker alone, shall be issued upon receipt of an application for
registration of a motor vehicle under this section; payment of the
regular license tax as prescribed under section 4503.04 of the
Revised Code, any applicable motor vehicle tax levied under Chapter
4504. of the Revised Code, any applicable additional fee prescribed
by section 4503.40 or 4503.42 of the Revised Code, an additional
administrative fee of ten dollars, and a contribution as provided in
division (C)(1) of this section; and compliance with all other
applicable laws relating to the registration of motor vehicles.

(C)(1)
For each application for registration and registration renewal notice
the registrar receives under this section, the registrar shall
collect a contribution of twenty-five dollars.

The
registrar shall deposit this contribution into the state treasury to
the credit of the license plate contribution fund created in section
4501.21 of the Revised Code.

(2)
The registrar shall deposit the administrative fee of ten dollars,
which is to compensate the bureau of motor vehicles for the
additional services required in the issuing of the collegiate license
plates, into the state treasury to the credit of the public safety -
highway purposes fund created in section 4501.06 of the Revised Code.

(D)

The
registrar, in accordance with Chapter 119. of the Revised Code, shall
adopt rules necessary for the efficient administration of the
collegiate license plate program.

(E)

As
used in this section, "university or college" means a state
university or college or a private university or college located in
this state that possesses a certificate of authorization issued by
the Ohio board of regents pursuant to Chapter 1713. of the Revised
Code. "University or college" also includes community
colleges created pursuant to Chapter 3354. of the Revised Code,
university branches created pursuant to Chapter 3355. of the Revised
Code, technical colleges created pursuant to Chapter 3357. of the
Revised Code, and state community colleges created pursuant to
Chapter 3358. of the Revised Code.

Sec.
4503.64.
Upon
receipt of an application pursuant to division (J) of section 4503.10
of the Revised Code for apportioned registration under the
international registration plan and payment of all taxes or fees due
on the vehicle, the registrar of motor vehicles shall issue a license
plate as provided in section 4503.19 of the Revised Code and a
registration card for each vehicle registered under the international
registration plan. The registration card shall identify the vehicle
for which it is issued, list the jurisdictions in which the vehicle
has been apportioned,
and

the
weight and classification for which the vehicle has been registered
,
and any other information the registrar may require by rule
.
The registration card shall, at all times, be carried in or upon the
vehicle for which it has been issued.

Sec.
4503.642.
(A)
There is hereby created in the bureau of motor vehicles a performance
registration and information systems management program for
coordinating motor carrier safety information with federal and state
agencies. The registrar of motor vehicles shall collect and maintain
necessary motor carrier, commercial motor vehicle, and driver data in
a manner that complies with the information systems established by
the United States secretary of transportation under 49 U.S.C. 31106.

(B)
The registrar shall refuse to issue a registration, license plate,
permit, or certificate of title for any commercial motor vehicle that
is assigned to a motor carrier that has been prohibited from
operating by a federal agency. The registrar may allow a prohibited
motor vehicle carrier to transfer title on a commercial motor vehicle
if the prohibited carrier does not retain a direct or indirect
interest in the vehicle.

(C)
The registrar shall suspend, revoke, deny, or remove the
registration, license plates, or any permit issued to any commercial
motor vehicle that is assigned to a motor carrier who has been
prohibited from operating by a federal agency. The suspension,
revocation, denial, or removal shall remain in effect until the
carrier is no longer prohibited from operating by the federal agency.
The suspension, revocation, denial, or removal shall apply to all
commercial motor vehicles under the carrier's control.

(D)
A carrier or registrant whose privilege to operate a commercial motor
vehicle has been suspended, revoked, denied, or removed under
division (C) of this section may request a hearing in accordance with
Chapter 119. of the Revised Code. The hearing shall be limited to
whether the carrier or registrant has been correctly identified,
whether the carrier or registrant has been prohibited from operating
by the federal agency, and whether the federal agency subsequently
has rescinded the prohibition.

(E)
The registrar shall restore a motor carrier's or registrant's
privilege to register, transfer a title, or operate a commercial
motor vehicle only upon acceptable notification from the federal
agency that the prohibition has been removed and upon payment of all
applicable taxes and fees.

(F)
The registrar shall take those steps necessary to implement this
section, including the adoption of
rules,

procedures
,

and forms.

Sec.
4505.01.
(A)
As used in this chapter:

"Buyer"
and "transferee" mean the applicant for a certificate of
title.

"Certificate
of title" and "title" include an electronic
certificate of title, unless otherwise specified.

"Electronic
certificate of title" means an electronic record stored in the
automated title processing system that establishes ownership of a
motor vehicle and any security interests that exist on that motor
vehicle.

"Lien"
includes, unless the context requires a different meaning, a security
interest in a motor vehicle.

"Manufactured
home" has the same meaning as section 3781.06 of the Revised
Code.

"Manufactured
housing dealer," "manufactured housing broker," and
"manufactured housing salesperson" have the same meanings
as in section 4781.01 of the Revised Code.

"Mobile
home" has the same meaning as in section 4501.01 of the Revised
Code.

"Motor
vehicle" includes manufactured homes, mobile homes, recreational
vehicles, and trailers and semitrailers whose weight exceeds four
thousand pounds.

"Motor
vehicle dealer" and "dealer" have the same meaning as
in section 4517.01 of the Revised Code and includes manufactured
housing dealers.

"Motor
vehicle salesperson" includes manufactured housing salespersons.

"Resident"
means any person who either maintains their principal residence in
this state or is
determined
by the registrar of motor vehicles to be
a
permanent or temporary resident in accordance with
the
standards adopted by the registrar under
section
4507.01 of the Revised Code.

"Signature"
includes an electronic signature as defined by section 1306.01 of the
Revised Code.

(B)
The various certificates, applications, and assignments necessary to
provide certificates of title for manufactured homes, mobile homes,
recreational vehicles, and trailers and semitrailers whose weight
exceeds four thousand pounds, shall be made upon forms prescribed by
the registrar of motor vehicles.

Sec.
4505.02.
The
registrar of motor vehicles shall
issue
rules as the registrar determines necessary to
ensure
uniform and orderly operation of this chapter and
adopt
rules in accordance with Chapter 119. of the Revised Code
to
ensure that the identification of each applicant for a certificate of
title is reasonably accurate. The clerks of the courts of common
pleas shall conform thereto. The clerks shall provide the forms as
prescribed by the registrar, except the manufacturers' or importers'
certificates. The clerks shall provide, from moneys in the automated
title processing fund, certificates of title and ribbons, cartridges,
or other devices necessary for the operation of the certificate of
title processing equipment as determined by the automated title
processing board pursuant to division (C) of section 4505.09 of the
Revised Code. All other automated title processing system supplies
shall be provided by the clerks.

If
it appears that any certificate of title has been improperly issued,
the registrar shall cancel the certificate unless the title is deemed
valid pursuant to section 4505.191 of the Revised Code. Upon the
cancellation of any certificate of title, the registrar shall notify
the clerk who issued it, and the clerk thereupon shall enter the
cancellation upon the clerk's records. The registrar also shall
notify the person to whom such certificate of title was issued, as
well as any lienholders appearing thereon, of the cancellation and
shall demand the surrender of the certificate of title immediately,
but the cancellation shall not affect the validity of any lien noted
thereon. The holder of such certificate of title immediately shall
return it to the registrar. If a certificate of registration has been
issued to the holder of a certificate of title so canceled the
registrar immediately shall cancel it and demand the return of such
certificate of registration and license plates, and the holder of
such certificate of registration and license plates shall return the
same to the registrar forthwith. The clerks shall keep on hand a
sufficient supply of blank forms, which, except for certificate of
title and memorandum certificate forms, shall be furnished and
distributed without charge to registered manufacturers or dealers, or
other persons residing within the county.

Sec.
4505.20.
(A)
Notwithstanding division (A)(2) of section 4505.18 of the Revised
Code or any other provision of this chapter or Chapter 4517. of the
Revised Code, a secured party may designate a manufactured housing
dealer to display, display for sale, or sell a manufactured or mobile
home if the home has come into the possession of that secured party
by a default in the terms of a security instrument and the
certificate of title remains in the name and possession of the
secured party.

(B)
Notwithstanding division (A)(2) of section 4505.18 of the Revised
Code or any other provision of this chapter or Chapter 4517. of the
Revised Code, the owner of a recreational vehicle or a secured party
of a recreational vehicle who has come into possession of the vehicle
by a default in the terms of a security instrument, may designate a
new motor vehicle dealer to display, display for sale, or sell the
vehicle while the certificate of title remains in the possession of
the owner or secured party. No new motor vehicle dealer may display
or offer for sale more than five recreational vehicles at any time
under this division. No new motor vehicle dealer may display or offer
for sale a recreational vehicle under this division unless the new
motor vehicle dealer maintains insurance or the bond of a surety
company authorized to transact business within this state in an
amount sufficient to satisfy the fair market value of the vehicle.

(C)

The
registrar may adopt reasonable rules regarding the resale of
recreational vehicles that the registrar considers necessary.

(D)

The
manufactured housing dealer or new motor vehicle secured party or
owner shall provide the dealer with written authorization to display,
display for sale, or sell the manufactured home, mobile home, or
recreational vehicle. The manufactured housing dealer or new motor
vehicle dealer shall show and explain the written authorization to
any prospective purchaser. The written authorization shall contain
the vehicle identification number, make, model, year of manufacture,
and physical description of the manufactured home, mobile home, or
recreational vehicle that is provided to the manufactured housing
dealer or new motor vehicle dealer.

(E)
(D)

Whoever violates this section shall be fined not more than two
hundred dollars, imprisoned not more than ninety days, or both.

Sec.
4506.11.
(A)
Every commercial driver's license shall be marked "commercial
driver's license" or "CDL" and shall be of such
material and so designed as to prevent its reproduction or alteration
without ready detection. The commercial driver's license for
licensees under twenty-one years of age shall have characteristics
prescribed by the registrar of motor vehicles distinguishing it from
that issued to a licensee who is twenty-one years of age or older.
Every commercial driver's license shall display all of the following
information:

(1)
The name and residence address of the licensee;

(2)
A photograph of the licensee showing the licensee's uncovered face;

(3)
A physical description of the licensee, including sex, height,
weight, and color of eyes and hair;

(4)
The licensee's date of birth;

(5)
The licensee's social security number if the person has requested
that the number be displayed in accordance with section 4501.31 of
the Revised Code or if federal law requires the social security
number to be displayed and any number or other identifier the
director of public safety considers appropriate and establishes by
rules adopted under Chapter 119. of the Revised Code and in
compliance with federal law;

(6)
The licensee's signature;

(7)
The classes of commercial motor vehicles the licensee is authorized
to drive and any endorsements or restrictions relating to the
licensee's driving of those vehicles;

(8)
The name of this state;

(9)
The dates of issuance and of expiration of the license;

(10)
If the licensee has certified willingness to make an anatomical gift
under section 2108.05 of the Revised Code, any symbol chosen by the
registrar of motor vehicles to indicate that the licensee has
certified that willingness;

(11)
If the licensee has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the licensee wishes the license to indicate that the
licensee has executed either type of instrument, any symbol chosen by
the registrar to indicate that the licensee has executed either type
of instrument;

(12)
If the licensee has specified that the licensee wishes the license to
indicate that the licensee is a veteran, active duty, or reservist of
the armed forces of the United States and has presented a copy of the
licensee's DD-214 form or an equivalent document, any symbol chosen
by the registrar to indicate that the licensee is a veteran, active
duty, or reservist of the armed forces of the United States;

(13)
If the licensee is a noncitizen of the United States, a notation
designating that the licensee is a noncitizen
;

(14)
Any other information the registrar considers advisable and requires
by rule
.

(B)
The registrar may establish and maintain a file of negatives of
photographs taken for the purposes of this section.

(C)
Neither the registrar nor any deputy registrar shall issue a
commercial driver's license to anyone under twenty-one years of age
that does not have the characteristics prescribed by the registrar
distinguishing it from the commercial driver's license issued to
persons who are twenty-one years of age or older.

(D)
Whoever violates division (C) of this section is guilty of a minor
misdemeanor.

Sec.
4506.17.
(A)
Both of the following are deemed to have given consent to a test or
tests of the person's whole blood, blood serum or plasma, breath,
oral fluid, or urine for the purpose of determining the person's
alcohol concentration or the presence of any controlled substance or
a metabolite of a controlled substance:

(1)
A person while operating a commercial motor vehicle that requires a
commercial driver's license or commercial driver's license temporary
instruction permit;

(2)
A person who holds a commercial driver's license or commercial
driver's license temporary instruction permit while operating a motor
vehicle, including a commercial motor vehicle.

(B)
A test or tests as provided in division (A) of this section may be
administered at the direction of a peace officer having reasonable
ground to stop or detain the person and, after investigating the
circumstances surrounding the operation of the motor vehicle, also
having reasonable ground to believe the person was driving the motor
vehicle while having a measurable or detectable amount of alcohol or
of a controlled substance or a metabolite of a controlled substance
in the person's whole blood, blood serum or plasma, breath, oral
fluid, or urine. Any such test shall be given within two hours of the
time of the alleged violation.

(C)
A person requested by a peace officer to submit to a test under
division (A) of this section shall be advised by the peace officer
that a refusal to submit to the test will result in the person
immediately being placed out-of-service for a period of twenty-four
hours and being disqualified from operating a commercial motor
vehicle for a period of not less than one year, and that the person
is required to surrender the person's commercial driver's license or
permit to the peace officer.

(D)
If a person refuses to submit to a test after being warned as
provided in division (C) of this section or submits to a test that
discloses the presence of an amount of alcohol or a controlled
substance prohibited by divisions (A)(1) to (6) of section 4506.15 of
the Revised Code or a metabolite of a controlled substance, the
person immediately shall surrender the person's commercial driver's
license or permit to the peace officer. The peace officer shall
forward the license or permit, together with a sworn report, to the
registrar of motor vehicles certifying that the test was requested
pursuant to division (A) of this section and that the person either
refused to submit to testing or submitted to a test that disclosed
the presence of one of the prohibited concentrations of a substance
listed in divisions (A)(1) to (6) of section 4506.15 of the Revised
Code or a metabolite of a controlled substance. The form and contents
of the report required by this section shall be established by the
registrar by rule, but shall contain the advice to be read to the
driver and a statement to be signed by the driver acknowledging that
the driver has been read the advice and that the form was shown to
the driver.

(E)
Upon receipt of a sworn report from a peace officer as provided in
division (D) of this section, or upon receipt of notification that a
person has been disqualified under a similar law of another state or
foreign jurisdiction, the registrar shall disqualify the person named
in the report from driving a commercial motor vehicle for the period
described below:

(1)
Upon a first incident, one year;

(2)
Upon an incident of refusal or of a prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance after one or more previous incidents of either refusal or
of a prohibited concentration of alcohol, a controlled substance, or
a metabolite of a controlled substance, the person shall be
disqualified for life or such lesser period as prescribed by rule by
the registrar.

(F)
A test of a person's whole blood or a person's blood serum or plasma
given under this section shall comply with the applicable provisions
of division (D) of section 4511.19 of the Revised Code and any
physician, registered nurse, emergency medical
technician-intermediate, emergency medical technician-paramedic, or
qualified technician, chemist, or phlebotomist who withdraws whole
blood or blood serum or plasma from a person under this section, and
any hospital, first-aid station, clinic, or other facility at which
whole blood or blood serum or plasma is withdrawn from a person
pursuant to this section, is immune from criminal liability, and from
civil liability that is based upon a claim of assault and battery or
based upon any other claim of malpractice, for any act performed in
withdrawing whole blood or blood serum or plasma from the person. The
immunity provided in this division also extends to an emergency
medical service organization that employs an emergency medical
technician-intermediate or emergency medical technician-paramedic who
withdraws blood under this section.

(G)
When a person submits to a test under this section, the results of
the test, at the person's request, shall be made available to the
person, the person's attorney, or the person's agent, immediately
upon completion of the chemical test analysis. The person also may
have an additional test administered by a physician, a registered
nurse, or a qualified technician, chemist, or phlebotomist of the
person's own choosing as provided in division (D) of section 4511.19
of the Revised Code for tests administered under that section, and
the failure to obtain such a test has the same effect as in that
division.

(H)
No person shall refuse to immediately surrender the person's
commercial driver's license or permit to a peace officer when
required to do so by this section.

(I)
A peace officer issuing an out-of-service order or receiving a
commercial driver's license or permit surrendered under this section
may remove or arrange for the removal of any commercial motor vehicle
affected by the issuance of that order or the surrender of that
license.

(J)(1)
Except for civil actions arising out of the operation of a motor
vehicle and civil actions in which the state is a plaintiff, no peace
officer of any law enforcement agency within this state is liable in
compensatory damages in any civil action that arises under the
Revised Code or common law of this state for an injury, death, or
loss to person or property caused in the performance of official
duties under this section

and rules adopted under this section
,
unless the officer's actions were manifestly outside the scope of the
officer's employment or official responsibilities, or unless the
officer acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.

(2)
Except for civil actions that arise out of the operation of a motor
vehicle and civil actions in which the state is a plaintiff, no peace
officer of any law enforcement agency within this state is liable in
punitive or exemplary damages in any civil action that arises under
the Revised Code or common law of this state for any injury, death,
or loss to person or property caused in the performance of official
duties under this section of the Revised Code

and rules adopted under this section
,
unless the officer's actions were manifestly outside the scope of the
officer's employment or official responsibilities, or unless the
officer acted with malicious purpose, in bad faith, or in a wanton or
reckless manner.

(K)
When disqualifying a driver, the registrar shall cause the records of
the bureau of motor vehicles to be updated to reflect the
disqualification within ten days after it occurs.

(L)
The registrar immediately shall notify a driver who is subject to
disqualification of the disqualification, of the length of the
disqualification, and that the driver may request a hearing within
thirty days of the mailing of the notice to show cause why the driver
should not be disqualified from operating a commercial motor vehicle.
If a request for such a hearing is not made within thirty days of the
mailing of the notice, the order of disqualification is final. The
registrar may designate hearing examiners who, after affording all
parties reasonable notice, shall conduct a hearing to determine
whether the disqualification order is supported by reliable evidence.

The
registrar shall adopt rules to implement this division.

(M)
Any person who is disqualified from operating a commercial motor
vehicle under this section may apply to the registrar for a driver's
license to operate a motor vehicle other than a commercial motor
vehicle, provided the person's commercial driver's license or permit
is not otherwise suspended. A person whose commercial driver's
license or permit is suspended shall not apply to the registrar for
or receive a driver's license under Chapter 4507. of the Revised Code
during the period of suspension.

(N)
Whoever violates division (H) of this section is guilty of a
misdemeanor of the first degree.

(O)
As used in this section, "emergency medical
technician-intermediate" and "emergency medical
technician-paramedic" have the same meanings as in section
4765.01 of the Revised Code.

Sec.
4507.061.
(A)
The registrar of motor vehicles may authorize the online renewal of a
driver's license, commercial driver's license, or identification card
issued by the bureau of motor vehicles for eligible applicants. An
applicant is eligible for online renewal if all of the following
apply:

(1)
The applicant's current driver's license, commercial driver's
license, or identification card was processed in person at a deputy
registrar office.

(2)
The applicant has a photo on file with the bureau of motor vehicles
from the applicant's current driver's license, commercial driver's
license, or identification card.

(3)
The applicant's current driver's license, commercial driver's
license, or identification card expires on the birthday of the
applicant in the fourth year after the date it was issued.

(4)
The applicant is applying for a driver's license, commercial driver's
license, or identification card that expires on the birthday of the
applicant in the fourth year after the date it is issued.

(5)
The applicant's current driver's license, commercial driver's
license, or identification card is unexpired or expired not more than
six months prior to the date of the application.

(6)
The applicant is a citizen or a permanent resident of the United
States and a permanent resident of this state.

(7)
The applicant's current driver's license, commercial driver's
license, or identification card was issued when the applicant was
twenty-one years of age or older.

(8)
If the applicant is renewing a driver's license or commercial
driver's license, the applicant is less than sixty-five years of age.

(9)
The applicant's current driver's license, commercial driver's
license, or driving privileges are not suspended, canceled, revoked,
or restricted, and the applicant is not otherwise prohibited by law
from obtaining a driver's license, commercial driver's license, or
identification card.

(10)
The applicant has no changes to the applicant's name or personal
information, other than a change of address.

(11)
The applicant has no medical restrictions that would require the
applicant to apply for a driver's license, commercial driver's
license, or identification card in person at a deputy registrar
office. The registrar shall determine the medical restrictions that
require in person applications.

(12)
For a commercial driver's license, the applicant complies with all
the requirements of Chapter 4506. of the Revised Code, including
self-certification and medical certificate requirements.

(13)
For a commercial driver's license, the applicant is not under any
restriction specified by any federal regulation.

(B)
An applicant may not submit an application online for any of the
following:

(1)
A temporary instruction permit;

(2)
A commercial driver's license temporary instruction permit;

(3)
An initial issuance of an Ohio driver's license, commercial driver's
license, or identification card;

(4)
An initial issuance of a federally compliant driver's license,
commercial driver's license, or identification card;

(5)
An ignition interlock license;

(6)
A limited term driver's license or limited term commercial driver's
license issued to a temporary resident.

(C)
The registrar may require an applicant to provide a digital copy of
any identification documents and supporting documents as required by
statute or administrative rule to comply with current state and
federal requirements.

(D)
Except as otherwise provided, an applicant shall comply with all
other applicable laws related to the issuance of a driver's license,
commercial driver's license, or identification card in order to renew
a driver's license, commercial driver's license, or identification
card under this section.

(E)
The registrar may adopt rules in accordance with Chapter 119. of the
Revised Code to implement and administer this section.

Sec.
4507.18.
(A)
The registrar of motor vehicles shall permit all of the following to
renew a driver's license or motorcycle operator's endorsement issued
by this state by electronic means:

(1)
Any person who is on active duty in the armed forces of the United
States who is stationed outside of this state;

(2)
The spouse of a person described in division (A)(1) of this section
who is also outside of this state;

(3)
The dependents of a person described in division (A)(1) of this
section who are also outside of this state.

(B)
The registrar shall require all of the following:

(1)
That the applicant provide a digital copy of the applicant's military
identification card or military dependent identification card;

(2)
That any spouse or dependent applicant provide a digital copy of a
form provided by the registrar demonstrating that the applicant
received and passed a vision examination in accordance with the
vision requirements under section 4507.12 of the Revised Code;

(3)
That the applicant provide a digital copy of a current two inch by
two inch passport quality photograph with a white background to be
used as the applicant's new driver's license or motorcycle operator's
endorsement photograph;

(4)
That the applicant provide a digital copy of any identification
documents and supporting documents as required by statute or
administrative rule to comply with current state and federal
requirements.

(C)
The registrar shall make it possible for applicants to upload and
send by electronic means all required copies of supporting documents
and photographs for a driver's license or motorcycle operator's
endorsement renewal under this section.

(D)(1)
This section does not impact a person's ability to use the exemption
from the license requirements available under division (B) of section
4507.03 of the Revised Code.

(2)
This section does not prevent a person who is permitted to renew a
driver's license or motorcycle operator's endorsement by electronic
means under this section from making an application, as provided in
section 4507.10 of the Revised Code, in person at a deputy
registrar's office.

(E)
The registrar shall adopt rules under Chapter 119. of the Revised
Code to implement and administer this section.

Sec.
4507.21.
(A)
Except as provided in section 4507.061 of the Revised Code, each
applicant for a driver's license shall file an application in the
office of the registrar of motor vehicles or of a deputy registrar.

(B)(1)
Except as provided in division (B)(4) of this section, each person
under twenty-one years of age applying for a driver's license issued
in this state and each person twenty-one years of age or older
applying for an initial limited term license in this state shall
present satisfactory evidence of having successfully completed one of
the following:

(a)
A driver training course approved by the director of public safety.

(b)
A driver training course comparable to a driver training course
described in division (B)(1)(a) of this section and administered by a
branch of the armed forces of the United States and completed by the
applicant while residing outside this state for the purpose of being
with or near any person serving in the armed forces of the United
States.

(2)
Each person under twenty-one years of age applying for a driver's
license also shall present, on a form prescribed by the registrar, an
affidavit signed by an eligible adult attesting that the person has
acquired at least fifty hours of actual driving experience, with at
least ten of those hours being at night.

(3)
Except as provided in division (B)(4) of this section, each person
twenty-one years of age or older applying for an initial limited term
license in this state also shall present, on a form prescribed by the
registrar, an affidavit signed by an adult who holds a current valid
driver's or commercial driver's license issued by this state that the
applicant has acquired at least fifty hours of actual driving
experience, with at least ten of those hours being at night,
accompanied by the signing adult.

(4)
Both of the following individuals are exempt from the requirements
specified in divisions (B)(1) and (3) of this section:

(a)
A person who receives a waiver of the examination by the registrar in
accordance with section 4507.10 of the Revised Code;

(b)
An initial limited term license applicant twenty-one years of age or
older who is from a country with which the registrar has a reciprocal
arrangement in accordance with section 4507.101 of the Revised Code.

(C)(1)
An applicant for an initial driver's license shall present
satisfactory evidence of successful completion of the abbreviated
driver training course for adults,
approved
by the director of public safety under section 4508.02 of the Revised
Code,
if
all of the following apply:

(a)
The applicant is twenty-one years of age or older.

(b)
The applicant failed the road or maneuverability test required under
division (A)(2) of section 4507.11 of the Revised Code.

(c)
In the twelve months immediately preceding the date of application,
the applicant has not successfully completed a driver training
course.

(2)
An applicant shall present satisfactory evidence as required under
division (C)(1) of this section prior to attempting the test a second
or subsequent time.

(D)
If the registrar or deputy registrar determines that the applicant is
entitled to the driver's license, it shall be issued. If the
application shows that the applicant's license has been previously
canceled or suspended, the deputy registrar shall forward the
application to the registrar, who shall determine whether the license
shall be granted.

(E)
An applicant shall file an application under this section in
duplicate, and the deputy registrar issuing the license shall
immediately forward to the office of the registrar the original copy
of the application, together with the duplicate copy of any
certificate of completion if issued for purposes of division (B) of
this section. The registrar shall prescribe rules as to the manner in
which the deputy registrar files and maintains the applications and
other records. The registrar shall file every application for a
driver's or commercial driver's license and index them by name and
number, and shall maintain a suitable record of all licenses issued,
all convictions and bond forfeitures, all applications for licenses
denied, and all licenses that have been suspended or canceled.

(F)
For purposes of section 2313.06 of the Revised Code, the registrar
shall maintain accurate and current lists of the residents of each
county who are eighteen years of age or older, have been issued, on
and after January 1, 1984, driver's or commercial driver's licenses
that are valid and current, and would be electors if they were
registered to vote, regardless of whether they actually are
registered to vote. The lists shall contain the names, addresses,
dates of birth, duration of residence in this state, citizenship
status, and social security numbers, if the numbers are available, of
the licensees, and may contain any other information that the
registrar considers suitable.

(G)
Each person under eighteen years of age applying for a motorcycle
operator's endorsement or a restricted license enabling the applicant
to operate a motorcycle shall present satisfactory evidence of having
completed the courses of instruction in the motorcycle safety and
education program described in section 4508.08 of the Revised Code or
a comparable course of instruction administered by a branch of the
armed forces of the United States and completed by the applicant
while residing outside this state for the purpose of being with or
near any person serving in the armed forces of the United States. If
the registrar or deputy registrar then determines that the applicant
is entitled to the endorsement or restricted license, it shall be
issued.

(H)
No person shall knowingly make a false statement in an affidavit
presented in accordance with division (B)(2) of this section.

(I)
As used in this section, "eligible adult" means any of the
following persons:

(1)
A parent, guardian, or custodian of the applicant;

(2)
A person over the age of twenty-one who acts in loco parentis of the
applicant and who maintains proof of financial responsibility with
respect to the operation of a motor vehicle owned by the applicant or
with respect to the applicant's operation of any motor vehicle.

(J)
Whoever violates division (H) of this section is guilty of a minor
misdemeanor and shall be fined one hundred dollars.

Sec.
4507.233.
(A)
Notwithstanding sections 4506.08, 4507.23, 4507.24, 4507.50, and
4507.52 of the Revised Code, a person may apply for and obtain a
replacement commercial driver's license, driver's license, or
identification card without paying any fee, if all of the following
apply:

(1)
The license or card is valid and its expiration date is not within
ninety days of the date for renewal.

(2)
The license or card indicates the licensee or cardholder was a
noncitizen.

(3)
At the time of application, the applicant is a United States citizen.

(B)
The applicant shall include any documentary evidence of United States
citizenship with an application made under division (A) of this
section as the registrar of motor vehicles may require by rule.

(C)
A replacement commercial driver's license, driver's license, or
identification card issued under this section shall be identical to
the license or card replaced, except that it shall no longer indicate
that the licensee or cardholder is a noncitizen.

(D)
The registrar shall adopt rules in accordance with Chapter 119. of
the Revised Code for purposes of implementing and administering this
section. Notwithstanding any provision of section 121.95 of the
Revised Code to the contrary, a regulatory restriction contained in a
rule adopted under this section is not subject to sections 121.95 to
121.953 of the Revised Code.

Sec.
4507.49.
(A)(1)
On the last business day of every month or on a more frequent
schedule as determined by the registrar of motor vehicles, each
deputy registrar shall submit a verification form to the registrar
that contains the following information:

(a)
The number of identification cards and temporary identification cards
issued or renewed under section 4507.50 of the Revised Code during
the established schedule without payment of any fees;

(b)
The number of replacement identification cards issued under section
4507.52 of the Revised Code during the established schedule without
payment of any fees.

(2)
The registrar shall establish the necessary verification form and the
manner and frequency in which the form shall be submitted.

(B)
The registrar shall reimburse each deputy registrar for the deputy
registrar's services in issuing identification cards, based on the
information submitted in accordance with division (A) of this
section, in the following amounts:

(1)
The amount established under section 4503.038 of the Revised Code for
each card issued under section 4507.50 of the Revised Code that will
expire on the applicant's birthday four years after the date of
issuance;

(2)
Two times the amount established under section 4503.038 of the
Revised Code for each card issued under section 4507.50 of the
Revised Code that will expire on the applicant's birthday eight years
after the date of issuance;

(3)
One dollar and fifty cents for the authentication of documents for
each card issued under section 4507.50 of the Revised Code that will
expire on the applicant's birthday four years after the date of
issuance;

(4)
Three dollars for the authentication of documents for each card
issued under section 4507.50 of the Revised Code that will expire on
the applicant's birthday eight years after the date of issuance;

(5)
The amount established under section 4503.038 of the Revised Code for
each replacement card issued under section 4507.52 of the Revised
Code.

(C)
The registrar may adopt any rules necessary to implement and
administer this section. Notwithstanding any provision of section
121.95 of the Revised Code to the contrary, a regulatory restriction
contained in a rule adopted under this section is not subject to
sections 121.95 to 121.953 of the Revised Code.

Sec.
4508.01.
As
used in this chapter:

(A)
"Beginning driver" means any person being trained to drive
a particular motor vehicle who has not been previously licensed to
drive that motor vehicle by any state or country.

(B)
"Person with a disability" means a person who, in the
opinion of the registrar of motor vehicles, has a physical or mental
disability or disease that prevents the person, in the absence of
special training or equipment, from exercising reasonable and
ordinary control over a motor vehicle while operating the vehicle
upon the highways. "Person with a disability" does not mean
any person who is or has been subject to any condition resulting in
episodic impairment of consciousness or loss of muscular control and
whose condition, in the opinion of the registrar, is dormant or is
sufficiently under medical control that the person is capable of
exercising reasonable and ordinary control over a motor vehicle.

(C)
"Driver training school" or "school" means any of
the following:

(1)
A private business enterprise conducted by an individual,
association, partnership, or corporation for the education and
training of persons to operate or drive motor vehicles, that does any
of the following:

(a)
Uses public streets or highways to provide training and charges a
consideration or tuition for such services;

(b)
Provides an online driver education course approved by the director
of public safety pursuant to division (A)(2) of section 4508.02 of
the Revised Code and charges a consideration or tuition for the
course;

(c)
Provides an abbreviated driver training course for adults
that
is approved by the director pursuant to division (F) of section
4508.02 of the Revised Code
and
charges a consideration or tuition for the course.

(2)
A lead school district as provided in section 4508.09 of the Revised
Code;

(3)
A board of education of a city, exempted village, local, or joint
vocational school district or the governing board of an educational
service center that offers a driver education course for high school
students enrolled in the district or in a district served by the
educational service center.

(D)
"Instructor" means any person, whether acting for self as
operator of a driver training school or for such a school for
compensation, who teaches, conducts classes of, gives demonstrations
to, or supervises practice of, persons learning to operate or drive
motor vehicles.

(E)
"Lead school district" means a school district, including a
joint vocational school district, designated by the department of
education and workforce as either a vocational education planning
district itself or as responsible for providing primary vocational
education leadership within a vocational education planning district
that is composed of a group of districts. A "vocational
education planning district" is a school district or group of
school districts designated by the department as responsible for
planning and providing vocational education services to students
within the district or group of districts.

Sec.
4508.02.
(A)(1)
The director of public safety, subject to Chapter 119. of the Revised
Code, shall adopt
and
prescribe such
rules

concerning
the administration and enforcement of this chapter as are necessary
to protect the public. The rules shall require
requiring

an
assessment of the holder of a probationary instructor license. The
director shall inspect the school facilities and equipment of
applicants and licensees and examine applicants for instructor's
licenses.

(2)
The director shall adopt rules governing online driver education
courses that may be completed via the internet to satisfy the
classroom instruction under division (C) of this section. The rules
shall do all of the following:

(a)
Establish standards that an online driver training enterprise must
satisfy to be licensed to offer an online driver education course via
the internet, including, at a minimum, proven expertise in providing
driver education and an acceptable infrastructure capable of
providing secure online driver education in accord with advances in
internet technology. The rules shall allow an online driver training
enterprise to be affiliated with a licensed driver training school
offering in-person classroom instruction, but shall not require such
an affiliation.

(b)
Establish content requirements that an online driver education course
must satisfy to be approved as equivalent to twenty-four hours of
in-person classroom instruction;

(c)
Establish attendance standards, including a maximum number of course
hours that may be completed in a twenty-four-hour period;

(d)
Allow an enrolled applicant to begin the required eight hours of
actual behind-the-wheel instruction upon completing all twenty-four
hours of course instruction
;

(e)
Establish any other requirements necessary to regulate online driver
education
.

(B)
The director shall administer and enforce this chapter.

(C)
The rules shall require twenty-four hours of completed in-person
classroom instruction or the completion of an approved, equivalent
online driver education course offered via the internet by a licensed
online driver training enterprise, followed by eight hours of actual
behind-the-wheel instruction conducted on public streets and highways
of this state for all beginning drivers of noncommercial motor
vehicles who are required to complete the training under section
4507.21 of the Revised Code. The rules shall allow beginning drivers
of noncommercial motor vehicles to complete the driver education
course at any point while holding a valid temporary instruction
permit. The rules also shall require the classroom instruction or
online driver education course for such drivers to include
instruction on both of the following:

(1)
The dangers of driving a motor vehicle while distracted, including
while using an electronic wireless communications device, or engaging
in any other activity that distracts a driver from the safe and
effective operation of a motor vehicle;

(2)
The dangers of driving a motor vehicle while under the influence of a
controlled substance, prescription medication, or alcohol.

(D)
The rules shall state the minimum hours for classroom and
behind-the-wheel instruction required for beginning drivers of
commercial trucks, commercial cars, buses, and commercial tractors,
trailers, and semitrailers.

(E)(1)
The department of public safety may charge a fee to each online
driver training enterprise in an amount sufficient to pay the actual
expenses the department incurs in the regulation of online driver
education courses.

(2)
The department shall supply to each licensed online driver training
enterprise certificates to be used for certifying an applicant's
enrollment in an approved online driver education course and a
separate certificate to be issued upon successful completion of an
approved online driver education course. The certificates shall be
numbered serially. The department may charge a fee to each online
driver training enterprise per certificate supplied to pay the actual
expenses the department incurs in supplying the certificates.

(F)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code governing an abbreviated driver training course for
adults.

Sec.
4509.03.
(A)
The registrar of motor vehicles shall administer and enforce sections
4509.01 to 4509.78 of the Revised Code.
He
may make rules necessary for such administration and
The
registrar
shall
provide for hearings upon request of persons aggrieved by
his
the
registrar's

orders or acts in accordance with sections 119.01 to 119.13 of the
Revised Code except as otherwise provided under section 4509.101 or
any other section of the Revised Code.

(B)
The registrar, with the approval of the director of public safety,
shall provide suitable forms for the purposes of sections 4509.01 to
4509.78 of
of

the
Revised Code.

Sec.
4509.101.
(A)(1)
No person shall operate, or permit the operation of, a motor vehicle
in this state, unless proof of financial responsibility is maintained
continuously throughout the registration period with respect to that
vehicle, or, in the case of a driver who is not the owner, with
respect to that driver's operation of that vehicle.

(2)
Whoever violates division (A)(1) of this section shall be subject to
the following civil penalties:

(a)
Subject to divisions (A)(2)(b) and (c) of this section, a class (F)
suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for the period of time specified in
division (B)(6) of section 4510.02 of the Revised Code and
impoundment of the person's license. The court may grant limited
driving privileges to the person, but only if the person presents
proof of financial responsibility and is enrolled in a reinstatement
fee payment plan pursuant to section 4510.10 of the Revised Code.

(b)
If, within one year of the violation, the person's operating
privileges are again suspended and the person's license again is
impounded for a violation of division (A)(1) of this section, a class
C suspension of the person's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege for the period of time specified in
division (B)(3) of section 4510.02 of the Revised Code. The court may
grant limited driving privileges to the person only if the person
presents proof of financial responsibility and has complied with
division (A)(5) of this section, and no court may grant limited
driving privileges for the first fifteen days of the suspension.

(c)
If, within one year of the violation, the person's operating
privileges are suspended and the person's license is impounded two or
more times for a violation of division (A)(1) of this section, a
class B suspension of the person's driver's license, commercial
driver's license, temporary instruction permit, probationary license,
or nonresident operating privilege for the period of time specified
in division (B)(2) of section 4510.02 of the Revised Code. The court
may grant limited driving privileges to the person only if the person
presents proof of financial responsibility and has complied with
division (A)(5) of this section, except that no court may grant
limited driving privileges for the first thirty days of the
suspension.

The
clerk of court shall waive the cost of filing a petition for limited
driving privileges if, pursuant to section 2323.311 of the Revised
Code, the petitioner applies to be qualified as an indigent litigant
and the court approves the application.

(3)
A person to whom this state has issued a certificate of registration
for a motor vehicle or a license to operate a motor vehicle or who is
determined to have operated any motor vehicle or permitted the
operation in this state of a motor vehicle owned by the person shall
be required to verify the existence of proof of financial
responsibility covering the operation of the motor vehicle or the
person's operation of the motor vehicle under either of the following
circumstances:

(a)
The person or a motor vehicle owned by the person is involved in a
traffic accident that requires the filing of an accident report under
section 4509.06 of the Revised Code.

(b)
The person receives a traffic ticket indicating that proof of the
maintenance of financial responsibility was not produced upon the
request of a peace officer or state highway patrol trooper made in
accordance with division (D)(2) of this section.

(4)
An order of the registrar that suspends a license shall state the
date on or before which the person is required to surrender the
person's license. The person is deemed to have surrendered the
license, in compliance with the order, if the person does either of
the following:

(a)
On or before the date specified in the order, delivers the license to
the registrar;

(b)
Mails the license to the registrar in an envelope or container
bearing a postmark showing a date no later than the date specified in
the order.

(5)
Except as provided in division (L) of this section, the registrar
shall not restore any operating privileges suspended under this
section, return any license surrendered under this section, or
reissue a license under section 4510.52 of the Revised Code, if the
registrar destroyed the suspended license under that section, unless
the rights are not subject to suspension or revocation under any
other law and unless the person, in addition to complying with all
other conditions required by law for reinstatement of the operating
privileges, complies with all of the following:

(a)
Pays to the registrar or an eligible deputy registrar a financial
responsibility reinstatement fee of forty dollars for the first
violation of division (A)(1) of this section, three hundred dollars
for a second violation of that division, and six hundred dollars for
a third or subsequent violation of that division;

(b)
Files and continuously maintains proof of financial responsibility in
accordance with sections 4509.44 to 4509.65 of the Revised Code;

(c)
Pays a deputy registrar a service fee of ten dollars to compensate
the deputy registrar for services performed under this section. The
deputy registrar shall retain eight dollars of the service fee and
shall transmit the reinstatement fee and two dollars of the service
fee to the registrar in the manner the registrar shall determine.

(B)(1)
Every party required to file an accident report under section 4509.06
of the Revised Code also shall include with the report a document
described in division (G)(1)(a) of this section or shall present
proof of financial responsibility through use of an electronic
wireless communications device as permitted by division (G)(1)(b) of
this section.

If
the registrar determines, within forty-five days after the report is
filed, that an operator or owner has violated division (A)(1) of this
section, the registrar shall do all of the following:

(a)
Order the suspension required under division (A)(2)(a), (b), or (c)
of this section of the license of any operator or owner who has
violated division (A)(1) of this section;

(b)
Record the name and address of the person whose license has been
suspended or is under an order of suspension, the serial number of
the person's license, and the person's social security account
number, if assigned, or, where the motor vehicle that is the subject
of the violation is used for hire or principally in connection with
any established business, the person's federal taxpayer
identification number. The information shall be recorded in such a
manner that it becomes a part of the person's permanent record, and
assists the registrar in monitoring compliance with the orders of
suspension.

(c)
Send written notification to every person to whom the order pertains,
at the person's last known address as shown on the records of the
bureau. The person, within ten days after the date of the mailing of
the notification, shall surrender to the registrar, in a manner set
forth in division (A)(4) of this section, any license under an order
of suspension.

(2)
The registrar shall issue any order under division (B)(1) of this
section without a hearing. Any person adversely affected by the
order, within fifteen days after the issuance of the order, may
request an administrative hearing before the registrar, who shall
provide the person with an opportunity for a hearing in accordance
with this paragraph. A request for a hearing does not operate as a
suspension of the order. The scope of the hearing shall be limited to
whether the person in fact demonstrated to the registrar proof of
financial responsibility in accordance with this section. The
registrar shall determine the date, time, and place of any hearing,
provided that the hearing shall be held, and an order issued or
findings made, within thirty days after the registrar receives a
request for a hearing. If requested by the person in writing, the
registrar may designate as the place of hearing the county seat of
the county in which the person resides or a place within fifty miles
of the person's residence. The person shall pay the cost of the
hearing before the registrar, if the registrar's order of suspension
is upheld.

(C)
Any order of suspension issued under this section or division (B) of
section 4509.37 of the Revised Code may be terminated at any time if
the registrar determines upon a showing of proof of financial
responsibility that the operator or owner of the motor vehicle was in
compliance with division (A)(1) of this section at the time of the
traffic offense, motor vehicle inspection, or accident that resulted
in the order against the person. A determination may be made without
a hearing. This division does not apply unless the person shows good
cause for the person's failure to present satisfactory proof of
financial responsibility to the registrar prior to the issuance of
the order.

(D)(1)(a)
For the purpose of enforcing this section, every peace officer is
deemed an agent of the registrar.

(b)
Any peace officer who, in the performance of the peace officer's
duties as authorized by law, becomes aware of a person whose license
is under an order of suspension, pursuant to this section, may
confiscate the license and return it to the registrar.

(2)
A peace officer shall request the owner or operator of a motor
vehicle to produce proof of financial responsibility in a manner
described in division (G) of this section at the time the peace
officer acts to enforce the traffic laws of this state and during
motor vehicle inspections conducted pursuant to section 4513.02 of
the Revised Code.

(3)
A peace officer shall indicate on every traffic ticket whether the
person receiving the traffic ticket produced proof of the maintenance
of financial responsibility in response to the officer's request
under division (D)(2) of this section. The peace officer shall inform
every person who receives a traffic ticket and who has failed to
produce proof of the maintenance of financial responsibility that the
person must submit proof to the traffic violations bureau with any
payment of a fine and costs for the ticketed violation or, if the
person is to appear in court for the violation, the person must
submit proof to the court.

(4)(a)
If a person who has failed to produce proof of the maintenance of
financial responsibility appears in court for a ticketed violation,
the court may permit the defendant to present evidence of proof of
financial responsibility to the court at such time and in such manner
as the court determines to be necessary or appropriate. In a manner
prescribed by the registrar, the clerk of courts shall provide the
registrar with the identity of any person who fails to submit proof
of the maintenance of financial responsibility pursuant to division
(D)(3) of this section.

(b)
If a person who has failed to produce proof of the maintenance of
financial responsibility also fails to submit that proof to the
traffic violations bureau with payment of a fine and costs for the
ticketed violation, the traffic violations bureau, in a manner
prescribed by the registrar, shall notify the registrar of the
identity of that person.

(5)(a)
Upon receiving notice from a clerk of courts or traffic violations
bureau pursuant to division (D)(4) of this section, the registrar
shall order the suspension of the license of the person required
under division (A)(2)(a), (b), or (c) of this section, effective
forty-five days after the date of the mailing of notification. The
registrar also shall notify the person that the person must present
the registrar with proof of financial responsibility in accordance
with this section, surrender to the registrar the person's license,
or submit a statement subject to section 2921.13 of the Revised Code
that the person did not operate or permit the operation of the motor
vehicle at the time of the offense. Notification shall be in writing
and shall be sent to the person at the person's last known address as
shown on the records of the bureau of motor vehicles. The person,
within forty-five days after the date of the mailing of notification,
shall present proof of financial responsibility, surrender the
license to the registrar in a manner set forth in division (A)(4) of
this section, or submit the statement required under this section
together with other information the person considers appropriate.

If
the registrar does not receive proof or the person does not surrender
the license, in accordance with this division, the registrar shall
permit the order for the suspension of the license of the person to
take effect.

(b)
In the case of a person who presents, within the forty-five-day
period, proof of financial responsibility, the registrar shall
terminate the order of suspension and shall send written notification
to the person, at the person's last known address as shown on the
records of the bureau.

(c)
Any person adversely affected by the order of the registrar under
division (D)(5)(a) or (b) of this section, within fifteen days after
the issuance of the order, may request an administrative hearing
before the registrar, who shall provide the person with an
opportunity for a hearing in accordance with this paragraph. A
request for a hearing does not operate as a suspension of the order.
The scope of the hearing shall be limited to whether, at the time of
the hearing, the person presents proof of financial responsibility
covering the vehicle and whether the person is eligible for an
exemption in accordance with this section or any rule adopted under
it. The registrar shall determine the date, time, and place of any
hearing; provided, that the hearing shall be held, and an order
issued or findings made, within thirty days after the registrar
receives a request for a hearing. If requested by the person, the
hearing may be held remotely by electronic means. If requested by the
person in writing, the registrar may designate as the place of
hearing the county seat of the county in which the person resides or
a place within fifty miles of the person's residence. Such person
shall pay the cost of the hearing before the registrar, if the
registrar's order of suspension under division (D)(5)(a) or (b) of
this section is upheld.

(6)
Any forms used by law enforcement agencies in administering this
section shall be prescribed, supplied, and paid for by the registrar.

(7)
No peace officer, law enforcement agency employing a peace officer,
or political subdivision or governmental agency that employs a peace
officer shall be liable in a civil action for damages or loss to
persons arising out of the performance of any duty required or
authorized by this section.

(8)
As used in this section, "peace officer" has the meaning
set forth in section 2935.01 of the Revised Code.

(E)
All fees, except court costs, fees paid to a deputy registrar, and
those portions of the financial responsibility reinstatement fees as
otherwise specified in this division, collected under this section
shall be paid into the state treasury to the credit of the public
safety - highway purposes fund established in section 4501.06 of the
Revised Code and used to cover costs incurred by the bureau in the
administration of this section and sections 4503.20, 4507.212, and
4509.81 of the Revised Code, and by any law enforcement agency
employing any peace officer who returns any license to the registrar
pursuant to division (C) of this section.

Of
each financial responsibility reinstatement fee the registrar
collects pursuant to division (A)(5)(a) of this section or receives
from a deputy registrar under division (A)(5)(c) of this section, the
registrar shall deposit ten dollars of each forty-dollar
reinstatement fee, fifty dollars of each three-hundred-dollar
reinstatement fee, and one hundred dollars of each six-hundred-dollar
reinstatement fee into the state treasury to the credit of the
indigent defense support fund created by section 120.08 of the
Revised Code.

(F)
Chapter 119. of the Revised Code applies to this section only to the
extent that any provision in that chapter is not clearly inconsistent
with this section.

(G)(1)(a)
The registrar, court, traffic violations bureau, or peace officer may
require proof of financial responsibility to be demonstrated by use
of a standard form prescribed by the registrar. If the use of a
standard form is not required, a person may demonstrate proof of
financial responsibility under this section by presenting to the
traffic violations bureau, court, registrar, or peace officer any of
the following documents or a copy of the documents:

(i)
A financial responsibility identification card as provided in section
4509.103 of the Revised Code;

(ii)
A certificate of proof of financial responsibility on a form provided
and approved by the registrar for the filing of an accident report
required to be filed under section 4509.06 of the Revised Code;

(iii)
A policy of liability insurance, a declaration page of a policy of
liability insurance, or liability bond, if the policy or bond
complies with section 4509.20 or sections 4509.49 to 4509.61 of the
Revised Code;

(iv)
A bond or certification of the issuance of a bond as provided in
section 4509.59 of the Revised Code;

(v)
A certificate of deposit of money or securities as provided in
section 4509.62 of the Revised Code;

(vi)
A certificate of self-insurance as provided in section 4509.72 of the
Revised Code.

(b)
A person also may present proof of financial responsibility under
this section to the traffic violations bureau, court, registrar, or
peace officer through use of an electronic wireless communications
device as specified under section 4509.103 of the Revised Code.

(2)
If a person fails to demonstrate proof of financial responsibility in
a manner described in division (G)(1) of this section, the person may
demonstrate proof of financial responsibility under this section by
any other method that the court or the bureau, by reason of
circumstances in a particular case, may consider appropriate.

(3)
A motor carrier certificated by the interstate commerce commission or
by the public utilities commission may demonstrate proof of financial
responsibility by providing a statement designating the motor
carrier's operating authority and averring that the insurance
coverage required by the certificating authority is in full force and
effect.

(4)(a)
A finding by the registrar or court that a person is covered by proof
of financial responsibility in the form of an insurance policy or
surety bond is not binding upon the named insurer or surety or any of
its officers, employees, agents, or representatives and has no legal
effect except for the purpose of administering this section.

(b)
The preparation and delivery of a financial responsibility
identification card or any other document authorized to be used as
proof of financial responsibility and the generation and delivery of
proof of financial responsibility to an electronic wireless
communications device that is displayed on the device as text or
images does not do any of the following:

(i)
Create any liability or estoppel against an insurer or surety, or any
of its officers, employees, agents, or representatives;

(ii)
Constitute an admission of the existence of, or of any liability or
coverage under, any policy or bond;

(iii)
Waive any defenses or counterclaims available to an insurer, surety,
agent, employee, or representative in an action commenced by an
insured or third-party claimant upon a cause of action alleged to
have arisen under an insurance policy or surety bond or by reason of
the preparation and delivery of a document for use as proof of
financial responsibility or the generation and delivery of proof of
financial responsibility to an electronic wireless communications
device.

(c)
Whenever it is determined by a final judgment in a judicial
proceeding that an insurer or surety, which has been named on a
document or displayed on an electronic wireless communications device
accepted by a court or the registrar as proof of financial
responsibility covering the operation of a motor vehicle at the time
of an accident or offense, is not liable to pay a judgment for
injuries or damages resulting from such operation, the registrar,
notwithstanding any previous contrary finding, shall forthwith
suspend the operating privileges and registration rights of the
person against whom the judgment was rendered as provided in division
(A)(2) of this section.

(H)
In order for any document or display of text or images on an
electronic wireless communications device described in division
(G)(1) of this section to be used for the demonstration of proof of
financial responsibility under this section, the document or words or
images shall state the name of the insured or obligor, the name of
the insurer or surety company, and the effective and expiration dates
of the financial responsibility, and designate by explicit
description or by appropriate reference all motor vehicles covered
which may include a reference to fleet insurance coverage.

(I)
For purposes of this section, "owner" does not include a
licensed motor vehicle leasing dealer as defined in section 4517.01
of the Revised Code, but does include a motor vehicle renting dealer
as defined in section 4549.65 of the Revised Code. Nothing in this
section or in section 4509.51 of the Revised Code shall be construed
to prohibit a motor vehicle renting dealer from entering into a
contractual agreement with a person whereby the person renting the
motor vehicle agrees to be solely responsible for maintaining proof
of financial responsibility, in accordance with this section, with
respect to the operation, maintenance, or use of the motor vehicle
during the period of the motor vehicle's rental.

(J)
The purpose of this section is to require the maintenance of proof of
financial responsibility with respect to the operation of motor
vehicles on the highways of this state, so as to minimize those
situations in which persons are not compensated for injuries and
damages sustained in motor vehicle accidents. The general assembly
finds that this section contains reasonable civil penalties and
procedures for achieving this purpose.

(K)
Nothing in this section shall be construed to be subject to section
4509.78 of the Revised Code.

(L)(1)
The registrar may terminate any suspension imposed under this section
and not require the owner to comply with division (A)(5) of this
section if the registrar with or without a hearing determines that
the owner of the vehicle has established by clear and convincing
evidence that all of the following apply:

(a)
The owner customarily maintains proof of financial responsibility.

(b)
Proof of financial responsibility was not in effect for the vehicle
on the date in question for one of the following reasons:

(i)
The vehicle was inoperable.

(ii)
The vehicle is operated only seasonally, and the date in question was
outside the season of operation.

(iii)
A person other than the vehicle owner or driver was at fault for the
lapse of proof of financial responsibility through no fault of the
owner or driver.

(iv)
The lapse of proof of financial responsibility was caused by
excusable neglect under circumstances that are not likely to recur
and do not suggest a purpose to evade the requirements of this
chapter.

(2)
The registrar may grant an owner or driver relief for a reason
specified in division (L)(1)(b)(iii) or (iv) of this section only if
the owner or driver has not previously been granted relief under
division (L)(1)(b)(iii) or (iv) of this section.

(M)
The registrar shall adopt rules in accordance with Chapter 119. of
the Revised Code that
are
necessary to administer and enforce this section. The rules shall

include
provisions relating to acceptable forms of proof of financial
responsibility, the use of an electronic wireless communications
device to present proof of financial responsibility, and verification
of the existence of financial responsibility during the period of
registration.

(N)(1)
When a person utilizes an electronic wireless communications device
to present proof of financial responsibility, only the evidence of
financial responsibility displayed on the device shall be viewed by
the registrar, peace officer, employee or official of the traffic
violations bureau, or the court. No other content of the device shall
be viewed for purposes of obtaining proof of financial
responsibility.

(2)
When a person provides an electronic wireless communications device
to the registrar, a peace officer, an employee or official of a
traffic violations bureau, or the court, the person assumes the risk
of any resulting damage to the device unless the registrar, peace
officer, employee, or official, or court personnel purposely,
knowingly, or recklessly commits an action that results in damage to
the device.

Sec.
4510.10.
(A)
As used in this section:

(1)
"Reinstatement fees" means the fees that are required under
section 4507.1612, 4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or
any other provision of the Revised Code, or under a schedule
established by the bureau of motor vehicles, in order to reinstate a
driver's or commercial driver's license or permit or nonresident
operating privilege of an offender under a suspension.

(2)
"Indigent" means a person who is a participant in any of
the following programs:

(a)
The supplemental nutrition assistance program administered by the
department of job and family services pursuant to section 5101.54 of
the Revised Code;

(b)
The medicaid program pursuant to Chapter 5163. of the Revised Code;

(c)
The Ohio works first program administered by the department of job
and family services pursuant to section 5107.10 of the Revised Code;

(d)
The supplemental security income program pursuant to 20 C.F.R.
416.1100;

(e)
The United States department of veterans affairs pension benefit
program pursuant to 38 U.S.C. 1521.

(B)
Reinstatement fees are those fees that compensate the bureau of motor
vehicles for suspensions, cancellations, or disqualifications of a
person's driving privileges and to compensate the bureau and other
agencies in their administration of programs intended to reduce and
eliminate threats to public safety through education, treatment, and
other activities. The registrar of motor vehicles shall not reinstate
a driver's or commercial driver's license or permit or nonresident
operating privilege of a person until the person has paid all
reinstatement fees and has complied with all conditions for each
suspension, cancellation, or disqualification incurred by that
person.

(C)
When a municipal court or county court determines in a pending case
involving an offender that the offender cannot reasonably pay
reinstatement fees due and owing by the offender relative to one or
more suspensions that have been or will be imposed by the bureau of
motor vehicles or by a court of this state, the court, by order, may
do either of the following:

(1)
Undertake an installment payment plan or a payment extension plan for
the payment of reinstatement fees due and owing to the bureau in that
pending case. The court shall establish an installment payment plan
or a payment extension plan in accordance with the requirements of
divisions (D)(1) and (2) of this section.

(2)
Authorize the offender to perform community service in lieu of
payment of the reinstatement fees.

A
court that authorizes an offender to perform community service in
lieu of paying reinstatement fees under this division shall provide
the offender with documentation indicating completion of the
court-ordered community service when the offender has completed that
community service. In addition to complying with all other applicable
requirements for reinstatement, other than payment of reinstatement
fees, the offender shall provide the documentation of completion to
the registrar when seeking reinstatement.

(D)
Independent of the provisions of division (C) of this section, an
offender who cannot reasonably pay reinstatement fees due and owing
by the offender relative to a suspension that has been imposed on the
offender may file a petition in the municipal court, county court,
or, if the person is under the age of eighteen, the juvenile division
of the court of common pleas in whose jurisdiction the person resides
or, if the person is not a resident of this state, in the Franklin
county municipal court or juvenile division of the Franklin county
court of common pleas for an order that does either of the following,
in order of preference:

(1)
Establishes a reasonable payment plan of not less than fifty dollars
per month, to be paid by the offender to the registrar of motor
vehicles or an eligible deputy registrar, in all succeeding months
until all reinstatement fees required of the offender are paid in
full. If the person is making payments to a deputy registrar, the
deputy registrar shall collect a service fee of ten dollars each time
the deputy registrar collects a payment to compensate the deputy
registrar for services performed under this section. The deputy
registrar shall retain eight dollars of the service fee and shall
transmit the reinstatement payments, plus two dollars of each service
fee, to the registrar in the manner the registrar shall determine.

(2)
If the offender, but for the payment of the reinstatement fees,
otherwise would be entitled to operate a vehicle in this state or to
obtain reinstatement of the offender's operating privileges, permits
the offender to operate a motor vehicle, as authorized by the court,
until a future date upon which date all reinstatement fees must be
paid in full. A payment extension granted under this division shall
not exceed one hundred eighty days, and any operating privileges
granted under this division shall be solely for the purpose of
permitting the offender occupational or "family necessity"
privileges in order to enable the offender to reasonably acquire the
delinquent reinstatement fees due and owing.

(E)
If a municipal court, county court, or juvenile division enters an
order of the type described in division (C) or division (D)(1) or (2)
of this section, the court, at any time after the issuance of the
order, may determine that a change of circumstances has occurred and
may amend the order as justice requires, provided that the amended
order also shall be an order that is permitted under division (C) or
division (D)(1) or (2) of this section.

(F)
If a court enters an order of the type described in division (C),
(D)(1), (D)(2), or (E) of this section, during the pendency of the
order, the offender in relation to whom it applies is not subject to
prosecution for failing to pay the reinstatement fees covered by the
order.

(G)(1)
In addition to divisions (A) to (F) of this section, the registrar,
with the approval of the director of public safety and in accordance
with Chapter 119. of the Revised Code, may adopt rules that do both
of the following:

(a)
Permit a person to pay reinstatement fees in installments in
accordance with division (G)(2) of this section;

(b)
Permit a person who is indigent to apply for and receive a waiver of
all reinstatement fees in accordance with division (G)(3) of this
section.

(2)
The rules governing the bureau of motor vehicles installment plan may
contain any of the following provisions:

(a)
A schedule establishing a minimum monthly payment amount;

(b)
If the person otherwise would have valid driving privileges but for
the payment of the reinstatement fees, the registrar may record the
person's driving privileges as "valid" so long as the
person's installments are current.

(c)
If the person's installments are not current, the registrar may
record the person's driving privileges as "suspended" or
"failure to reinstate," as appropriate.

(d)
Any other provision the registrar reasonably may prescribe.

(3)
The rules governing the bureau of motor vehicles waiver plan may
establish any of the following:

(a)
The form of the application;

(b)
The documentation required of a person to prove that the person is
indigent;

(c)
A process for recording the person's driving privileges as "valid"
after the waiver of the reinstatement fees
;

(d)
Any other requirements or procedures the registrar determines are
necessary for implementation of the waiver plan
.

(H)
Reinstatement fees are debts that may be discharged in bankruptcy.

Sec.
4510.108.
(A)
The director of public safety shall conduct public service
announcements regarding the permanent driver's license reinstatement
fee debt reduction and amnesty program that includes a description of
the program and its requirements. In addition, the director shall
make such information available on the department of public safety's
and the bureau of motor vehicle's web sites.

(B)
The director shall establish a toll-free telephone number by which a
person may receive information about the program and the person's
eligibility for the program. The toll-free telephone number shall be
listed as part of the public service announcements and on the
department and bureau web sites.

(C)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code in order to establish any requirements and procedures
necessary to administer and implement the program.

Sec.
4510.45.
(A)(1)
A manufacturer of ignition interlock devices that desires for its
devices to be certified under section 4510.43 of the Revised Code and
then to be included on the list of certified devices that the
department of public safety compiles and makes available to courts
pursuant to that section first shall obtain a license from the
department under this section.
The
department, in accordance with Chapter 119. of the Revised Code,
shall adopt any rules that are necessary to implement this licensing
requirement.

(2)
A manufacturer shall apply to the department for the license and
shall include all information the department may require

by rule
.
Each application, including an application for license renewal, shall
be accompanied by an application fee of one hundred dollars, which
the department shall deposit into the state treasury to the credit of
the indigent drivers alcohol treatment fund created by section
4511.191 of the Revised Code. Each application also shall be
accompanied by a signed agreement, in a form established by the
director, affirming that the manufacturer agrees to install and
monitor all devices produced by that manufacturer and affirming that
the manufacturer agrees to charge a reduced fee, established by the
department, for the installation and monitoring of a device used by a
person who is deemed to be an indigent offender by the court that
granted limited or unlimited driving privileges to the offender
subject to the condition that the offender use a certified ignition
interlock device.

(3)
Upon receipt of a completed application, if the department finds that
a manufacturer has complied with all application requirements, the
department shall issue a license to the manufacturer. A manufacturer
that has been issued a license under this section is eligible
immediately to have the models of ignition interlock devices it
produces certified under section 4510.43 of the Revised Code and then
included on the list of certified devices that the department
compiles and makes available to courts pursuant to that section.

(4)(a)
A license issued under this section shall expire annually on a date
selected by the department. The department shall reject the license
application of a manufacturer if any of the following apply:

(i)
The application is not accompanied by the application fee or the
required agreement.

(ii)
The department finds that the manufacturer has not complied with all
application requirements.

(iii)
The license application is a renewal application and the manufacturer
failed to file the annual report or failed to pay the fee as required
by division (B) of this section.

(iv)
The license application is a renewal application and the manufacturer
failed to monitor or report violations as required under section
4510.46 of the Revised Code.

(b)
The department may reject the license application of a manufacturer
if the manufacturer has a history of failing to properly install
immobilizing or disabling devices.

(c)
A manufacturer whose license application is rejected by the
department may appeal the decision to the director of public safety.
The director or the director's designee shall hold a hearing on the
matter not more than thirty days from the date of the manufacturer's
appeal. If the director or the director's designee upholds the denial
of the manufacturer's application for a license, the manufacturer may
appeal the decision to the Franklin county court of common pleas. If
the director or the director's designee reverses the denial of the
manufacturer's application for a license, the director or the
director's designee shall issue a written order directing that the
department issue a license to the manufacturer.

(B)
Every manufacturer of ignition interlock devices that is issued a
license under this section shall file an annual report with the
department on a form the department prescribes on or before a date
the department prescribes. The annual report shall state the amount
of net profit the manufacturer earned during a twelve-month period
specified by the department that is attributable to the sales of that
manufacturer's certified ignition interlock devices to purchasers in
this state. Each manufacturer shall pay a fee equal to five per cent
of the amount of the net profit described in this division.

The
department may permit annual reports to be filed via electronic
means.

(C)
The department shall deposit all fees it receives from manufacturers
under this section into the state treasury to the credit of the
indigent drivers alcohol treatment fund created by section 4511.191
of the Revised Code. All money so deposited into that fund that is
paid by the department of mental health and addiction services to
county indigent drivers alcohol treatment funds, county juvenile
indigent drivers alcohol treatment funds, and municipal indigent
drivers alcohol treatment funds shall be used only as described in
division (H)(3) of section 4511.191 of the Revised Code.

(D)(1)
The director may make an assessment, based on any information in the
director's possession, against any manufacturer that fails to file an
annual report or pay the fee required by division (B) of this
section. The director, in accordance with Chapter 119. of the Revised
Code, shall adopt rules governing assessments and assessment
procedures and related provisions. In adopting these rules, the
director shall incorporate the provisions of section 5751.09 of the
Revised Code to the greatest extent possible, except that the
director is not required to incorporate any provisions of that
section that by their nature are not applicable, appropriate, or
necessary to assessments made by the director under this section.

(2)
A manufacturer may appeal the final determination of the director
regarding an assessment made by the director under this section. The
director, in accordance with Chapter 119. of the Revised Code, shall
adopt rules governing such appeals. In adopting these rules, the
director shall incorporate the provisions of section 5717.02 of the
Revised Code to the greatest extent possible, except that the
director is not required to incorporate any provisions of that
section that by their nature are not applicable, appropriate, or
necessary to appeals of assessments made by the director under this
section.

(E)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt a penalty schedule setting forth the monetary penalties
to be imposed upon a manufacturer that is issued a license under this
section and fails to file an annual report or pay the fee required by
division (B) of this section in a timely manner. The penalty amounts
shall not exceed the maximum penalty amounts established in section
5751.06 of the Revised Code for similar or equivalent facts or
circumstances.

(F)(1)
No manufacturer of ignition interlock devices that is required by
division (B) of this section to file an annual report with the
department or to pay a fee shall fail to do so as required by that
division.

(2)
No manufacturer of ignition interlock devices that is required by
division (B) of this section to file an annual report with the
department shall file a report that contains incorrect or erroneous
information.

(G)
Whoever violates division (F)(2) of this section is guilty of a
misdemeanor of the first degree. The department shall remove from the
list of certified devices described in division (A)(1) of this
section the ignition interlock devices manufactured by a manufacturer
that violates division (F)(1) or (2) of this section.

Sec.
4511.76.
(A)
The department of public safety, by and with the advice of the
department of education and workforce, shall adopt and enforce rules
relating to the
operation,

construction,
design, and equipment, including lighting equipment
,

required
by section 4511.771 of the Revised Code,

of all school buses both publicly and privately owned and operated in
this state
,
in furtherance of sections 4511.761, 4511.762, 4511.763, 4511.764,
4511.765, 4511.77, 4511.771, and 4511.772 of the Revised Code
.

(B)

The
department of education and workforce, by and with the advice of the
director of public safety, shall adopt and enforce rules relating to
the operation of all vehicles used for pupil transportation.

(C)

No
person shall operate a vehicle used for pupil transportation within
this state in violation of the rules of the department of education
and workforce or the department of public safety. No person, being
the owner thereof or having the supervisory responsibility therefor,
shall permit the operation of a vehicle used for pupil transportation
within this state in violation of the rules of the department of
education and workforce or the department of public safety.

(D)
(C)

The department of public safety shall adopt and enforce rules
relating to the issuance of a license under section 4511.763 of the
Revised Code
.
The rules may relate

relating
to
the condition of the equipment to be operated; the liability and
property damage insurance carried by the applicant;
and

the
posting of satisfactory and sufficient bond
;
and such other rules as the director of public safety determines
reasonably necessary for the safety of the pupils to be transported
.

(E)
(D)

A chartered nonpublic school or a community school may own and
operate, or contract with a vendor that supplies, alternative
vehicles to transport students to and from regularly scheduled school
sessions, school-related activities, and school-sanctioned events
when one of the following applies:

(1)
A student's school district of residence has declared the
transportation of the student impractical pursuant to section 3327.02
of the Revised Code;

(2)
A student does not live within thirty minutes of the chartered
nonpublic school or the community school, as applicable, and the
student's school district is not required to transport the student
under section 3327.01 of the Revised Code;

(3)
The governing authority of the chartered nonpublic school or the
community school has offered to provide the transportation for its
students in lieu of the students being transported by their school
district of residence.

(F)
(E)

A school district may own and operate, or contract with a vendor that
supplies, alternative vehicles to transport students to and from
regularly scheduled school sessions, school-related activities, and
school-sanctioned events.

(G)
(F)

A school district or the governing authority of a chartered nonpublic
school or community school that uses an alternative vehicle in
accordance with division
(D)
or
(E)

or
(F)
of
this section, shall ensure that all of the following apply to the
operation of that vehicle:

(1)
A qualified mechanic inspects the vehicle not fewer than two times
each year and determines that it is safe for pupil transportation;

(2)
The driver of the vehicle does not stop on the roadway to load or
unload passengers;

(3)
The driver of the vehicle meets the requirements specified for a
driver of a school bus or motor van under section 3327.10 of the
Revised Code

and any corresponding rules adopted by the department of education
and workforce
.
Notwithstanding that section

or any department rules to the contrary
,
the driver is not required to have a commercial driver's license but
shall have a current, valid driver's license, and shall be accustomed
to operating the vehicle used to transport the students.

(4)
The driver and all passengers in the vehicle comply with the
requirements of sections 4511.81 and 4513.263 of the Revised Code, as
applicable.

(H)(1)
(G)(1)

A school district, a chartered nonpublic school, or a community
school may own and operate, or contract with a vendor that supplies,
a multifunction school activity bus to transport students between
school and school functions or activities.

(2)
A multifunction school activity bus shall not be used to transport
students between school and home or between school and designated
school bus stops.

(I)
(H)

As used in this section:

(1)
"Alternative vehicle" means a motor vehicle originally
manufactured and designed for not more than twelve passengers, not
including the driver.

(2)
"Vehicle used for pupil transportation" means any vehicle
that is identified as such by the department of education and
workforce
by
rule and
that
is subject to Chapter 3301-83 of the Administrative Code.

(J)
(I)

Except as otherwise provided in this division, whoever violates this
section is guilty of a minor misdemeanor. If the offender previously
has been convicted of or pleaded guilty to one or more violations of
this section or section 4511.63, 4511.761, 4511.762, 4511.764,
4511.77, or 4511.79 of the Revised Code or a municipal ordinance that
is substantially similar to any of those sections, whoever violates
this section is guilty of a misdemeanor of the fourth degree.

Sec.
4511.81.
(A)
When any child who is in either or both of the following categories
is being transported in a motor vehicle, other than a taxicab or
public safety vehicle as defined in section 4511.01 of the Revised
Code, that is required by the United States department of
transportation to be equipped with seat belts at the time of
manufacture or assembly, the operator of the motor vehicle shall have
the child properly secured in accordance with the manufacturer's
instructions in a child restraint system that meets federal motor
vehicle safety standards:

(1)
A child who is less than four years of age;

(2)
A child who weighs less than forty pounds.

(B)
When any child who is in either or both of the following categories
is being transported in a motor vehicle, other than a taxicab, that
is owned, leased, or otherwise under the control of a nursery school
or child care center, the operator of the motor vehicle shall have
the child properly secured in accordance with the manufacturer's
instructions in a child restraint system that meets federal motor
vehicle safety standards:

(1)
A child who is less than four years of age;

(2)
A child who weighs less than forty pounds.

(C)
When any child who is less than eight years of age and less than four
feet nine inches in height, who is not required by division (A) or
(B) of this section to be secured in a child restraint system, is
being transported in a motor vehicle, other than a taxicab or public
safety vehicle as defined in section 4511.01 of the Revised Code or a
vehicle that is regulated under section 5104.015 of the Revised Code,
that is required by the United States department of transportation to
be equipped with seat belts at the time of manufacture or assembly,
the operator of the motor vehicle shall have the child properly
secured in accordance with the manufacturer's instructions on a
booster seat that meets federal motor vehicle safety standards.

(D)
When any child who is at least eight years of age but not older than
fifteen years of age, and who is not otherwise required by division
(A), (B), or (C) of this section to be secured in a child restraint
system or booster seat, is being transported in a motor vehicle,
other than a taxicab or public safety vehicle as defined in section
4511.01 of the Revised Code, that is required by the United States
department of transportation to be equipped with seat belts at the
time of manufacture or assembly, the operator of the motor vehicle
shall have the child properly restrained either in accordance with
the manufacturer's instructions in a child restraint system that
meets federal motor vehicle safety standards or in an occupant
restraining device as defined in section 4513.263 of the Revised
Code.

(E)
Notwithstanding any provision of law to the contrary, no law
enforcement officer shall cause an operator of a motor vehicle being
operated on any street or highway to stop the motor vehicle for the
sole purpose of determining whether a violation of division (C) or
(D) of this section has been or is being committed or for the sole
purpose of issuing a ticket, citation, or summons for a violation of
division (C) or (D) of this section or causing the arrest of or
commencing a prosecution of a person for a violation of division (C)
or (D) of this section, and absent another violation of law, a law
enforcement officer's view of the interior or visual inspection of a
motor vehicle being operated on any street or highway may not be used
for the purpose of determining whether a violation of division (C) or
(D) of this section has been or is being committed.

(F)

The
director of public safety shall adopt such rules as are necessary to
carry out this section.

(G)

The
failure of an operator of a motor vehicle to secure a child in a
child restraint system, a booster seat, or an occupant restraining
device as required by this section is not negligence imputable to the
child, is not admissible as evidence in any civil action involving
the rights of the child against any other person allegedly liable for
injuries to the child, is not to be used as a basis for a criminal
prosecution of the operator of the motor vehicle other than a
prosecution for a violation of this section, and is not admissible as
evidence in any criminal action involving the operator of the motor
vehicle other than a prosecution for a violation of this section.

(H)
(G)

This section does not apply when an emergency exists that threatens
the life of any person operating or occupying a motor vehicle that is
being used to transport a child who otherwise would be required to be
restrained under this section. This section does not apply to a
person operating a motor vehicle who has an affidavit signed by a
physician licensed to practice in this state under Chapter 4731. of
the Revised Code, a clinical nurse specialist or certified nurse
practitioner licensed to practice in this state under Chapter 4723.
of the Revised Code, or a chiropractor licensed to practice in this
state under Chapter 4734. of the Revised Code that states that the
child who otherwise would be required to be restrained under this
section has a physical impairment that makes use of a child restraint
system, booster seat, or an occupant restraining device impossible or
impractical, provided that the person operating the vehicle has
safely and appropriately restrained the child in accordance with any
recommendations of the physician, nurse, or chiropractor as noted on
the affidavit.

(I)
(H)

There is hereby created in the state treasury the child highway
safety fund, consisting of fines imposed pursuant to division

(L)(1)
(K)(1)

of this section for violations of divisions (A), (B), (C), and (D) of
this section. The money in the fund shall be used by the department
of health only to defray the cost of designating hospitals as
pediatric trauma centers under section 3727.081 of the Revised Code
and to establish and administer a child highway safety program. The
purpose of the program shall be to educate the public about child
restraint systems and booster seats and the importance of their
proper use. The program also shall include a process for providing
child restraint systems and booster seats to persons who meet the
eligibility criteria established by the department, and a toll-free
telephone number the public may utilize to obtain information about
child restraint systems and booster seats, and their proper use.

(J)
(I)

The director of health, in accordance with Chapter 119. of the
Revised Code, shall adopt
any
rules necessary to carry out this section, including
rules
establishing the criteria a person must meet in order to receive a
child restraint system or booster seat under the department's child
highway safety program
;
provided that rules relating to the verification of pediatric trauma
centers shall not be adopted under this section
.

(K)
(J)

Nothing in this section shall be construed to require any person to
carry with the person the birth certificate of a child to prove the
age of the child, but the production of a valid birth certificate for
a child showing that the child was not of an age to which this
section applies is a defense against any ticket, citation, or summons
issued for violating this section.

(L)(1)
(K)(1)

Whoever violates division (A), (B), (C), or (D) of this section shall
be punished as follows, provided that the failure of an operator of a
motor vehicle to secure more than one child in a child restraint
system, booster seat, or occupant restraining device as required by
this section that occurred at the same time, on the same day, and at
the same location is deemed to be a single violation of this section:

(a)
Except as otherwise provided in division
(L)(1)(b)
(K)(1)(b)

of this section, the offender is guilty of a minor misdemeanor and
shall be fined not less than twenty-five dollars nor more than
seventy-five dollars.

(b)
If the offender previously has been convicted of or pleaded guilty to
a violation of division (A), (B), (C), or (D) of this section or of a
municipal ordinance that is substantially similar to any of those
divisions, the offender is guilty of a misdemeanor of the fourth
degree.

(2)
All fines imposed pursuant to division
(L)(1)
(K)(1)

of this section shall be forwarded to the treasurer of state for
deposit in the child highway safety fund created by division
(I)
(H)

of this section.

Sec.
4513.52.
(A)
The department of public safety, with the advice of the public
utilities commission, shall adopt and enforce rules relating to the
inspection of buses
to
determine whether a bus is safe and lawful, including whether its
equipment is in proper adjustment or repair.

(B)
The rules shall
that

determine
the safety features, items of equipment, and other safety-related
conditions subject to inspection. The rules may authorize the state
highway patrol to operate safety inspection sites, or to enter in or
upon the property of any bus operator to conduct the safety
inspections, or both. The rules also shall establish a fee, not to
exceed two hundred dollars, for each bus inspected.

(C)
(B)

The state highway patrol shall conduct the bus safety inspections at
least on an annual basis. An inspection conducted under this section
is valid for twelve months unless, prior to that time, the bus fails
a subsequent inspection or ownership of the bus is transferred.

(D)
(C)

The state highway patrol shall collect a fee for each bus inspected.

(E)
(D)

Upon determining that a bus is in safe operating condition, that its
equipment is in proper adjustment and repair, and that it is
otherwise lawful, the inspecting officer shall do both of the
following:

(1)
Affix an official safety inspection decal to the outside surface of
each side of the bus;

(2)
Issue the owner or operator of the bus a safety inspection report, to
be presented to the registrar or a deputy registrar upon application
for registration of the bus.

Sec.
4517.17.
(A)
Each person applying for a construction equipment auction license
shall make out and deliver an application to the registrar of motor
vehicles, upon a form furnished by the registrar for that purpose.
The application shall be signed and sworn to by the applicant and
shall include such information as the registrar may require by rule.

(B)
The registrar shall issue a construction equipment auction license to
any applicant who meets the requirements of this section and section
4517.16 of the Revised Code and pays the fee required by this
section.

(C)
A construction equipment auction license shall expire five years
after the date of issuance unless sooner revoked. The fee for a
construction equipment auction license shall be seven thousand five
hundred dollars and shall accompany the application. The registrar
shall deposit all fees received under this section into the state
treasury to the credit of the public safety - highway purposes fund
established by section 4501.06 of the Revised Code.

(D)

In
accordance with Chapter 119. of the Revised Code, the registrar shall
adopt rules necessary for the regulation of construction equipment
auction sales and licensees, which rules shall be specific to
construction equipment auction sales and licensees, separate and
distinct from any other rules adopted under this chapter.

(E)

At the time the registrar grants the application of any person for a
construction equipment auction license, the registrar shall issue to
the person a license, which shall include the name and post-office
address of the person licensed.

(F)
(E)

The business records of a construction equipment auction licensee
shall be open for reasonable inspection by the registrar or the
registrar's authorized agent.

(G)
(F)

Each construction equipment auction licensee shall keep the license,
or a certified copy of the license, posted in a conspicuous place in
each place of its business.

Sec.
4517.22.
(A)
As used in this section:

(1)
"General market area" means the contiguous geographical
area established by a motor vehicle show sponsor that is based upon
the size of the show and that does not unreasonably exclude any
licensed new motor vehicle dealer.

(2)
"Gross vehicle weight rating" means the maximum weight
while loaded at which a motor vehicle can safely operate as rated by
its manufacturer.

(3)
"Livestock trailer" means a new or used trailer designed by
its manufacturer to be used to transport horses or to transport
animals generally used for food or in the production of food,
including cattle, sheep, goats, rabbits, poultry, swine,
alpacas,

and

any
other animals included by the director of agriculture in rules
adopted under section 901.72 of the Revised Code
llamas
.

(4)
"Major livestock show" means any show of livestock that is
held at the Ohio state fairgrounds, is national in scope, and that
continues for more than ten consecutive days.

(5)
"Motor vehicle show" means a display of new motor vehicles
that lasts not more than ten days by more than one new motor vehicle
dealer dealing in competitive types of motor vehicles and that is
authorized by the registrar of motor vehicles primarily to allow the
general public an opportunity to compare and inspect a variety of
makes and models simultaneously, test drive vehicles, and gain an
understanding of new technology and available features.

(B)
Any group of licensed new motor vehicle dealers may display motor
vehicles at a motor vehicle show within the general market area
assigned by the sponsor if, not less than thirty days before the
planned opening date of the motor vehicle show, the sponsor executes
and files with the registrar an affidavit, in a form prescribed by
the registrar, that certifies that all requirements of this section
have been or will be met, as applicable.

If
the registrar approves the affidavit, the registrar shall grant the
sponsor permission to conduct the motor vehicle show. If the
registrar determines that there is a deficiency in the affidavit, the
registrar shall inform the sponsor of the deficiency as soon as
possible after the registrar receives the affidavit so that the
sponsor has the opportunity to remedy the deficiency. The registrar
also shall describe with specificity the measures the sponsor is
required to take in order to cure the deficiency. The sponsor shall
return the corrected affidavit to the registrar not later than before
the planned opening date of the motor vehicle show in order for the
sponsor to be eligible to hold the show. If the registrar finds that
the deficiency has been cured in the corrected affidavit, the
registrar shall grant the sponsor permission to conduct the motor
vehicle show. If the registrar finds that the deficiency has not been
cured, the registrar shall deny the sponsor permission to conduct the
motor vehicle show.

(C)
No contracts shall be signed, deposits taken, or sales consummated at
the location of a motor vehicle show.

(D)
Any sponsor of a motor vehicle show or the sponsor's representative
shall offer by mail an invitation to all new motor vehicle dealers
dealing in competitive types of motor vehicles in the general market
area to participate and display motor vehicles in the show. The
sponsor or representative may offer a similar invitation to
manufacturers or distributors. A copy of each invitation shall be
retained by the sponsor for one year after the show.

(E)
A manufacturer or distributor may hold in any public place a motor
vehicle show at which only one motor vehicle is displayed, but no
such single unit show shall be held unless the manufacturer or
distributor executes and files with the registrar not less than
thirty days before the show an affidavit, in a form prescribed by the
registrar, that certifies that all requirements of this section have
been or will be met, as applicable, and subsequently receives
approval of that affidavit from the registrar.

(F)
The registrar shall not grant permission for any motor vehicle show
to be held, unless it is proven to the registrar's satisfaction that
no attempt is being made to circumvent the provisions of sections
4517.01 to 4517.45 of the Revised Code.

(G)
Nothing contained in this section shall be construed as prohibiting
the taking of orders for nonmotorized recreational vehicles as
defined in section 4501.01 of the Revised Code at sports or camping
shows.

(H)
No motor vehicle dealer, motor vehicle leasing dealer, motor vehicle
auction owner, or distributor licensed under sections 4517.01 to
4517.45 of the Revised Code shall display a motor vehicle at any
place except the dealer's, owner's, or distributor's licensed
location, unless the dealer, owner, or distributor first obtains
permission from the registrar and complies with the applicable rules
of the motor vehicle dealers board or the display is authorized
pursuant to section 4517.221 of the Revised Code.

(I)
Nothing contained in this section shall be construed as prohibiting
the display of, the taking of orders for, or the sale of, livestock
trailers at livestock and agricultural shows, including county fairs.
Notwithstanding section 4517.03 of the Revised Code, livestock
trailers may be sold at livestock and agricultural shows, including
county fairs, as permitted by this division.

(J)
Notwithstanding any provision of this section to the contrary, for a
period not to exceed thirty days, contracts may be signed, deposits
taken, and sales consummated at the location of a motor vehicle show
if all of the following apply:

(1)
The motor vehicles involved are horse trailers or motor vehicles that
have a gross vehicle weight rating of six thousand eight hundred
pounds or more.

(2)
The motor vehicle show is being held as part of or in connection with
a major livestock show.

(3)
The licensed new motor vehicle dealers involved have complied with
the applicable requirements of this section.

(4)
The registrar has granted permission for the motor vehicle show in
accordance with division (F) of this section.

(K)(1)
Notwithstanding division (H) of this section, if, pursuant to
division (B) of this section, the registrar has granted a show
representative permission to hold a motor vehicle show at the annual
fair of a county or independent agricultural society and if the
society files a certification under division (K)(2) of this section,
a new motor vehicle dealer may display motor vehicles at that annual
fair even if no other new motor vehicle dealer displays competitive
makes and models at the fair.

(2)
To obtain a waiver under division (K)(1) of this section, a county or
independent agricultural society shall certify all of the following:

(a)
That an invitation was sent to all new motor vehicle dealers within
the county where the fair is held;

(b)
That the terms of the invitation were reasonable and
nondiscriminatory;

(c)
That only one new motor vehicle dealer accepted the invitation.

(L)(1)
Until six months after March 23, 2015, whoever violates this section
or section 4517.221 of the Revised Code is guilty of a misdemeanor of
the fourth degree.

(2)
The board shall adopt rules establishing the amount of a penalty for
a violation of this section or section 4517.221 of the Revised Code,
which shall not exceed one thousand dollars for each violation.

(3)
Beginning six months after March 23, 2015, after finding, pursuant to
adjudication conducted in accordance with Chapter 119. of the Revised
Code, that a person has violated this section or section 4517.221 of
the Revised Code, the board may order the person to pay an
administrative penalty described in division (L)(2) of this section
for each violation in accordance with the rule adopted by the board.

(4)
For purposes of the administrative penalties described in divisions
(L)(2) and (3) of this section, each sale that occurs in violation of
this section or section 4517.221 of the Revised Code and each day
that a violation occurs or continues to occur constitutes a separate
violation.

(5)
All penalties collected pursuant to division (L)(3) of this section
shall be paid to the title defect rescission fund established in
section 1345.52 of the Revised Code.

Sec.
4517.32.
Subject
to sections 119.01 to 119.12 and section 4517.35 of the Revised Code,
the motor vehicle dealers board may make
such
reasonable rules as are necessary to carry out and effect its duties
under this chapter, including such
rules

as
are necessary
relating
to the time, place, and manner of conducting hearings on the
issuance, suspension, or revocation of licenses, and on protests
filed under sections 4517.50, 4517.52, 4517.53, 4517.54, and 4517.56
of the Revised Code. The board may hear testimony in matters relating
to the duties imposed upon it and the president and the secretary of
the board may administer oaths. The board may require any proof it
considers advisable and may require the attendance of such witnesses
and the production of such books, records, and papers as it desires
at any hearing before it or relating to any matter that it has
authority to investigate. The board may, through its secretary, issue
a subpoena for any witness, or a subpoena duces tecum for the
production of any books, records, and papers, directed to the sheriff
of the county where such witness resides or is found, which subpoena
shall be served and returned in the same manner as a subpoena in a
criminal case.

The
fees of the sheriff shall be the same as that allowed in the court of
common pleas in criminal cases. Witnesses shall be paid the fees and
mileage provided for under section 119.094 of the Revised Code. The
fees and mileage shall be paid in the same manner as other expenses
of the board.

Depositions
of witnesses residing within or without the state may be taken by the
board in the manner prescribed for like depositions in civil actions
in the court of common pleas. In any case of disobedience to or
neglect of any subpoena served on any person, or the refusal of any
witness to testify to any matter regarding which the witness may
lawfully be interrogated, the court of common pleas of any county
where such disobedience, neglect, or refusal occurs, or any judge
thereof on application of the secretary of the board, shall compel
obedience by attachment proceedings for contempt as in the case of
disobedience of a subpoena issued from such court or a refusal to
testify therein.

Sec.
4519.20.
(A)
The director of public safety, pursuant to Chapter 119. of the
Revised Code, shall adopt rules for the equipment of snowmobiles,
off-highway motorcycles, and all-purpose vehicles
.
The rules may be revised from time to time as the director considers
necessary, and shall

that
include
,
but not necessarily be limited to,

requirements for the following items of equipment:

(1)
At least one headlight having a minimum candlepower of sufficient
intensity to reveal persons and objects at a distance of at least one
hundred feet ahead under normal atmospheric conditions during hours
of darkness;

(2)
At least one red tail light having a minimum candlepower of
sufficient intensity to be plainly visible from a distance of five
hundred feet to the rear under normal atmospheric conditions during
hours of darkness;

(3)
Adequate brakes. Every snowmobile, while traveling on packed snow,
shall be capable of carrying a driver who weighs one hundred
seventy-five pounds or more, and, while carrying such driver, be
capable of stopping in not more than forty feet from an initial
steady speed of twenty miles per hour, or locking its traction belt.

(4)
A muffler system capable of precluding the emission of excessive
smoke or exhaust fumes, and of limiting the engine noise of vehicles.
On snowmobiles manufactured after January 1, 1973, such requirement
shall include sound dampening equipment such that noise does not
exceed eighty-two decibels on the "A" scale at fifty feet
as measured according to SAE J192 (September 1970).

(B)
No person shall operate any snowmobile, off-highway motorcycle, or
all-purpose vehicle in violation of division (A)(1), (2), (3), or (4)
of this section, except that equipment specified in divisions (A)(1)
and (2) of this section shall not be required on snowmobiles,
off-highway motorcycles, or all-purpose vehicles operated during the
daylight hours.

(C)
Except as otherwise provided in this division, whoever violates
division (B) of this section shall be fined not more than fifty
dollars. If the offender within the preceding year previously has
committed a violation of division (B) of this section, whoever
violates division (B) of this section shall be fined not less than
fifteen nor more than one hundred dollars, imprisoned not more than
three days, or both.

Sec.
4519.51.
The
registrar of motor vehicles shall
adopt
rules the registrar considers necessary to
ensure
uniform and orderly operation of sections 4519.51 to 4519.70 of the
Revised Code
,
and the clerks of the courts of common pleas shall conform to those
rules
.
The registrar shall receive and file in the registrar's office all
information forwarded to the registrar by the clerks
of
the courts of common pleas
under

those

sections

4519.51 to 4519.70 of the Revised Code
,
and the clerks shall maintain in their offices indexes for the
certificates of title.

The
registrar shall check with the registrar's records all certificates
of title received in the registrar's office from the clerks.

If
it appears that any certificate of title has been issued improperly,
the registrar shall cancel the certificate. Upon the cancellation of
any certificate of title, the registrar shall notify the clerk who
issued it, and the clerk shall enter the cancellation in the clerk's
records. The registrar also shall notify the person to whom the
certificate of title was issued, as well as any lienholders appearing
on it, of the cancellation and, if it is a physical certificate of
title, shall demand surrender of the certificate of title, but the
cancellation shall not affect the validity of any lien noted on it.
The holder of a physical certificate of title shall return it
immediately to the registrar.

The
clerks shall keep on hand a sufficient supply of blank forms, which,
except for the certificate of title and memorandum certificate forms,
shall be furnished and distributed without charge to registered
manufacturers or dealers, or other persons residing within the
county.

Sec.
4521.10.
(A)(1)
If a judgment or default judgment is entered against a person
pursuant to section 4521.08 of the Revised Code for a violation of an
ordinance, resolution, or regulation that regulates the standing or
parking of a vehicle in an accessible parking space and the person
has not paid the judgment or default judgment within ten days of the
date of entry of the judgment, the parking violations bureau, joint
parking violations bureau, or traffic violations bureau in which the
judgment was entered may give notice of that fact to the registrar of
motor vehicles. The notice, if given, shall be given not earlier than
sixteen days nor later than three years after the date of entry of
the judgment, and shall be in a form and manner, and contain such
information, as the registrar prescribes.

(2)
If three or more judgments or default judgments have been entered
against a person pursuant to section 4521.08 of the Revised Code and
the person has not paid the judgments or default judgments within ten
days of the date of entry of the third judgment, the parking
violations bureau, joint parking violations bureau, or traffic
violations bureau in which the judgments were entered may give notice
of that fact to the registrar. The notice, if given, shall be given
not earlier than sixteen days nor later than three years after the
date of entry of the third judgment, and shall be in a form and
manner, and contain such information, as the registrar prescribes.

(B)(1)
Upon receipt of a notice as provided in division (A) of this section,
neither the registrar nor any deputy registrar shall accept any
application for the registration or transfer of registration of any
motor vehicle owned or leased by the person named in the notice
unless the person presents a release as provided in division (C) of
this section or unless the registrar is properly notified by the
parking violations bureau, joint parking violations bureau, or
traffic violations bureau that the judgment or default judgment
described in division (A)(1) of this section or the judgments or
default judgments described in division (A)(2) of this section have
been paid, dismissed, or reversed on appeal, or that the initial
notice was given in error and is therefore canceled.

(2)
The registrar shall not be required to give effect to any notice
provided by a parking violations bureau, joint parking violations
bureau, or traffic violations bureau under division (A) of this
section unless the information contained in the "Ohio uniform
traffic tickets" described in Traffic Rule 3 (A) and (B) that
the bureau processes is transmitted to the registrar by means of an
electronic transfer system.

(C)
When a notice as provided in division (A) of this section is given to
the registrar and the judgments or default judgments are subsequently
paid, dismissed, or reversed on appeal, or it is discovered that the
notice was given in error and is therefore canceled, the parking
violations bureau, joint parking violations bureau, or traffic
violations bureau giving the initial notice shall immediately notify
the registrar of such payment, dismissal, reversal, or cancellation.
The notification shall be in a form and manner, and contain such
information, as the registrar prescribes. If the initial notice was
not given in error, the parking violations bureau, joint parking
violations bureau, or traffic violations bureau shall charge the
person a five dollar processing fee for each judgment or default
judgment to cover the costs of the bureau of motor vehicles in
administering this section. Upon payment of the fee, the parking
violations bureau, joint parking violations bureau, or traffic
violations bureau shall give to the person a release to be presented
at the time of registering or transferring the registration of a
motor vehicle owned or leased by the person. All fees collected under
this division shall be transmitted monthly to the registrar for
deposit in the public safety - highway purposes fund established by
section 4501.06 of the Revised Code.

(D)
The registrar shall cause the information contained in each notice
received pursuant to division (A) of this section to be removed from
the records of the bureau of motor vehicles and of the deputy
registrars thirteen months after the date the information was entered
into the records, unless the registrar receives a further notice from
the parking violations bureau, joint parking violations bureau, or
traffic violations bureau submitting the initial notice that the
judgments or default judgments are still outstanding.

(E)
When any application for the registration or transfer of registration
of a motor vehicle is refused as provided in division (B) of this
section, the registrar or deputy registrar to whom application is
made shall inform the person that no such application may be accepted
unless the person presents a release as provided in division (C) of
this section or the records of the bureau of motor vehicles and of
the deputy registrar indicate that each judgment and default judgment
against the person is paid, dismissed, reversed on appeal, or
canceled.

(F)
When any person named in a notice as provided in division (A) of this
section applies for the registration or transfer of registration of
any motor vehicle owned or leased by the person and presents a
release as provided in division (C) of this section or the records of
the bureau of motor vehicles and of any deputy registrar to whom the
application is made indicate that each judgment and default judgment
against the person has been paid, dismissed, or reversed on appeal,
the registrar or deputy registrar shall accept the application for
registration or transfer of registration and may issue a certificate
of registration or amended certificate of registration for the motor
vehicle.

(G)
In determining whether the judgments or default judgments that have
been entered against a person as provided in division (A)(2) of this
section total three or more, the parking violations bureau, joint
parking violations bureau, or traffic violations bureau may apply to
that total any violation the person committed during the relevant
time period by illegally standing or parking a vehicle in an
accessible parking space, irrespective of the amount of the fine
imposed for such violation.

(H)
The registrar shall adopt such rules as the registrar considers
necessary to ensure the orderly operation of sections 4521.09 and
4521.10 of the Revised Code, and any parking violations bureau, joint
parking violations bureau, or traffic violations bureau shall conform
to those rules.

Sec.
4561.05.
The
department of transportation shall administer Chapter 4561. of the
Revised Code.

The department may adopt and promulgate such rules as it determines
necessary to carry out this chapter.

The
department may issue and amend orders
,

and
make, promulgate, and amend, reasonable general and special rules and
procedure,

and establish minimum standards.

The
department may establish safety rules governing air navigation
hazards, and the location, size, use, and equipment of airports and
landing areas, and rules governing air marking, the use of signs or
lights designed to be visible from the air, and other air navigation
facilities.

All
rules and amendments thereto, prescribed by the department, shall
conform to and coincide with, so far as possible, the "Civil
Aeronautics Act of 1938," 52 Stat. 973, 49 U.S.C. 401, as
amended, passed by the congress of the United States, and the air
commerce regulations issued pursuant thereto.

All
acts of the department authorized under this section shall be carried
on in conformity with Chapter 119. of the Revised Code.

Sec.
4561.32.
(A)
In accordance with Chapter 119. of the Revised Code, the department
of transportation shall adopt, and may amend and rescind,

any rules necessary to administer sections 4561.30 to 4561.39 of the
Revised Code and shall adopt
rules
based in whole upon the obstruction standards set forth in 14 C.F.R.

77.21
to 77.29
Part
77
,
as amended, to uniformly regulate the height and location of
structures and objects of natural growth in any airport's clear zone
surface, horizontal surface, conical surface, primary surface,
approach surface, or transitional surface. The rules shall provide
that the department may grant a permit under section 4561.34 of the
Revised Code that includes a waiver from full compliance with the
obstruction standards. The rules shall also provide that the
department shall base its decision on whether to grant such a waiver
on sound aeronautic principles, as set out in F.A.A. technical
manuals, as amended, including advisory circular 150/5300-13,
"airport design standards"; 7400.2c, "airspace
procedures handbook,"; and the U.S. terminal procedures
handbook.

(B)
The department may conduct any studies or investigations it considers
necessary to carry out sections 4561.30 to 4561.39 of the Revised
Code.

Sec.
4701.03.
(A)
The accountancy board annually shall elect a president, secretary,
and treasurer from its members.
The
board may adopt and amend rules for the orderly conduct of its
affairs and for the administration of this chapter.
The
board may adopt and amend rules defining the practice of public
accounting, rules of professional conduct appropriate to establish
and maintain a high standard of integrity and dignity in registrants
and certificate holders under this chapter, and rules regulating the
sole proprietorship, partnership, limited liability company,
professional association, corporation-for-profit, or other legal
entity practice of public accounting. A majority of the board shall
constitute a quorum for the transaction of business.

(B)
The board shall keep and hold open for public inspection all records
of its proceedings.

(C)
The board may employ any clerks that are necessary to assist it in
the performance of its duties and the keeping of its records. If the
board employs an executive director, the board shall pay the
executive director in accordance with section 124.152 of the Revised
Code.

Sec.
4703.02.
The
architects board shall organize by electing from its membership a
president and a secretary, and also a vice-president and an assistant
secretary, who shall act during absence or disability of the
president or secretary respectively.

The
board shall adopt
all
necessary
rules,
regulations, and bylaws, not inconsistent with sections 4703.01 to
4703.19 of the Revised Code and the constitutions and laws of this
state or of the United States, to govern its times and places of
meeting for organization and reorganization, for the holding of
examinations, and for fixing the length of the term of its officers.
The board, under Chapter 119. of the Revised Code, may adopt,
promulgate, and enforce rules governing the standards of education,
service, conduct, and practice to be followed in the practice of the
profession of architecture in the state
,
including rules for the enforcement of sections 4703.01 to 4703.19 of
the Revised Code
.
The board shall include among the rules adopted governing the
standards of practice, requirements regarding financial
responsibility and professional liability insurance. The board may
adopt rules pertaining to the satisfactory completion of continuing
education requirements.

If
the board adopts rules pertaining to continuing education
requirements, the board shall, in general, follow model continuing
education recommendations established by the national council of
architectural registration boards or a similar successor
organization.

The
board shall issue to each successful examination applicant a
certificate of qualification to practice architecture and shall
impress on each certificate issued the seal of the board.

The
secretary of the board shall be responsible for keeping a true and
complete record of all proceedings of the board. The board may employ
an executive secretary, investigators, and clerical assistance it
determines necessary.

Sec.
4703.06.
(A)
Any person shall, before engaging in the practice of architecture or
before being styled or known as an architect, secure from the
architects board a certificate of the person's qualifications to
practice under the title of "architect," and be registered
with the board.

Any
person holding such certificate and being registered pursuant to
sections 4703.01 to 4703.19 of the Revised Code may be styled or
known as an architect or as a registered architect.

No
other person shall assume such title or use any abbreviation, or any
words, letters, or figures, to indicate or imply that the person is
an architect or registered architect, except that persons may be
authorized by the board to use the specific title "intern
architect," "architectural intern," or "emeritus
architect" as described in division (B) of this section.

(B)
The board may authorize by rule any person to use the title "intern
architect," "architectural intern," or "emeritus
architect." The board may adopt any rules
the
board deems necessary pertaining to intern architects, architectural
interns, and emeritus architects, including, but not limited to,
rules
pertaining
to registration, registration fees, and renewal fees

for intern architects, architectural interns, and emeritus
architects
.

Sec.
4707.19.
(A)
The director of agriculture
may
adopt reasonable rules necessary for the implementation of this
chapter in accordance with Chapter 119. of the Revised Code. In
addition, the director
shall
adopt rules in accordance with Chapter 119. of the Revised Code that
establish the portion of license fees collected under this chapter
that are to be deposited into the auction recovery fund under section
4707.25 of the Revised Code.

No
person shall fail to comply with a rule adopted under this chapter.

(B)
The director shall adopt rules that establish a schedule of civil
penalties for violations of this chapter, rules adopted under it, or
orders issued under it. The rules shall provide that the civil
penalty for the first violation of this chapter, rule, or order shall
not exceed five thousand dollars and the civil penalty for each
subsequent offense shall not exceed ten thousand dollars. In
addition, the director, in establishing the schedule of civil
penalties in the rules, shall consider past violations of this
chapter and rules adopted under it, the severity of a violation, and
the amount of actual or potential damage to the public or the auction
profession.

(C)
The department of agriculture may hear testimony in matters relating
to the duties imposed on it, and any person authorized by the
director may administer oaths. The department may require other proof
of the honesty and truthfulness of any person named in the
application for an auction firm's or auctioneer's license before
admitting the applicant to an examination or issuing a license.

Sec.
4709.05.
(A)
In addition to any other duty imposed on the state cosmetology and
barber board under this chapter or Chapter 4713. of the Revised Code,
the board shall do all of the following:

(1)
Regulate the practice of barbering in this state;

(2)
Conduct or have conducted the examination for applicants to practice
as licensed barbers;

(3)
Prescribe and make available application forms to be used by
individuals seeking admission to an examination conducted under
section 4709.07 of the Revised Code or a license or permit issued
under this chapter;

(4)
Prescribe and make available application forms to be used by
individuals seeking renewal of a license or permit issued under this
chapter;

(5)
Furnish a copy of the infection control standards adopted pursuant to
division (A)(8)(a) of this section to both of the following:

(a)
Each individual or person to whom the board issues a barber license
or license to operate a barber shop;

(b)
Each individual providing cosmetic therapy, massage therapy, or other
professional service in a barber shop under section 4709.091 of the
Revised Code.

(6)
Supply a copy of the poster created pursuant to division (B) of
section 5502.63 of the Revised Code to each person authorized to
operate a barber shop under this chapter;

(7)
Comply with sections 4713.641 and 4713.66 of the Revised Code
regarding investigations and inspections;

(8)
Adopt rules, in accordance with Chapter 119. of the Revised Code
,
to administer and enforce this chapter and

that cover all of the following:

(a)
Infection control standards for the practice of barbering and the
operation of barber shops;

(b)
The content of the examination required of an applicant for a barber
license under section 4709.07 of the Revised Code and the passing
score required for the examination;

(c)
Conditions an individual must satisfy to qualify for a temporary
pre-examination work permit under section 4709.071 of the Revised
Code and the conditions and method of renewing a temporary
pre-examination work permit under that section;

(d)
Requirements for the licensure of barber instructors and assistant
barber instructors that are in addition to the requirements specified
in section 4709.072 of the Revised Code;

(e)
Conditions under which the board will take into account, under
section 4709.073 of the Revised Code, instruction an applicant for a
license under section 4709.07 or 4709.072 of the Revised Code
received more than five years before the date of application for the
license;

(f)
Conditions an applicant must satisfy for the board to issue the
applicant a license under section 4709.08 of the Revised Code without
the applicant taking an examination conducted under section 4709.07
of the Revised Code;

(g)
Conditions an applicant must satisfy for the board to issue the
applicant an independent contractor license under section 4709.09 of
the Revised Code and the fee for the issuance and renewal of the
license;

(h)
Specify which professions regulated by a professional regulatory
board of this state may be practiced in a barber shop under section
4709.091 of the Revised Code, including whether cosmetic therapy may
be practiced in a barber shop;

(i)
Establish standards for the provision of cosmetic therapy, massage
therapy, or other professional service in a barber shop pursuant to
section 4709.091 of the Revised Code;

(j)
If the board, under section 4709.111 of the Revised Code, develops a
procedure for classifying licenses inactive, do both of the
following:

(i)
Establish a fee for having a license classified inactive that
reflects the cost to the board of providing the inactive license
service;

(ii)
Specify the continuing education that an individual whose license has
been classified inactive must complete to have the license restored.

(k)
Any other area the board determines appropriate to administer or
enforce this chapter.

(B)
The infection control standards established under division (A)(8)(a)
of this section shall focus in particular on precautions to be
employed to prevent infectious or contagious diseases being created
or spread.

(C)
The content of the examination specified in rules adopted under
division (A)(8)(b) of this section shall include a practical
demonstration and a written test, shall relate only to the practice
of barbering, and shall require the applicant to demonstrate that the
applicant has a thorough knowledge of and competence in the proper
techniques in the safe use of chemicals used in the practice of
barbering. The minimum passing score of the examination shall not
exceed seventy-five per cent.

(D)
The rules adopted under division (A)(8)(c) of this section may
establish additional conditions for a temporary pre-examination work
permit under section 4709.071 of the Revised Code that are applicable
to individuals who are licensed to practice barbering in another
state or country.

(E)
The conditions specified in rules adopted under division (A)(8)(f) of
this section may include that an applicant is applying for a barber
license for which the board determines an examination is unnecessary.

(F)
The rules adopted under division (A)(8)(h) of this section shall not
include a profession if practice of the profession in a barber shop
is a violation of a statute or rule governing the profession.

(G)
If the board adopts a procedure for classifying licenses inactive,
the continuing education specified under division (A)(8)(j)(ii) of
this section shall be sufficient to ensure the minimum competency in
the use or administration of a new procedure or product required by a
licensee necessary to protect public health and safety. The
requirement shall not exceed the cumulative number of hours of
continuing education that the individual would have been required to
complete had the individual retained an active license.

Sec.
4713.08.
(A)
The state cosmetology and barber board shall adopt rules in
accordance with Chapter 119. of the Revised Code
as
necessary to implement this chapter. The rules shall
that

do
all of the following:

(1)
Govern the practice of the branches of cosmetology;

(2)
Specify conditions an individual must satisfy to qualify for a
temporary pre-examination work permit under section 4713.22 of the
Revised Code and the conditions and method of renewing a temporary
pre-examination work permit under that section;

(3)
Provide for the conduct of examinations under section 4713.24 of the
Revised Code;

(4)
Specify conditions under which the board will take into account,
under section 4713.32 of the Revised Code, instruction an applicant
for a license under section 4713.28, 4713.30, or 4713.31 of the
Revised Code received more than five years before the date of
application for the license;

(5)
Provide for the granting of waivers under section 4713.29 of the
Revised Code;

(6)
Specify conditions an applicant must satisfy for the board to issue
the applicant a license under section 4713.34 of the Revised Code
without the applicant taking an examination conducted under section
4713.24 of the Revised Code;

(7)
Specify locations in which glamour photography services in which a
branch of cosmetology is practiced may be provided;

(8)
Establish conditions and the fee for a temporary special occasion
work permit under section 4713.37 of the Revised Code and specify the
amount of time such a permit is valid;

(9)
Specify conditions an applicant must satisfy for the board to issue
the applicant an independent contractor license under section 4713.39
of the Revised Code and the fee for issuance and renewal of the
license;

(10)
Establish conditions under which food may be sold at a salon;

(11)
Specify which professions regulated by a professional regulatory
board of this state may be practiced in a salon under section 4713.42
of the Revised Code, including whether cosmetic therapy may be
practiced in a salon;

(12)
Establish standards for the provision of cosmetic therapy, massage
therapy, or other professional service in a salon pursuant to section
4713.42 of the Revised Code;

(13)
Establish standards for board approval of, and the granting of
credits for, training in branches of cosmetology or barbering at
schools licensed in this state;

(14)
Establish the manner in which a school licensed under section 4713.44
of the Revised Code may offer post-secondary and advanced practice
programs;

(15)
Establish infection control standards for the practice of the
branches of cosmetology and the operation of salons and schools;

(16)
Establish the application process for obtaining a tanning facility
permit under section 4713.48 of the Revised Code, including the
amount of the fee for an initial or renewed permit;

(17)
Establish standards for installing and operating a tanning facility
in a manner that ensures the health and safety of consumers,
including infection control standards and standards that do all of
the following:

(a)
Establish a maximum safe time of exposure to radiation and a maximum
safe temperature at which sun lamps may be operated;

(b)
Require consumers to wear protective eyeglasses;

(c)
Require consumers to be supervised as to the length of time consumers
use the facility's sun lamps;

(d)
Require the operator to prohibit consumers from standing too close to
sun lamps and to post signs warning consumers of the potential
effects of radiation on individuals taking certain medications and of
the possible relationship of the radiation to skin cancer;

(e)
Require the installation of protective shielding for sun lamps and
handrails for consumers;

(f)
Require floors to be dry during operation of lamps;

(g)
Establish procedures an operator must follow in making reasonable
efforts in compliance with section 4713.50 of the Revised Code to
determine the age of an individual seeking to use sun lamp tanning
services.

(18)
If the board, under section 4713.61 of the Revised Code, develops a
procedure for classifying licenses inactive, do both of the
following:

(a)
Establish a fee for having a license classified inactive that
reflects the cost to the board of providing the inactive license
service;

(b)
Specify the continuing education that an individual whose license has
been classified inactive must complete to have the license restored.
The continuing education shall be sufficient to ensure the minimum
competency in the use or administration of a new procedure or product
required by a licensee necessary to protect public health and safety.
The requirement shall not exceed the cumulative number of hours of
continuing education that the individual would have been required to
complete had the individual retained an active license.

(19)
Establish a fee for approval of a continuing education program under
section 4713.62 of the Revised Code that is adequate to cover any
expense the board incurs in the approval process;

(20)
Establish requirements for students of schools who are engaged in
learning the theory and practice of barbering;

(21)
Establish the minimum student-instructor ratio that a school offering
instruction in the theory and practice of barbering must meet
;

(22)
Anything else necessary to implement this chapter
.

(B)
The rules adopted under division (A)(2) of this section may establish
additional conditions for a temporary pre-examination work permit
under section 4713.22 of the Revised Code that are applicable to
individuals who practice a branch of cosmetology in another state or
country.

(C)
The conditions specified in rules adopted under division (A)(6) of
this section may include that an applicant is applying for a license
to practice a branch of cosmetology for which the board determines an
examination is unnecessary.

(D)
The rules adopted under division (A)(11) of this section shall not
include a profession if practice of the profession in a salon is a
violation of a statute or rule governing the profession.

(E)
The infection control standards established under division (A)(15) of
this section shall focus in particular on precautions to be employed
to prevent infectious or contagious diseases being created or spread.

(F)
The fee established by rules adopted under division (A)(16) of this
section shall cover the cost the board incurs in inspecting tanning
facilities and enforcing the board's rules but may not exceed one
hundred dollars per location of such facilities.

Sec.
4715.03.
(A)
The state dental board shall organize by electing from its members a
president, vice-president, secretary, and vice-secretary. The
secretary and vice-secretary shall be elected from the members of the
board who are dentists. It shall hold meetings monthly at least eight
months a year at such times and places as the board designates. A
majority of the members of the board shall constitute a quorum.

The board shall make such reasonable rules as it determines necessary
pursuant to Chapter 119. of the Revised Code.

(B)
A concurrence of a majority of the members of the board shall be
required to do any of the following:

(1)
Grant, refuse, suspend, place on probationary status, revoke, refuse
to renew, or refuse to reinstate a license or censure a license
holder or take any other action authorized under section 4715.30 of
the Revised Code;

(2)
Seek an injunction under section 4715.05 of the Revised Code;

(3)
Enter into a consent agreement with a license holder;

(4)
If the board develops and implements the quality intervention program
under section 4715.031 of the Revised Code, refer a license holder to
the program;

(5)
Terminate an investigation conducted under division (D) of this
section;

(6)
Dismiss any complaint filed with the board.

(C)(1)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code to do both of the following:

(a)
Establish standards for the safe practice of dentistry and dental
hygiene by qualified practitioners and shall, through its policies
and activities, promote such practice;

(b)
Establish universal blood and body fluid precautions that shall be
used by each person licensed under this chapter who performs exposure
prone invasive procedures.

(2)
The rules adopted under division (C)(1)(b) of this section shall
define and establish requirements for universal blood and body fluid
precautions that include the following:

(a)
Appropriate use of hand washing;

(b)
Disinfection and sterilization of equipment;

(c)
Handling and disposal of needles and other sharp instruments;

(d)
Wearing and disposal of gloves and other protective garments and
devices.

(D)

The
board shall administer and enforce the provisions of this chapter.

The
board shall, in accordance with sections 4715.032 to 4715.035 of the
Revised Code, investigate evidence which appears to show that any
person has violated any provision of this chapter. Any person may
report to the board under oath any information such person may have
appearing to show a violation of any provision of this chapter. In
the absence of bad faith, any person who reports such information or
who testifies before the board in any disciplinary proceeding
conducted pursuant to Chapter 119. of the Revised Code is not liable
for civil damages as a result of making the report or providing
testimony. If after investigation and reviewing the recommendation of
the secretary and vice-secretary issued pursuant to section 4715.034
of the Revised Code the board determines that there are reasonable
grounds to believe that a violation of this chapter has occurred, the
board shall, except as provided in this chapter, conduct disciplinary
proceedings pursuant to Chapter 119. of the Revised Code, seek an
injunction under section 4715.05 of the Revised Code, enter into a
consent agreement with a license holder, or provide for a license
holder to participate in the quality intervention program established
under section 4715.031 of the Revised Code if the board develops and
implements that program.

For
the purpose of any disciplinary proceeding or any investigation
conducted under this division, the board may administer oaths, order
the taking of depositions, issue subpoenas in accordance with section
4715.033 of the Revised Code, compel the attendance and testimony of
persons at depositions, and compel the production of books, accounts,
papers, documents, or other tangible things. The hearings and
investigations of the board shall be considered civil actions for the
purposes of section 2305.252 of the Revised Code. Notwithstanding
section 121.22 of the Revised Code and except as provided in section
4715.036 of the Revised Code, proceedings of the board relative to
the investigation of a complaint or the determination whether there
are reasonable grounds to believe that a violation of this chapter
has occurred are confidential and are not subject to discovery in any
civil action.

(E)(1)
The board shall examine or cause to be examined eligible applicants
to practice dental hygiene. The board may distinguish by rule
different classes of qualified personnel according to skill levels
and require all or only certain of these classes of qualified
personnel to be examined and certified by the board.

(2)
The board shall administer a written jurisprudence examination to
each applicant for a license to practice dentistry. The examination
shall cover only the statutes and administrative rules governing the
practice of dentistry in this state.

(F)(1)
In accordance with Chapter 119. of the Revised Code, subject to
division (F)(2) of this section the board shall adopt, and may amend
or rescind, rules establishing the eligibility criteria, the
application and permit renewal procedures, and safety standards
applicable to a dentist licensed under this chapter who applies for a
permit to employ or use conscious sedation. These rules shall include
all of the following:

(a)
The eligibility requirements and application procedures for an
eligible dentist to obtain a conscious sedation permit;

(b)
The minimum educational and clinical training standards required of
applicants, which shall include satisfactory completion of an
advanced cardiac life support course;

(c)
The facility equipment and inspection requirements;

(d)
Safety standards;

(e)
Requirements for reporting adverse occurrences.

(2)
The board shall issue a permit to employ or use conscious sedation in
accordance with Chapter 4796. of the Revised Code to a dentist
licensed under this chapter if either of the following applies:

(a)
The dentist holds a license or permit to employ or use conscious
sedation in another state.

(b)
The dentist has satisfactory work experience, a government
certification, or a private certification as described in Chapter
4796. of the Revised Code in employing or using conscious sedation in
a state that does not issue that license.

(G)(1)
In accordance with Chapter 119. of the Revised Code, subject to
division (G)(2) of this section the board shall adopt rules
establishing eligibility criteria, application and permit renewal
procedures, and safety standards applicable to a dentist licensed
under this chapter who applies for a general anesthesia permit.

(2)
The board shall issue a general anesthesia permit in accordance with
Chapter 4796. of the Revised Code to a dentist licensed under this
chapter if either of the following applies:

(a)
The dentist holds a general anesthesia license or permit in another
state.

(b)
The dentist has satisfactory work experience, a government
certification, or a private certification as described in Chapter
4796. of the Revised Code utilizing general anesthesia in a state
that does not issue that license or permit.

Sec.
4715.031.
(A)
The state dental board may develop and implement a quality
intervention program. The board may propose that the holder of a
license issued by the board participate in the program if the board
determines pursuant to an investigation conducted under section
4715.03 of the Revised Code that there are reasonable grounds to
believe the license holder has violated a provision of this chapter
due to a clinical or communication problem that could be improved
through participation in the program and determines that the license
holder's participation in the program is appropriate. The board shall
refer a license holder who agrees to participate in the program to an
educational and assessment service provider selected by the board.

(B)
If the board develops and implements a quality intervention program,
all of the following apply:

(1)
The board shall select, by a concurrence of a majority of the board's
members, educational and assessment service providers, which may
include quality intervention program panels of case reviewers. A
provider selected by the board to provide services to a license
holder shall recommend to the board the educational and assessment
services the license holder should receive under the program. The
license holder may begin participation in the program if the board
approves the services the provider recommends. The license holder
shall not be required to participate in the program beyond one
hundred eighty days from the date the license holder agrees to
participate in the program under this division. The license holder
shall pay the amounts charged by the provider for the services.

(2)
The board shall monitor a license holder's progress in the program
and determine whether the license holder has successfully completed
the program. If the board determines that the license holder has
successfully completed the program, it may continue to monitor the
license holder, take other action it considers appropriate, or both.
The additional monitoring, other action taken by the board, or both,
shall not continue beyond one year from the date the license holder
agrees to participate in the program under this division. If the
board determines that the license holder has not successfully
completed the program, it shall, as soon as possible thereafter,
commence disciplinary proceedings against the license holder under
section 4715.03 of the Revised Code.

(3)
The board shall elect, from the board's members who are dentists, a
coordinator to administer and provide oversight of the quality
intervention program. The coordinator may delegate to the board's
members or employees those duties that the coordinator considers
appropriate.

(C)
The board may adopt rules in accordance with Chapter 119. of the
Revised Code to further implement the quality intervention program.

Sec.
4715.372.
(A)
The state dental board shall adopt rules in accordance with Chapter
119. of the Revised Code
as
necessary to implement the oral health access supervision program,
including rules
that
do all of the following:

(1)
For the purpose of division (G)(19) of section 4715.36 of the Revised
Code, designate additional facilities at which a dental hygienist may
be authorized to perform dental hygiene services under the oral
health access supervision program;

(2)
For the purpose of section 4715.362 of the Revised Code, prescribe
the application form and requirements for obtaining an oral health
access supervision permit;

(3)
For the purpose of section 4715.363 of the Revised Code, prescribe
the application form for a permit to practice as a dental hygienist
under the oral health access supervision of a dentist;

(4)
For the purpose of division (B)(3) of section 4715.363 of the Revised
Code and subject to division (B) of this section, establish standards
for the course in the practice of dental hygiene under oral health
access supervision;

(5)
For the purpose of section 4715.369 of the Revised Code, prescribe
the form for renewal of an oral health access supervision permit;

(6)
For the purpose of section 4715.37 of the Revised Code, prescribe the
form for renewal of a permit to practice as a dental hygienist under
the oral health access supervision of a dentist.

(B)
The course in the practice of dental hygiene under oral health access
supervision for which the board establishes standards under division
(A)(4) of this section shall meet all of the following requirements:

(1)
Be eight hours in length;

(2)
Include, at a minimum, instruction in both of the following:

(a)
The treatment of geriatric patients, medically compromised patients,
developmentally disabled patients, and pediatric patients;

(b)
Recordkeeping practices.

(3)
Be developed and offered by an institution accredited by the American
dental association commission on dental accreditation or a program
provided by a sponsor of continuing education approved by the board;

(4)
Include content that is separate and independent from the course
content required for the completion of dental hygiene education from
an accredited dental hygiene school.

Sec.
4715.42.
(A)(1)
As used in this section:

(a)
"Free clinic" has the same meaning as in section 3701.071
of the Revised Code.

(b)
"Indigent and uninsured person" and "operation"
have the same meanings as in section 2305.234 of the Revised Code.

(2)
For the purposes of this section, a person shall be considered
retired from practice if the person's license has been surrendered or
allowed to expire with the intention of ceasing to practice as a
dentist or dental hygienist for remuneration.

(B)
Within thirty days after receiving an application for a volunteer's
certificate that includes all of the items listed in divisions
(C)(1), (2), and (3) of this section, the state dental board shall
issue, without examination, a volunteer's certificate to a person who
is retired from practice so that the person may provide dental
services to indigent and uninsured persons at any location, including
a free clinic.

(C)
An application for a volunteer's certificate shall include all of the
following:

(1)
A copy of the applicant's degree from dental college or dental
hygiene school.

(2)
One of the following, as applicable:

(a)
A copy of the applicant's most recent license to practice dentistry
or dental hygiene issued by a jurisdiction in the United States that
licenses persons to practice dentistry or dental hygiene.

(b)
A copy of the applicant's most recent license equivalent to a license
to practice dentistry or dental hygiene in one or more branches of
the United States armed services that the United States government
issued.

(3)
Evidence of one of the following, as applicable:

(a)
The applicant has maintained for at least ten years prior to
retirement full licensure in good standing in any jurisdiction in the
United States that licenses persons to practice dentistry or dental
hygiene.

(b)
The applicant has practiced as a dentist or dental hygienist in good
standing for at least ten years prior to retirement in one or more
branches of the United States armed services.

(D)
The holder of a volunteer's certificate may provide dental services
only to indigent and uninsured persons, but may do so at any
location, including a free clinic. The holder shall not accept any
form of remuneration for providing dental services while in
possession of the certificate. Except in a dental emergency, the
holder shall not perform any operation. The board may revoke a
volunteer's certificate on receiving proof satisfactory to the board
that the holder has engaged in practice in this state outside the
scope of the holder's certificate or that there are grounds for
action against the person under section 4715.30 of the Revised Code.

(E)(1)
A volunteer's certificate shall be valid for a period of three years,
and may be renewed upon the application of the holder, unless the
certificate was previously revoked under division (D) of this
section. The board shall maintain a register of all persons who hold
volunteer's certificates. The board shall not charge a fee for
issuing or renewing a certificate pursuant to this section.

(2)
To be eligible for renewal of a volunteer's certificate, the holder
of the certificate shall certify to the board completion of sixty
hours of continuing dental education that meets the requirements of
section 4715.141 of the Revised Code and the rules adopted under that
section, or completion of eighteen hours of continuing dental hygiene
education that meets the requirements of section 4715.25 of the
Revised Code and the rules adopted under that section, as the case
may be. The board may not renew a certificate if the holder has not
complied with the appropriate continuing education requirements. Any
entity for which the holder provides dental services may pay for or
reimburse the holder for any costs incurred in obtaining the required
continuing education credits.

(3)
The board shall issue to each person who qualifies under this section
for a volunteer's certificate a wallet certificate and a wall
certificate that state that the certificate holder is authorized to
provide dental services pursuant to the laws of this state. The
holder shall keep the wallet certificate on the holder's person while
providing dental services and shall display the wall certificate
prominently at the location where the holder primarily practices.

(4)
The holder of a volunteer's certificate issued pursuant to this
section is subject to the immunity provisions regarding the provision
of services to indigent and uninsured persons in section 2305.234 of
the Revised Code.

(F)

The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code to administer and enforce this section.

(G)

The
state dental board shall make available through the board's web site
the application form for a volunteer's certificate under this
section, a description of the application process, and a list of all
items that are required by division (C) of this section to be
submitted with the application.

(H)
(G)

Chapter 4796. of the Revised Code does not apply to a license issued
under this section.

Sec.
4715.436.
The
state dental board shall adopt rules in accordance with Chapter 119.
of the Revised Code
as
it considers necessary to implement sections 4715.43 to 4715.435 of
the Revised Code. The rules shall
that

include
all of the following:

(A)
Requirements that must be met for issuance of a teledentistry permit
under section 4715.43 of the Revised Code;

(B)
Approval of courses on the proper placement of interim therapeutic
restorations and the application of silver diamine fluoride, as
authorized under section 4715.431 of the Revised Code.

(C)
Requirements for obtaining informed consent for the placement of
interim therapeutic restorations or the application of silver diamine
fluoride when the patient is not examined in person by a dentist and
the services are provided under a teledentistry permit, as described
in section 4715.431 of the Revised Code.

The
rules may specify procedures a dental hygienist is not permitted to
perform when practicing in the absence of the authorizing dentist
pursuant to section 4715.431 of the Revised Code.

Sec.
4715.57.
(A)
Each person seeking approval for an educational program in dental
x-ray machine operation shall apply to the state dental board on a
form the board shall prescribe and provide. The application shall be
accompanied by the fee established in rules adopted under division
(C) of this section.

(B)
The board shall approve educational programs that meet the standards
established in rules adopted under division (C) of this section. The
approval shall be valid until surrendered by the program or suspended
or revoked by the board. A program's approval may be suspended or
revoked if the program does not comply with applicable requirements
of this chapter or rules adopted under it.

(C)
The board shall adopt rules
to
implement and administer this section. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code
and

that

shall
be no less stringent than any applicable standards specified in 42
C.F.R. 75. The rules shall do
at
least
both
of the following:

(1)
Establish the fee that must accompany each application for approval
of an educational program;

(2)
Establish standards that an educational program must meet to be
approved by the board.

Sec.
4715.66.
(A)
The state dental board shall adopt rules
as
the board considers necessary to implement and administer sections
4715.61 to 4715.64 of the Revised Code. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code
.

(B)
In adopting rules under this section, all of the following apply

as follows
:

(1)
The board shall adopt rules specifying the education or training
necessary for an individual to register as an expanded function
dental auxiliary under this chapter.

(2)
The board shall adopt rules specifying the standards that must be met
for an examination to be accepted by the board as an examination of
competency to practice as an expanded function dental auxiliary. In
specifying the standards, the board shall provide that an examination
will be accepted only if the entity that administered the examination
required an individual to be one of the following as a condition of
admission to the examination:

(a)
An unlicensed dentist who has graduated from an accredited dental
college, as specified in section 4715.10 of the Revised Code, and
does not have a dental license under suspension or revocation by the
board;

(b)
A dental student who is enrolled in an accredited dental college, as
specified in section 4715.10 of the Revised Code, and is considered
by the dean of the college to be in good standing as a dental
student;

(c)
A graduate of a dental college located outside of the United States;

(d)
A dental assistant who is certified by the dental assisting national
board, the Ohio commission on dental assistant certification, or the
American medical technologists;

(e)
A dental hygienist licensed under this chapter whose license is in
good standing;

(f)
An unlicensed dental hygienist who has graduated from an accredited
dental hygiene school, as specified in section 4715.21 of the Revised
Code, and does not have a dental hygienist license under suspension
or revocation by the board.

(3)
The board may adopt rules specifying procedures an expanded function
dental auxiliary may perform that are in addition to the procedures
specified in divisions (A)(1) to (10) of section 4715.64 of the
Revised Code.

Sec.
4717.04.
(A)
The board of embalmers and funeral directors shall adopt rules in
accordance with Chapter 119. of the Revised Code for the government,
transaction of the business, and the management of the affairs of the
board of embalmers and funeral directors and the crematory review
board
,
and for the administration and enforcement of this chapter. These
rules shall

that
include
all of the following:

(1)
The nature, scope, content, and form of the application that must be
completed and license examination that must be passed in order to
receive an embalmer's license or a funeral director's license under
section 4717.05 of the Revised Code. The rules shall ensure both of
the following:

(a)
That the embalmer's license examination tests the applicant's
knowledge through at least a comprehensive section and an Ohio laws
section;

(b)
That the funeral director's license examination tests the applicant's
knowledge through at least a comprehensive section, an Ohio laws
section, and a sanitation section.

(2)
The minimum license examination score necessary to be licensed under
section 4717.05 of the Revised Code as an embalmer or as a funeral
director;

(3)
Procedures for determining the dates of the embalmer's and funeral
director's license examinations, which shall be administered at least
once each year, the time and place of each examination, and the
supervision required for each examination;

(4)
Procedures for determining whether the board shall accept an
applicant's compliance with the licensure, registration, or
certification requirements of another state as grounds for granting
the applicant a license under this chapter;

(5)
A determination of whether completion of a nationally recognized
embalmer's or funeral director's examination sufficiently meets the
license requirements for the comprehensive section of either the
embalmer's or the funeral director's license examination administered
under this chapter;

(6)
Continuing education requirements for licensed embalmers and funeral
directors;

(7)
Requirements for the licensing and operation of funeral homes;

(8)
Requirements for the licensing and operation of embalming facilities;

(9)
A schedule that lists, and specifies a forfeiture commensurate with,
each of the following types of conduct which, for the purposes of
division (A)(9) of this section and section 4717.15 of the Revised
Code, are violations of this chapter:

(a)
Obtaining a license under this chapter by fraud or misrepresentation
either in the application or in passing the required examination for
the license;

(b)
Purposely violating any provision of sections 4717.01 to 4717.15 of
the Revised Code or a rule adopted under any of those sections;
division (A) or (B) of section 4717.23; division (B)(1) or (2),
(C)(1) or (2), (D), (E), or (F)(1) or (2), or divisions (H) to (K) of
section 4717.26; division (D)(1) of section 4717.27; or divisions (A)
to (C) of section 4717.28 of the Revised Code;

(c)
Committing unprofessional conduct;

(d)
Knowingly permitting an unlicensed person, other than a person
serving an apprenticeship, to engage in the profession or business of
embalming or funeral directing under the licensee's supervision;

(e)
Refusing to promptly submit the custody of a dead human body or
cremated remains upon the express order of the person legally
entitled to the body;

(f)
Transferring a license to operate a funeral home, embalming facility,
or crematory facility from one owner or operator to another, or from
one location to another, without notifying the board and following
the requirements of section 4717.11 of the Revised Code;

(g)
Misleading the public using false or deceptive advertising;

(h)
Failing to forward to the board on or before its due date the annual
report of preneed funeral sales required by division (J) of section
4717.31 of the Revised Code. If the annual report is sent to the
board by United States mail, it shall be postmarked on or before the
due date for the submission of the annual report in order to be
timely filed with the board. Mail that is not postmarked shall be
considered filed on the date it is received by the board.

Each
instance of the commission of any of the types of conduct described
in division (A)(9) of this section is a separate violation. The rules
adopted under division (A)(9) of this section shall establish the
amount of the forfeiture for a violation of each of those divisions.
The forfeiture for a first violation shall not exceed five thousand
dollars, and the forfeiture for a second or subsequent violation
shall not exceed ten thousand dollars. The amount of the forfeiture
may differ among the types of violations according to what the board
considers the seriousness of each violation.

(10)
Requirements for the licensing and operation of crematory facilities;

(11)
Procedures for the board to take possession of and to arrange the
lawful disposition of unclaimed cremated remains that were held or
stored at a funeral home or crematory that has been closed;

(12)
Procedures for the issuance of duplicate licenses;

(13)
Requirements for criminal records checks of applicants under section
4776.03 of the Revised Code;

(14)
The amount and content of corrective action courses required by the
board under section 4717.14 of the Revised Code.

(B)
The board may adopt rules governing the educational standards for
licensure as an embalmer or funeral director, or obtaining a permit
to be a crematory operator, and the standards of service and practice
to be followed in embalming, funeral directing, and cremation, and in
the operation of funeral homes, embalming facilities, and crematory
facilities in this state.

(C)
Nothing in this chapter authorizes the board of embalmers and funeral
directors to regulate cemeteries, except that the board shall license
and regulate funeral homes, embalming facilities, and crematory
facilities located at cemeteries in accordance with this chapter.

(D)
If the executive director of the board has knowledge or notice of a
violation of division (A)(1), (3), (5), or (6) of section 4717.13 of
the Revised Code or that a person is engaging in the business or
profession of funeral directing in violation of division (A)(14) of
that section, the executive director shall notify the appropriate law
enforcement authority for investigation.

Sec.
4723.07.
In
accordance with Chapter 119. of the Revised Code, the board of
nursing shall adopt and may amend and rescind rules that establish
all of the following:

(A)
Provisions for the board's government and control of its actions and
business affairs;

(B)
Subject to section 4723.072 of the Revised Code, minimum standards
for nursing education programs that prepare graduates to be licensed
under this chapter and procedures for granting, renewing, and
withdrawing approval of those programs;

(C)
Criteria that applicants for licensure must meet to be eligible to
take examinations for licensure;

(D)
Standards and procedures for renewal of the licenses and certificates
issued by the board;

(E)
Standards for approval of continuing nursing education programs and
courses for registered nurses, advanced practice registered nurses,
and licensed practical nurses. The standards may provide for approval
of continuing nursing education programs and courses that have been
approved by other state boards of nursing or by national
accreditation systems for nursing, including, but not limited to, the
American nurses' credentialing center and the national association
for practical nurse education and service.

(F)
Standards that persons must meet to be authorized by the board to
approve continuing education programs and courses and a schedule by
which that authorization expires and may be renewed;

(G)
Requirements, including continuing education requirements, for
reactivating inactive licenses or certificates, and for reinstating
licenses or certificates that have lapsed;

(H)
Conditions that may be imposed for reinstatement of a license or
certificate following action taken under section 3123.47, 4723.28,
4723.281, 4723.652, or 4723.86 of the Revised Code resulting in a
license or certificate suspension;

(I)
Criteria for evaluating the qualifications of an applicant for a
license to practice nursing as a registered nurse, a license to
practice nursing as an advanced practice registered nurse, or a
license to practice nursing as a licensed practical nurse for the
purpose of issuing the license by the board's endorsement of the
applicant's authority to practice issued by the licensing agency of
another state;

(J)
Universal and standard precautions that shall be used by each
licensee or certificate holder. The rules shall define and establish
requirements for universal and standard precautions that include the
following:

(1)
Appropriate use of hand washing;

(2)
Disinfection and sterilization of equipment;

(3)
Handling and disposal of needles and other sharp instruments;

(4)
Wearing and disposal of gloves and other protective garments and
devices.

(K)
Quality assurance standards for advanced practice registered nurses;

(L)
Additional criteria for the standard care arrangement required by
section 4723.431 of the Revised Code entered into by a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner
and the nurse's collaborating physician or podiatrist;

(M)
For purposes of division (B)(31) of section 4723.28 of the Revised
Code, the actions, omissions, or other circumstances that constitute
failure to establish and maintain professional boundaries with a
patient;

(N)
Standards and procedures for delegation under section 4723.48 of the
Revised Code of the authority to administer drugs.

The
board may adopt other rules necessary to carry out the provisions of
this chapter. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4723.114.
(A)
As used in this section, "person" has the same meaning as
in section 1.59 of the Revised Code.

(B)
A person or governmental entity that employs, or contracts directly
or through another person or governmental entity for the provision of
services by, a nurse holding a multistate license to practice
registered or licensed practical nursing issued pursuant to section
4723.11 of the Revised Code shall do both of the following if the
nurse's home state, as defined in that section, is not Ohio:

(1)
Report to the board of nursing the number of nurses holding
multistate licenses who are employed by, or providing services for,
the person or governmental entity;

(2)
Provide each nurse holding a multistate license a copy of
board-developed information concerning laws and rules specific to the
practice of nursing in Ohio.

(C)
The board shall develop information concerning laws and rules
specific to the practice of nursing in Ohio and make that information
available on its internet web site.

(D)
The board may display on its internet web site a list of the names of
persons or governmental entities that have complied with the
reporting requirement described in division (B)(1) of this section or
any rule adopted by the board to implement that requirement. The
board may update the list annually to reflect any changes in
compliance with the requirement or rule.

(E)
The board may adopt rules in accordance with Chapter 119. of the
Revised Code to implement this section.

Sec.
4723.26.
(A)(1)
As used in this section:

(a)
"Free clinic" has the same meaning as in section 3701.071
of the Revised Code.

(b)
"Indigent and uninsured person" and "operation"
have the same meanings as in section 2305.234 of the Revised Code.

(2)
For the purposes of this section, a person shall be considered
retired from practice if the person's license has expired with the
intention of ceasing to practice nursing as a registered nurse,
licensed practical nurse, or advanced practice registered nurse for
remuneration.

(B)
The board of nursing may issue, without examination, a volunteer's
certificate to a qualified person who is retired from practice so
that the person may provide nursing services to indigent and
uninsured persons at any location, including a free clinic.

(C)
Except as provided in division (D) of this section, an application
for a volunteer's certificate shall include all of the following:

(1)
A copy or other evidence of the applicant's degree from a school of
registered nursing, practical nursing, or advanced practice
registered nursing;

(2)
One of the following, as applicable:

(a)
A copy or other evidence of the applicant's most recent license to
practice nursing as a registered nurse, licensed practical nurse, or
advanced practice registered nurse issued by a jurisdiction in the
United States that licenses persons to practice nursing as a
registered nurse, licensed practical nurse, or advanced practice
registered nurse;

(b)
A copy or other evidence of the applicant's most recent license
equivalent to a license to practice nursing as a registered nurse,
licensed practical nurse, or advanced practice registered nurse in
one or more branches of the United States armed services that the
United States government issued.

(3)
Evidence of one of the following, as applicable:

(a)
The applicant has maintained for at least ten years prior to
retirement a valid, unrestricted license in any jurisdiction in the
United States that licenses persons to practice nursing as a
registered nurse, licensed practical nurse, or advanced practice
registered nurse.

(b)
The applicant has practiced nursing as a registered nurse, licensed
practical nurse, or advanced practice registered nurse under a valid,
unrestricted license for at least ten years prior to retirement in
one or more branches of the United States armed services.

(D)
For an applicant retired from practice for at least ten years, the
applicant shall do both of the following:

(1)
Certify to the board completion of continuing nursing education that
meets the requirements of section 4723.24 of the Revised Code and the
rules adopted under that section;

(2)
Submit a request to the bureau of criminal identification and
investigation for a criminal records check and check of federal
bureau of investigation records pursuant to section 4723.091 of the
Revised Code.

(E)
Chapter 4796. of the Revised Code does not apply to a certificate
issued under this section.

(F)
The holder of a volunteer's certificate may provide nursing services
only to indigent and uninsured persons, but may do so at any
location, including a free clinic. The holder shall not accept any
form of remuneration for providing nursing services while in
possession of the certificate. The board may suspend or revoke a
volunteer's certificate on receiving proof satisfactory to the board
that the holder has engaged in practice in this state outside the
scope of the holder's certificate or that there are grounds for
action against the person under section 4723.28 of the Revised Code.
In revoking a certificate, the board may specify that the revocation
is permanent.

(G)(1)
A volunteer's certificate shall be valid for a period of two years,
and may be renewed upon the application of the holder, unless the
certificate is suspended or revoked under division (F) of this
section. The board shall maintain a record of all persons who hold
volunteer's certificates. The board shall not charge a fee for
issuing or renewing a certificate pursuant to this section.

(2)
To be eligible for renewal of a volunteer's certificate, the holder
of the certificate shall certify to the board completion of
continuing nursing education that meets the requirements of section
4723.24 of the Revised Code and the rules adopted under that section.
The board may not renew a certificate if the holder has not complied
with the appropriate continuing education requirements. Any entity
for which the holder provides nursing services may pay for or
reimburse the holder for any costs incurred in obtaining the required
continuing education hours.

(3)
The holder of a volunteer's certificate issued pursuant to this
section is subject to the immunity provisions regarding the provision
of services to indigent and uninsured persons in section 2305.234 of
the Revised Code.

(H)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code to administer and enforce this section.

Sec.
4723.351.
(A)
To be qualified to contract with the board of nursing to conduct the
safe haven program, an organization must meet all of the following
requirements:

(1)
Operate in this state as a professionals health program;

(2)
Be organized as a not-for-profit entity and exempt from federal
income taxation under subsection 501(c)(3) of the Internal Revenue
Code;

(3)
Contract with or employ to serve as the organization's medical
director an individual who is authorized under Chapter 4731. of the
Revised Code to practice medicine and surgery or osteopathic medicine
and surgery and specializes or has training and expertise in
addiction medicine or psychiatry;

(4)
Contract with or employ one or more licensed health care
professionals as necessary for the organization's operation.

(B)
The monitoring organization shall do all of the following pursuant to
the contract:

(1)
Conduct a review of individuals and entities providing impairment
evaluation and treatment services to determine which should be
approved to serve as the program's evaluators and treatment
providers;

(2)
Grant or deny approval to evaluators and treatment providers and
periodically review and update the program's list of approved
evaluators and providers, including by examining their outcomes and
operations;

(3)
Receive any report of applicant or practitioner impairment or
suspected impairment from any source, including board referrals
described in section 4723.35 of the Revised Code;

(4)
Notify an applicant or practitioner who is the subject of a referral
or report received under this section that the referral or report has
been made and that the applicant or practitioner may be eligible to
participate in the program conducted under this section;

(5)
Determine whether an applicant or practitioner referred or reported
to the monitoring organization is eligible to participate in the
program, which may include evaluating records as described in
division (D)(1)(c) of this section, and notify the practitioner or
applicant of the determination;

(6)
In the case of an applicant or practitioner reported by a treatment
provider, notify the treatment provider of the eligibility
determination;

(7)
Report to the board any practitioner or applicant who is determined
ineligible to participate in the program;

(8)
Refer an eligible applicant or practitioner who chooses to
participate in the program for evaluation by a treatment provider
approved by the monitoring organization, unless the report received
by the monitoring organization was made by an approved treatment
provider and the applicant or practitioner has already been evaluated
by the treatment provider;

(9)
Monitor the evaluation of an eligible applicant or practitioner;

(10)
Refer an eligible applicant or practitioner who chooses to
participate in the program to a treatment provider approved by the
monitoring organization;

(11)
Establish, in consultation with the treatment provider to which an
applicant or practitioner is referred, the terms and conditions with
which the applicant or practitioner must comply for continued
participation in and successful completion of the program;

(12)
Report to the board any applicant or practitioner who does not
complete evaluation or treatment or does not comply with any of the
terms and conditions established by the monitoring organization and
the treatment provider;

(13)
Perform any other activities specified in the contract with the board
or that the monitoring organization considers necessary to comply
with this section and section 4723.35 of the Revised Code.

(C)
The monitoring organization shall not disclose to the board the name
of an applicant or practitioner or any records relating to an
applicant or practitioner, unless any of the following occurs:

(1)
The applicant or practitioner is determined to be ineligible to
participate in the program.

(2)
The applicant or practitioner requests the disclosure.

(3)
The applicant or practitioner is unwilling or unable to complete or
comply with any part of the program, including evaluation, treatment,
or monitoring.

(4)
The applicant or practitioner presents an imminent danger to the
public or to the applicant or practitioner, as a result of the
applicant's or practitioner's impairment.

(5)
The applicant's or practitioner's impairment has not been
substantially alleviated by participation in the program.

(D)(1)
The monitoring organization shall develop procedures governing each
of the following:

(a)
Receiving referrals or reports of applicant or practitioner
impairment or potential impairment;

(b)
Notifying applicants or practitioners of referrals, reports, and
eligibility determinations;

(c)
Evaluating records of referred applicants and practitioners, in
particular records from other jurisdictions regarding prior treatment
for impairment or continued monitoring;

(d)
Referring eligible applicants and practitioners for evaluation or
treatment;

(e)
Establishing individualized treatment plans for eligible applicants
and practitioners, as recommended by treatment providers;

(f)
Establishing individualized terms and conditions with which eligible
applicants or practitioners must comply for continued participation
in and successful completion of the program;

(g)
Establishing criteria for the approval and periodic review of
evaluators and treatment providers, including examinations of
evaluator and provider outcomes and operations.

(2)
The monitoring organization, in consultation with the board, shall
develop procedures governing each of the following:

(a)
Providing reports to the board on a periodic basis on the total
number of applicants and practitioners participating in the program,
without disclosing the names or records of any program participants
other than those about whom reports are required by this section;

(b)
Reporting to the board any applicant or practitioner who due to
impairment presents an imminent danger to the public or to the
applicant or practitioner;

(c)
Reporting to the board any applicant or practitioner who is unwilling
or unable to complete or comply with any part of the program,
including evaluation, treatment, or monitoring;

(d)
Reporting to the board any applicant or practitioner whose impairment
was not substantially alleviated by participation in the program.

(E)
The board may adopt
any
rules it considers necessary to implement this section and section
4723.35 of the Revised Code, including
rules
regarding the monitoring organization and treatment providers that
provide treatment to practitioners referred by the monitoring
organization. Any such rules shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
4723.50.
(A)
As used in this section:

(1)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(2)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(B)
In accordance with Chapter 119. of the Revised Code, the board of
nursing shall adopt rules
as
necessary to implement the provisions of this chapter pertaining to
the authority of advanced practice registered nurses who are
designated as clinical nurse specialists, certified nurse-midwives,
and certified nurse practitioners to prescribe and furnish drugs and
therapeutic devices.

The
board shall adopt rules
establishing
an exclusionary formulary

that lists the drugs and therapeutic devices a clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner
is prohibited from prescribing or personally furnishing
.

The

The

exclusionary
formulary shall permit, in a manner consistent with section 4723.481
of the Revised Code, the prescribing of controlled substances,
including drugs that contain buprenorphine used in
medication-assisted treatment and both oral and long-acting opioid
antagonists.
The

The

formulary
shall not permit
the
prescribing or furnishing of
such
a nurse to prescribe or furnish
any
of the following:

(1)
A drug or device to perform or induce an abortion;

(2)
A drug or device prohibited by federal or state law.

(C)
In addition to the rules described in division (B) of this section,
the board shall adopt rules under this section that do the following:

(1)
Establish standards for board approval of the course of study in
advanced pharmacology and related topics required by section 4723.482
of the Revised Code;

(2)
Establish requirements for board approval of the two-hour course of
instruction in the laws of this state as required under division
(C)(1) of section 4723.482 of the Revised Code;

(3)
Establish criteria for the components of the standard care
arrangements described in section 4723.431 of the Revised Code that
apply to the authority
of
a clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner
to
prescribe, including the components that apply to the authority to
prescribe schedule II controlled substances. The rules shall be
consistent with that section and include all of the following:

(a)
Quality assurance standards;

(b)
Standards for periodic review by a collaborating physician or
podiatrist of the records of patients treated by the clinical nurse
specialist, certified nurse-midwife, or certified nurse practitioner;

(c)
Acceptable travel time between the location at which the clinical
nurse specialist, certified nurse-midwife, or certified nurse
practitioner is engaging in the prescribing components of the nurse's
practice and the location of the nurse's collaborating physician or
podiatrist.

Sec.
4723.69.
(A)
The board of nursing may adopt rules to implement sections 4723.63 to
4723.68 of the Revised Code. All rules adopted under this section
shall be adopted in
In

accordance
with Chapter 119. of the Revised Code
.

(B)
If the board adopts
,
the board of nursing may adopt
rules
under this section establishing standards governing approval of and
participation in medication aide training programs
,
.
In adopting those rules,

both of the following apply:

(1)
(A)

With respect to supervised clinical practice components of training
programs, when such training is provided in a nursing home or
residential care facility and the home or facility has been notified
by the department of health of real and present danger related to its
administration of medications or provision of skilled nursing care,
the board shall prohibit the home or facility from commencing any
further supervised clinical practice components until either of the
following occurs:

(a)
(1)

A plan of correction is approved.

(b)
(2)

The home or facility resolves the danger.

The
board shall allow a training program to continue any supervised
clinical practice components that commenced prior to the department
of health notifying the home or facility.

(2)
(B)

If the rules establish a minimum or maximum number of days for
participating in or completing a training program, the board shall
base that number on calendar days rather than business days.

Sec.
4723.79.
The
board of nursing shall adopt rules
to
administer and enforce sections 4723.71 to 4723.79 of the Revised
Code. The board shall adopt the rules
in
accordance with Chapter 119. of the Revised Code
.
The rules shall
to

establish
or specify all of the following:

(A)
The application process, fee, and requirements for approval,
reapproval, and withdrawing the approval of a dialysis training
program under section 4723.74 of the Revised Code. The requirements
shall include standards that must be satisfied regarding curriculum,
length of training, and instructions in patient care.

(B)
The application process, fee, and requirements for issuance of a
dialysis technician certificate under section 4723.75 of the Revised
Code, except that the amount of the fee shall be no greater than the
fee charged under division (A)(1) of section 4723.08 of the Revised
Code;

(C)
The process for approval of testing organizations under section
4723.751 of the Revised Code;

(D)
Subjects to be included in a certification examination pursuant to
section 4723.751 of the Revised Code;

(E)
The schedule, fees, and continuing education requirements for renewal
of a dialysis technician certificate under section 4723.77 of the
Revised Code, except that the amount of the fee for renewal shall be
no greater than the fee charged under division (A)(9) of section
4723.08 of the Revised Code;

(F)
Standards for approval of continuing education programs and courses
for dialysis technicians;

(G)
Standards for the administration of medication by dialysis
technicians and dialysis technician interns under section 4723.72 of
the Revised Code;

(H)
Standards and procedures for the supervision of dialysis technicians
who provide dialysis care in a patient's home, including monthly home
visits by a registered nurse to monitor the quality of the dialysis
care
;

(I)
Any other procedures or requirements necessary for the administration
and enforcement of sections 4723.71 to 4723.79 of the Revised Code
.

Sec.
4723.88.
The
board of nursing, in accordance with Chapter 119. of the Revised
Code, shall adopt rules to
administer
and enforce sections 4723.81 to 4723.87 of the Revised Code. The
rules shall
establish
all of the following:

(A)
Standards and procedures for issuance of community health worker
certificates;

(B)
Standards for evaluating the competency of an individual who applies
to receive a certificate on the basis of having been employed in a
capacity substantially the same as a community health worker before
the board implemented the certification program;

(C)
Standards and procedures for renewal of community health worker
certificates, including the continuing education requirements that
must be met for renewal;

(D)
Standards governing the performance of activities related to nursing
care that are delegated by a registered nurse to certified community
health workers. In establishing the standards, the board shall
specify limits on the number of certified community health workers a
registered nurse may supervise at any one time.

(E)
Standards and procedures for assessing the quality of the services
that are provided by certified community health workers;

(F)
Standards and procedures for denying, suspending, and revoking a
community health worker certificate, including reasons for imposing
the sanctions that are substantially similar to the reasons that
sanctions are imposed under section 4723.28 of the Revised Code;

(G)
Standards and procedures for approving and renewing the board's
approval of training programs that prepare individuals to become
certified community health workers. In establishing the standards,
the board shall specify the minimum components that must be included
in a training program, shall require that all approved training
programs offer the standardized curriculum, and shall ensure that the
curriculum enables individuals to use the training as a basis for
entering programs leading to other careers, including nursing
education programs.

(H)
Standards for approval of continuing education programs and courses
for certified community health workers;

(I)
Standards and procedures for withdrawing the board's approval of a
training program, refusing to renew the approval of a training
program, and placing a training program on provisional approval;

(J)
Amounts for each fee that may be imposed under division (A)(17) of
section 4723.08 of the Revised Code
;

(K)
Any other standards or procedures the board considers necessary and
appropriate for the administration and enforcement of sections
4723.81 to 4723.87 of the Revised Code
.

Sec.
4723.89.
(A)
As used in this section and section 4723.90 of the Revised Code:

(1)
"Doula" means a trained, nonmedical professional who
advocates for, and provides continuous physical, emotional, and
informational support to, a pregnant woman through the delivery of a
child and immediately after the delivery, including during any of the
following periods:

(a)
The antepartum period;

(b)
The intrapartum period;

(c)
The postpartum period.

(2)
"Doula certification organization" means an organization
that is recognized, at an international, national, state, or local
level, for training and certifying doulas.

(B)
A person shall not use or assume the title "state of Ohio
certified doula" unless the person holds a certificate issued
under this section by the board of nursing.

(C)
The board of nursing shall seek and consider the opinion of the doula
advisory group established in section 4723.90 of the Revised Code
when an individual is seeking to be eligible for medicaid
reimbursement as a state of Ohio certified doula.

(D)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing standards and procedures for issuing
certificates to doulas under this section. The rules shall include
all of the following:

(1)
Requirements for certification as a state of Ohio certified doula,
including both of the following:

(a)
A requirement that a doula either be certified by a doula
certification organization or, if not certified, have education and
experience considered by the board to be appropriate, as specified in
the rules;

(b)
A requirement that the results of a criminal records check conducted
in accordance with section 4723.091 of the Revised Code demonstrate
that the applicant is not ineligible for certification in accordance
with section 4723.092 of the Revised Code.

(2)
Requirements for renewal of a certificate and continuing education;

(3)
Requirements for training on racial bias, health disparities, and
cultural competency as a condition of initial certification and
certificate renewal;

(4)
Certificate application and renewal fees, as well as a waiver of
those fees for applicants with a family income not exceeding three
hundred per cent of the federal poverty line;

(5)
Requirements and standards of practice for state of Ohio certified
doulas;

(6)
The amount of a fine to be imposed under division (F) of this
section
;

(7)
Any other standards or procedures the board considers necessary to
implement this section
.

(E)
The board of nursing shall develop and regularly update a registry of
doulas who hold certificates issued under this section. The registry
shall be made available to the public on a web site maintained by the
board.

(F)
In an adjudication under Chapter 119. of the Revised Code, the board
of nursing may impose a fine against any person who violates division
(B) of this section. On request of the board, the attorney general
shall bring and prosecute to judgment a civil action to collect any
fine imposed under this division that remains unpaid.

Sec.
4725.09.
(A)

The
state vision professionals board shall adopt rules as it considers
necessary to govern the practice of optometry and to administer and
enforce sections 4725.01 to 4725.34 of the Revised Code.
All
rules adopted under
those
sections
this
section
shall
be adopted in accordance with Chapter 119. of the Revised Code.

(B)
The
state
vision professionals
board,
in consultation with the state board of pharmacy, shall adopt rules
specifying any oral drugs or dangerous drugs that are therapeutic
pharmaceutical agents under division (C)(3) of section 4725.01 of the
Revised Code.

(C)
The board shall adopt rules that establish standards to be met and
procedures to be followed with respect to the delegation by an
optometrist of the performance of an optometric task to a person who
is not licensed or otherwise specifically authorized by the Revised
Code to perform the task. The rules shall permit an optometrist to
delegate the administration of drugs included in the optometrist's
scope of practice.

The
rules adopted under this division shall provide for all of the
following:

(1)
On-site supervision when the delegation occurs in an institution or
other facility that is used primarily for the purpose of providing
health care, unless the board established a specific exception to the
on-site supervision requirement with respect to routine
administration of a topical drug;

(2)
Evaluation of whether delegation is appropriate according to the
acuity of the patient involved;

(3)
Training and competency requirements that must be met by the person
administering the drugs
;

(4)
Other standards and procedures the board considers relevant
.

(D)
The board shall adopt rules establishing criminal records checks
requirements for applicants under section 4776.03 of the Revised
Code.

Sec.
4725.16.
(A)(1)
Each certificate of licensure for the practice of optometry issued by
the state vision professionals board shall expire on the last day of
December of each even-numbered year, and may be renewed in accordance
with this section and the standard renewal procedure established
under Chapter 4745. of the Revised Code.

(2)
An optometrist seeking to continue to practice optometry shall file
with the board an application for license renewal. The application
shall be in such form and require such pertinent professional
biographical data as the board may require.

(3)(a)
Except as provided in division (A)(3)(b) of this section, in the case
of an optometrist seeking renewal who prescribes or personally
furnishes analgesic controlled substances authorized pursuant to
section 4725.091 of the Revised Code that are opioid analgesics, as
defined in section 3719.01 of the Revised Code, the optometrist shall
certify to the board whether the optometrist has been granted access
to the drug database established and maintained by the state board of
pharmacy pursuant to section 4729.75 of the Revised Code.

(b)
The requirement in division (A)(3)(a) of this section does not apply
if any of the following is the case:

(i)
The state board of pharmacy notifies the state vision professionals
board pursuant to section 4729.861 of the Revised Code that the
license holder has been restricted from obtaining further information
from the drug database.

(ii)
The state board of pharmacy no longer maintains the drug database.

(iii)
The license holder does not practice optometry in this state.

(c)
If an optometrist certifies to the state vision professionals board
that the optometrist has been granted access to the drug database and
the board finds through an audit or other means that the optometrist
has not been granted access, the board may take action under section
4725.19 of the Revised Code.

(B)
All licensed optometrists shall complete continuing education in
subjects relating to the practice of optometry, to the end that the
utilization and application of new techniques, scientific and
clinical advances, and the achievements of research will assure
comprehensive care to the public. The board shall
prescribe
by rule
adopt
rules in accordance with Chapter 119. of the Revised Code prescribing

the
continuing optometric education that licensed optometrists must
complete. The length of study shall be fifty clock hours each
biennial licensing period, including twenty clock hours of
instruction in pharmacology to be completed by all licensed
optometrists.

Unless
the continuing education required under this division is waived or
deferred under division (D) of this section, the continuing education
must be completed during the biennial licensing period beginning on
the first day of January of each odd-numbered year and ending on the
last day of December of each even-numbered year. If the board
receives notice from a continuing education program indicating that
an optometrist completed the program after the last day of December
of an even-numbered year, and the optometrist wants to use the
continuing education completed after that day to renew the license,
the optometrist shall pay the penalty specified under section 4725.34
of the Revised Code for late completion of continuing education.

At
least once annually, the board shall post on its web site and shall
mail, or send by electronic mail, to each licensed optometrist a list
of courses approved in accordance with standards prescribed by board
rule

adopted under this section
.
Upon the request of a licensed optometrist, the executive director of
the board shall supply a list of additional courses that the board
has approved subsequent to the most recent web site posting,
electronic mail transmission, or mailing of the list of approved
courses.

(C)(1)
Not later than the first day of November of each even-numbered year,
the board shall mail or send by electronic mail a notice regarding
license renewal to each licensed optometrist who may be eligible for
renewal. The notice shall be sent to the optometrist's most recent
electronic mail or mailing address shown in the board's records. If
the board knows that the optometrist has completed the required
continuing optometric education for the biennium, the board may
include with the notice an application for license renewal.

(2)
Filing a license renewal application with the board shall serve as
notice by the optometrist that the continuing optometric education
requirement has been successfully completed. If the board finds that
an optometrist has not completed the required continuing optometric
education, the board shall disapprove the optometrist's application.
The board's disapproval of renewal is effective without a hearing,
unless a hearing is requested pursuant to Chapter 119. of the Revised
Code.

(3)
The board shall refuse to accept an application for renewal from any
applicant whose license is not in good standing or who is under
disciplinary review pursuant to section 4725.19 of the Revised Code.

(4)
Notice of an applicant's failure to qualify for renewal shall be
served upon the applicant by mail to the applicant's last address
shown in the board's records.

(D)
In cases of certified illness or undue hardship, the board may waive
or defer for up to twelve months the requirement of continuing
optometric education, except that in such cases the board may not
waive or defer the continuing education in pharmacology required to
be completed by optometrists. The board shall waive the requirement
of continuing optometric education for any optometrist who is serving
on active duty in the armed forces of the United States or a reserve
component of the armed forces of the United States, including the
Ohio national guard or the national guard of any other state or who
has received an initial certificate of licensure during the
nine-month period which ended on the last day of December of an
even-numbered year.

(E)
An optometrist whose renewal application has been approved may renew
the license held by paying to the treasurer of state the fee for
renewal specified under section 4725.34 of the Revised Code. On
payment of all applicable fees, the board shall issue a renewal of
the optometrist's certificate of licensure.

(F)
Not later than the fifteenth day of January of each odd-numbered
year, the board shall mail or send by electronic mail a second notice
regarding license renewal to each licensed optometrist who may be
eligible for renewal but did not respond to the notice sent under
division (C)(1) of this section. The notice shall be sent to the
optometrist's most recent electronic mail or mailing address shown in
the board's records. If an optometrist fails to file a renewal
application after the second notice is sent, the board shall send a
third notice regarding license renewal prior to any action under
division (I) of this section to classify the optometrist's license as
expired.

(G)
The failure of an optometrist to apply for license renewal or the
failure to pay the applicable renewal fee on or before the date of
expiration, shall automatically work a forfeiture of the
optometrist's authority to practice optometry in this state.

(H)
The board shall accept renewal applications and renewal fees that are
submitted from the first day of January to the last day of January of
the odd-numbered year next succeeding the date of expiration. An
individual who submits such a late renewal application or fee shall
pay the late renewal fee specified in section 4725.34 of the Revised
Code.

(I)(1)
If the date of expiration of a certificate of licensure issued by the
board to an individual has passed and the individual has not filed a
complete application during the late renewal period, the individual's
certificate of licensure shall be classified in the board's records
as expired.

(2)
Any optometrist whose certificate of licensure has been classified as
expired may submit an application to the board for reinstatement. For
reinstatement to occur, the applicant must meet all of the following
conditions:

(a)
Submit to the board evidence of compliance with board rules requiring
continuing optometric education in a sufficient number of hours to
make up for any delinquent compliance;

(b)
Pay the renewal fees for the biennium in which application for
reinstatement is made;

(c)
Pass all or part of the licensing examination accepted by the board
under section 4725.11 of the Revised Code as the board considers
appropriate to determine whether the application for reinstatement
should be approved;

(d)
If the applicant has been practicing optometry in another state or
country, submit evidence that the applicant's license to practice
optometry in the other state or country is in good standing.

(3)
The board shall approve an application for reinstatement if the
conditions specified in division (I)(2) of this section are met. An
optometrist who receives reinstatement is subject to the continuing
education requirements specified under division (B) of this section
for the year in which reinstatement occurs.

Sec.
4725.19.
(A)
In accordance with Chapter 119. of the Revised Code and by an
affirmative vote of a majority of its members, the state vision
professionals board, for any of the reasons specified in division (B)
of this section, shall refuse to grant a certificate of licensure to
practice optometry to an applicant and may, with respect to a
licensed optometrist, do one or more of the following:

(1)
Suspend the operation of any certificate of licensure granted by it
to the optometrist;

(2)
Permanently revoke the certificate of licensure;

(3)
Limit or otherwise place restrictions on the certificate of
licensure;

(4)
Reprimand the optometrist;

(5)
Impose a monetary penalty. If the reason for which the board is
imposing the penalty involves a criminal offense that carries a fine
under the Revised Code, the penalty shall not exceed the maximum fine
that may be imposed for the criminal offense. In any other case, the
penalty imposed by the board shall not exceed five hundred dollars.

(6)
Require the optometrist to take corrective action courses.

The

board
shall adopt rules, in accordance with Chapter 119. of the Revised
Code, establishing the
amount
and content of corrective action courses

shall be established by the board in rules adopted under section
4725.09 of the Revised Code
.

(B)
Except as provided in division (E) of this section, the sanctions
specified in division (A) of this section may be taken by the board
for any of the following reasons:

(1)
Committing fraud in passing the licensing examination or making false
or purposely misleading statements in an application for a
certificate of licensure;

(2)
Being at any time guilty of immorality, regardless of the
jurisdiction in which the act was committed;

(3)
Being guilty of dishonesty or unprofessional conduct in the practice
of optometry;

(4)
Being at any time guilty of a felony, regardless of the jurisdiction
in which the act was committed;

(5)
Being at any time guilty of a misdemeanor committed in the course of
practice, regardless of the jurisdiction in which the act was
committed;

(6)
Violating the conditions of any limitation or other restriction
placed by the board on a certificate of licensure issued by the
board;

(7)
Engaging in the practice of optometry as provided in section 4725.01
of the Revised Code when the certificate of licensure authorizing
that practice is under suspension, in which case the board shall
permanently revoke the certificate of licensure;

(8)
Being denied a license to practice optometry in another state or
country or being subject to any other sanction by the optometric
licensing authority of another state or country, other than sanctions
imposed for the nonpayment of fees;

(9)
Departing from or failing to conform to acceptable and prevailing
standards of care in the practice of optometry as followed by similar
practitioners under the same or similar circumstances, regardless of
whether actual injury to a patient is established;

(10)
Failing to maintain comprehensive patient records;

(11)
Advertising a price of optical accessories, eye examinations, or
other products or services by any means that would deceive or mislead
the public;

(12)
Being addicted to the use of alcohol, stimulants, narcotics, or any
other substance which impairs the intellect and judgment to such an
extent as to hinder or diminish the performance of the duties
included in the person's practice of optometry;

(13)
Engaging in the practice of optometry as provided in section 4725.01
of the Revised Code without authority to do so or, if authorized, in
a manner inconsistent with the authority granted;

(14)
Failing to make a report to the board as required by division (A) of
section 4725.21 or section 4725.31 of the Revised Code;

(15)
Soliciting patients from door to door or establishing temporary
offices, in which case the board shall suspend the certificate of
licensure held by the optometrist;

(16)
Except as provided in division (D) of this section:

(a)
Waiving the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers optometric services, would otherwise be
required to pay if the waiver is used as an enticement to a patient
or group of patients to receive health care services from that
optometrist.

(b)
Advertising that the optometrist will waive the payment of all or any
part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that covers
optometric services, would otherwise be required to pay.

(17)
Failing to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an
analgesic controlled substance authorized pursuant to section
4725.091 of the Revised Code that is an opioid analgesic, as defined
in section 3719.01 of the Revised Code;

(18)
Violating the rules adopted under section 4725.66 of the Revised
Code;

(19)
A pattern of continuous or repeated violations of division (E)(2) or
(3) of section 3963.02 of the Revised Code.

(C)
Any person who is the holder of a certificate of licensure, or who is
an applicant for a certificate of licensure against whom is preferred
any charges, shall be furnished by the board with a copy of the
complaint and shall have a hearing before the board in accordance
with Chapter 119. of the Revised Code.

(D)
Sanctions shall not be imposed under division (B)(16) of this section
against any optometrist who waives deductibles and copayments:

(1)
In compliance with the health benefit plan that expressly allows such
a practice. Waiver of the deductibles or copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other optometrist licensed
by the board, to the extent allowed by sections 4725.01 to 4725.34 of
the Revised Code

and the rules of the board
.

(E)
The board shall not refuse to grant a certificate of licensure to
practice optometry to an applicant because of a conviction of or plea
of guilty to an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

(F)
If a violation described in this section has caused, is causing, or
is about to cause substantial and material harm, the board may issue
an order requiring that person to cease and desist from engaging in
the violation. Notice of the order shall be mailed by certified mail,
return receipt requested, immediately after its issuance to the
person subject to the order and to all persons known to be involved
in the violation. The board may thereafter publicize or otherwise
make known to all interested parties that the order has been issued.

The
notice shall specify the particular act, omission, practice, or
transaction that is subject to the cease-and-desist order and shall
set a date, not more than fifteen days after the date of the order,
for a hearing on the continuation or revocation of the order. The
person shall comply with the order immediately upon receipt of notice
of the order.

The
board may, on the application of a party and for good cause shown,
continue the hearing. Chapter 119. of the Revised Code applies to the
hearing to the extent that that chapter does not conflict with the
procedures set forth in this section. The board shall, within fifteen
days after objections are submitted to the hearing officer's report
and recommendation, issue a final order either confirming or revoking
the cease-and-desist order. The final order may be appealed as
provided under section 119.12 of the Revised Code.

The
remedy under this division is cumulative and concurrent with the
other remedies available under this section.

Sec.
4725.33.
(A)
An individual whom the state vision professionals board licenses to
engage in the practice of optometry may render the professional
services of an optometrist within this state through a corporation
formed under division (B) of section 1701.03 of the Revised Code, a
limited liability company formed under former Chapter 1705. of the
Revised Code as that chapter existed prior to February 11, 2022, or
Chapter 1706. of the Revised Code, a partnership, or a professional
association formed under Chapter 1785. of the Revised Code. This
division does not preclude an optometrist from rendering professional
services as an optometrist through another form of business entity,
including, but not limited to, a nonprofit corporation or foundation,
or in another manner that is authorized by or in accordance with this
chapter
,

or

another chapter of the Revised Code
,
or rules of the state vision professionals board adopted pursuant to
this chapter
.

(B)
A corporation, limited liability company, partnership, or
professional association described in division (A) of this section
may be formed for the purpose of providing a combination of the
professional services of the following individuals who are licensed,
certificated, or otherwise legally authorized to practice their
respective professions:

(1)
Optometrists who are authorized to practice optometry under Chapter
4725. of the Revised Code;

(2)
Chiropractors who are authorized to practice chiropractic or
acupuncture under Chapter 4734. of the Revised Code;

(3)
Psychologists who are authorized to practice psychology under Chapter
4732. of the Revised Code;

(4)
Registered or licensed practical nurses who are authorized to
practice nursing as registered nurses or as licensed practical nurses
under Chapter 4723. of the Revised Code;

(5)
Pharmacists who are authorized to practice pharmacy under Chapter
4729. of the Revised Code;

(6)
Physical therapists who are authorized to practice physical therapy
under sections 4755.40 to 4755.56 of the Revised Code;

(7)
Occupational therapists who are authorized to practice occupational
therapy under sections 4755.04 to 4755.13 of the Revised Code;

(8)
Mechanotherapists who are authorized to practice mechanotherapy under
section 4731.151 of the Revised Code;

(9)
Doctors of medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery who are authorized for their
respective practices under Chapter 4731. of the Revised Code;

(10)
Licensed professional clinical counselors, licensed professional
counselors, independent social workers, social workers, independent
marriage and family therapists, marriage and family therapists, art
therapists, or music therapists who are authorized for their
respective practices under Chapter 4757. of the Revised Code.

This
division shall apply notwithstanding a provision of a code of ethics
applicable to an optometrist that prohibits an optometrist from
engaging in the practice of optometry in combination with a person
who is licensed, certificated, or otherwise legally authorized to
practice chiropractic, acupuncture through the state chiropractic
board, psychology, nursing, pharmacy, physical therapy, occupational
therapy, mechanotherapy, medicine and surgery, osteopathic medicine
and surgery, podiatric medicine and surgery, professional counseling,
social work, marriage and family therapy, art therapy, or music
therapy, but who is not also licensed, certificated, or otherwise
legally authorized to engage in the practice of optometry.

Sec.
4725.44.
(A)
The state vision professionals board shall be responsible for the
administration of sections 4725.40 to 4725.59 of the Revised Code
and, in particular, shall process applications for licensure as
licensed dispensing opticians; schedule, administer, and supervise
the qualifying examinations for licensure or contract with a testing
service to schedule, administer, and supervise the qualifying
examination for licensure; issue licenses to qualified individuals;
and revoke and suspend licenses.

(B)
The board shall adopt, amend, or rescind rules, pursuant to Chapter
119. of the Revised Code,
for
the licensure of dispensing opticians, and such other rules as are
required by or necessary to carry out the responsibilities imposed by
sections 4725.40 to 4725.59 of the Revised Code, including rules
establishing
that
establish
criminal
records check requirements under section 4776.03 of the Revised Code
and
rules
establishing
disqualifying
offenses for licensure as a dispensing optician or certification as
an apprentice dispensing optician pursuant to sections 9.79, 4725.48,
4725.52, 4725.53, and 4776.10 of the Revised Code.

(C)
The board shall have no authority to adopt rules governing the
employment of dispensing opticians, the location or number of optical
stores, advertising of optical products or services, or the manner in
which optical products can be displayed.

Sec.
4725.51.
(A)(1)
Each license issued under sections 4725.40 to 4725.59 of the Revised
Code shall expire on the last day of December of each odd-numbered
year. Each person holding a valid, current license may apply to the
state vision professionals board for the extension of the license
under the standard renewal procedures of Chapter 4745. of the Revised
Code. Each application for renewal shall be accompanied by a renewal
fee of one hundred ninety-five dollars. In addition, except as
provided in division (A)(2) of this section, the application shall
contain evidence that the applicant has completed continuing
education within each biennial licensing period as follows:

(a)
Licensed spectacle dispensing opticians shall have completed a length
of study of twelve clock hours, approved by the board.

(b)
Licensed spectacle-contact lens dispensing opticians shall have
completed a length of study of twenty-four clock hours, approved by
the board.

(2)
An application for the initial renewal of a license issued under
sections 4725.40 to 4725.55 of the Revised Code is not required to
contain evidence that the applicant has completed the continuing
education requirements of division (A)(1) of this section.

(B)
No person who fails to renew the person's license under division (A)
of this section shall be required to take a qualifying examination
under section 4725.48 of the Revised Code as a condition of renewal,
provided that the application for renewal and proof of the requisite
continuing education hours are submitted within thirty days from the
date the license expired and the applicant pays the renewal fee and a
penalty of seventy-five dollars. The board may
provide,
by rule,
adopt
rules in accordance with Chapter 119. of the Revised Code providing

for an extension of the grace period for licensed dispensing
opticians who are serving in the armed forces of the United States or
a reserve component of the armed forces of the United States,
including the Ohio national guard or the national guard of any other
state and for waiver of the continuing education requirements or the
penalty in cases of hardship or illness.

(C)
The board shall approve continuing education programs and shall adopt
rules
as
necessary
in
accordance with Chapter 119. of the Revised Code establishing
standards and procedures
for
approving the programs. The rules shall permit programs to be
conducted either in person or through electronic or other self-study
means. Approved programs shall be scheduled, sponsored, and conducted
in accordance with the board's rules.

(D)
Any license given a grandfathered issuance or renewal between March
22, 1979, and March 22, 1980, shall be renewed in accordance with
this section.

Sec.
4727.13.
(A)
The superintendent of financial institutions shall
adopt
rules in accordance with Chapter 119. of the Revised Code for the
administration and enforcement of this chapter.

(B)
The superintendent shall
enforce
this chapter, make all reasonable effort to discover alleged
violators, notify the proper prosecuting officer whenever the
superintendent has reasonable grounds to believe that a violation has
occurred, act as complainant in the prosecution thereof, and aid such
officers to the best of the superintendent's ability in such
prosecutions. The superintendent shall employ such deputies as may be
necessary to make the investigations and inspections, and otherwise
perform the duties imposed by such sections.

(C)
(B)

The superintendent may issue a cease and desist order against any
person the superintendent reasonably suspects has violated, is
currently violating, or is about to violate this chapter. The
superintendent may apply to a court of common pleas for an order
compelling a person to comply with any cease and desist order or any
subpoena issued by the superintendent.

(D)
(C)

The superintendent may obtain from the court of common pleas any form
of injunctive relief against any person that has violated, is
currently violating, or is about to violate this chapter.

(E)
(D)

To enforce this chapter, the superintendent may issue a subpoena to
any person to compel the production of any item, record, or writing,
including an electronic writing, and may issue a subpoena to any
person to compel the appearance and rendering of testimony.

(F)
(E)

The superintendent may examine and investigate the business,
including the business location and any books, records, writings,
including electronic writings, safes, files, or storage areas located
in or utilized by the business location, of any person the
superintendent reasonably suspects to be advertising, transacting, or
soliciting business as a pawnbroker. The superintendent may request
the attendance and assistance of the appropriate chief of police of a
municipal corporation or township, the county sheriff, or the state
highway patrol during the examination and investigation of the
business.

Sec.
4729.10.
The
state board of pharmacy may adopt rules
under
section 4729.26 of the Revised Code
requiring
a licensee or registrant under this chapter to report to the board a
violation of state or federal law, including any rule adopted under
this chapter.

In
the absence of fraud or bad faith, a person who reports under this
section or testifies in any adjudication conducted under Chapter 119.
of the Revised Code is not liable to any person for damages in a
civil action as a result of the report or testimony.

Sec.
4729.12.
A
license issued by the state board of pharmacy under section 4729.08
or 4729.11 of the Revised Code entitles the individual to whom it is
issued to practice as a pharmacist or as a pharmacy intern in this
state until the next renewal date.

Licenses
shall be renewed according to the standard renewal procedure of
Chapter 4745. of the Revised Code and rules adopted by the board
under
this

section

4729.26 of the Revised Code. Licenses are valid for the period
specified in the rules, unless earlier revoked or suspended by the
board
.
The
board
shall adopt rules specifying the
period

for
which a license remains valid, which
shall
not exceed twenty-four months
,

unless the board extends the period in the rules to adjust license
renewal schedules.

The rules also shall specify that a license is valid for that time
period, unless earlier revoked or suspended by the board. All rules
adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

A
pharmacist or pharmacy intern who desires to continue in the practice
of pharmacy shall file with the board an application in such form and
containing such data as the board may require for renewal of a
license. In the case of a pharmacist who dispenses or plans to
dispense controlled substances in this state, the pharmacist shall
certify, as part of the application, that the pharmacist has been
granted access to the drug database established and maintained by the
board pursuant to section 4729.75 of the Revised Code, unless the
board has restricted the pharmacist from obtaining further
information from the database or the board no longer maintains the
database. If the pharmacist certifies to the board that the applicant
has been granted access to the drug database and the board finds
through an audit or other means that the pharmacist has not been
granted access, the board may take action under section 4729.16 of
the Revised Code.

An
application filed under this section for renewal of a license may not
be withdrawn without the approval of the board.

The
board shall renew an applicant's license if the board finds all of
the following:

(A)
The applicant's license has not been revoked or placed under
suspension.

(B)
The applicant has paid the renewal fee.

(C)
If the applicant is a pharmacist, the applicant has completed thirty
hours of continued pharmacy education in the previous two years in
accordance with any rules of the board.

(D)
The applicant is entitled to continue in the practice of pharmacy.

When
a license has expired but an application is made within three years
after the expiration of the license, the applicant's license shall be
renewed without further examination if the applicant meets the
requirements of this section and pays the fee designated under
division (A)(5) of section 4729.15 of the Revised Code.

A
pharmacist or pharmacy intern who fails to renew the pharmacist's or
intern's license by the renewal date prescribed by the board shall
not engage in the practice of pharmacy until a valid license is
issued by the board.

Sec.
4729.16.
(A)(1)
The state board of pharmacy, after notice and hearing in accordance
with Chapter 119. of the Revised Code, may impose any one or more of
the following sanctions on a pharmacist or pharmacy intern if the
board finds the individual engaged in any of the conduct set forth in
division (A)(2) of this section:

(a)
Revoke, suspend, restrict, limit, or refuse to grant or renew a
license;

(b)
Reprimand or place the license holder on probation;

(c)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense, or in
the case of a violation of a section of the Revised Code that does
not bear a penalty, a monetary penalty or forfeiture of not more than
five hundred dollars.

(2)
Except as provided in division (I) of this section, the board may
impose the sanctions listed in division (A)(1) of this section if the
board finds a pharmacist or pharmacy intern:

(a)
Has been convicted of a felony, or a crime of moral turpitude, as
defined in section 4776.10 of the Revised Code;

(b)
Engaged in dishonesty or unprofessional conduct in the practice of
pharmacy;

(c)
Is addicted to or abusing alcohol or drugs or is impaired physically
or mentally to such a degree as to render the pharmacist or pharmacy
intern unfit to practice pharmacy;

(d)
Has been convicted of a misdemeanor related to, or committed in, the
practice of pharmacy;

(e)
Violated, conspired to violate, attempted to violate, or aided and
abetted the violation of any of the provisions of this chapter,
sections 3715.52 to 3715.72 of the Revised Code, Chapter 2925. or
3719. of the Revised Code, or any rule adopted by the board under
those provisions;

(f)
Permitted someone other than a pharmacist or pharmacy intern to
practice pharmacy;

(g)
Knowingly lent the pharmacist's or pharmacy intern's name to an
illegal practitioner of pharmacy or had a professional connection
with an illegal practitioner of pharmacy;

(h)
Divided or agreed to divide remuneration made in the practice of
pharmacy with any other individual, including, but not limited to,
any licensed health professional authorized to prescribe drugs or any
owner, manager, or employee of a health care facility, residential
care facility, or nursing home;

(i)
Violated the terms of a consult agreement entered into pursuant to
section 4729.39 of the Revised Code;

(j)
Committed fraud, misrepresentation, or deception in applying for or
securing a license issued by the board under this chapter or under
Chapter 3715. or 3719. of the Revised Code;

(k)
Failed to comply with an order of the board or a settlement
agreement
;

(l)
Engaged in any other conduct for which the board may impose
discipline as set forth in rules adopted under section 4729.26 of the
Revised Code
.

(B)
Any individual whose license is revoked, suspended, or refused, shall
return the license to the offices of the state board of pharmacy
within ten days after receipt of notice of such action.

(C)
As used in this section:

"Unprofessional
conduct in the practice of pharmacy" includes any of the
following:

(1)
Advertising or displaying signs that promote dangerous drugs to the
public in a manner that is false or misleading;

(2)
Except as provided in section 3715.50, 3715.502, 4729.281, or 4729.47
of the Revised Code, the dispensing or sale of any drug for which a
prescription is required, without having received a prescription for
the drug;

(3)
Knowingly dispensing medication pursuant to false or forged
prescriptions;

(4)
Knowingly failing to maintain complete and accurate records of all
dangerous drugs received or dispensed in compliance with federal laws
and regulations and state laws and rules;

(5)
Obtaining any remuneration by fraud, misrepresentation, or deception;

(6)
Failing to conform to prevailing standards of care of similar
pharmacists or pharmacy interns under the same or similar
circumstances, whether or not actual injury to a patient is
established
;

(7)
Engaging in any other conduct that the board specifies as
unprofessional conduct in the practice of pharmacy in rules adopted
under section 4729.26 of the Revised Code
.

(D)
The board may suspend a license under division (B) of section
3719.121 of the Revised Code by utilizing a telephone conference call
to review the allegations and take a vote.

(E)
For purposes of this division, an individual authorized to practice
as a pharmacist or pharmacy intern accepts the privilege of
practicing in this state subject to supervision by the board. By
filing an application for or holding a license to practice as a
pharmacist or pharmacy intern, an individual gives consent to submit
to a mental or physical examination when ordered to do so by the
board in writing and waives all objections to the admissibility of
testimony or examination reports that constitute privileged
communications.

If
the board has reasonable cause to believe that an individual who is a
pharmacist or pharmacy intern is physically or mentally impaired, the
board may require the individual to submit to a physical or mental
examination, or both. The expense of the examination is the
responsibility of the individual required to be examined.

Failure
of an individual who is a pharmacist or pharmacy intern to submit to
a physical or mental examination ordered by the board, unless the
failure is due to circumstances beyond the individual's control,
constitutes an admission of the allegations and a suspension order
shall be entered without the taking of testimony or presentation of
evidence. Any subsequent adjudication hearing under Chapter 119. of
the Revised Code concerning failure to submit to an examination is
limited to consideration of whether the failure was beyond the
individual's control.

If,
based on the results of an examination ordered under this division,
the board determines that the individual's ability to practice is
impaired, the board shall suspend the individual's license or deny
the individual's application and shall require the individual, as a
condition for an initial, continued, reinstated, or renewed license
to practice, to submit to a physical or mental examination and
treatment.

An
order of suspension issued under this division shall not be subject
to suspension by a court during pendency of any appeal filed under
section 119.12 of the Revised Code.

(F)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the applicant or
licensee does not make a timely request for a hearing in accordance
with section 119.07 of the Revised Code, the board is not required to
hold a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(G)
Notwithstanding the provision of division (D)(2) of section 2953.32
or division (F)(1) of section 2953.39 of the Revised Code specifying
that if records pertaining to a criminal case are sealed or expunged
under that section the proceedings in the case must be deemed not to
have occurred, sealing or expungement of the following records on
which the board has based an action under this section shall have no
effect on the board's action or any sanction imposed by the board
under this section: records of any conviction, guilty plea, judicial
finding of guilt resulting from a plea of no contest, or a judicial
finding of eligibility for a pretrial diversion program or
intervention in lieu of conviction. The board shall not be required
to seal, destroy, redact, or otherwise modify its records to reflect
the court's sealing or expungement of conviction records.

(H)
No pharmacist or pharmacy intern shall knowingly engage in any
conduct described in divisions (A)(2)(b) or (A)(2)(e) to (l) of this
section.

(I)
The board shall not refuse to issue a license to an applicant for a
conviction of an offense unless the refusal is in accordance with
section 9.79 of the Revised Code.

Sec.
4729.28.
(A)
As used in this section, "dispense" has the meaning
specified by the state board of pharmacy in rules adopted under
this

section

4729.26 of the Revised Code
.

(B)(1)
Except as provided in division (B)(2) of this section, no person who
is not a pharmacist or a pharmacy intern under the personal
supervision of a pharmacist shall compound or sell dangerous drugs or
otherwise engage in the practice of pharmacy.

(2)
Except as provided in section 3701.048 of the Revised Code with
respect to other health care professionals, in sections 3715.512 and
4729.47 of the Revised Code with respect to pharmacy interns, or in
rules adopted by the board under
this

section

4729.26 of the Revised Code
,
no person who is not a pharmacist shall dispense dangerous drugs.

(C)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code to implement divisions (A) and (B)(2) of this section.

Sec.
4729.382.
(A)
As used in this section, "epinephrine autoinjector" means a
device used to administer epinephrine only in a manufactured dosage
form.

(B)
Subject to division (C) of this section, a pharmacist dispensing an
epinephrine autoinjector pursuant to a prescription that identifies a
specific type of epinephrine autoinjector may substitute the
prescribed autoinjector with another epinephrine autoinjector, but
only if the form of epinephrine contained in the autoinjector to be
dispensed by substitution meets either of the following conditions:

(1)
It is identical to the form of epinephrine in the type of
autoinjector that was prescribed.

(2)
It is a pharmaceutical equivalent of the form of epinephrine in the
type of autoinjector that was prescribed in that it contains
identical amounts of the identical active ingredients, but not
necessarily the same inactive ingredients; it has been approved by
the United States food and drug administration; and it has not been
excluded from recognition as a pharmaceutical equivalent form of
epinephrine by rules adopted under division (H) of this section.

(C)
All of the following conditions apply with respect to a pharmacist's
authority to dispense an epinephrine autoinjector by substitution:

(1)
The pharmacist shall not make the substitution if the person
receiving the autoinjector pursuant to the prescription instructs
otherwise.

(2)
The pharmacist shall not make the substitution if either of the
following applies to the prescription:

(a)
In the case of a written or electronic prescription, including a
computer-generated prescription, the prescriber handwrites or
actively causes to display on the prescription "dispense as
written," "D.A.W.," "do not substitute,"
"medically necessary as prescribed," or any other statement
or numerical code that indicates the prescriber's intent to prevent
substitution. Such a designation shall not be preprinted or stamped
on the prescription, but a reminder to the prescriber of the
designation procedure may be preprinted or displayed on the
prescription form or electronic system the prescriber uses to issue
the prescription.

(b)
In the case of an oral prescription, the prescriber specifies that
the epinephrine autoinjector as prescribed is medically necessary or
otherwise indicates the prescriber's intent to prevent substitution.

(3)
The pharmacist shall not make the substitution unless its price to
the patient is less than or equal to the price of the prescribed
epinephrine autoinjector, except that a pharmacist may substitute an
epinephrine autoinjector with a price to the patient that is greater
than the prescribed autoinjector if the patient specifically requests
the more expensive autoinjector.

(4)
The pharmacist, or a pharmacy intern or agent of the pharmacist,
shall make a reasonable attempt to inform the patient or the
patient's representative if a type of epinephrine autoinjector is
available at a lower or equal cost.

(5)
The pharmacist, or a pharmacy intern or agent of the pharmacist,
shall inform the patient or the patient's representative of the
person's right to refuse substitution of the prescribed epinephrine
autoinjector.

(D)(1)
Unless the prescriber instructs otherwise, the label for every
epinephrine autoinjector dispensed shall include the epinephrine
autoinjector's name, if any, and the distributor of the autoinjector.
Abbreviations may be used as necessary.

(2)
When dispensing at retail an epinephrine autoinjector by
substitution, the pharmacist shall indicate on the autoinjector's
label or container that a substitution was made.

(3)
The labeling requirements established by divisions (D)(1) and (2) of
this section are in addition to all other labeling requirements as
required in rules adopted by the state board of pharmacy.

(E)
When a pharmacist dispenses an epinephrine autoinjector by
substitution, the pharmacist or a pharmacy intern shall provide to
the person receiving the device instruction on the proper method of
administering epinephrine with the device, except that the
instruction does not have to be provided if the person is receiving
the same device that was dispensed when the person last received the
device by having a prescription filled or refilled.

(F)
A pharmacist who dispenses an epinephrine autoinjector pursuant to
this section assumes no greater liability for dispensing the
autoinjector by substitution than would be incurred for dispensing
the autoinjector identified on the prescription.

(G)
The failure of a prescriber to restrict a prescription by indicating
an intent to prevent substitution pursuant to this section shall not
constitute evidence of the prescriber's negligence unless the
prescriber had reasonable cause to believe that the health condition
of the patient for whom the epinephrine autoinjector was intended
warranted the prescription of a specific type of epinephrine
autoinjector and no other. No prescriber shall be liable for civil
damages or in any criminal prosecution arising from a pharmacist
dispensing an epinephrine autoinjector by substitution, unless the
type of autoinjector prescribed would have reasonably caused the same
loss, damage, injury, or death.

(H)
The state board of pharmacy may adopt rules in accordance with
Chapter 119. of the Revised Code
to
implement this section. The rules may specify
specifying
the
forms
of epinephrine that are not to be recognized as pharmaceutical
equivalents of other forms of epinephrine for purposes of this
section.

(I)
No pharmacist shall knowingly engage in conduct that is prohibited by
division (C) or (D) of this section.

Sec.
4729.39.
(A)
As used in this section:

(1)
"Certified nurse practitioner," "certified
nurse-midwife," "clinical nurse specialist," and
"standard care arrangement" have the same meanings as in
section 4723.01 of the Revised Code.

(2)
"Collaborating physician" means a physician who has entered
into a standard care arrangement with a clinical nurse specialist,
certified nurse-midwife, or certified nurse practitioner.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(4)
"Physician assistant" means an individual who is licensed
to practice as a physician assistant under Chapter 4730. of the
Revised Code, holds a valid prescriber number issued by the state
medical board, and has been granted physician-delegated prescriptive
authority.

(5)
"Supervising physician" means a physician who has entered
into a supervision agreement with a physician assistant under section
4730.19 of the Revised Code.

(B)
Subject to division (C) of this section, one or more pharmacists may
enter into a consult agreement with one or more of the following
practitioners:

(1)
Physicians;

(2)
Physician assistants, if entering into a consult agreement is
authorized by one or more supervising physicians;

(3)
Clinical nurse specialists, certified nurse-midwives, or certified
nurse practitioners, if entering into a consult agreement is
authorized by one or more collaborating physicians.

(C)
Before entering into a consult agreement, all of the following
conditions must be met:

(1)
Each practitioner must have an ongoing practitioner-patient
relationship with each patient whose drug therapy is to be managed.

(2)
The diagnosis for which each patient has been prescribed drug therapy
must be within the scope of each practitioner's practice.

(3)
Each pharmacist must have training and experience related to the
particular diagnosis for which drug therapy is to be prescribed.

(D)
With respect to consult agreements, all of the following apply:

(1)
Under a consult agreement, a pharmacist is authorized to do both of
the following, but only to the extent specified in the agreement,
this section, and the rules adopted under this section:

(a)
Manage drug therapy for treatment of specified diagnoses or diseases
for each patient who is subject to the agreement, including all of
the following:

(i)
Changing the duration of treatment for the current drug therapy;

(ii)
Adjusting a drug's strength, dose, dosage form, frequency of
administration, or route of administration;

(iii)
Discontinuing the use of a drug;

(iv)
Administering a drug;

(v)
Notwithstanding the definition of "licensed health professional
authorized to prescribe drugs" in section 4729.01 of the Revised
Code, adding a drug to the patient's drug therapy.

(b)(i)
Order laboratory and diagnostic tests, including blood and urine
tests, that are related to the drug therapy being managed, and
evaluate the results of the tests that are ordered.

(ii)
A pharmacist's authority to evaluate test results under division
(D)(1)(b)(i) of this section does not authorize the pharmacist to
make a diagnosis.

(2)(a)
A consult agreement, or the portion of the agreement that applies to
a particular patient, may be terminated by any of the following:

(i)
A pharmacist who entered into the agreement;

(ii)
A practitioner who entered into the agreement;

(iii)
A patient whose drug therapy is being managed;

(iv)
An individual who consented to the treatment on behalf of a patient
or an individual authorized to act on behalf of a patient.

(b)
The pharmacist or practitioner who receives the notice of a patient's
termination of the agreement shall provide written notice to every
other pharmacist or practitioner who is a party to the agreement. A
pharmacist or practitioner who terminates a consult agreement with
regard to one or more patients shall provide written notice to all
other pharmacists and practitioners who entered into the agreement
and to each individual who consented to treatment under the
agreement. The termination of a consult agreement with regard to one
or more patients shall be recorded by the pharmacist and practitioner
in the medical records of each patient to whom the termination
applies.

(3)
A consult agreement shall be made in writing and shall include all of
the following:

(a)
The diagnoses and diseases being managed under the agreement,
including whether each disease is primary or comorbid;

(b)
A description of the drugs or drug categories the agreement involves;

(c)
A description of the procedures, decision criteria, and plan the
pharmacist is to follow in acting under a consult agreement;

(d)
A description of how the pharmacist is to comply with divisions
(D)(5) and (6) of this section.

(4)
The content of a consult agreement shall be communicated to each
patient whose drug therapy is managed under the agreement.

(5)
A pharmacist acting under a consult agreement shall maintain a record
of each action taken for each patient whose drug therapy is managed
under the agreement.

(6)
Communication between a pharmacist and practitioner acting under a
consult agreement shall take place at regular intervals specified by
the primary practitioner acting under the agreement. The agreement
may include a requirement that a pharmacist send a consult report to
each consulting practitioner.

(7)
A consult agreement is effective for two years and may be renewed if
the conditions specified in division (C) of this section continue to
be met.

(8)
A consult agreement does not permit a pharmacist to manage drug
therapy prescribed by a practitioner who has not entered into the
agreement.

(E)
The state board of pharmacy, state medical board, and board of
nursing shall each adopt rules as follows for its license holders
establishing standards and procedures for entering into a consult
agreement and managing a patient's drug therapy under a consult
agreement:

(1)
The state board of pharmacy, in consultation with the state medical
board and board of nursing, shall adopt rules to be followed by
pharmacists.

(2)
The state medical board, in consultation with the state board of
pharmacy, shall adopt rules to be followed by physicians and rules to
be followed by physician assistants.

(3)
The board of nursing, in consultation with the state board of
pharmacy and state medical board, shall adopt rules to be followed by
clinical nurse specialists, certified nurse-midwives, and certified
nurse practitioners.

The
boards shall specify in the rules any categories of drugs or types of
diseases for which a consult agreement may not be established.
Each
board may adopt any other rules it considers necessary for the
implementation and administration of this section.
All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

(F)(1)
Subject to division (F)(2) of this section, both of the following
apply:

(a)
A pharmacist acting in accordance with a consult agreement regarding
a practitioner's change in a drug for a patient whose drug therapy
the pharmacist is managing under the agreement is not liable in
damages in a tort or other civil action for injury or loss to person
or property allegedly arising from the change.

(b)
A practitioner acting in accordance with a consult agreement
regarding a pharmacist's change in a drug for a patient whose drug
therapy the pharmacist is managing under a consult agreement is not
liable in damages in a tort or other civil action for injury or loss
to person or property allegedly arising from the change unless the
practitioner authorized the specific change.

(2)
Division (F)(1) of this section does not limit a practitioner's or
pharmacist's liability in damages in a tort or other civil action for
injury or loss to person or property allegedly arising from actions
that are not related to the practitioner's or pharmacist's change in
a drug for a patient whose drug therapy is being managed under a
consult agreement.

Sec.
4729.391.
(A)
A pharmacist may modify a drug's prescription to also include a drug
delivery device, if the pharmacist determines that the device is
necessary for the drug's administration.

(B)

The
state board of pharmacy may adopt rules to implement this section.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

(C)

For
purposes of reimbursement under the terms of a health benefit plan by
a health care insurer, government health care program, pharmacy
benefit manager, or other entity that offers health benefit plans, a
prescription modified as described in this section, and in accordance
with any rules adopted under it, shall be deemed a valid prescription
for the drug delivery device.

Sec.
4729.41.
(A)(1)
A pharmacist licensed under this chapter who meets the requirements
of division (B) of this section, a pharmacy intern licensed under
this chapter who meets the requirements of division (B) of this
section and is working under the direct supervision of a pharmacist
who meets the requirements of that division, and a certified pharmacy
technician or a registered pharmacy technician who meets the
requirements of division (B) of this section and is working under the
direct supervision of a pharmacist who meets the requirements of that
division, may administer to an individual who is five years of age or
older an immunization for any disease, including an immunization for
influenza or COVID-19.

(2)
As part of engaging in the administration of immunizations or
supervising a pharmacy intern's, certified pharmacy technician's, or
registered pharmacy technician's administration of immunizations, a
pharmacist may administer epinephrine or diphenhydramine, or both, to
individuals in emergency situations resulting from adverse reactions
to the immunizations administered by the pharmacist, pharmacy intern,
certified pharmacy technician, or registered pharmacy technician.

(B)
For a pharmacist, pharmacy intern, certified pharmacy technician, or
registered pharmacy technician to be authorized to engage in the
administration of immunizations, the pharmacist, pharmacy intern,
certified pharmacy technician, or registered pharmacy technician
shall do all of the following:

(1)
Successfully complete a course in the administration of immunizations
that meets the requirements established in rules adopted under this
section for such courses;

(2)
Receive and maintain certification to perform basic life-support
procedures by successfully completing a basic life-support training
course that is certified by the American red cross or American heart
association or approved by the state board of pharmacy;

(3)
Practice in accordance with a protocol that meets the requirements of
division (C) of this section.

(C)
All of the following apply with respect to the protocol required by
division (B)(3) of this section:

(1)
The protocol shall be established by a physician authorized under
Chapter 4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery or a certified nurse-midwife,
clinical nurse specialist, or certified nurse practitioner licensed
under Chapter 4723. of the Revised Code.

(2)
The protocol shall specify a definitive set of treatment guidelines
and the locations at which a pharmacist, pharmacy intern, certified
pharmacy technician, or registered pharmacy technician may engage in
the administration of immunizations.

(3)
The protocol shall satisfy the requirements established in rules
adopted under this section for protocols.

(4)
The protocol shall include provisions for implementation of the
following requirements:

(a)
The pharmacist, pharmacy intern, certified pharmacy technician, or
registered pharmacy technician who administers an immunization shall
observe the individual who receives the immunization to determine
whether the individual has an adverse reaction to the immunization.
The length of time and location of the observation shall comply with
the rules adopted under this section establishing requirements for
protocols. The protocol shall specify procedures to be followed by a
pharmacist when administering epinephrine or diphenhydramine, or
both, to an individual who has an adverse reaction to an immunization
administered by the pharmacist or by a pharmacy intern, certified
pharmacy technician, or registered pharmacy technician.

(b)
For each immunization administered to an individual by a pharmacist,
pharmacy intern, certified pharmacy technician, or registered
pharmacy technician, other than an immunization for influenza
administered to an individual eighteen years of age or older, the
pharmacist, pharmacy intern, certified pharmacy technician, or
registered pharmacy technician shall notify the individual's primary
care provider or, if the individual has no primary care provider, the
board of health of the health district in which the individual
resides or the authority having the duties of a board of health for
that district under section 3709.05 of the Revised Code. The notice
shall be given not later than thirty days after the immunization is
administered.

(c)
For each immunization administered by a pharmacist, pharmacy intern,
certified pharmacy technician, or registered pharmacy technician to
an individual younger than eighteen years of age, the pharmacist, a
pharmacy intern, certified pharmacy technician, or registered
pharmacy technician shall obtain permission from the individual's
parent or legal guardian in accordance with the procedures specified
in rules adopted under this section.

(d)
For each immunization administered by a pharmacist, pharmacy intern,
certified pharmacy technician, or registered pharmacy technician to
an individual who is younger than eighteen years of age, the
pharmacist, pharmacy intern, certified pharmacy technician, or
registered pharmacy technician shall inform the individual's parent
or legal guardian of the importance of well child visits with a
pediatrician or other primary care provider and shall refer patients
when appropriate.

(D)(1)
No pharmacist shall do either of the following:

(a)
Engage in the administration of immunizations unless the requirements
of division (B) of this section have been met;

(b)
Delegate to any person the pharmacist's authority to engage in or
supervise the administration of immunizations.

(2)
No pharmacy intern shall engage in the administration of
immunizations unless the requirements of division (B) of this section
have been met.

(3)
No certified pharmacy technician or registered pharmacy technician
shall engage in the administration of immunizations unless the
requirements of division (B) of this section have been met.

(E)(1)
The state board of pharmacy shall adopt rules
to
implement this section. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code
and
shall include
to
establish
the
following:

(a)
Requirements for courses in administration of immunizations,
including requirements that are consistent with any standards
established for such courses by the centers for disease control and
prevention;

(b)
Requirements for protocols to be followed by pharmacists, pharmacy
interns, certified pharmacy technicians, and registered pharmacy
technicians in engaging in the administration of immunizations;

(c)
Procedures to be followed by pharmacists, pharmacy interns, certified
pharmacy technicians, and registered pharmacy technicians in
obtaining from the individual's parent or legal guardian permission
to administer immunizations to an individual younger than eighteen
years of age.

(2)
Prior to adopting rules regarding requirements for protocols to be
followed by pharmacists, pharmacy interns, certified pharmacy
technicians, and registered pharmacy technicians in engaging in the
administration of immunizations, the state board of pharmacy shall
consult with the state medical board and the board of nursing.

Sec.
4729.47.
(A)
As used in this section:

(1)
"Board of health" means a board of health of a city or
general health district or an authority having the duties of a board
of health under section 3709.05 of the Revised Code.

(2)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(B)
If use of a protocol that has been developed pursuant to rules
adopted under division (G) of this section has been authorized under
section 3707.60, 4723.4812, or 4731.961 of the Revised Code, a
pharmacist or pharmacy intern may dispense epinephrine without a
prescription in accordance with that protocol to either of the
following individuals so long as the individual is at least eighteen
years of age:

(1)
An individual who there is reason to believe is experiencing or at
risk of experiencing anaphylaxis if the pharmacy affiliated with the
pharmacist or intern has a record of previously dispensing
epinephrine to the individual in accordance with a prescription
issued by a licensed health professional authorized to prescribe
drugs;

(2)
An individual acting on behalf of a qualified entity, as defined in
section 3728.01 of the Revised Code.

(C)(1)
A pharmacist or pharmacy intern who dispenses epinephrine under this
section shall instruct the individual to whom epinephrine is
dispensed to summon emergency services as soon as practicable either
before or after administering epinephrine.

(2)
A pharmacist or pharmacy intern who dispenses epinephrine to an
individual identified in division (B)(1)(a) of this section shall
provide notice of the dispensing to the individual's primary care
provider, if known, or to the prescriber who issued the individual
the initial prescription for epinephrine.

(D)
A pharmacist may document the dispensing of epinephrine by the
pharmacist or a pharmacy intern supervised by the pharmacist on a
prescription form. The form may be assigned a number for
record-keeping purposes.

(E)
This section does not affect the authority of a pharmacist or
pharmacy intern to fill or refill a prescription for epinephrine.

(F)
A board of health that in good faith authorizes a pharmacist or
pharmacy intern to dispense epinephrine without a prescription in
accordance with a protocol developed pursuant to rules adopted under
division (G) of this section is not liable for or subject to any of
the following for any action or omission of the individual to whom
the epinephrine is dispensed: damages in any civil action,
prosecution in any criminal proceeding, or professional disciplinary
action.

A
physician, certified nurse-midwife, clinical nurse specialist, or
certified nurse practitioner who in good faith authorizes a
pharmacist or pharmacy intern to dispense epinephrine without a
prescription in accordance with a protocol developed pursuant to
rules adopted under division (G) of this section is not liable for or
subject to any of the following for any action or omission of the
individual to whom the epinephrine is dispensed: damages in any civil
action, prosecution in any criminal proceeding, or professional
disciplinary action.

A
pharmacist or pharmacy intern authorized under this section to
dispense epinephrine without a prescription who does so in good faith
is not liable for or subject to any of the following for any action
or omission of the individual to whom the epinephrine is dispensed:
damages in any civil action, prosecution in any criminal proceeding,
or professional disciplinary action.

(G)
The state board of pharmacy shall, after consulting with the state
medical board and board of nursing, adopt rules
to
implement this section. The rules shall specify
specifying

minimum
requirements for protocols established by physicians, certified
nurse-midwives, clinical nurse specialists, or certified nurse
practitioners under which pharmacists or pharmacy interns may
dispense epinephrine without a prescription.

All
rules adopted under this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
4729.51.
(A)
No person other than a licensed manufacturer of dangerous drugs,
outsourcing facility, third-party logistics provider, repackager of
dangerous drugs, or wholesale distributor of dangerous drugs shall
possess for sale, sell, distribute, or deliver, at wholesale,
dangerous drugs or investigational drugs or products, except as
follows:

(1)
A licensed terminal distributor of dangerous drugs that is a pharmacy
may make occasional sales of dangerous drugs or investigational drugs
or products at wholesale.

(2)
A licensed terminal distributor of dangerous drugs having more than
one licensed location may transfer or deliver dangerous drugs from
one licensed location to another licensed location owned by the
terminal distributor if the license issued for each location is in
effect at the time of the transfer or delivery.

(3)
A licensed terminal distributor of dangerous drugs that is not a
pharmacy may make occasional sales of the following at wholesale:

(a)
Overdose reversal drugs;

(b)
Dangerous drugs if the drugs being sold are in shortage, as defined
in rules adopted under
division
(J) of this
section

4729.26 of the Revised Code
;

(c)
Dangerous drugs other than those described in divisions (A)(3)(a) and
(b) of this section or investigational drugs or products if
authorized by rules adopted under
division
(J) of this
section

4729.26 of the Revised Code
.

(B)
No licensed manufacturer, outsourcing facility, third-party logistics
provider, repackager, or wholesale distributor shall possess for
sale, sell, or distribute, at wholesale, dangerous drugs or
investigational drugs or products to any person other than the
following:

(1)
Subject to division (D) of this section, a licensed terminal
distributor of dangerous drugs;

(2)
Subject to division (C) of this section, any person exempt from
licensure as a terminal distributor of dangerous drugs under section
4729.541 of the Revised Code;

(3)
A licensed manufacturer, outsourcing facility, third-party logistics
provider, repackager, or wholesale distributor;

(4)
A terminal distributor, manufacturer, outsourcing facility,
third-party logistics provider, repackager, or wholesale distributor
that is located in another state, is not engaged in the sale of
dangerous drugs within this state, and is actively licensed to engage
in the sale of dangerous drugs by the state in which the distributor
conducts business.

(C)
No licensed manufacturer, outsourcing facility, third-party logistics
provider, repackager, or wholesale distributor shall possess for
sale, sell, or distribute, at wholesale, dangerous drugs or
investigational drugs or products to either of the following:

(1)
A prescriber who is employed by a pain management clinic that is not
licensed as a terminal distributor of dangerous drugs with a pain
management clinic classification issued under section 4729.552 of the
Revised Code;

(2)
A business entity described in division (A)(2) or (3) of section
4729.541 of the Revised Code that is, or is operating, a pain
management clinic without a license as a terminal distributor of
dangerous drugs with a pain management clinic classification issued
under section 4729.552 of the Revised Code.

(D)
No licensed manufacturer, outsourcing facility, third-party logistics
provider, repackager, or wholesale distributor shall possess
dangerous drugs or investigational drugs or products for sale at
wholesale, or sell or distribute such drugs at wholesale, to a
licensed terminal distributor of dangerous drugs, except as follows:

(1)
In the case of a terminal distributor with a category II license,
only dangerous drugs in category II, as defined in division (A)(1) of
section 4729.54 of the Revised Code;

(2)
In the case of a terminal distributor with a category III license,
dangerous drugs in category II and category III, as defined in
divisions (A)(1) and (2) of section 4729.54 of the Revised Code;

(3)
In the case of a terminal distributor with a limited category II or
III license, only the dangerous drugs specified in the license.

(E)(1)
Except as provided in division (E)(2) of this section, no person
shall do any of the following:

(a)
Sell or distribute, at retail, dangerous drugs;

(b)
Possess for sale, at retail, dangerous drugs;

(c)
Possess dangerous drugs.

(2)(a)
Divisions (E)(1)(a), (b), and (c) of this section do not apply to any
of the following:

(i)
A licensed terminal distributor of dangerous drugs;

(ii)
A person who possesses, or possesses for sale or sells, at retail, a
dangerous drug in accordance with Chapters 3719., 4715., 4723.,
4725., 4729., 4730., 4731., 4741., and 4772. of the Revised Code;

(iii)
Any of the persons identified in divisions (A)(1) to (5) and (18) of
section 4729.541 of the Revised Code, but only to the extent
specified in that section.

(b)
Division (E)(1)(c) of this section does not apply to any of the
following:

(i)
A licensed manufacturer, outsourcing facility, third-party logistics
provider, repackager, or wholesale distributor;

(ii)
Any of the persons identified in divisions (A)(6) to (16) of section
4729.541 of the Revised Code, but only to the extent specified in
that section.

(F)
No licensed terminal distributor of dangerous drugs or person that is
exempt from licensure under section 4729.541 of the Revised Code
shall purchase dangerous drugs or investigational drugs or products
from any person other than a licensed manufacturer, outsourcing
facility, third-party logistics provider, repackager, or wholesale
distributor, except as follows:

(1)
A licensed terminal distributor of dangerous drugs or person that is
exempt from licensure under section 4729.541 of the Revised Code may
make occasional purchases of dangerous drugs or investigational drugs
or products that are sold in accordance with division (A)(1) or (3)
of this section.

(2)
A licensed terminal distributor of dangerous drugs having more than
one licensed location may transfer or deliver dangerous drugs or
investigational drugs or products from one licensed location to
another licensed location if the license issued for each location is
in effect at the time of the transfer or delivery.

(G)
No licensed terminal distributor of dangerous drugs shall engage in
the retail sale or other distribution of dangerous drugs or
investigational drugs or products or maintain possession, custody, or
control of dangerous drugs or investigational drugs or products for
any purpose other than the distributor's personal use or consumption,
at any establishment or place other than that or those described in
the license issued by the state board of pharmacy to such terminal
distributor.

(H)
Nothing in this section shall be construed to interfere with the
performance of official duties by any law enforcement official
authorized by municipal, county, state, or federal law to collect
samples of any drug, regardless of its nature or in whose possession
it may be.

(I)
Notwithstanding anything to the contrary in this section, the board
of education of a city, local, exempted village, or joint vocational
school district may distribute epinephrine autoinjectors for use in
accordance with section 3313.7110 of the Revised Code, may distribute
inhalers for use in accordance with section 3313.7113 of the Revised
Code, and may distribute injectable or nasally administered glucagon
for use in accordance with section 3313.7115 of the Revised Code.

(J)
In accordance with Chapter 119. of the Revised Code, the board shall
adopt rules to implement and administer division (A)(3)(b) of this
section and may adopt rules to implement and administer division
(A)(3)(c) of this section.

Sec.
4729.52.
(A)
As used in this section:

(1)
"Category II" means any dangerous drug that is not included
in category III.

(2)
"Category III" means any controlled substance that is
contained in schedule I, II, III, IV, or V.

(3)
"Schedule I,""schedule II,""schedule
III,""schedule IV," and "schedule V" have
the same meanings as in section 3719.01 of the Revised Code.

(B)(1)(a)
The state board of pharmacy shall license persons seeking to operate
as any of the following, whether located within or outside this
state:

(i)
Wholesale distributors of dangerous drugs;

(ii)
Manufacturers of dangerous drugs;

(iii)
Outsourcing facilities;

(iv)
Third-party logistics providers;

(v)
Repackagers of dangerous drugs.

(b)
When the board issues a license to a person identified in division
(B)(1)(a) of this section, the license shall be issued according to
one of the following categories, as the case may be for the person's
business operations:

(i)
Category II license. A category II license applies to a person whose
business operations are located within this state. A person who
obtains this license may possess, have custody or control of, and
distribute only the dangerous drugs described in category II.

(ii)
Category III license. A category III license applies to a person
whose business operations are located within this state. A person who
obtains this license may possess, have custody or control of, and
distribute the dangerous drugs described in category II and the
controlled substances described in category III.

(iii)
Nonresident license. A nonresident license applies to a person whose
business operations are located outside this state. One of the
following subcategories shall be designated by the board on the
license, based on the license holder's business operations: wholesale
distributor of dangerous drugs, manufacturer of dangerous drugs,
outsourcing facility, third-party logistics provider, or repackager
of dangerous drugs. A person who obtains a nonresident license may
possess, have custody or control of, and distribute the dangerous
drugs described in category II and the controlled substances
described in category III.

(c)
The board may adopt rules
under
section 4729.26 of the Revised Code
in
accordance with Chapter 119. of the Revised Code
to
create classification types of any license issued pursuant to this
section. Persons who meet the definitions of the classification types
shall comply with all requirements for the specific license
classification specified in rule.

(C)
A person seeking a license issued under this section shall file with
the executive director of the board a verified application containing
such information as the board requires of the applicant relative to
the licensure qualifications set forth in section 4729.53 of the
Revised Code and the rules adopted under that section.

(D)(1)
The board shall issue a category II or category III license,
designated for a manufacturer, outsourcing facility, third-party
logistics provider, repackager, or wholesale distributor as the case
may be, to each applicant whose business operations are located
within this state, if the applicant pays the required license fee and
the board determines that the applicant meets the licensure
qualifications set forth in section 4729.53 of the Revised Code and
the rules adopted under that section.

(2)
The board shall issue a nonresident license with the appropriate
subcategory designation to an applicant whose business operations are
located outside this state, if the applicant pays the required
license fee and the board determines either of the following:

(a)
That the applicant possesses a current and valid manufacturer,
outsourcing facility, third-party logistics provider, repackager, or
wholesale distributor license, or its equivalent, issued by another
state in which that person's business operations are physically
located, but only if that state has qualifications for licensure
comparable to the licensure requirements in this state;

(b)
That the applicant meets the requirements set forth by the board for
issuance of a nonresident license, as verified by a state, federal,
or other entity recognized by the board to perform such verification.

(E)
All licenses issued or renewed pursuant to this section are effective
for a period specified by the board in rules adopted under
this

section

4729.26 of the Revised Code
.
The effective period for an initial or renewed license shall not
exceed twenty-four months unless the board extends the period in
rules to adjust license renewal schedules. A license shall be renewed
by the board pursuant to this section, the standard renewal procedure
of Chapter 4745. of the Revised Code, and rules adopted by the board
under
this

section

4729.26 of the Revised Code
.
A person seeking to renew a license shall submit an application for
renewal and pay the required renewal fee before the date specified in
the rules adopted by the board.

(F)
Each license issued under this section shall describe not more than
one establishment or place where the license holder may engage in the
activities authorized by the license. No license shall authorize or
permit the person named therein to engage in the sale or distribution
of drugs at wholesale or to maintain possession, custody, or control
of dangerous drugs for any purpose other than for the licensee's own
use and consumption at any establishment or place other than that
described in the license.

(G)(1)
The category II license fee is one thousand nine hundred dollars and
shall accompany each application for licensure. The license renewal
fee is one thousand nine hundred dollars and shall accompany each
renewal application.

(2)
The category III license fee is two thousand dollars and shall
accompany each application for licensure. The license renewal fee is
two thousand dollars and shall accompany each renewal application.

(3)
The nonresident license fee is two thousand dollars and shall
accompany each application for licensure. The license renewal fee is
two thousand dollars and shall accompany each renewal application.

(H)(1)
Subject to division (H)(2) of this section, a license issued pursuant
to this section that has not been renewed by the date specified in
rules adopted by the board may be reinstated upon payment of the
renewal fee and a penalty of three hundred dollars.

(2)
If a complete application for renewal has not been submitted by the
sixty-first day after the renewal date specified in rules adopted by
the board, the license is considered void and cannot be renewed, but
the license holder may reapply for licensure.

(I)
Renewal fees and penalties assessed under division (G) or (H) of this
section shall not be returned if the applicant fails to qualify for
renewal.

(J)
A person licensed pursuant to this section that fails to renew
licensure in accordance with this section and rules adopted by the
board is prohibited from engaging in manufacturing, repackaging, or
compounding drugs, or distributing drugs as a third-party logistics
provider or wholesale distributor, until a valid license is issued by
the board.

(K)
Holding a license issued pursuant to this section subjects the holder
and the holder's agents and employees to the jurisdiction of the
board and to the laws of this state for the purpose of the
enforcement of this chapter and the rules of the board. However, the
filing of an application for licensure under this section by or on
behalf of any person, or the issuance of a license pursuant to this
section to or on behalf of any person, shall not of itself constitute
evidence that the person is doing business within this state.

(L)
A person holding a license issued under this section shall designate,
and shall have available at all times, a person to serve for the
licensed location in a position to be known as "responsible
person." A person may be designated and serve as a responsible
person only if the person meets the requirements established in rules
the board shall adopt under
this

section

4729.26
of the Revised Code
.
Along with the license holder, a responsible person shall accept
responsibility for the operation of the licensed location in
accordance with all applicable state and federal laws and rules.

A
license holder shall notify the board of the person who is designated
to serve as the responsible person and, thereafter, shall notify the
board each time a change is made in the designation. Notice to the
board shall be provided in accordance with procedures established in
rules that the board shall adopt under
this

section

4729.26
of the Revised Code
.
For any change of responsible person, the board shall assess a fee of
fifteen dollars.

(M)
The board may enter into agreements with other states, federal
agencies, and other entities to exchange information concerning
licensing and inspection of any manufacturer, outsourcing facility,
third-party logistics provider, repackager, or wholesale distributor
located within or outside this state and to investigate alleged
violations of the laws and rules governing distribution of drugs by
such persons. Any information received pursuant to such an agreement
is subject to the same confidentiality requirements applicable to the
agency or entity from which it was received and shall not be released
without prior authorization from that agency or entity. Any
information received is also subject to section 4729.23 of the
Revised Code.

(N)
In accordance with Chapter 119. of the Revised Code, the board shall
adopt rules to implement and administer divisions (E) and (L) of this
section.

Sec.
4729.53.
(A)
The state board of pharmacy shall not license any person as a
manufacturer of dangerous drugs, outsourcing facility, third-party
logistics provider, repackager of dangerous drugs, or wholesale
distributor of dangerous drugs unless the applicant for licensure
furnishes satisfactory proof to the board that all of the following
conditions are met:

(1)
If the applicant has committed acts that the board finds violate any
federal, state, or local law, regulation, or rule relating to drug
samples, manufacturing, compounding, repackaging, wholesale or retail
drug distribution, or distribution of dangerous drugs, including
controlled substances, or if the applicant has committed acts that
the board finds constitute a felony, or if a federal, state, or local
governmental entity has suspended or revoked any current or prior
license of the applicant for the manufacture, compounding,
repackaging, distribution, or sale of any dangerous drugs, including
controlled substances, the applicant, to the satisfaction of the
board, assures that the applicant has in place adequate safeguards to
prevent the recurrence of any such violations, felonies, or license
suspensions or revocations.

(2)
The applicant's past experience in the manufacture, compounding,
repackaging, or distribution of dangerous drugs, including controlled
substances, is acceptable to the board.

(3)
The applicant is properly equipped as to land, buildings, equipment,
and personnel to properly carry on its business, including providing
adequate security for and proper storage conditions and handling for
dangerous drugs, and is complying with the requirements under this
chapter and the rules adopted pursuant thereto for maintaining and
making available records to properly identified board officials and
federal, state, and local law enforcement agencies.

(4)
Personnel employed by the applicant have the appropriate education or
experience, as determined by the board, to assume responsibility for
positions related to compliance with this chapter and the rules
adopted pursuant thereto.

(5)
The applicant has designated the name and address of a person to whom
communications from the board may be directed and upon whom the
notices and citations provided for in section 4729.56 of the Revised
Code may be served.

(6)
Adequate safeguards are assured to prevent the sale of dangerous
drugs other than in accordance with section 4729.51 of the Revised
Code.

(7)
With respect to criminal records checks, the applicant has done both
of the following, and the board has decided that the results of the
criminal records checks do not make the applicant ineligible for a
license issued pursuant to section 4729.52 of the Revised Code:

(a)
The applicant has complied with sections 4776.01 to 4776.04 of the
Revised Code.

(b)
The applicant has required each of the following to submit to a
criminal records check in accordance with section 4776.02 of the
Revised Code and send the results of the criminal records check
directly to the board:

(i)
Any person who is seeking to serve as the responsible person on the
license, as required by section 4729.52 of the Revised Code;

(2)
(ii)

Any person who has an ownership interest or who is a corporate
officer, as set forth in rules adopted under division (C) of this
section.

(8)
The applicant meets any other requirement or qualification the board,
by rule adopted under division (C) of this section, considers
relevant to and consistent with the public safety and health.

(B)
In addition to the causes described in section 4729.56 of the Revised
Code for refusing to grant or renew a license, the board may refuse
to grant or renew a license if the board determines that the granting
of the license or its renewal is not in the public interest.

(C)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code that do
all

both

of
the following:

(1)
For purposes of division (A)(7)(b) of this section, specify the
persons with ownership interests and the corporate officers who are
required to submit to criminal records checks;

(2)
For purposes of division (A)(8) of this section, specify other
requirements or qualifications, if any, that an applicant must meet
to receive a license
;

(3)
Address any other matter the board considers appropriate to implement
this section
.

Sec.
4729.531.
(A)
The state board of pharmacy may issue a limited license to an animal
shelter or county dog warden solely for the purpose of purchasing,
possessing, and administering drugs that are distributed in a
manufactured dosage form as described in section 4729.532 of the
Revised Code. Unless otherwise approved by the board, no such license
shall authorize or permit the distribution of these drugs to any
person other than the originating wholesale distributor of the drugs.
An application for licensure shall include the information the board
requires by rule under this section. If the application meets the
requirements of the rules adopted under this section, the board shall
issue the license.

(B)
The board, in accordance with Chapter 119. of the Revised Code, shall
adopt
any

rules

necessary
to administer and enforce this section. The rules shall
that

do

all

both

of
the following:

(1)
Require as a condition of licensure that an agent or employee of an
animal shelter or an agent or employee of a county dog warden, other
than a registered veterinary technician as defined in section 4741.01
of the Revised Code, has successfully completed a euthanasia
technician certification course described in section 4729.532 of the
Revised Code;

(2)
Specify the information the animal shelter or county dog warden must
provide the board for issuance or renewal of a license
;

(3)
Address any other matters the board considers necessary or
appropriate for the administration and enforcement of this section
.

Sec.
4729.54.
(A)
As used in this section:

(1)
"Category II" means any dangerous drug that is not included
in category III.

(2)
"Category III" means any controlled substance that is
contained in schedule I, II, III, IV, or V.

(3)
"Emergency medical service organization" has the same
meaning as in section 4765.01 of the Revised Code.

(4)
"Emergency medical service organization satellite" means a
location where dangerous drugs are stored that is separate from, but
associated with, the headquarters of an emergency medical service
organization. "Emergency medical service organization satellite"
does not include the units under the control of the emergency medical
service organization.

(5)
"Person" includes an emergency medical service organization
or an emergency medical service organization satellite.

(6)
"Schedule I," "schedule II," "schedule III,"
"schedule IV," and "schedule V" have the same
meanings as in section 3719.01 of the Revised Code.

(B)(1)
The state board of pharmacy shall license persons seeking to operate
as terminal distributors of dangerous drugs, whether located within
or outside this state.

A
person seeking to be licensed as a terminal distributor of dangerous
drugs shall file with the executive director of the board a verified
application. After it is filed, the application may not be withdrawn
without approval of the board.

(2)
An application shall contain all the following that apply in the
applicant's case:

(a)
Information that the board requires relative to the qualifications of
a terminal distributor of dangerous drugs set forth in section
4729.55 of the Revised Code;

(b)
A statement as to the category of licensure, identified under
division (E) of this section, that the person is seeking;

(c)
If the person is seeking to be licensed as a limited category II or
limited category III terminal distributor of dangerous drugs, a list
of the dangerous drugs described in category II or the controlled
substances described in category III that the person is seeking to
possess, have custody or control of, and distribute, which list shall
also specify the purpose for which those drugs will be used and their
source;

(d)
If the person is an emergency medical service organization, the
information that is specified in divisions (C)(1) and (2) of this
section, and if the person is an emergency medical service
organization satellite, the information required under division (D)
of this section;

(e)
Except with respect to the units under the control of an emergency
medical service organization, the identity of the one establishment
or place at which the person intends to engage in the sale or other
distribution of dangerous drugs at retail, and maintain possession,
custody, or control of dangerous drugs for purposes other than the
person's own use or consumption;

(f)
If the application pertains to a pain management clinic, information
that demonstrates, to the satisfaction of the board, compliance with
division (A) of section 4729.552 of the Revised Code.

(C)(1)
Each emergency medical service organization that applies for a
terminal distributor of dangerous drugs license shall submit with its
application all of the following:

(a)
A copy of its standing orders or protocol, which orders or protocol
shall be signed by a physician;

(b)
A list of the dangerous drugs that the units under its control may
carry, expressed in standard dose units, which shall be signed by a
physician;

(c)
A list of the personnel employed or used by the organization to
provide emergency medical services in accordance with Chapter 4765.
of the Revised Code.

In
accordance with Chapter 119. of the Revised Code, the board shall
adopt rules specifying when an emergency medical service organization
that is licensed as a terminal distributor must notify the board of
any changes in its documentation submitted pursuant to division
(C)(1) of this section.

(2)
An emergency medical service organization seeking to be licensed as a
terminal distributor of dangerous drugs shall list in its application
for licensure the following additional information:

(a)
The units under its control that the organization determines will
possess dangerous drugs for the purpose of administering emergency
medical services in accordance with Chapter 4765. of the Revised
Code;

(b)
With respect to each such unit, whether the dangerous drugs that the
organization determines the unit will possess are in category II or
III.

(3)
An emergency medical service organization that is licensed as a
terminal distributor of dangerous drugs shall file a new application
for such licensure if there is any change in the number or location
of any of its units or if there is any change in the category of the
dangerous drugs that any unit will possess.

(4)
A unit listed in an application for licensure pursuant to division
(C)(2) of this section may obtain the dangerous drugs it is
authorized to possess from its emergency medical service organization
or, on a replacement basis, from a hospital pharmacy. If units will
obtain dangerous drugs from a hospital pharmacy, the organization
shall file, and maintain in current form, the following items with
the pharmacist who is responsible for the hospital's terminal
distributor of dangerous drugs license:

(a)
A copy of its standing orders or protocol;

(b)
A list of the personnel employed or used by the organization to
provide emergency medical services in accordance with Chapter 4765.
of the Revised Code, who are authorized to possess the drugs, which
list also shall indicate the personnel who are authorized to
administer the drugs.

(D)
Each emergency medical service organization satellite that applies
for a terminal distributor of dangerous drugs license shall submit
with its application all of the information that the board requires
to be submitted with the application, as specified in rules the board
shall adopt in accordance with Chapter 119. of the Revised Code.

(E)
When the board issues a license to a person seeking to operate as a
terminal distributor of dangerous drugs, the board shall issue the
license according to one of the following categories, as the case may
be for the person's business operations:

(1)
Category II license. A category II license applies to a person whose
business operations are located within this state. A person who
obtains this license may possess, have custody or control of, and
distribute only the dangerous drugs described in category II.

(2)
Limited category II license. A limited category II license applies to
a person whose business operations are located within this state. A
person who obtains this license may possess, have custody or control
of, and distribute only the dangerous drugs described in category II
that were listed in the application for licensure.

(3)
Category III license, which may include a pain management clinic
classification issued under section 4729.552 of the Revised Code. A
category III license applies to a person whose business operations
are located within this state. A person who obtains this license may
possess, have custody or control of, and distribute the dangerous
drugs described in category II and category III. If the license
includes a pain management clinic classification, the person may
operate a pain management clinic.

(4)
Limited category III license. A limited category III license applies
to a person whose business operations are located within this state.
A person who obtains this license may possess, have custody or
control of, and distribute only the dangerous drugs described in
category II or the controlled substances described in category III
that were listed in the application for licensure.

(5)
Nonresident license. A nonresident license applies to a person whose
business operations are located outside this state. A person who
obtains a nonresident license may possess, have custody or control
of, and distribute the dangerous drugs described in category II and
the controlled substances described in category III.

(F)
Except for an application made by a county dog warden or on behalf of
an animal shelter, if an applicant for a limited category II license
or limited category III license intends to administer dangerous drugs
to a person or animal, the applicant shall submit, with the
application, a copy of its protocol or standing orders. The protocol
or orders shall be signed by a licensed health professional
authorized to prescribe drugs, specify the dangerous drugs to be
administered, and list personnel who are authorized to administer the
dangerous drugs in accordance with federal law or the law of this
state.

An
application made by a county dog warden or on behalf of an animal
shelter shall include a list of the dangerous drugs to be
administered to animals and the personnel who are authorized to
administer the drugs to animals in accordance with section 4729.532
of the Revised Code.

In
accordance with Chapter 119. of the Revised Code, the board shall
adopt rules specifying when a licensee must notify the board of any
changes in its documentation submitted pursuant to this division.

(G)(1)
Except as provided in division (G)(3) of this section, each applicant
for licensure as a terminal distributor of dangerous drugs shall
submit, with the application, a license fee in the amount that
applies to the category of licensure being sought. The amount
assessed shall not be returned to the applicant if the applicant
fails to qualify for the license.

(2)
The following fees apply under division (G)(1) of this section:

(a)
Except as provided in division (G)(2)(b) of this section:

(i)
Three hundred sixty dollars for a category II or limited category II
license;

(ii)
Four hundred sixty dollars for a category III license, including a
license with a pain management clinic classification issued under
section 4729.552 of the Revised Code, or a limited category III
license;

(iii)
Five hundred dollars for a nonresident license.

(b)
One hundred sixty dollars for all of the following whose business
operations are located within this state:

(i)
A person who is required to hold a license as a terminal distributor
of dangerous drugs pursuant to division (C) of section 4729.541 of
the Revised Code;

(ii)
A professional association, corporation, partnership, or limited
liability company organized for the purpose of practicing veterinary
medicine that is not included in division (G)(2)(b)(i) of this
section;

(iii)
An emergency medical service organization satellite.

(3)
No fee applies for a license issued to a charitable pharmacy, as
defined in section 3719.811 of the Revised Code, if the charitable
pharmacy is participating in the drug repository program established
under section 3715.87 of the Revised Code.

(H)(1)
The board shall issue a terminal distributor of dangerous drugs
license, in the appropriate category, to each person who submits an
application for such licensure in accordance with this section, pays
the required license fee, is determined by the board to meet the
requirements set forth in section 4729.55 of the Revised Code, and
satisfies any other applicable requirements of this section.

(2)
Except for the license of a county dog warden, the license shall
describe the one establishment or place at which the licensee may
engage in the sale or other distribution of dangerous drugs at retail
and maintain possession, custody, or control of dangerous drugs for
purposes other than the licensee's own use or consumption. The one
establishment or place shall be that which is identified in the
application for licensure.

No
such license shall authorize or permit the terminal distributor of
dangerous drugs named in it to engage in the sale or other
distribution of dangerous drugs at retail or to maintain possession,
custody, or control of dangerous drugs for any purpose other than the
distributor's own use or consumption, at any establishment or place
other than that described in the license, except that an agent or
employee of an animal shelter or county dog warden may possess and
use dangerous drugs in the course of business as provided in section
4729.532 of the Revised Code.

(3)
The license of an emergency medical service organization shall cover
the organization's headquarters and, in addition, shall cover and
describe all the units of the organization listed in its application
for licensure.

(I)(1)
All licenses issued or renewed pursuant to this section shall be
effective for a period specified by the board in rules adopted under

this

section

4729.26 of the Revised Code
.
The effective period for an initial or renewed license shall not
exceed twenty-four months unless the board extends the period in
rules to adjust license renewal schedules. A license shall be renewed
by the board according to the provisions of this section, the
standard renewal procedure of Chapter 4745. of the Revised Code, and
rules adopted by the board under
this

section

4729.26 of the Revised Code
.
A person seeking to renew a license shall submit an application for
renewal and pay the required fee on or before the date specified in
the rules adopted by the board. The fee required for the renewal of a
license shall be the same as the license fee that applies under
division (G)(2) of this section.

(2)(a)
Subject to division (I)(2)(b) of this section, a license that has not
been renewed by the date specified in rules adopted by the board may
be reinstated only upon payment of the required renewal fee and a
penalty fee of one hundred ten dollars.

(b)
If an application for renewal has not been submitted by the
sixty-first day after the renewal date specified in rules adopted by
the board, the license is considered void and cannot be renewed, but
the license holder may reapply for licensure.

(3)
A terminal distributor of dangerous drugs that fails to renew
licensure in accordance with this section and rules adopted by the
board is prohibited from engaging in the retail sale, possession, or
distribution of dangerous drugs until a valid license is issued by
the board.

(J)(1)
No emergency medical service organization that is licensed as a
terminal distributor of dangerous drugs shall fail to comply with
division (C)(1), (3), or (4) of this section.

(2)
No licensed terminal distributor of dangerous drugs shall possess,
have custody or control of, or distribute dangerous drugs that the
terminal distributor is not entitled to possess, have custody or
control of, or distribute by virtue of its category of licensure.

(3)
No licensee that is required by division (F) of this section to
notify the board of changes in its protocol or standing orders, or in
personnel, shall fail to comply with that division.

(K)
A person holding a license issued under this section shall designate,
and shall have available at all times, a person to serve for the
licensed location in a position to be known as "responsible
person." A person may be designated and serve as a responsible
person only if the person meets the requirements established in rules
that the board shall adopt under
this

section

4729.26 of the Revised Code
.
Along with the license holder, a responsible person shall accept
responsibility for the operation of the licensed location in
accordance with all applicable state and federal laws and rules.

A
license holder shall notify the board of the person who is designated
to serve as the responsible person and, thereafter, shall notify the
board each time a change is made in the designation. Notice to the
board shall be provided in accordance with procedures established in
rules that the board shall adopt under
this

section

4729.26 of the Revised Code
.
For any change of responsible person, the board shall assess a fee of
fifteen dollars.

(L)
The board may enter into agreements with other states, federal
agencies, and other entities to exchange information concerning
licensing and inspection of terminal distributors of dangerous drugs
located within or outside this state and to investigate alleged
violations of the laws and rules governing distribution of drugs by
terminal distributors. Any information received pursuant to such an
agreement is subject to the same confidentiality requirements
applicable to the agency or entity from which it was received and
shall not be released without prior authorization from that agency or
entity. Any information received is also subject to section 4729.23
of the Revised Code.

(M)
In accordance with Chapter 119. of the Revised Code, the board shall
adopt rules to implement and administer divisions (I)(1) and (K) of
this section.

Sec.
4729.552.
(A)
To be eligible to receive a license as a category III terminal
distributor of dangerous drugs with a pain management clinic
classification, an applicant shall submit evidence satisfactory to
the state board of pharmacy that the applicant's pain management
clinic will be operated in accordance with the requirements specified
in division (B) of this section and that the applicant meets any
other applicable requirements of this chapter.

If
the board determines that an applicant meets all of the requirements,
the board shall issue to the applicant a license as a category III
terminal distributor of dangerous drugs and specify on the license
that the terminal distributor is classified as a pain management
clinic.

(B)
The holder of a terminal distributor license with a pain management
clinic classification shall do all of the following:

(1)
Be in control of a facility that is owned and operated solely by one
or more physicians authorized under Chapter 4731. of the Revised Code
to practice medicine and surgery or osteopathic medicine and surgery;

(2)
Comply with the requirements for the operation of a pain management
clinic, as established by the state medical board in rules adopted
under section 4731.054 of the Revised Code;

(3)
Ensure that any person employed by the facility complies with the
requirements for the operation of a pain management clinic
established by the state medical board in rules adopted under section
4731.054 of the Revised Code;

(4)
Require any person with ownership of the facility to submit to a
criminal records check in accordance with section 4776.02 of the
Revised Code and send the results of the criminal records check
directly to the state board of pharmacy for review and decision under
section 4729.071 of the Revised Code;

(5)
Require all employees of the facility to submit to a criminal records
check in accordance with section 4776.02 of the Revised Code and
ensure that no person is employed who has previously been convicted
of, or pleaded guilty to, either of the following:

(a)
A theft offense, described in division (K)(3) of section 2913.01 of
the Revised Code, that would constitute a felony under the laws of
this state, any other state, or the United States;

(b)
A felony drug abuse offense, as defined in section 2925.01 of the
Revised Code.

(6)
Maintain a list of each person with ownership of the facility and
notify the state board of pharmacy of any change to that list.

(C)
No person shall operate a facility that under this chapter is subject
to licensure as a category III terminal distributor of dangerous
drugs with a pain management clinic classification without obtaining
and maintaining the license with the classification.

No
person who holds a category III license with a pain management clinic
classification shall fail to remain in compliance with the
requirements of division (B) of this section and any other applicable
requirements of this chapter.

(D)
The state board of pharmacy may impose a fine of not more than five
thousand dollars on a person who violates division (C) of this
section. A separate fine may be imposed for each day the violation
continues. In imposing the fine, the board's actions shall be taken
in accordance with Chapter 119. of the Revised Code.

(E)
The state board of pharmacy shall adopt rules as it considers
necessary to implement and administer this section. The rules shall
be adopted in accordance with Chapter 119. of the Revised Code.

Sec.
4729.554.
(A)
As used in this section:

(1)
"Remote dispensing pharmacy" means a pharmacy where the
dispensing of drugs, patient counseling, and other pharmacist care is
provided through a telepharmacy system. The dispensing of drugs at a
remote dispensing pharmacy may include the dispensing of drug therapy
related devices.

(2)
"Telepharmacy system" means a system that monitors the
dispensing of drugs and provides for related drug utilization review
and patient counseling services by an electronic method.

(B)
The state board of pharmacy shall regulate remote dispensing
pharmacies in accordance with this section. A remote dispensing
pharmacy may operate only by using a telepharmacy system that meets
standards established in rules adopted under this section and by
complying with all other requirements of this section and the rules
adopted under it for operating a remote dispensing pharmacy.

(C)(1)
To be eligible to operate as a remote dispensing pharmacy, a pharmacy
shall meet all of the following conditions:

(a)
Be licensed under this chapter as a terminal distributor of dangerous
drugs;

(b)
Be located in this state, in a building that is zoned for commercial
use, and in an area that meets the conditions of division (C)(2) of
this section;

(c)
Have a supervising pharmacy that meets the requirements of division
(D) of this section and a supervising pharmacist that meets the
requirements of division (E) of this section;

(d)
Be staffed by two or more pharmacy interns or certified pharmacy
technicians who meet qualifications and training requirements
established in rules adopted under this section.

(2)(a)
Except as provided in division (C)(2)(b) of this section, a remote
dispensing pharmacy shall not be located within a ten-mile radius of
a pharmacy that serves the public as an outpatient pharmacy.

(b)
A remote dispensing pharmacy may be located within the ten-mile
radius that constitutes an excluded area for location, as described
in division (C)(2)(a) of this section, if either of the following is
the case:

(i)
The remote dispensing pharmacy is part of a federally qualified
health center or federally qualified health center look-alike, as
defined in section 3701.047 of the Revised Code, and the remote
dispensing pharmacy is located on the same property as, or on a
campus contiguous to, the health center or look-alike.

(ii)
The board, based on a demonstration of need that meets the standards
established in rules adopted under this section, approves a request
submitted to the board to allow the remote dispensing pharmacy to be
located within the ten-mile radius.

(c)
As part of the process the board uses to consider requests received
under division (C)(2)(b)(ii) of this section, the board shall
establish a method by which persons may register to receive notice
from the board of requests received under that division. The board
also shall establish a system for accepting comments from the public
regarding the requests.

When
the board receives a request under division (C)(2)(b)(ii) of this
section, it shall electronically notify any person who has registered
to be notified. During the sixty-day period that begins on the date
that the board sends the electronic notices, a pharmacy may submit a
request to the board for approval as a location for operation of a
remote dispensing pharmacy.

On
the same date that the electronic notices are sent, the board shall
post notice on its internet web site that comments from the public
will be accepted regarding the request received under division
(C)(2)(b)(ii) of this section. The board shall accept the comments
only during the sixty-day period that begins on the date the
electronic notices are sent.

At
the board's next regularly scheduled meeting that occurs on or after
the date that is ninety days after the electronic notices are sent,
the board shall review all of the requests received and make its
determination of whether any should be approved. As part of the
board's determination, the board shall consider the following:

(i)
Any comments received from the public;

(ii)
The geographic proximity of a supervising pharmacy to a proposed
remote dispensing pharmacy;

(iii)
Any other standards specified in rules adopted under division (H) of
this section.

(D)(1)
To be eligible to serve as the supervising pharmacy of a remote
dispensing pharmacy, a pharmacy shall meet all of the following
conditions:

(a)
Be licensed under this chapter as a terminal distributor of dangerous
drugs;

(b)
Be physically located in this state;

(c)
Be under common ownership and control with the remote dispensing
pharmacy or, pursuant to a contract that meets requirements specified
in rules adopted under this section, operate under contract with the
remote dispensing pharmacy.

(2)
In serving as a supervising pharmacy, the supervising pharmacy shall
control the telepharmacy system used by the remote dispensing
pharmacy and shall employ or contract with the supervising pharmacist
of the remote dispensing pharmacy.

(E)(1)
To be eligible to serve as the supervising pharmacist of a remote
dispensing pharmacy, a pharmacist shall meet all of the following
conditions:

(a)
Be licensed under this chapter as a pharmacist;

(b)
Be physically located in this state when acting as the supervising
pharmacist;

(c)
Be employed by or under contract with the supervising pharmacy.

(2)
In serving as a supervising pharmacist, the supervising pharmacist
shall do all of the following:

(a)
Be in full and actual charge of the remote dispensing pharmacy by
using the pharmacy's telepharmacy system and by using a surveillance
system that meets standards established in rules adopted under this
section;

(b)
Through the telepharmacy system and surveillance system, oversee the
pharmacy interns and certified pharmacy technicians who are staffing
the remote dispensing pharmacy;

(c)
Verify each prescription and drug dispensed pursuant to the
prescription before the drug leaves the remote dispensing pharmacy
and provide the verification through visual review and the use of
barcoding and any other technology required in rules adopted under
this section;

(d)
Offer to provide the service of counseling for each drug dispensed
pursuant to a new prescription for a patient at the remote dispensing
pharmacy.

(3)
Unless otherwise approved by the board in accordance with standards
established in rules adopted under this section, a supervising
pharmacist shall not simultaneously oversee the activities of more
than one remote dispensing pharmacy.

(F)
All of the following apply to the operation of a remote dispensing
pharmacy:

(1)
Unless otherwise approved by the board, a remote dispensing pharmacy
shall not dispense drugs pursuant to more than an average of one
hundred fifty prescriptions per day during a ninety-day period.

(2)
A remote dispensing pharmacy shall implement a quality assurance plan
to ensure that there is a planned and systematic process for
monitoring and evaluating the quality and appropriateness of the
pharmacy services being provided and for identifying and resolving
problems.

(3)
A remote dispensing pharmacy that holds a category III terminal
distributor of dangerous drugs license shall maintain a perpetual
controlled substance inventory, as specified in rules adopted under
this section.

(G)
Notwithstanding section 4729.91 of the Revised Code or any other
section of this chapter to the contrary, both of the following apply
to a pharmacy intern or certified pharmacy technician staffing a
remote dispensing pharmacy:

(1)
The intern or technician may assist in the process of dispensing
drugs at the pharmacy.

(2)
The intern or technician shall not do any of the following:

(a)
Counsel an individual regarding drugs that are dispensed, recommend
drugs and drug therapy related devices or otherwise provide advice
regarding drug therapy, or assist with selecting drugs and drug
therapy related devices for treatment of common diseases and injuries
or assist with providing instruction on their use;

(b)
Perform compounding of sterile or nonsterile drugs, except for the
reconstitution of prepackaged dangerous drugs;

(c)
Engage in the repackaging of dangerous drugs;

(d)
Administer immunizations or perform diagnostic testing, unless a
pharmacist is onsite to provide direct supervision;

(e)
Perform any other activity prohibited by rules adopted under this
section.

(H)
The board shall adopt rules
for
purposes of its regulation of remote dispensing pharmacies. The rules
shall be adopted
in
accordance with Chapter 119. of the Revised Code
and
include
establishing

all
of the following

standards and procedures for the operation of remote dispensing
pharmacies
:

(1)
Standards for a system of continuous video surveillance and recording
of remote dispensing pharmacies, including standards for both of the
following:

(a)
An adequate number of views of the entire remote dispensing pharmacy
to ensure that the supervising pharmacist can maintain oversight;

(b)
Retention of each recording made by the system for at least sixty
days after the date of the recording.

(2)
Standards for telepharmacy systems and surveillance systems used by
remote dispensing pharmacies, supervising pharmacies, and supervising
pharmacists, including standards to ensure that the systems are
capable of all of the following:

(a)
Facilitating a safe and secured method for appropriate pharmacist
supervision;

(b)
Allowing an appropriate exchange of visual, verbal, and written
communications for patient counseling and other pharmacy services;

(c)
Being secure and compliant with the "Health Insurance
Portability and Accountability Act of 1996," 42 U.S.C. 1320d et
seq.

(3)
Requirements for any contract between a supervising pharmacy and a
remote dispensing pharmacy;

(4)
Standards that must be met to make a demonstration of need for
purposes of division (C)(2)(b)(ii) of this section;

(5)
Requirements for the implementation of a quality assurance plan by a
remote dispensing pharmacy;

(6)
The qualifications and training necessary for pharmacy interns and
certified pharmacy technicians who staff remote dispensing
pharmacies, including the number of experiential hours required;

(7)
Any additional activities that pharmacy interns and certified
pharmacy technicians staffing remote dispensing pharmacies are
prohibited from performing;

(8)
The number of pharmacy interns and certified pharmacy technicians
that a supervising pharmacist may supervise at any given time;

(9)
The maximum distance a supervising pharmacist may be physically
located from the remote dispensing pharmacy;

(10)
Standards for remote patient counseling by a supervising pharmacist,
including the counseling that is required to be offered for each drug
dispensed pursuant to a new prescription for a patient by the remote
dispensing pharmacy;

(11)
Standards for and frequency of inspection of a remote dispensing
pharmacy by the supervising pharmacist;

(12)
Requirements for the closure of a remote dispensing pharmacy if the
required telepharmacy system or surveillance system, or any related
security system used by or for the pharmacy, is malfunctioning;

(13)
Requirements related to perpetual controlled substance inventories;

(14)
Security requirements for remote dispensing pharmacies that include
methods for supervising pharmacists to determine who has accessed the
pharmacy;

(15)
Standards by which a supervising pharmacist may be approved by the
board to oversee simultaneously more than one remote dispensing
pharmacy;

(16)
Requirements for a remote dispensing pharmacy's responsible person,
as that term is defined in rules adopted by the board
;

(17)
Any other standards or procedures the board considers necessary to
implement this section
.

Sec.
4729.56.
(A)(1)
The state board of pharmacy, in accordance with Chapter 119. of the
Revised Code, may impose any one or more of the following sanctions
on a person licensed under section 4729.52 of the Revised Code for
any of the causes set forth in division (A)(2) of this section:

(a)
Suspend, revoke, restrict, limit, or refuse to grant or renew a
license;

(b)
Reprimand or place the license holder on probation;

(c)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense or two
thousand five hundred dollars if the acts committed are not
classified as an offense by the Revised Code
;
.

(2)
The board may impose the sanctions set forth in division (A)(1) of
this section for any of the following:

(a)
Making any false material statements in an application for licensure
under section 4729.52 of the Revised Code;

(b)
Violating any federal, state, or local drug law; any provision of
this chapter or Chapter 2925., 3715., or 3719. of the Revised Code;
or any rule of the board;

(c)
A conviction of a felony;

(d)
Failing to satisfy the qualifications for licensure under section
4729.53 of the Revised Code or the rules of the board or ceasing to
satisfy the qualifications after the registration is granted or
renewed;

(e)
Falsely or fraudulently promoting to the public a drug that is a
controlled substance included in schedule I, II, III, IV, or V,
except that nothing in this division prohibits a manufacturer,
outsourcing facility, third-party logistics provider, repackager, or
wholesale distributor of dangerous drugs from furnishing information
concerning a controlled substance to a health care provider or
licensed terminal distributor;

(f)
Violating any provision of the "Federal Food, Drug, and Cosmetic
Act," 52 Stat. 1040 (1938), 21 U.S.C. 301, or Chapter 3715. of
the Revised Code;

(g)
Any other cause for which the board may impose sanctions as set forth
in rules adopted under
this

section

4729.26 of the Revised Code
.

(B)
Upon the suspension or revocation of any license issued under section
4729.52 of the Revised Code, the licensee shall immediately surrender
the license to the board.

(C)
If the board suspends, revokes, or refuses to renew any license
issued under section 4729.52 of the Revised Code and determines that
there is clear and convincing evidence of a danger of immediate and
serious harm to any person, the board may place under seal all
dangerous drugs owned by or in the possession, custody, or control of
the affected licensee. Except as provided in this division, the board
shall not dispose of the dangerous drugs sealed under this division
until the licensee exhausts all of the licensee's appeal rights under
Chapter 119. of the Revised Code. The court involved in such an
appeal may order the board, during the pendency of the appeal, to
sell sealed dangerous drugs that are perishable. The board shall
deposit the proceeds of the sale with the court.

(D)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the license holder
does not make a timely request for a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(E)
Notwithstanding division (D)(2) of section 2953.32 or division (F)(1)
of section 2953.39 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or expunged under that
section the proceedings in the case must be deemed not to have
occurred, sealing or expungement of the following records on which
the board has based an action under this section shall have no effect
on the board's action or any sanction imposed by the board under this
section: records of any conviction, guilty plea, judicial finding of
guilt resulting from a plea of no contest, or a judicial finding of
eligibility for a pretrial diversion program or intervention in lieu
of conviction. The board is not required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing or
expungement of conviction records.

(F)
In accordance with Chapter 119. of the Revised Code, the board shall
adopt rules establishing causes for which the board may impose
sanctions on a license holder under division (A)(2)(g) of this
section.

Sec.
4729.57.
(A)
The state board of pharmacy may after notice and a hearing in
accordance with Chapter 119. of the Revised Code, impose any one or
more of the following sanctions on a terminal distributor of
dangerous drugs for any of the causes set forth in division (B) of
this section:

(1)
Suspend, revoke, restrict, limit, or refuse to grant or renew any
license;

(2)
Reprimand or place the license holder on probation;

(3)
Impose a monetary penalty or forfeiture not to exceed in severity any
fine designated under the Revised Code for a similar offense or one
thousand dollars if the acts committed have not been classified as an
offense by the Revised Code.

(B)
The board may impose the sanctions listed in division (A) of this
section for any of the following:

(1)
Making any false material statements in an application for a license
as a terminal distributor of dangerous drugs;

(2)
Violating any rule of the board;

(3)
Violating any provision of this chapter;

(4)
Except as provided in section 4729.89 of the Revised Code, violating
any provision of the "Federal Food, Drug, and Cosmetic Act,"
52 Stat. 1040 (1938), 21 U.S.C.A. 301, or Chapter 3715. of the
Revised Code;

(5)
Violating any provision of the federal drug abuse control laws or
Chapter 2925. or 3719. of the Revised Code;

(6)
Falsely or fraudulently promoting to the public a dangerous drug,
except that nothing in this division prohibits a terminal distributor
of dangerous drugs from furnishing information concerning a dangerous
drug to a health care provider or another licensed terminal
distributor;

(7)
Ceasing to satisfy the qualifications of a terminal distributor of
dangerous drugs set forth in section 4729.55 of the Revised Code;

(8)
Except as provided in division (C) of this section:

(a)
Waiving the payment of all or any part of a deductible or copayment
that an individual, pursuant to a health insurance or health care
policy, contract, or plan that covers the services provided by a
terminal distributor of dangerous drugs, would otherwise be required
to pay for the services if the waiver is used as an enticement to a
patient or group of patients to receive pharmacy services from that
terminal distributor;

(b)
Advertising that the terminal distributor will waive the payment of
all or any part of a deductible or copayment that an individual,
pursuant to a health insurance or health care policy, contract, or
plan that covers the pharmaceutical services, would otherwise be
required to pay for the services.

(9)
Conviction of a felony;

(10)
Any other cause for which the board may impose discipline as set
forth in rules adopted under
this

section

4729.26 of the Revised Code
.

(C)
Sanctions shall not be imposed under division (B)(8) of this section
against any terminal distributor of dangerous drugs that waives
deductibles and copayments as follows:

(1)
In compliance with a health benefit plan that expressly allows such a
practice. Waiver of the deductibles or copayments shall be made only
with the full knowledge and consent of the plan purchaser, payer, and
third-party administrator. Documentation of the consent shall be made
available to the board on request.

(2)
For professional services rendered to any other person licensed
pursuant to this chapter to the extent allowed by this chapter and
the rules of the board.

(D)(1)
Upon the suspension or revocation of a license issued to a terminal
distributor of dangerous drugs or the refusal by the board to renew
such a license, the distributor shall immediately surrender the
license to the board.

(2)(a)
The board may place under seal all dangerous drugs that are owned by
or in the possession, custody, or control of a terminal distributor
at the time the license is suspended or revoked or at the time the
board refuses to renew the license. Except as provided in division
(D)(2)(b) of this section, dangerous drugs so sealed shall not be
disposed of until appeal rights under Chapter 119. of the Revised
Code have expired or an appeal filed pursuant to that chapter has
been determined.

(b)
The court involved in an appeal filed pursuant to Chapter 119. of the
Revised Code may order the board, during the pendency of the appeal,
to sell sealed dangerous drugs that are perishable. The proceeds of
such a sale shall be deposited with that court.

(E)
If the board is required under Chapter 119. of the Revised Code to
give notice of an opportunity for a hearing and the license holder
does not make a timely request for a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt a final order that contains the board's
findings. In the final order, the board may impose any of the
sanctions listed in division (A) of this section.

(F)
Notwithstanding division (D)(2) of section 2953.32 or division (F)(1)
of section 2953.39 of the Revised Code specifying that if records
pertaining to a criminal case are sealed or expunged under that
section the proceedings in the case must be deemed not to have
occurred, sealing or expungement of the following records on which
the board has based an action under this section shall have no effect
on the board's action or any sanction imposed by the board under this
section: records of any conviction, guilty plea, judicial finding of
guilt resulting from a plea of no contest, or a judicial finding of
eligibility for a pretrial diversion program or intervention in lieu
of conviction. The board is not required to seal, destroy, redact, or
otherwise modify its records to reflect the court's sealing or
expungement of conviction records.

(G)
In accordance with Chapter 119. of the Revised Code, the board shall
adopt rules establishing causes for which the board may impose
sanctions on a license holder as described in division (B)(10) of
this section.

Sec.
4729.62.
If
a person licensed under section 4729.52 or 4729.54 of the Revised
Code ceases to engage in the activities for which the license was
issued, the person shall notify the state board of pharmacy of such
fact and shall surrender such license to the board within a time
frame specified by the board in rules adopted under
this

section

4729.26 of the Revised Code
;
provided, that on dissolution of a partnership by death, the
surviving partner may operate under a license issued to the
partnership until expiration, revocation, or suspension of such
license, and the heirs or legal representatives of deceased persons,
and receivers and trustees in bankruptcy appointed by any competent
authority, may operate under the license issued to the persons
succeeded in possession by such heir, representative, receiver, or
trustee in bankruptcy until expiration, revocation, or suspension of
such license.

The
board shall adopt rules in accordance with Chapter 119. of the
Revised Code specifying the time frame within which a license shall
be surrendered under this section.

Sec.
4729.69.
(A)(1)
The state board of pharmacy, in collaboration with the director of
mental health and addiction services and attorney general, shall
establish and administer a drug take-back program under which drugs
are collected from the community by participating entities for the
purpose of destruction or disposal of the drugs.

(2)
Each of the following may participate in the program:

(a)
A law enforcement agency;

(b)
Any registrant authorized by the federal drug enforcement
administration to be a collector pursuant to 21 C.F.R. 1317.40;

(c)
Any other entity specified by the board in rule.

(B)
The program shall be established and administered in such a manner
that it does both of the following:

(1)
Complies with any state or federal laws regarding the collection,
destruction, or disposal of drugs;

(2)
Maintains the confidentiality of individuals who submit or otherwise
provide drugs under the program.

(C)
In consultation with the director of mental health and addiction
services and attorney general, the board shall adopt rules governing
the program. The rules shall be adopted in accordance with Chapter
119. of the Revised Code. In adopting the rules, the board shall
specify all of the following:

(1)
The entities that may participate;

(2)
Guidelines and responsibilities for accepting drugs by participating
entities;

(3)
Drugs that may be collected;

(4)
Record-keeping requirements;

(5)
Proper methods to destroy unused drugs;

(6)
Privacy protocols and security standards;

(7)
Drug transportation procedures;

(8)
The schedule, duration, and frequency of the collections of drugs
;

(9)
Any other standards and procedures the board considers necessary for
purposes of governing the program
.

(D)
In accordance with state and federal law, the board may adopt rules
to allow an entity participating in the program to return any unused
drugs to the pharmacy that originally dispensed the drug. The rules
shall include procedures to be followed to maintain the
confidentiality of the person for whom the drug was dispensed.

(E)
Rules adopted under this section may not do any of the following:

(1)
Require any entity to establish, fund, or operate a drug take-back
program;

(2)
Establish any new licensing requirement or fee to participate in the
program;

(3)
Require any entity to compile data on drugs collected;

(4)
Limit the authority of an entity to collect controlled substances in
accordance with federal law.

(F)
The board may compile data on the amount and type of drugs collected
under the program. For purposes of this division, the board may
cooperate with a public or private entity in obtaining assistance in
the compilation of data. An entity providing the assistance shall not
be reimbursed under the program for any costs incurred in providing
the assistance.

(G)
If the board compiles data under division (F) of this section, the
board shall submit a report to the governor and, in accordance with
section 101.68 of the Revised Code, the general assembly. The report,
to the extent possible, shall include the total weight of drugs
collected.

(H)
No entity is required to participate in a drug take-back program
established under this section, and no entity shall be subject to
civil liability or professional disciplinary action for declining to
participate.

(I)
The board may accept grants, gifts, or donations for purposes of the
program. Money received under this division shall be deposited into
the drug take-back program fund established under section 109.90 of
the Revised Code.

(J)
An ordinance, resolution, or other law that is adopted by a municipal
corporation or other political subdivision on or after
the
effective date of this amendment
March
22, 2019,
and
regulates the collection of drugs for destruction or disposal shall
comply with division (E) of this section.

Sec.
4729.70.
(A)
As used in this section, "cryogenic vessel" means an
insulated metal container in the form of a cylinder or other design
used to hold gases that have been liquefied by extreme reductions in
temperature.

(B)
The state board of pharmacy shall establish and implement a medical
gases safety program to ensure that cryogenic vessels containing
medical gases meet the requirements of this section and are properly
handled. The program applies only to cryogenic vessels that are
portable and contain medical gases in a volume intended for use in
administering direct treatment to one or more individuals. The
program does not apply to cylinders or containers of other designs
that contain medical gases that are only compressed.

(C)
Each cryogenic vessel subject to this section shall meet the
following requirements:

(1)
The vessel shall be properly labeled according to the medical gas
contained in the vessel.

(2)
The vessel shall be color coded as follows:

(a)
Air - yellow;

(b)
Carbon dioxide - gray;

(c)
Cyclopropane - orange;

(d)
Helium - brown;

(e)
Nitrogen - black;

(f)
Nitrous oxide - blue;

(g)
Oxygen - green.

The
colors specified in this division shall not be used for any medical
gas other than those specified in this division.

(3)
The color coding specified in division (C)(2) of this section shall
be applied to the vessel by doing either of the following:

(a)
Applying the appropriate color to the top six inches of the body of
the vessel;

(b)
Affixing a wrap to the vessel that encircles the vessel completely,
has the identity of the contained gas printed completely or
continuously around the wrap, and uses the appropriate color as the
print or background for the identity of the gas.

(4)
The vessel shall not have previously contained a gas that is not a
medical gas.

(5)
When the vessel is being reused for a medical gas other than the
medical gas it previously contained, new labeling and color coding
shall be applied to the vessel and all old labeling and color coding
shall be completely removed.

(6)
The connector between the vessel and the valve through which the
medical gas is delivered shall be either of the following:

(a)
A threaded or socket connection that is silver brazed or welded to
the valve;

(b)
A permanent and integral part of the valve.

(D)
No person shall remove a connector between a cryogenic vessel subject
to this section and the valve through which the medical gas is
delivered from the vessel, replace the connector with another
connector, or attach an adapter to the vessel or connector unless the
person meets standards established by the board in rules adopted
under this section. A person who violates this division is guilty of
tampering with drugs pursuant to section 2925.24 of the Revised Code.

(E)
All employees who are responsible for installing or changing the
cryogenic vessels subject to this section shall be trained in the
proper handling of medical gases and cryogenic vessels, including
training in understanding the labeling of the vessels and recognizing
the color coding required by this section.

(F)
The board shall adopt rules

to implement the medical gases safety program established pursuant to
this section. The rules shall be adopted
,

in
accordance with Chapter 119. of the Revised Code
.

The
board's rules shall specify
,
specifying
standards
and procedures to be followed in ensuring that the individuals who
modify existing cryogenic vessels for purposes of bringing the
vessels into compliance with this section are qualified individuals.
The board's standards for being considered qualified shall include
requirements for knowledge in proper safety precautions concerning
medical gases, cryogenic vessels that contain medical gases, and
devices through which medical gases are delivered from cryogenic
vessels.

Sec.
4729.84.
For
purposes of establishing and maintaining a drug database pursuant to
section 4729.75 of the Revised Code, the state board of pharmacy
shall adopt rules in accordance with Chapter 119. of the Revised Code

to
carry out and enforce sections 4729.75 to 4729.83 of the Revised
Code. The rules shall specify
specifying

all
of the following:

(A)
A means of identifying each patient, each terminal distributor of
dangerous drugs, each purchase at wholesale of dangerous drugs, and
each retail dispensary licensed under Chapter 3796. of the Revised
Code about which information is entered into the drug database;

(B)
Requirements for the transmission of information from terminal
distributors of dangerous drugs, manufacturers of dangerous drugs,
outsourcing facilities, repackagers of dangerous drugs, wholesale
distributors of dangerous drugs, prescribers, and retail
dispensaries;

(C)
An electronic format for the submission of information from persons
identified in division (B) of this section;

(D)
A procedure whereby a person unable to submit information
electronically may obtain a waiver to submit information in another
format;

(E)
A procedure whereby the board may grant a request from a law
enforcement agency or a government entity responsible for the
licensure, regulation, or discipline of licensed health professionals
authorized to prescribe drugs that information that has been stored
for three years be retained when the information pertains to an open
investigation being conducted by the agency or entity;

(F)
A procedure whereby a person identified in division (B) of this
section may apply for an extension to the time by which information
must be transmitted to the board;

(G)
A procedure whereby a person or government entity to which the board
is authorized to provide information may submit a request to the
board for the information and the board may verify the identity of
the requestor;

(H)
Standards for determining what information is appropriate to be
provided under division (A)(21) of section 4729.80 of the Revised
Code;

(I)
A procedure whereby the board can use the database request records
required by division (B) of section 4729.80 of the Revised Code to
document and report statistics and law enforcement outcomes;

(J)
A procedure whereby an individual may request the individual's own
database information and the board may verify the identity of the
requestor;

(K)
A reasonable fee that the board may charge under section 4729.83 of
the Revised Code for providing an individual with the individual's
own database information pursuant to section 4729.80 of the Revised
Code;

(L)
The other specific dangerous drugs that, in addition to controlled
substances, must be included in the database;

(M)
The types of pharmacies licensed as terminal distributors of
dangerous drugs that are required to submit prescription information
to the board pursuant to section 4729.77 of the Revised Code;

(N)
Additional data fields, recognized by the American society for
automation in pharmacy, that licensed terminal distributors of
dangerous drugs must submit to the board pursuant to section 4729.77
of the Revised Code;

(O)
The information regarding medical marijuana dispensed to a patient
that a retail dispensary is required to submit to the board pursuant
to section 4729.771 of the Revised Code;

(P)
Requirements for the transmission of information pursuant to section
4729.772 of the Revised Code and requirements for the release of such
information by the board.

Sec.
4729.94.
The
state board of pharmacy shall adopt rules
under
section 4729.26 of the Revised Code
governing
registration of registered pharmacy technicians, certified pharmacy
technicians, and pharmacy technician trainees. The rules shall
include all of the following:

(A)
Application and renewal forms and procedures;

(B)
Reapplication forms and procedures for individuals whose registration
has lapsed more than ninety days;

(C)
Education and training requirements, requirements for
employer-administered training programs, and other requirements
considered appropriate by the board;

(D)
Additional activities permitted by divisions (A)(7) and (B)(4) of
section 4729.91 of the Revised Code;

(E)
Requirements for sterile and non-sterile drug compounding;

(F)
Continuing education requirements;

(G)
Conduct that constitutes dishonesty or unprofessional conduct by a
registered pharmacy technician, certified pharmacy technician, or
pharmacy technician trainee;

(H)
Additional conduct for which the board may impose discipline under
section 4729.96 of the Revised Code on a registered pharmacy
technician, certified pharmacy technician, or pharmacy technician
trainee
;

(I)
Any other rules the board considers appropriate to implement sections
4729.90 to 4729.96 of the Revised Code
.

Sec.
4730.141.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as a physician assistant and who retires
voluntarily from practice may request that the state medical board
place the individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as a
physician assistant;

(c)
That the applicant does not hold an active registration with the
federal drug enforcement administration;

(d)
That the applicant does not have any criminal charges pending against
the applicant;

(e)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(f)
That the applicant does not have any complaints pending with the
board;

(g)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4730.14 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a physician
assistant under any circumstance.

(2)
The license holder is not required to complete the continuing
education described in sections 4730.14 and 4730.49 of the Revised
Code.

(3)
The license holder is prohibited from using the license to obtain a
license to practice as a physician assistant in another state,
whether by endorsement or reciprocity or through a licensure compact.

(4)
The license holder may use a title authorized for the holder's
license, but only if "retired" also is included in the
title.

(5)
In the case of a license holder who was issued a prescriber number by
the board as part of the holder's physician-delegated prescriptive
authority, the number, like the license, is placed on retired status.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4730.28 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements that must be met for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4730.14 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a physician
assistant in another state, or uses a title that does not reflect the
holder's retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4730.25
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4730.39.
(A)
The state medical board shall adopt rules governing
physician-delegated prescriptive authority for physician assistants.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

(B)
The board's rules governing physician-delegated prescriptive
authority shall establish all of the following:

(1)
Requirements regarding the pharmacology courses that a physician
assistant is required to complete;

(2)
A specific prohibition against prescribing any drug or device to
perform or induce an abortion;

(3)
Standards and procedures to be followed by a physician assistant in
personally furnishing samples of drugs or complete or partial
supplies of drugs to patients under section 4730.43 of the Revised
Code
;

(4)
Any other requirements the board considers necessary to implement the
provisions of this chapter regarding physician-delegated prescriptive
authority
.

Sec.
4730.49.
(A)
To be eligible for renewal of a license to practice as a physician
assistant, an applicant who has been granted physician-delegated
prescriptive authority is subject to both of the following:

(1)
The applicant shall complete every two years at least twelve hours of
continuing education in pharmacology obtained through a program or
course approved by the state medical board or a person the board has
authorized to approve continuing pharmacology education programs and
courses. Except as provided in section 5903.12 of the Revised Code,
the continuing education shall be completed not later than the date
on which the applicant's license expires.

(2)(a)
Except as provided in division (A)(2)(b) of this section, in the case
of an applicant who prescribes opioid analgesics or benzodiazepines,
as defined in section 3719.01 of the Revised Code, the applicant
shall certify to the board whether the applicant has been granted
access to the drug database established and maintained by the state
board of pharmacy pursuant to section 4729.75 of the Revised Code.

(b)
The requirement described in division (A)(2)(a) of this section does
not apply if any of the following is the case:

(i)
The state board of pharmacy notifies the state medical board pursuant
to section 4729.861 of the Revised Code that the applicant has been
restricted from obtaining further information from the drug database.

(ii)
The state board of pharmacy no longer maintains the drug database.

(iii)
The applicant does not practice as a physician assistant in this
state.

(c)
If an applicant certifies to the state medical board that the
applicant has been granted access to the drug database and the board
finds through an audit or other means that the applicant has not been
granted access, the board may take action under section 4730.25 of
the Revised Code.

(B)
The state medical board shall provide for pro rata reductions by
month of the number of hours of continuing education in pharmacology
that is required to be completed for physician assistants who have
been disabled due to illness or accident or have been absent from the
country. The board shall adopt rules, in accordance with Chapter 119.
of the Revised Code,
as
necessary
to
implement this division.

(C)
The continuing education required by this section is in addition to
the continuing education required under section 4730.14 of the
Revised Code.

(D)
If the board chooses to authorize persons to approve continuing
pharmacology education programs and courses, it shall establish
standards for granting that authority and grant the authority in
accordance with the standards.

Sec.
4731.05.
(A)

The
state medical board shall adopt rules in accordance with Chapter 119.
of the Revised Code to carry out the purposes of this chapter.

All adjudicative proceedings of the state medical board shall be
conducted in accordance with Chapter 119. of the Revised Code.

(B)
The state medical board shall appoint an executive director who shall
be in the unclassified service of the state. The board may appoint
other employees of the board as are necessary and shall prescribe
their titles and duties.

(C)
The state medical board shall develop requirements for and provide
appropriate initial and continuing training for investigators
employed by the board to carry out its duties under Chapter 4731. of
the Revised Code. The training and continuing education may include
enrollment in courses operated or approved by the Ohio peace officer
training commission that the board considers appropriate under
conditions set forth in section 109.79 of the Revised Code.

(D)(1)
The state medical board shall adopt internal management rules
pursuant to section 111.15 of the Revised Code. The rules shall set
forth criteria for assessing the board's accomplishments, activities,
and performance data, including metrics detailing the board's
revenues and reimbursements; budget distribution; investigation and
licensing activity, including issuance of licenses and processing
time frames; and enforcement data, including processing time frames.
The board shall include the assessment in the annual report required
by section 149.01 of the Revised Code.

(2)
The state medical board shall cause the internal management rules and
annual report described in division (D)(1) of this section to be
publicly accessible on the state medical board's web site.

Sec.
4731.053.
(A)
As used in this section, "physician" means an individual
authorized by this chapter to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery.

(B)
The state medical board shall adopt rules that establish standards to
be met and procedures to be followed by a physician with respect to
the physician's delegation of the performance of a medical task to a
person who is not licensed or otherwise specifically authorized by
the Revised Code to perform the task. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code and shall include a
coroner's investigator among the individuals who are competent to
recite the facts of a deceased person's medical condition to a
physician so that the physician may pronounce the person dead without
personally examining the body.

(C)
To the extent that delegation applies to the administration of drugs,
the rules adopted under this section shall provide for all of the
following:

(1)
On-site supervision when the delegation occurs in an institution or
other facility that is used primarily for the purpose of providing
health care, unless the board establishes a specific exception to the
on-site supervision requirement with respect to routine
administration of a topical drug, such as the use of a medicated
shampoo;

(2)
Evaluation of whether delegation is appropriate according to the
acuity of the patient involved;

(3)
Training and competency requirements that must be met by the person
administering the drugs
;

(4)
Other standards and procedures the board considers relevant
.

(D)
The board shall not adopt rules that do any of the following:

(1)
Authorize a physician to transfer the physician's responsibility for
supervising a person who is performing a delegated medical task to a
health professional other than another physician;

(2)
Authorize an individual to whom a medical task is delegated to
delegate the performance of that task to another individual;

(3)
Except as provided in divisions (D)(4) to (7) of this section,
authorize a physician to delegate the administration of anesthesia,
controlled substances, drugs administered intravenously, or any other
drug or category of drug the board considers to be inappropriate for
delegation;

(4)
Prevent an individual from engaging in an activity performed for a
child with a disability as a service needed to meet the educational
needs of the child, as identified in the individualized education
program developed for the child under Chapter 3323. of the Revised
Code;

(5)
Conflict with any provision of the Revised Code that specifically
authorizes an individual to perform a particular task;

(6)
Conflict with any rule adopted pursuant to the Revised Code that is
in effect on April 10, 2001, as long as the rule remains in effect,
specifically authorizing an individual to perform a particular task;

(7)
Prohibit a perfusionist from administering drugs intravenously while
practicing as a perfusionist;

(8)
Authorize a physician assistant, anesthesiologist assistant, or any
other professional regulated by the board to delegate tasks pursuant
to this section.

Sec.
4731.151.
(A)
Naprapaths who received a certificate to practice from the state
medical board prior to March 2, 1992, may continue to practice
naprapathy, as defined in rules adopted by the board

under this section
.
Such naprapaths shall practice in accordance with
those

rules

adopted by the board
.

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

(a)
"Mechanotherapy" means all of the following:

(i)
Examining patients by verbal inquiry;

(ii)
Examination of the musculoskeletal system by hand;

(iii)
Visual inspection and observation;

(iv)
Diagnosing a patient's condition only as to whether the patient has a
disorder of the musculoskeletal system;

(v)
In the treatment of patients, employing the techniques of advised or
supervised exercise; electrical neuromuscular stimulation; massage or
manipulation; or air, water, heat, cold, sound, or infrared ray
therapy only to those disorders of the musculoskeletal system that
are amenable to treatment by such techniques and that are
identifiable by examination performed in accordance with division
(B)(1)(a)(i) of this section and diagnosable in accordance with
division (B)(1)(a)(ii) of this section.

(b)
"Educational requirements" means the completion of a course
of study appropriate for certification to practice mechanotherapy on
or before November 3, 1985, as determined by rules adopted under this

chapter
section
.

(2)
Mechanotherapists who received a certificate to practice from the
board prior to March 2, 1992, may continue to practice
mechanotherapy, as defined in rules adopted by the board

under this section
.
Such mechanotherapists shall practice in accordance with
those

rules

adopted by the board
.

A
person authorized by this division to practice as a mechanotherapist
may examine, diagnose, and assume responsibility for the care of
patients with due regard for first aid and the hygienic and
nutritional care of the patients. Roentgen rays shall be used by a
mechanotherapist only for diagnostic purposes.

(3)
A person who holds a certificate to practice mechanotherapy and
completed educational requirements in mechanotherapy on or before
November 3, 1985, is entitled to use the title "doctor of
mechanotherapy" and is a "physician" who performs
"medical services" for the purposes of Chapters 4121. and
4123. of the Revised Code and the medicaid program, and shall receive
payment or reimbursement as provided under those chapters and that
program.

(C)
Chapter 4796. of the Revised Code does not apply to a certificate to
practice naprapathy or mechanotherapy issued under this section.

(D)
In accordance with Chapter 119. of the Revised Code, the state
medical board shall adopt rules to define the practice of naprapathy,
as described in division (A) of this section and the practice of
mechanotherapy, as described in division (B)(2) of this section.

Sec.
4731.16.
(A)
The state medical board shall determine the standing of the schools,
colleges, or institutions giving instruction in the limited branch of
medicine of massage therapy.

(B)
The board may administer an examination of competency to practice the
limited branch of medicine of massage therapy. If it administers an
examination, the board shall establish by rule a fee to cover the
cost of administering the examination.

If
it does not administer an examination, the board shall
,
in accordance with Chapter 119. of the Revised Code,

adopt rules under
this

section

4731.05
of the Revised Code
that
specify both of the following:

(1)
An examination acceptable to the board as an examination of
competency to practice the limited branch of medicine of massage
therapy;

(2)
The score that constitutes evidence of passing the examination.

Sec.
4731.19.
(A)
Except as provided in division (E) of this section, a person seeking
a license to practice the limited branch of medicine of massage
therapy shall file with the state medical board an application in a
manner prescribed by the board. The application shall include or be
accompanied by all of the following:

(1)
Evidence that the applicant is at least eighteen years of age;

(2)
Evidence that the applicant has attained high school graduation or
its equivalent;

(3)
Evidence that the applicant holds one of the following:

(a)
A diploma or certificate from a school, college, or institution in
good standing as determined by the board in accordance with rules
adopted under
this

section

4731.05 of the Revised Code
,
showing the completion of a course of instruction in massage therapy
of at least six hundred clock hours.

(b)
A diploma or certificate from a school, college, or institution in
another state or jurisdiction meeting standards determined by the
board through rules adopted under
this

section

4731.05
of the Revised Code
,
that require the completion of a course of instruction in massage
therapy of at least six hundred clock hours.

(4)
Evidence that the applicant has successfully passed an examination,
prescribed in rules described in section 4731.16 of the Revised Code,
to determine competency to practice massage therapy;

(5)
An attestation that the information submitted under this section is
accurate and truthful and that the applicant consents to release of
information;

(6)
Any other information the board requires.

(B)
An applicant for a license to practice massage therapy shall comply
with the requirements of section 4731.171 of the Revised Code.

(C)
At the time of making application for a license to practice massage
therapy, the applicant shall pay to the board a fee of one hundred
fifty dollars, no part of which shall be returned. No application
shall be considered filed until the board receives the appropriate
fee.

(D)
The board may investigate the application materials received under
this section and contact any agency or organization for
recommendations or other information about the applicant.

(E)
The board shall issue a certificate to practice a limited branch of
medicine in accordance with Chapter 4796. of the Revised Code to an
applicant if either of the following applies:

(1)
The applicant holds a license or certificate in another state.

(2)
As described in that chapter, the applicant has satisfactory work
experience in practicing, or a government certification or private
certification to practice, a limited branch of medicine in a state
that does not issue that license or certificate.

(F)
In accordance with Chapter 119. of the Revised Code, the board shall
adopt rules establishing standards and procedures for determining
each of the following:

(1)
Whether a school, college, or institution is in good standing as
described in division (A)(3)(a) of this section;

(2)
Whether a school, college, or institution in another state or
jurisdiction meets standards as described in division (A)(3)(b) of
this section.

Sec.
4731.22.
(A)
The state medical board, by an affirmative vote of not fewer than six
of its members, may limit, revoke, or suspend a license or
certificate to practice or certificate to recommend, refuse to grant
a license or certificate, refuse to renew a license or certificate,
refuse to reinstate a license or certificate, or reprimand or place
on probation the holder of a license or certificate if the individual
applying for or holding the license or certificate is found by the
board to have committed fraud during the administration of the
examination for a license or certificate to practice or to have
committed fraud, misrepresentation, or deception in applying for,
renewing, or securing any license or certificate to practice or
certificate to recommend issued by the board.

(B)
Except as provided in division (P) of this section, the board, by an
affirmative vote of not fewer than six members, shall, to the extent
permitted by law, limit, revoke, or suspend a license or certificate
to practice or certificate to recommend, refuse to issue a license or
certificate, refuse to renew a license or certificate, refuse to
reinstate a license or certificate, or reprimand or place on
probation the holder of a license or certificate for one or more of
the following reasons:

(1)
Permitting one's name or one's license or certificate to practice to
be used by a person, group, or corporation when the individual
concerned is not actually directing the treatment given;

(2)
Failure to maintain minimal standards applicable to the selection or
administration of drugs, or failure to employ acceptable scientific
methods in the selection of drugs or other modalities for treatment
of disease;

(3)
Except as provided in section 4731.97 of the Revised Code, selling,
giving away, personally furnishing, prescribing, or administering
drugs for other than legal and legitimate therapeutic purposes or a
plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction of, a
violation of any federal or state law regulating the possession,
distribution, or use of any drug;

(4)
Willfully betraying a professional confidence.

For
purposes of this division, "willfully betraying a professional
confidence" does not include providing any information,
documents, or reports under sections 307.621 to 307.629 of the
Revised Code to a child fatality review board; does not include
providing any information, documents, or reports under sections
307.631 to 307.6410 of the Revised Code to a drug overdose fatality
review committee, a suicide fatality review committee, or hybrid drug
overdose fatality and suicide fatality review committee; does not
include providing any information, documents, or reports under
sections 307.651 to 307.659 of the Revised Code to a domestic
violence fatality review board; does not include providing any
information, documents, or reports to the director of health pursuant
to guidelines established under section 3701.70 of the Revised Code;
does not include written notice to a mental health professional under
section 4731.62 of the Revised Code; does not include making a report
as described in division (F) of section 2921.22 and section 4731.224
of the Revised Code; and does not include the making of a report of
an employee's use of a drug of abuse, or a report of a condition of
an employee other than one involving the use of a drug of abuse, to
the employer of the employee as described in division (B) of section
2305.33 of the Revised Code. Nothing in this division affects the
immunity from civil liability conferred by section 2305.33 or 4731.62
of the Revised Code upon a physician who makes a report in accordance
with section 2305.33 or notifies a mental health professional in
accordance with section 4731.62 of the Revised Code. As used in this
division, "employee," "employer," and "physician"
have the same meanings as in section 2305.33 of the Revised Code.

(5)
Making a false, fraudulent, deceptive, or misleading statement in the
solicitation of or advertising for patients; in relation to the
practice of medicine and surgery, osteopathic medicine and surgery,
podiatric medicine and surgery, or a limited branch of medicine; or
in securing or attempting to secure any license or certificate to
practice issued by the board.

As
used in this division, "false, fraudulent, deceptive, or
misleading statement" means a statement that includes a
misrepresentation of fact, is likely to mislead or deceive because of
a failure to disclose material facts, is intended or is likely to
create false or unjustified expectations of favorable results, or
includes representations or implications that in reasonable
probability will cause an ordinarily prudent person to misunderstand
or be deceived.

(6)
A departure from, or the failure to conform to, minimal standards of
care of similar practitioners under the same or similar
circumstances, whether or not actual injury to a patient is
established;

(7)
Representing, with the purpose of obtaining compensation or other
advantage as personal gain or for any other person, that an incurable
disease or injury, or other incurable condition, can be permanently
cured;

(8)
The obtaining of, or attempting to obtain, money or anything of value
by fraudulent misrepresentations in the course of practice;

(9)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
felony;

(10)
Commission of an act that constitutes a felony in this state,
regardless of the jurisdiction in which the act was committed;

(11)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor committed in the course of practice;

(12)
Commission of an act in the course of practice that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(13)
A plea of guilty to, a judicial finding of guilt of, or a judicial
finding of eligibility for intervention in lieu of conviction for, a
misdemeanor involving moral turpitude;

(14)
Commission of an act involving moral turpitude that constitutes a
misdemeanor in this state, regardless of the jurisdiction in which
the act was committed;

(15)
Violation of the conditions of limitation placed by the board upon a
license or certificate to practice;

(16)
Failure to pay license renewal fees specified in this chapter;

(17)
Except as authorized in section 4731.31 of the Revised Code, engaging
in the division of fees for referral of patients, or the receiving of
a thing of value in return for a specific referral of a patient to
utilize a particular service or business;

(18)
Subject to section 4731.226 of the Revised Code, violation of any
provision of a code of ethics of the American medical association,
the American osteopathic association, the American podiatric medical
association, or any other national professional organizations that
the board specifies by rule. The state medical board shall obtain and
keep on file current copies of the codes of ethics of the various
national professional organizations. The individual whose license or
certificate is being suspended or revoked shall not be found to have
violated any provision of a code of ethics of an organization not
appropriate to the individual's profession.

For
purposes of this division, a "provision of a code of ethics of a
national professional organization" does not include any
provision that would preclude the making of a report by a physician
of an employee's use of a drug of abuse, or of a condition of an
employee other than one involving the use of a drug of abuse, to the
employer of the employee as described in division (B) of section
2305.33 of the Revised Code. Nothing in this division affects the
immunity from civil liability conferred by that section upon a
physician who makes either type of report in accordance with division
(B) of that section. As used in this division, "employee,"
"employer," and "physician" have the same
meanings as in section 2305.33 of the Revised Code.

(19)
Inability to practice according to acceptable and prevailing
standards of care by reason of mental illness or physical illness,
including, but not limited to, physical deterioration that adversely
affects cognitive, motor, or perceptive skills.

In
enforcing this division, the board, upon a showing of a possible
violation, shall refer any individual who is authorized to practice
by this chapter or who has submitted an application pursuant to this
chapter to the monitoring organization that conducts the confidential
monitoring program established under section 4731.25 of the Revised
Code. The board also may compel the individual to submit to a mental
examination, physical examination, including an HIV test, or both a
mental and a physical examination. The expense of the examination is
the responsibility of the individual compelled to be examined.
Failure to submit to a mental or physical examination or consent to
an HIV test ordered by the board constitutes an admission of the
allegations against the individual unless the failure is due to
circumstances beyond the individual's control, and a default and
final order may be entered without the taking of testimony or
presentation of evidence. If the board finds an individual unable to
practice because of the reasons set forth in this division, the board
shall require the individual to submit to care, counseling, or
treatment by physicians approved or designated by the board, as a
condition for initial, continued, reinstated, or renewed authority to
practice. An individual affected under this division shall be
afforded an opportunity to demonstrate to the board the ability to
resume practice in compliance with acceptable and prevailing
standards under the provisions of the individual's license or
certificate. For the purpose of this division, any individual who
applies for or receives a license or certificate to practice under
this chapter accepts the privilege of practicing in this state and,
by so doing, shall be deemed to have given consent to submit to a
mental or physical examination when directed to do so in writing by
the board, and to have waived all objections to the admissibility of
testimony or examination reports that constitute a privileged
communication.

(20)
Except as provided in division (F)(1)(b) of section 4731.282 of the
Revised Code or when civil penalties are imposed under section
4731.225 of the Revised Code, and subject to section 4731.226 of the
Revised Code, violating or attempting to violate, directly or
indirectly, or assisting in or abetting the violation of, or
conspiring to violate, any provisions of this chapter or any rule
promulgated by the board.

This
division does not apply to a violation or attempted violation of,
assisting in or abetting the violation of, or a conspiracy to
violate, any provision of this chapter or any rule adopted by the
board that would preclude the making of a report by a physician of an
employee's use of a drug of abuse, or of a condition of an employee
other than one involving the use of a drug of abuse, to the employer
of the employee as described in division (B) of section 2305.33 of
the Revised Code. Nothing in this division affects the immunity from
civil liability conferred by that section upon a physician who makes
either type of report in accordance with division (B) of that
section. As used in this division, "employee," "employer,"
and "physician" have the same meanings as in section
2305.33 of the Revised Code.

(21)
The violation of section 3701.79 of the Revised Code or of any
abortion rule adopted by the director of health pursuant to section
3701.341 of the Revised Code;

(22)
Any of the following actions taken by an agency responsible for
authorizing, certifying, or regulating an individual to practice a
health care occupation or provide health care services in this state
or another jurisdiction, for any reason other than the nonpayment of
fees: the limitation, revocation, or suspension of an individual's
license to practice; acceptance of an individual's license surrender;
denial of a license; refusal to renew or reinstate a license;
imposition of probation; or issuance of an order of censure or other
reprimand;

(23)
The violation of section 2919.12 of the Revised Code or the
performance or inducement of an abortion upon a pregnant woman with
actual knowledge that the conditions specified in division (B) of
section 2317.56 of the Revised Code have not been satisfied or with a
heedless indifference as to whether those conditions have been
satisfied, unless an affirmative defense as specified in division
(H)(2) of that section would apply in a civil action authorized by
division (H)(1) of that section;

(24)
The revocation, suspension, restriction, reduction, or termination of
clinical privileges by the United States department of defense or
department of veterans affairs or the termination or suspension of a
certificate of registration to prescribe drugs by the drug
enforcement administration of the United States department of
justice;

(25)
Termination or suspension from participation in the medicare or
medicaid programs by the department of health and human services or
other responsible agency;

(26)
Impairment of ability to practice according to acceptable and
prevailing standards of care because of substance use disorder or
excessive use or abuse of drugs, alcohol, or other substances that
may impair ability to practice.

For
the purposes of this division, any individual authorized to practice
by this chapter accepts the privilege of practicing in this state
subject to supervision by the board. By filing an application for or
holding a license or certificate to practice under this chapter, an
individual shall be deemed to have given consent to submit to a
mental or physical examination when ordered to do so by the board in
writing, and to have waived all objections to the admissibility of
testimony or examination reports that constitute privileged
communications.

If
it has reason to believe that any individual authorized to practice
by this chapter or any applicant for licensure or certification to
practice suffers such impairment, the board shall refer the
individual to the monitoring organization that conducts the
confidential monitoring program established under section 4731.25 of
the Revised Code. The board also may compel the individual to submit
to a mental or physical examination, or both. The expense of the
examination is the responsibility of the individual compelled to be
examined. Any mental or physical examination required under this
division shall be undertaken by a treatment provider or physician who
is qualified to conduct the examination and who is approved under
section 4731.251 of the Revised Code.

Failure
to submit to a mental or physical examination ordered by the board
constitutes an admission of the allegations against the individual
unless the failure is due to circumstances beyond the individual's
control, and a default and final order may be entered without the
taking of testimony or presentation of evidence. If the board
determines that the individual's ability to practice is impaired, the
board shall suspend the individual's license or certificate or deny
the individual's application and shall require the individual, as a
condition for initial, continued, reinstated, or renewed licensure or
certification to practice, to submit to treatment.

Before
being eligible to apply for reinstatement of a license or certificate
suspended under this division, the impaired practitioner shall
demonstrate to the board the ability to resume practice in compliance
with acceptable and prevailing standards of care under the provisions
of the practitioner's license or certificate. The demonstration shall
include, but shall not be limited to, the following:

(a)
Certification from a treatment provider approved under section
4731.251 of the Revised Code that the individual has successfully
completed any required inpatient treatment;

(b)
Evidence of continuing full compliance with an aftercare contract or
consent agreement;

(c)
Two written reports indicating that the individual's ability to
practice has been assessed and that the individual has been found
capable of practicing according to acceptable and prevailing
standards of care. The reports shall be made by individuals or
providers approved by the board for making the assessments and shall
describe the basis for their determination.

The
board may reinstate a license or certificate suspended under this
division after that demonstration and after the individual has
entered into a written consent agreement.

When
the impaired practitioner resumes practice, the board shall require
continued monitoring of the individual. The monitoring shall include,
but not be limited to, compliance with the written consent agreement
entered into before reinstatement or with conditions imposed by board
order after a hearing, and, upon termination of the consent
agreement, submission to the board for at least two years of annual
written progress reports made under penalty of perjury stating
whether the individual has maintained sobriety.

(27)
A second or subsequent violation of section 4731.66 or 4731.69 of the
Revised Code;

(28)
Except as provided in division (N) of this section:

(a)
Waiving the payment of all or any part of a deductible or copayment
that a patient, pursuant to a health insurance or health care policy,
contract, or plan that covers the individual's services, otherwise
would be required to pay if the waiver is used as an enticement to a
patient or group of patients to receive health care services from
that individual;

(b)
Advertising that the individual will waive the payment of all or any
part of a deductible or copayment that a patient, pursuant to a
health insurance or health care policy, contract, or plan that covers
the individual's services, otherwise would be required to pay.

(29)
Failure to use universal blood and body fluid precautions established
by rules adopted under section 4731.051 of the Revised Code;

(30)
Failure to provide notice to, and receive acknowledgment of the
notice from, a patient when required by section 4731.143 of the
Revised Code prior to providing nonemergency professional services,
or failure to maintain that notice in the patient's medical record;

(31)
Failure of a physician supervising a physician assistant to maintain
supervision in accordance with the requirements of Chapter 4730. of
the Revised Code

and the rules adopted under that chapter
;

(32)
Failure of a physician or podiatrist to enter into a standard care
arrangement with a clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner with whom the
physician or podiatrist is in collaboration pursuant to section
4731.27 of the Revised Code or failure to fulfill the
responsibilities of collaboration after entering into a standard care
arrangement;

(33)
Failure to comply with the terms of a consult agreement entered into
with a pharmacist pursuant to section 4729.39 of the Revised Code;

(34)
Failure to cooperate in an investigation conducted by the board under
division (F) of this section, including failure to comply with a
subpoena or order issued by the board or failure to answer truthfully
a question presented by the board in an investigative interview, an
investigative office conference, at a deposition, or in written
interrogatories, except that failure to cooperate with an
investigation shall not constitute grounds for discipline under this
section if a court of competent jurisdiction has issued an order that
either quashes a subpoena or permits the individual to withhold the
testimony or evidence in issue;

(35)
Failure to supervise an anesthesiologist assistant in accordance with
Chapter 4760. of the Revised Code

and the board's rules for supervision of an anesthesiologist
assistant
;

(36)
Assisting suicide, as defined in section 3795.01 of the Revised Code;

(37)
Failure to comply with the requirements of section 2317.561 of the
Revised Code;

(38)
Failure to supervise a radiologist assistant in accordance with
Chapter 4774. of the Revised Code

and the board's rules for supervision of radiologist assistants
;

(39)
Performing or inducing an abortion at an office or facility with
knowledge that the office or facility fails to post the notice
required under section 3701.791 of the Revised Code;

(40)
Failure to comply with the standards and procedures established in
rules under section 4731.054 of the Revised Code for the operation of
or the provision of care at a pain management clinic;

(41)
Failure to comply with the standards and procedures established in
rules under section 4731.054 of the Revised Code for providing
supervision, direction, and control of individuals at a pain
management clinic;

(42)
Failure to comply with the requirements of section 4729.79 or
4731.055 of the Revised Code, unless the state board of pharmacy no
longer maintains a drug database pursuant to section 4729.75 of the
Revised Code;

(43)
Failure to comply with the requirements of section 2919.171,
2919.202, or 2919.203 of the Revised Code or failure to submit to the
department of health in accordance with a court order a complete
report as described in section 2919.171 or 2919.202 of the Revised
Code;

(44)
Practicing at a facility that is subject to licensure as a category
III terminal distributor of dangerous drugs with a pain management
clinic classification unless the person operating the facility has
obtained and maintains the license with the classification;

(45)
Owning a facility that is subject to licensure as a category III
terminal distributor of dangerous drugs with a pain management clinic
classification unless the facility is licensed with the
classification;

(46)
Failure to comply with any of the requirements regarding making or
maintaining medical records or documents described in division (A) of
section 2919.192, division (C) of section 2919.193, division (B) of
section 2919.195, or division (A) of section 2919.196 of the Revised
Code;

(47)
Failure to comply with the requirements in section 3719.061 of the
Revised Code before issuing for a minor a prescription for an opioid
analgesic, as defined in section 3719.01 of the Revised Code;

(48)
Failure to comply with the requirements of section 4731.30 of the
Revised Code or rules adopted under section 4731.301 of the Revised
Code when recommending treatment with medical marijuana;

(49)
A pattern of continuous or repeated violations of division (E)(2) or
(3) of section 3963.02 of the Revised Code;

(50)
Failure to fulfill the responsibilities of a collaboration agreement
entered into with an athletic trainer as described in section
4755.621 of the Revised Code;

(51)
Failure to take the steps specified in section 4731.911 of the
Revised Code following an abortion or attempted abortion in an
ambulatory surgical facility or other location that is not a hospital
when a child is born alive;

(52)
Violation of section 4731.77 of the Revised Code;

(53)
Failure of a physician supervising a certified mental health
assistant to maintain supervision in accordance with the requirements
of Chapter 4772. of the Revised Code

and the rules adopted under that chapter
;

(54)
Failure to comply with the requirements of section 3705.16 of the
Revised Code when certifying a decedent's cause of death and
completing and signing the medical certificate of death.

(C)
Disciplinary actions taken by the board under divisions (A) and (B)
of this section shall be taken pursuant to an adjudication under
Chapter 119. of the Revised Code, except that in lieu of an
adjudication, the board may enter into a consent agreement with an
individual to resolve an allegation of a violation of this chapter or
any rule adopted under it. A consent agreement, when ratified by an
affirmative vote of not fewer than six members of the board, shall
constitute the findings and order of the board with respect to the
matter addressed in the agreement. If the board refuses to ratify a
consent agreement, the admissions and findings contained in the
consent agreement shall be of no force or effect.

A
telephone conference call may be utilized for ratification of a
consent agreement that revokes or suspends an individual's license or
certificate to practice or certificate to recommend. The telephone
conference call shall be considered a special meeting under division
(F) of section 121.22 of the Revised Code.

If
the board takes disciplinary action against an individual under
division (B) of this section for a second or subsequent plea of
guilty to, or judicial finding of guilt of, a violation of section
2919.123 or 2919.124 of the Revised Code, the disciplinary action
shall consist of a suspension of the individual's license or
certificate to practice for a period of at least one year or, if
determined appropriate by the board, a more serious sanction
involving the individual's license or certificate to practice. Any
consent agreement entered into under this division with an individual
that pertains to a second or subsequent plea of guilty to, or
judicial finding of guilt of, a violation of that section shall
provide for a suspension of the individual's license or certificate
to practice for a period of at least one year or, if determined
appropriate by the board, a more serious sanction involving the
individual's license or certificate to practice.

(D)
For purposes of divisions (B)(10), (12), and (14) of this section,
the commission of the act may be established by a finding by the
board, pursuant to an adjudication under Chapter 119. of the Revised
Code, that the individual committed the act. The board does not have
jurisdiction under those divisions if the trial court renders a final
judgment in the individual's favor and that judgment is based upon an
adjudication on the merits. The board has jurisdiction under those
divisions if the trial court issues an order of dismissal upon
technical or procedural grounds.

(E)
The sealing or expungement of conviction records by any court shall
have no effect upon a prior board order entered under this section or
upon the board's jurisdiction to take action under this section if,
based upon a plea of guilty, a judicial finding of guilt, or a
judicial finding of eligibility for intervention in lieu of
conviction, the board issued a notice of opportunity for a hearing
prior to the court's order to seal or expunge the records. The board
shall not be required to seal, expunge, destroy, redact, or otherwise
modify its records to reflect the court's sealing of conviction
records.

(F)(1)
The board shall investigate evidence that appears to show that a
person has violated any provision of this chapter or any rule adopted
under it. Any person may report to the board in a signed writing any
information that the person may have that appears to show a violation
of any provision of this chapter or any rule adopted under it. In the
absence of bad faith, any person who reports information of that
nature or who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or testimony.
Each complaint or allegation of a violation received by the board
shall be assigned a case number and shall be recorded by the board.

(2)
Investigations of alleged violations of this chapter or any rule
adopted under it shall be supervised by the supervising member
elected by the board in accordance with section 4731.02 of the
Revised Code and by the secretary as provided in section 4731.39 of
the Revised Code. The president may designate another member of the
board to supervise the investigation in place of the supervising
member. Upon a vote of the majority of the board to authorize the
addition of a consumer member in the supervision of any part of any
investigation, the president shall designate a consumer member for
supervision of investigations as determined by the president. The
authorization of consumer member participation in investigation
supervision may be rescinded by a majority vote of the board. No
member of the board who supervises the investigation of a case shall
participate in further adjudication of the case.

(3)
In investigating a possible violation of this chapter or any rule
adopted under this chapter, or in conducting an inspection under
division (E) of section 4731.054 of the Revised Code, the board may
question witnesses, conduct interviews, administer oaths, order the
taking of depositions, inspect and copy any books, accounts, papers,
records, or documents, issue subpoenas, and compel the attendance of
witnesses and production of books, accounts, papers, records,
documents, and testimony, except that a subpoena for patient record
information shall not be issued without consultation with the
attorney general's office and approval of the secretary of the board.

(a)
Before issuance of a subpoena for patient record information, the
secretary shall determine whether there is probable cause to believe
that the complaint filed alleges a violation of this chapter or any
rule adopted under it and that the records sought are relevant to the
alleged violation and material to the investigation. The subpoena may
apply only to records that cover a reasonable period of time
surrounding the alleged violation.

(b)
On failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move
for an order compelling the production of persons or records pursuant
to the Rules of Civil Procedure.

(c)
A subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee or agent designated by the
board. Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual place
of residence, usual place of business, or address on file with the
board. When serving a subpoena to an applicant for or the holder of a
license or certificate issued under this chapter, service of the
subpoena may be made by certified mail, return receipt requested, and
the subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. If the person being
served refuses to accept the subpoena or is not located, service may
be made to an attorney who notifies the board that the attorney is
representing the person.

(d)
A sheriff's deputy who serves a subpoena shall receive the same fees
as a sheriff. Each witness who appears before the board in obedience
to a subpoena shall receive the fees and mileage provided for under
section 119.094 of the Revised Code.

(4)
All hearings, investigations, and inspections of the board shall be
considered civil actions for the purposes of section 2305.252 of the
Revised Code.

(5)
A report required to be submitted to the board under this chapter, a
complaint, or information received by the board pursuant to an
investigation or pursuant to an inspection under division (E) of
section 4731.054 of the Revised Code is confidential and not subject
to discovery in any civil action.

The
board shall conduct all investigations or inspections and proceedings
in a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make public
the names or any other identifying information about patients or
complainants unless proper consent is given or, in the case of a
patient, a waiver of the patient privilege exists under division (B)
of section 2317.02 of the Revised Code, except that consent or a
waiver of that nature is not required if the board possesses reliable
and substantial evidence that no bona fide physician-patient
relationship exists.

The
board may share any information it receives pursuant to an
investigation or inspection, including patient records and patient
record information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised Code
or procedure of the agency or board that applies when it is dealing
with other information in its possession. In a judicial proceeding,
the information may be admitted into evidence only in accordance with
the Rules of Evidence, but the court shall require that appropriate
measures are taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other
identifying information about patients or complainants whose
confidentiality was protected by the state medical board when the
information was in the board's possession. Measures to ensure
confidentiality that may be taken by the court include sealing its
records or deleting specific information from its records.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(6)
On a quarterly basis, the board shall prepare a report that documents
the disposition of all cases during the preceding three months. The
report shall contain the following information for each case with
which the board has completed its activities:

(a)
The case number assigned to the complaint or alleged violation;

(b)
The type of license or certificate to practice, if any, held by the
individual against whom the complaint is directed;

(c)
A description of the allegations contained in the complaint;

(d)
Whether witnesses were interviewed;

(e)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(f)
The disposition of the case.

The
report shall state how many cases are still pending and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report shall be a public record under
section 149.43 of the Revised Code.

(7)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

(G)(1)
If either of the following circumstances occur, the secretary and
supervising member may recommend that the board suspend an
individual's license or certificate to practice or certificate to
recommend without a prior hearing:

(a)
The secretary and supervising member determine both of the following:

(i)
That there is clear and convincing evidence that an individual has
violated division (B) of this section;

(ii)
That the individual's continued practice presents a danger of
immediate and serious harm to the public.

(b)
The board receives verifiable information that a licensee has been
charged in any state or federal court with a crime classified as a
felony under the charging court's law and the conduct constitutes a
violation of division (B) of this section.

(2)
If a recommendation is made to suspend without a prior hearing
pursuant to division (G)(1) of this section, written allegations
shall be prepared for consideration by the board. The board, upon
review of those allegations and by an affirmative vote of not fewer
than six of its members, excluding the secretary and supervising
member, may suspend a license or certificate without a prior hearing.
A telephone conference call may be utilized for reviewing the
allegations and taking the vote on the summary suspension.

The
board shall serve a written order of suspension in accordance with
sections 119.05 and 119.07 of the Revised Code. If the individual
subject to the summary suspension requests an adjudicatory hearing by
the board, the date set for the hearing shall be within fifteen days,
but not earlier than seven days, after the individual requests the
hearing, unless otherwise agreed to by both the board and the
individual.

(3)
Any summary suspension imposed under division (G)(2) of this section
is not a final appealable order and is not an adjudication that may
be appealed under section 119.12 of the Revised Code. The summary
suspension shall remain in effect until a final adjudicative order
issued by the board pursuant to this section and Chapter 119. of the
Revised Code becomes effective. Once a final adjudicative order has
been issued by the board, any party adversely affected by it may file
an appeal in accordance with the requirements of Chapter 119. of the
Revised Code.

The
board shall issue its final adjudicative order within seventy-five
days after completion of its hearing. A failure to issue the order
within seventy-five days shall result in dissolution of the summary
suspension order but shall not invalidate any subsequent, final
adjudicative order.

(H)
If the board takes action under division (B)(9), (11), or (13) of
this section and the judicial finding of guilt, guilty plea, or
judicial finding of eligibility for intervention in lieu of
conviction is overturned on appeal, upon exhaustion of the criminal
appeal, a petition for reconsideration of the order may be filed with
the board along with appropriate court documents. Upon receipt of a
petition of that nature and supporting court documents, the board
shall reinstate the individual's license or certificate to practice.
The board may then hold an adjudication under Chapter 119. of the
Revised Code to determine whether the individual committed the act in
question. Notice of an opportunity for a hearing shall be given in
accordance with Chapter 119. of the Revised Code. If the board finds,
pursuant to an adjudication held under this division, that the
individual committed the act or if no hearing is requested, the board
may order any of the sanctions identified under division (B) of this
section.

(I)
The license or certificate to practice issued to an individual under
this chapter and the individual's practice in this state are
automatically suspended as of the date of the individual's second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123 or 2919.124 of the Revised Code. In
addition, the license or certificate to practice or certificate to
recommend issued to an individual under this chapter and the
individual's practice in this state are automatically suspended as of
the date the individual pleads guilty to, is found by a judge or jury
to be guilty of, or is subject to a judicial finding of eligibility
for intervention in lieu of conviction in this state or treatment or
intervention in lieu of conviction in another jurisdiction for any of
the following criminal offenses in this state or a substantially
equivalent criminal offense in another jurisdiction: aggravated
murder, murder, voluntary manslaughter, felonious assault,
trafficking in persons, kidnapping, rape, sexual battery, gross
sexual imposition, aggravated arson, aggravated robbery, or
aggravated burglary. Continued practice after suspension shall be
considered practicing without a license or certificate.

The
board shall notify the individual subject to the suspension in
accordance with sections 119.05 and 119.07 of the Revised Code. If an
individual whose license or certificate is automatically suspended
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board shall
do whichever of the following is applicable:

(1)
If the automatic suspension under this division is for a second or
subsequent plea of guilty to, or judicial finding of guilt of, a
violation of section 2919.123 or 2919.124 of the Revised Code, the
board shall enter an order suspending the individual's license or
certificate to practice for a period of at least one year or, if
determined appropriate by the board, imposing a more serious sanction
involving the individual's license or certificate to practice.

(2)
In all circumstances in which division (I)(1) of this section does
not apply, enter a final order permanently revoking the individual's
license or certificate to practice.

(J)
If the board is required by Chapter 119. of the Revised Code to give
notice of an opportunity for a hearing and if the individual subject
to the notice does not timely request a hearing in accordance with
section 119.07 of the Revised Code, the board is not required to hold
a hearing, but may adopt, by an affirmative vote of not fewer than
six of its members, a final order that contains the board's findings.
In that final order, the board may order any of the sanctions
identified under division (A) or (B) of this section.

(K)
Any action taken by the board under division (B) of this section
resulting in a suspension from practice shall be accompanied by a
written statement of the conditions under which the individual's
license or certificate to practice may be reinstated. The board shall
adopt rules governing conditions to be imposed for reinstatement.
Reinstatement of a license or certificate suspended pursuant to
division (B) of this section requires an affirmative vote of not
fewer than six members of the board.

(L)
When the board refuses to grant or issue a license or certificate to
practice to an applicant, revokes an individual's license or
certificate to practice, refuses to renew an individual's license or
certificate to practice, or refuses to reinstate an individual's
license or certificate to practice, the board may specify that its
action is permanent. An individual subject to a permanent action
taken by the board is forever thereafter ineligible to hold a license
or certificate to practice and the board shall not accept an
application for reinstatement of the license or certificate or for
issuance of a new license or certificate.

(M)
Notwithstanding any other provision of the Revised Code, all of the
following apply:

(1)
The surrender of a license or certificate issued under this chapter
shall not be effective unless or until accepted by the board. A
telephone conference call may be utilized for acceptance of the
surrender of an individual's license or certificate to practice. The
telephone conference call shall be considered a special meeting under
division (F) of section 121.22 of the Revised Code. Reinstatement of
a license or certificate surrendered to the board requires an
affirmative vote of not fewer than six members of the board.

(2)
An application for a license or certificate made under the provisions
of this chapter may not be withdrawn without approval of the board.

(3)
Failure by an individual to renew a license or certificate to
practice in accordance with this chapter or a certificate to
recommend in accordance with rules adopted under section 4731.301 of
the Revised Code does not remove or limit the board's jurisdiction to
take any disciplinary action under this section against the
individual.

(4)
The placement of an individual's license on retired status, as
described in section 4731.283 of the Revised Code, does not remove or
limit the board's jurisdiction to take any disciplinary action
against the individual with regard to the license as it existed
before being placed on retired status.

(5)
At the request of the board, a license or certificate holder shall
immediately surrender to the board a license or certificate that the
board has suspended, revoked, or permanently revoked.

(N)
Sanctions shall not be imposed under division (B)(28) of this section
against any person who waives deductibles and copayments as follows:

(1)
In compliance with the health benefit plan that expressly allows such
a practice. Waiver of the deductibles or copayments shall be made
only with the full knowledge and consent of the plan purchaser,
payer, and third-party administrator. Documentation of the consent
shall be made available to the board upon request.

(2)
For professional services rendered to any other person authorized to
practice pursuant to this chapter, to the extent allowed by this
chapter

and rules adopted by the board
.

(O)
Under the board's investigative duties described in this section and
subject to division (F) of this section, the board shall develop and
implement a quality intervention program designed to improve through
remedial education the clinical and communication skills of
individuals authorized under this chapter to practice medicine and
surgery, osteopathic medicine and surgery, and podiatric medicine and
surgery. In developing and implementing the quality intervention
program, the board may do all of the following:

(1)
Offer in appropriate cases as determined by the board an educational
and assessment program pursuant to an investigation the board
conducts under this section;

(2)
Select providers of educational and assessment services, including a
quality intervention program panel of case reviewers;

(3)
Make referrals to educational and assessment service providers and
approve individual educational programs recommended by those
providers. The board shall monitor the progress of each individual
undertaking a recommended individual educational program.

(4)
Determine what constitutes successful completion of an individual
educational program and require further monitoring of the individual
who completed the program or other action that the board determines
to be appropriate
;

(5)
Adopt rules in accordance with Chapter 119. of the Revised Code to
further implement the quality intervention program
.

An
individual who participates in an individual educational program
pursuant to this division shall pay the financial obligations arising
from that educational program.

(P)
The board shall not refuse to issue a license to an applicant because
of a conviction, plea of guilty, judicial finding of guilt, judicial
finding of eligibility for intervention in lieu of conviction, or the
commission of an act that constitutes a criminal offense, unless the
refusal is in accordance with section 9.79 of the Revised Code.

(Q)
A license or certificate to practice or certificate to recommend
issued to an individual under this chapter and an individual's
practice under this chapter in this state are automatically suspended
if the individual's license or certificate to practice a health care
occupation or provide health care services is suspended, revoked, or
surrendered or relinquished in lieu of discipline by an agency
responsible for authorizing, certifying, or regulating an individual
to practice a health care occupation or provide health care services
in this state or another jurisdiction. The automatic suspension
begins immediately upon entry of the order by the agency and lasts
for ninety days to permit the board to investigate the basis for the
action under this chapter. Continued practice during the automatic
suspension shall be considered practicing without a license or
certificate.

The
board shall notify the individual subject to the automatic suspension
by certified mail or in person in accordance with section 119.07 of
the Revised Code. If an individual subject to an automatic suspension
under this division fails to make a timely request for an
adjudication under Chapter 119. of the Revised Code, the board is not
required to hold a hearing, but may adopt, by an affirmative vote of
not fewer than six of its members, a final order that contains the
board's findings. In that final order, the board may order any of the
sanctions identified under division (A) or (B) of this section.

Sec.
4731.228.
(A)
As used in this section:

(1)
"Federally qualified health center" has the same meaning as
in section 3701.047 of the Revised Code.

(2)
"Federally qualified health center look-alike" has the same
meaning as in section 3701.047 of the Revised Code.

(3)
"Health care entity" means any of the following that
employs a physician to provide physician services:

(a)
A hospital registered with the department of health under section
3701.07 of the Revised Code;

(b)
A corporation formed under division (B) of section 1701.03 of the
Revised Code;

(c)
A corporation formed under Chapter 1702. of the Revised Code;

(d)
A limited liability company formed under Chapter 1705. or 1706. of
the Revised Code;

(e)
A health insuring corporation holding a certificate of authority
under Chapter 1751. of the Revised Code;

(f)
A partnership;

(g)
A professional association formed under Chapter 1785. of the Revised
Code.

(4)
"Physician" means an individual authorized under this
chapter to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery.

(5)
"Physician services" means direct patient care services
provided by a physician.

(6)
"Termination" means the end of a physician's employment
with a health care entity for any reason.

(B)
This section applies when a physician's employment with a health care
entity to provide physician services is terminated for any reason,
unless the physician continues to provide medical services for
patients of the health care entity on an independent contractor
basis.

(C)(1)
Except as provided in division (C)(2) of this section, a health care
entity shall send notice of the termination of a physician's
employment to each patient who received physician services from the
physician in the two-year period immediately preceding the date of
employment termination. Only patients of the health care entity who
received services from the physician are to receive the notice.

(2)
If the health care entity provides to the physician a list of
patients treated and patient contact information, the health care
entity may require the physician to send the notice required by this
section.

(D)
The notice provided under division (C) of this section shall be
provided not later than the date of termination or thirty days after
the health care entity has actual knowledge of termination or
resignation of the physician, whichever is later.
The
notice shall be provided in accordance with rules adopted by the
state medical board under section 4731.05 of the Revised Code.
The
notice shall include at least all of the following:

(1)
A notice to the patient that the physician will no longer be
practicing medicine as an employee of the health care entity;

(2)
Except in situations in which the health care entity has a good faith
concern that the physician's conduct or the medical care provided by
the physician would jeopardize the health and safety of patients, the
physician's name and, if known by the health care entity, information
provided by the physician that the patient may use to contact the
physician;

(3)
The date on which the physician ceased or will cease to practice as
an employee of the health care entity;

(4)
Contact information for an alternative physician or physicians
employed by the health care entity or contact information for a group
practice that can provide care for the patient;

(5)
Contact information that enables the patient to obtain information on
the patient's medical records.

In
accordance with Chapter 119. of the Revised Code, the state medical
board shall adopt rules establishing standards and procedures for the
provision of notice required by division (C) of this section.

(E)
The requirements of this section do not apply to any of the
following:

(1)
A physician rendering services to a patient on an episodic basis or
in an emergency department or urgent care center, when it should not
be reasonably expected that related medical services will be rendered
by the physician to the patient in the future;

(2)
A medical director or other physician providing services in a similar
capacity to a medical director to patients through a hospice care
program licensed pursuant to section 3712.04 of the Revised Code.

(3)
Medical residents, interns, and fellows who work in hospitals, health
systems, federally qualified health centers, and federally qualified
health center look-alikes as part of their medical education and
training.

(4)
A physician providing services to a patient through a community
mental health services provider certified by the director of mental
health and addiction services under section 5119.36 of the Revised
Code or a community addiction services provider certified by the
director under that section.

(5)
A physician providing services to a patient through a federally
qualified health center or a federally qualified health center
look-alike.

Sec.
4731.255.
The
state medical board
may
adopt any rules it considers necessary to implement sections 4731.25
to 4731.254 of the Revised Code, except that the board
shall
adopt rules establishing standards for evaluating, treating, and
monitoring practitioners and applicants who are or may be impaired,
including standards for the approval of evaluators and treatment
providers. Any such rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4731.283.
(A)
An individual who holds a current, valid license issued under this
chapter and who retires voluntarily from the practice of medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery or a limited branch of medicine may request that the state
medical board place the individual's license on retired status.

This
section does not authorize an individual who holds a training
certificate issued under section 4731.291 or 4731.573 of the Revised
Code to request that the board place the individual's certificate on
retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from the practice of
medicine and surgery, osteopathic medicine and surgery, or podiatric
medicine and surgery or a limited branch of medicine;

(c)
In the case of an applicant who holds a current, valid license to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, that the applicant does not hold an
active registration with the federal drug enforcement administration;

(d)
That the applicant does not have any criminal charges pending against
the applicant;

(e)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(f)
That the applicant does not have any complaints pending with the
board;

(g)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
In the case of an applicant who holds a current, valid license to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery, a fee in an amount equal to the
restoration fee amount described in section 4731.281 of the Revised
Code;

(4)
In the case of an applicant who holds a current, valid license to
practice a limited branch of medicine, a fee in an amount equal to
the restoration fee amount described in section 4731.15 of the
Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited under any circumstance from
practicing medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery or a limited branch of medicine.

(2)
In the case of a license holder whose license to practice medicine
and surgery, osteopathic medicine and surgery, or podiatric medicine
and surgery is on retired status, the holder is not required to
complete the continuing education required by section 4731.282 of the
Revised Code.

(3)
The license holder is prohibited from using the license to obtain a
license in another state, whether by endorsement or reciprocity or
through a licensure compact.

(4)
The license holder may use a title authorized for the holder's
license as described in section 4731.14, 4731.151, or 4731.56 of the
Revised Code, but only if "retired" also is included in the
title.

(5)
In the case of a license holder who also holds a certificate to
recommend issued under section 4731.30 of the Revised Code, the
certificate, like the license, is on retired status.

(6)
The license holder is prohibited from holding or practicing under a
volunteer's certificate issued under section 4731.295 of the Revised
Code.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4731.222 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
In the case of an applicant whose license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery is on retired status, the applicant certifies completion of,
within the two-year period that ends on the date of the application's
submission, the continuing education requirements that must be met
for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
In the case of an applicant whose license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery is on retired status, the applicant pays a reactivation fee
in an amount equal to the restoration fee amount described in section
4731.281 of the Revised Code.

(5)
In the case of an applicant whose license to practice a limited
branch of medicine is on retired status, the applicant pays a
reactivation fee in an amount equal to the restoration fee amount
described in section 4731.15 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure in another state, or
uses a title that does not reflect the holder's retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4731.22
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4731.291.
(A)
An individual seeking to pursue an internship, residency, clinical
fellowship program, or elective clinical rotation in this state, who
does not hold a license to practice medicine and surgery or
osteopathic medicine or surgery issued under this chapter, shall
apply to the state medical board for a training certificate. The
application shall be made on forms that the board shall furnish and
shall be accompanied by an application fee of one hundred thirty
dollars.

An
applicant for a training certificate shall furnish to the board all
of the following:

(1)
Evidence satisfactory to the board that the applicant is at least
eighteen years of age;

(2)
Evidence satisfactory to the board that the applicant has been
accepted or appointed to participate in this state in one of the
following:

(a)
An internship, residency, or clinical fellowship program accredited
by either the accreditation council for graduate medical education of
the American medical association or the American osteopathic
association;

(b)
A clinical fellowship program that is not accredited as described in
division (A)(2)(a) of this section, but is conducted at an
institution with a residency program that is accredited as described
in that division and is in a clinical field the same as or related to
the clinical field of the fellowship program;

(c)
An elective clinical rotation that lasts not more than one year and
is offered to interns, residents, or clinical fellows participating
in programs that are located outside this state and meet the
requirements of division (A)(2)(a) or (b) of this section.

(3)
Information identifying the beginning and ending dates of the period
for which the applicant has been accepted or appointed to participate
in the internship, residency, or clinical fellowship program;

(4)
Any other information that the board requires.

(B)
If no grounds for denying a license or certificate under section
4731.22 of the Revised Code apply, and the applicant meets the
requirements of division (A) of this section, the board shall issue a
training certificate to the applicant. The board shall not require an
examination as a condition of receiving a training certificate.

A
training certificate issued pursuant to this section shall be valid
only for three years, but may be renewed by the board for one
additional three-year period. To renew a training certificate, the
holder shall apply to the board on or before the certificate's
expiration date.

The
fee for renewal of a training certificate shall be one hundred
dollars. A late application may be submitted not more than thirty
days after the certificate's expiration date. In such a case, the
holder shall include with the application a one-hundred-fifty-dollar
reinstatement fee.

(C)
The holder of a valid training certificate shall be entitled to
perform such acts as may be prescribed by or incidental to the
holder's internship, residency, or clinical fellowship program, but
the holder shall not be entitled otherwise to engage in the practice
of medicine and surgery or osteopathic medicine and surgery in this
state. The holder shall limit activities under the certificate to the
programs of the hospitals or facilities for which the training
certificate is issued. The holder shall train only under the
supervision of the physicians responsible for supervision as part of
the internship, residency, or clinical fellowship program.

A
training certificate may be revoked by the board upon proof,
satisfactory to the board, that the holder thereof has engaged in
practice in this state outside the scope of the internship,
residency, or clinical fellowship program for which the training
certificate has been issued, or upon proof, satisfactory to the
board, that the holder thereof has engaged in unethical conduct or
that there are grounds for action against the holder under section
4731.22 of the Revised Code.

(D)
The board may adopt rules as the board finds necessary to effect the
purpose of this section.

Sec.
4731.293.
(A)
The state medical board shall issue, without examination, a clinical
research faculty certificate to practice medicine and surgery,
osteopathic medicine and surgery, or podiatric medicine and surgery
to any person who applies for the certificate and provides to the
board satisfactory evidence of both of the following:

(1)
That the applicant holds a current, unrestricted license to practice
medicine and surgery, osteopathic medicine and surgery, or podiatric
medicine and surgery issued by another state or country;

(2)
That the applicant has been appointed to serve in this state on the
academic staff of a medical school accredited by the liaison
committee on medical education, an osteopathic medical school
accredited by the American osteopathic association, or a college of
podiatric medicine and surgery in good standing with the board.

(B)
The holder of a clinical research faculty certificate may do one of
the following, as applicable:

(1)
Practice medicine and surgery or osteopathic medicine and surgery
only as is incidental to the certificate holder's teaching or
research duties at the medical school or a teaching hospital
affiliated with the school;

(2)
Practice podiatric medicine and surgery only as is incidental to the
certificate holder's teaching or research duties at the college of
podiatric medicine and surgery or a teaching hospital affiliated with
the college.

(C)
The board may revoke a certificate on receiving proof satisfactory to
the board that the certificate holder has engaged in practice in this
state outside the scope of the certificate or that there are grounds
for action against the certificate holder under section 4731.22 of
the Revised Code.

(D)
A clinical research faculty certificate is valid for three years,
except that the certificate ceases to be valid if the holder's
academic staff appointment described in division (A)(2) of this
section is no longer valid or the certificate is revoked pursuant to
division (C) of this section.

(E)(1)
The board shall provide a renewal notice to the certificate holder at
least one month before the certificate expires. Failure of a
certificate holder to receive a notice of renewal from the board
shall not excuse the certificate holder from the requirements
contained in this section. The notice shall inform the certificate
holder of the renewal procedure. The notice also shall inform the
certificate holder of the reporting requirement established by
division (H) of section 3701.79 of the Revised Code. At the
discretion of the board, the information may be included on the
application for renewal or on an accompanying page.

(2)
A clinical research faculty certificate may be renewed for an
additional three-year period. There is no limit on the number of
times a certificate may be renewed. A person seeking renewal of a
certificate shall apply to the board. The board shall provide the
application for renewal in a form determined by the board.

(3)
An applicant is eligible for renewal if the applicant does all of the
following:

(a)
Reports any criminal offense to which the applicant has pleaded
guilty, of which the applicant has been found guilty, or for which
the applicant has been found eligible for intervention in lieu of
conviction, since last filing an application for a clinical research
faculty certificate;

(b)
Provides evidence satisfactory to the board of both of the following:

(i)
That the applicant continues to maintain a current, unrestricted
license to practice medicine and surgery, osteopathic medicine and
surgery, or podiatric medicine and surgery issued by another state or
country;

(ii)
That the applicant's initial appointment to serve in this state on
the academic staff of a school or college is still valid or has been
renewed.

(4)
Regardless of whether the certificate has expired, a person who was
granted a visiting medical faculty certificate under this section as
it existed immediately prior to June 6, 2012, may apply for a
clinical research faculty certificate as a renewal. The board may
issue the clinical research faculty certificate if the applicant
meets the requirements of division (E)(3) of this section. The board
may not issue a clinical research faculty certificate if the visiting
medical faculty certificate was revoked.

(F)
A person holding a clinical research faculty certificate issued under
this section shall not be required to obtain a certificate under
Chapter 4796. of the Revised Code.

(G)
The board may adopt any rules it considers necessary to implement
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4731.295.
(A)(1)
As used in this section:

(a)
"Free clinic" has the same meaning as in section 3701.071
of the Revised Code.

(b)
"Indigent and uninsured person" and "operation"
have the same meanings as in section 2305.234 of the Revised Code.

(2)
For the purposes of this section, a person shall be considered
retired from practice if the person's license has expired with the
person's intention of ceasing to practice medicine and surgery or
osteopathic medicine and surgery for remuneration.

(B)
The state medical board may issue, without examination, a volunteer's
certificate to a person who is retired from practice so that the
person may provide medical services to indigent and uninsured persons
at any location, including a free clinic. The board shall deny
issuance of a volunteer's certificate to a person who is not
qualified under this section to hold a volunteer's certificate.

(C)
An application for a volunteer's certificate shall include all of the
following:

(1)
A copy of the applicant's degree of medicine or osteopathic medicine.

(2)
One of the following, as applicable:

(a)
A copy of the applicant's most recent license authorizing the
practice of medicine and surgery or osteopathic medicine and surgery
issued by a jurisdiction in the United States that licenses persons
to practice medicine and surgery or osteopathic medicine and surgery.

(b)
A copy of the applicant's most recent license equivalent to a license
to practice medicine and surgery or osteopathic medicine and surgery
in one or more branches of the United States armed services that the
United States government issued.

(3)
Evidence of one of the following, as applicable:

(a)
That the applicant has maintained for at least ten years prior to
retirement full licensure in good standing in any jurisdiction in the
United States that licenses persons to practice medicine and surgery
or osteopathic medicine and surgery.

(b)
That the applicant has practiced for at least ten years prior to
retirement in good standing as a doctor of medicine and surgery or
osteopathic medicine and surgery in one or more of the branches of
the United States armed services.

(4)
An attestation that the applicant will not accept any form of
remuneration for any medical services rendered while in possession of
a volunteer's certificate.

(D)
The holder of a volunteer's certificate may provide medical services
only to indigent and uninsured persons, but may do so at any
location, including a free clinic. The holder shall not accept any
form of remuneration for providing medical services while in
possession of the certificate. Except in a medical emergency, the
holder shall not perform any operation or deliver babies. The board
may revoke a volunteer's certificate on receiving proof satisfactory
to the board that the holder has engaged in practice in this state
outside the scope of the certificate.

(E)(1)
A volunteer's certificate shall be valid for a period of three years,
unless earlier revoked under division (D) of this section or pursuant
to section 4731.22 of the Revised Code. A volunteer's certificate may
be renewed upon the application of the holder. The board shall
maintain a register of all persons who hold volunteer's certificates.
The board shall not charge a fee for issuing or renewing a
certificate pursuant to this section.

(2)
To be eligible for renewal of a volunteer's certificate the holder of
the certificate shall certify to the board completion of one hundred
fifty hours of continuing medical education that meets the
requirements of section 4731.282 of the Revised Code regarding
certification by private associations and approval by the board. The
board may not renew a certificate if the holder has not complied with
the continuing medical education requirements. Any entity for which
the holder provides medical services may pay for or reimburse the
holder for any costs incurred in obtaining the required continuing
medical education credits.

(3)
The board shall issue a volunteer's certificate to each person who
qualifies under this section for the certificate. The certificate
shall state that the certificate holder is authorized to provide
medical services pursuant to the laws of this state. The holder shall
display the certificate prominently at the location where the holder
primarily practices.

(4)
The holder of a volunteer's certificate issued pursuant to this
section is subject to the immunity provisions regarding the provision
of services to indigent and uninsured persons in section 2305.234 of
the Revised Code.

(F)
The holder of a volunteer's certificate issued under this section is
not required to obtain a license under Chapter 4796. of the Revised
Code.

(G)
The board shall adopt rules in accordance with Chapter 119. of the
Revised Code to administer and enforce this section.

Sec.
4731.297.
(A)
As used in this section:

(1)
"Academic medical center" means a medical school and its
affiliated teaching hospitals and clinics partnering to do all of the
following:

(a)
Provide the highest quality of patient care from expert physicians;

(b)
Conduct groundbreaking research leading to medical advancements for
current and future patients;

(c)
Provide medical education and graduate medical education to educate
and train physicians.

(2)
"Affiliated physician group practice" means a medical
practice that consists of one or more physicians authorized under
this chapter to practice medicine and surgery or osteopathic medicine
and surgery and that is affiliated with an academic medical center to
further the objectives described in divisions (A)(1)(a) to (c) of
this section.

(B)
The state medical board shall issue, without examination, to an
applicant who meets the requirements of this section a certificate of
conceded eminence authorizing the practice of medicine and surgery or
osteopathic medicine and surgery as part of the applicant's
employment with an academic medical center in this state or
affiliated physician group practice in this state.

(C)
To be eligible for a certificate of conceded eminence, an applicant
shall provide to the board all of the following:

(1)
Evidence satisfactory to the board of all of the following:

(a)
That the applicant is an international medical graduate who holds a
medical degree from an educational institution listed in the
international medical education directory;

(b)
That the applicant has been appointed to serve in this state as a
full-time faculty member of a medical school accredited by the
liaison committee on medical education or an osteopathic medical
school accredited by the American osteopathic association;

(c)
That the applicant has accepted an offer of employment with an
academic medical center in this state or affiliated physician group
practice in this state;

(d)
That the applicant holds a license in good standing in another state
or country authorizing the practice of medicine and surgery or
osteopathic medicine and surgery;

(e)
That the applicant has unique talents and extraordinary abilities not
generally found within the applicant's specialty, as demonstrated by
satisfying at least four of the following:

(i)
The applicant has achieved educational qualifications beyond those
that are required for entry into the applicant's specialty, including
advanced degrees, special certifications, or other academic
credentials.

(ii)
The applicant has written multiple articles in journals listed in the
index medicus or an equivalent scholarly publication acceptable to
the board.

(iii)
The applicant has a sustained record of excellence in original
research, at least some of which involves serving as the principal
investigator or co-principal investigator for a research project.

(iv)
The applicant has received nationally or internationally recognized
prizes or awards for excellence.

(v)
The applicant has participated in peer review in a field of
specialization that is the same as or similar to the applicant's
specialty.

(vi)
The applicant has developed new procedures or treatments for complex
medical problems that are recognized by peers as a significant
advancement in the applicable field of medicine.

(vii)
The applicant has held previous academic appointments with or been
employed by a health care organization that has a distinguished
national or international reputation.

(viii)
The applicant has been the recipient of a national institutes of
health or other competitive grant award.

(f)
That the applicant has received staff membership or professional
privileges from the academic medical center pursuant to standards
adopted under section 3701.351 of the Revised Code on a basis that
requires the applicant's medical education and graduate medical
education to be at least equivalent to that of a physician educated
and trained in the United States;

(g)
That the applicant has sufficient written and oral English skills to
communicate effectively and reliably with patients, their families,
and other medical professionals;

(h)
That the applicant will have professional liability insurance through
the applicant's employment with the academic medical center or
affiliated physician group practice.

(2)
An attestation that the applicant agrees to practice only within the
clinical setting of the academic medical center or for the affiliated
physician group practice;

(3)
Three letters of reference from distinguished experts in the
applicant's specialty attesting to the unique capabilities of the
applicant, at least one of which must be from outside the academic
medical center or affiliated physician group practice;

(4)
An affidavit from the dean of the medical school where the applicant
has been appointed to serve as a faculty member stating that the
applicant meets all of the requirements of division (C)(1) of this
section and that the letters of reference submitted under division
(C)(3) of this section are from distinguished experts in the
applicant's specialty, and documentation to support the affidavit;

(5)
A fee of one thousand dollars for the certificate.

(D)(1)
The holder of a certificate of conceded eminence may practice
medicine and surgery or osteopathic medicine and surgery only within
the clinical setting of the academic medical center with which the
certificate holder is employed or for the affiliated physician group
practice with which the certificate holder is employed.

(2)
A certificate holder may supervise medical students, physicians
participating in graduate medical education, advanced practice
nurses, and physician assistants when performing clinical services in
the certificate holder's area of specialty.

(E)
The board may revoke a certificate issued under this section on
receiving proof satisfactory to the board that the certificate holder
has engaged in practice in this state outside the scope of the
certificate or that there are grounds for action against the
certificate holder under section 4731.22 of the Revised Code.

(F)
A certificate of conceded eminence is valid for the shorter of two
years or the duration of the certificate holder's employment with the
academic medical center or affiliated physician group practice. The
certificate ceases to be valid if the holder resigns or is otherwise
terminated from the academic medical center or affiliated physician
group practice.

(G)
A certificate of conceded eminence may be renewed for an additional
two-year period. There is no limit on the number of times a
certificate may be renewed. A person seeking renewal of a certificate
shall apply to the board and is eligible for renewal if the applicant
does all of the following:

(1)
Pays the renewal fee of one thousand dollars;

(2)
Provides to the board an affidavit and supporting documentation from
the academic medical center or affiliated physician group practice of
all of the following:

(a)
That the applicant's initial appointment to the medical faculty is
still valid or has been renewed;

(b)
That the applicant's clinical practice is consistent with the
established standards in the field;

(c)
That the applicant has demonstrated continued scholarly achievement;

(d)
That the applicant has demonstrated continued professional
achievement consistent with the academic medical center's
requirements, established pursuant to standards adopted under section
3701.351 of the Revised Code, for physicians with staff membership or
professional privileges with the academic medical center.

(3)
Satisfies the same continuing medical education requirements set
forth in section 4731.282 of the Revised Code that apply to a person
who holds a certificate to practice medicine and surgery or
osteopathic medicine and surgery issued under this chapter.

(4)
Complies with any other requirements established by the board.

(H)
The board shall not require a person to obtain a certificate under
Chapter 4796. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery if the person holds a certificate of
conceded eminence issued under this section.

(I)
The board may adopt any rules it considers necessary to implement
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4731.298.
(A)
The state medical board shall issue, without examination, to an
applicant who meets the requirements of this section a visiting
clinical professional development certificate authorizing the
practice of medicine and surgery or osteopathic medicine and surgery
as part of the applicant's participation in a clinical professional
development program.

(B)
To be eligible for a visiting clinical professional development
certificate, an applicant shall provide to the board satisfactory
evidence that the applicant meets both of the following requirements:

(1)
Has been accepted for participation in a clinical professional
development program of a medical school or osteopathic medical school
in this state that is accredited by the liaison committee on medical
education or the American osteopathic association or of a teaching
hospital affiliated with such a medical school;

(2)
Holds a current, unrestricted license to practice medicine and
surgery or osteopathic medicine and surgery issued in another
country.

(C)
The board shall maintain a register of all persons who hold visiting
clinical professional development certificates.

(D)
The holder of a visiting clinical professional development
certificate may practice medicine and surgery or osteopathic medicine
and surgery only as part of the clinical professional development
program in which the certificate holder participates. The certificate
holder's practice must be under the direct supervision of a qualified
faculty member of the medical school, osteopathic medical school, or
teaching hospital conducting the program who holds a license to
practice medicine and surgery or osteopathic medicine and surgery
issued under this chapter.

The
program in which the certificate holder participates shall ensure
that the certificate holder does not do any of the following:

(1)
Write orders or prescribe medication;

(2)
Bill for services performed;

(3)
Occupy a residency or fellowship position approved by the
accreditation council for graduate medical education;

(4)
Attempt to have participation in a clinical professional development
program pursuant to this section counted toward meeting the graduate
medical education requirements specified in section 4731.09 of the
Revised Code.

(E)
The board may revoke a certificate issued under this section on
receiving proof satisfactory to the board that the certificate holder
has engaged in practice in this state outside the scope of the
certificate or that there are grounds for action against the
certificate holder under section 4731.22 of the Revised Code.

(F)
A visiting clinical professional development certificate is valid for
the shorter of one year or the duration of the program in which the
holder is participating. The certificate ceases to be valid if the
holder resigns or is otherwise terminated from the program. The
certificate may not be extended.

(G)
The program in which a certificate holder participates shall obtain
from each patient or patient's parent or legal guardian written
consent to any medical or surgical procedure or course of procedures
in which the certificate holder participates.

(H)
The board may adopt any rules it considers necessary to implement
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4731.301.
(A)
Not later than one year after

the effective date of this section

September 8, 2016
,
the state medical board shall adopt rules establishing all of the
following:

(1)
The procedures when applying for a certificate to recommend under
section 4731.301 of the Revised Code;

(2)
The conditions that must be met to be eligible for a certificate to
recommend;

(3)
The schedule and procedures for renewing a certificate to recommend;

(4)
The reasons for which a certificate may be suspended or revoked;

(5)
The standards under which a certificate suspension may be lifted;

(6)
The minimal standards of care when recommending treatment with
medical marijuana.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

(B)
In addition to the rules described in division (A) of this section,
the board may adopt
any
other rules it considers necessary to implement sections 4731.30 and
4731.302 of the Revised Code which may include
rules
specifying the information that must be included in a written
recommendation issued under section 4731.30 of the Revised Code. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

(C)
The board shall approve one or more continuing medical education
courses of study, which may be a course or courses certified by the
Ohio state medical association or Ohio osteopathic association, that
assist physicians holding certificates to recommend in both of the
following:

(1)
Diagnosing qualifying medical conditions as defined in section
3796.01 of the Revised Code;

(2)
Treating qualifying medical conditions with medical marijuana.

Sec.
4731.573.
(A)
An individual seeking to pursue an internship, residency, or clinical
fellowship program in podiatric medicine and surgery in this state,
who does not hold a license to practice podiatric medicine and
surgery issued under this chapter, shall apply to the state medical
board for a training certificate. The application shall be made on
forms that the board shall furnish and shall be accompanied by an
application fee of one hundred thirty dollars.

An
applicant for a training certificate shall furnish to the board all
of the following:

(1)
Evidence satisfactory to the board that the applicant is at least
eighteen years of age;

(2)
Evidence satisfactory to the board that the applicant has been
accepted or appointed to participate in this state in one of the
following:

(a)
An internship, residency, or clinical fellowship program accredited
by either the council on podiatric medical education or the American
podiatric medical association;

(b)
A clinical fellowship program that is not accredited as described in
division (A)(2)(a) of this section, but is conducted at an
institution with a residency program that is accredited as described
in that division and is in a clinical field the same as or related to
the clinical field of the fellowship program.

(3)
Information identifying the beginning and ending dates of the period
for which the applicant has been accepted or appointed to participate
in the internship, residency, or clinical fellowship program;

(4)
Any other information that the board requires.

(B)
If no grounds for denying a license or certificate under section
4731.22 of the Revised Code apply and the applicant meets the
requirements of division (A) of this section, the board shall issue a
training certificate to the applicant. The board shall not require an
examination as a condition of receiving a training certificate.

A
training certificate issued pursuant to this section shall be valid
only for three years, but may be renewed by the board for one
additional three-year period. To renew a training certificate, the
holder shall apply to the board on or before the certificate's
expiration date.

The
fee for renewal of a training certificate shall be one hundred
dollars. A late application may be submitted not more than thirty
days after the certificate's expiration date. In such a case, the
holder shall include with the application a one-hundred-fifty-dollar
reinstatement fee.

(C)
The holder of a valid training certificate shall be entitled to
perform such acts as may be prescribed by or incidental to the
holder's internship, residency, or clinical fellowship program, but
the holder shall not be entitled otherwise to engage in the practice
of podiatric medicine and surgery in this state. The holder shall
limit activities under the certificate to the programs of the
hospitals or facilities for which the training certificate is issued.
The holder shall train only under the supervision of the podiatrists
responsible for supervision as part of the internship, residency, or
clinical fellowship program. A training certificate may be revoked by
the board upon proof, satisfactory to the board, that the holder
thereof has engaged in practice in this state outside the scope of
the internship, residency, or clinical fellowship program for which
the training certificate has been issued, or upon proof, satisfactory
to the board, that the holder thereof has engaged in unethical
conduct or that there are grounds for action against the holder under
section 4731.22 of the Revised Code.

(D)
The board may adopt rules as the board finds necessary to effect the
purpose of this section.

Sec.
4732.06.
The
principal office of the state board of psychology shall be in
Columbus, but it may meet or conduct business at any place in this
state. The board may empower any one or more of its members to
conduct any proceeding, hearing, or investigation necessary to its
purposes, including the administration and enforcement of Chapter
4783. of the Revised Code. The board shall meet at least twice
annually and at such other times as it determines. Special meetings
may be called by the president and shall be called by the secretary
upon the written request of two members. The board shall not conduct
business by teleconference except as provided in division (F)(1) of
section 4732.17 of the Revised Code.

The
board shall make such rules as are necessary to conduct its business.

The
board shall employ an executive director, investigators, and
administrative assistants as are necessary to administer and enforce
this chapter and Chapter 4783. of the Revised Code.

Sec.
4733.07.
The
state board of registration for professional engineers and surveyors
shall adopt all necessary rules and bylaws, in accordance with
Chapter 119. of the Revised Code, and not inconsistent with this
chapter, and the constitutions and laws of this state or of the
United States, to govern its times and places of meetings for
organization and reorganization
,

and

for the holding of examinations
,
and for governing all other matters requisite to the exercise of its
powers, the performance of its duties, and the transaction of its
business
.
The board shall adopt and have an official seal.
The
board may include among the rules adopted governing the standards of
practice of engineering, requirements regarding financial
responsibility and professional liability insurance.

In
carrying this chapter into effect, the board may hold hearings in
accordance with sections 119.01 to 119.13 of the Revised Code.

Sec.
4734.25.
A
license to practice chiropractic from the state chiropractic board
expires biennially in accordance with a schedule the board
establishes in rules adopted under this section. The license may be
renewed. The renewal process shall be conducted in accordance with
the standard renewal procedures of Chapter 4745. of the Revised Code,
except that the board's executive director shall notify each license
holder of the license renewal requirements of this section not later
than sixty days prior to the license's expiration date.

When
an application for license renewal is submitted, the applicant shall
provide the information necessary to process the application and pay
a renewal fee in an amount the board specifies in rules adopted under
this section. The board shall deposit twenty-five dollars of each
renewal fee collected into the state treasury to the credit of the
chiropractic loan repayment fund created by section 3702.9810 of the
Revised Code.

Before
a renewal of license is issued by the board, the licensee shall
furnish the board with satisfactory evidence that the licensee has
completed during the current licensing period not less than the
number of hours of continuing education that the board requires in
rules adopted under this section. For an activity to be applied
toward the continuing education requirement, the activity must meet
the board's approval as a continuing education activity, as specified
in rules adopted under this section. Any exception from the
continuing education requirement must be approved by the board.

Failure
of a licensee to comply with this section shall operate as an
automatic forfeiture of the right of the licensee to practice
chiropractic in this state. A forfeited license may be reinstated by
the board upon payment of all fees due and a penalty fee in an amount
the board specifies in rules adopted under this section for
reinstatement, in addition to satisfying the board of having complied
with the continuing education requirements of this section. If an
individual's license has been forfeited for two or more years, the
board may also require as a condition of reinstatement that the
individual complete training or testing as specified by the board.

The
board shall adopt
any

rules

it
considers necessary to implement this section, including
establishing

standards
for approval of continuing education in the practice of chiropractic.
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code.

Sec.
4734.27.
(A)
To the extent it is in the public interest, the state chiropractic
board may issue, without examination, a special limited license to
practice chiropractic as follows:

(1)
To a person who is seeking to participate in an internship,
residency, preceptorship, or clinical fellowship in this state in
preparation for the practice of chiropractic;

(2)
To a nonresident person who plans to provide chiropractic services in
connection with a special activity, program, or event conducted in
this state, if the person holds a current, valid, and unrestricted
license to practice chiropractic in another state or country;

(3)
To a person who previously held an unrestricted license to practice
chiropractic in this state who plans to offer gratuitous chiropractic
services as a voluntary public service
;

(4)
To any other person for any other reason specified as good cause by
the board in rules adopted under this section
.

(B)
An applicant for a special limited license shall submit to the board
a complete application on a form prescribed by the board, pay an
application fee of seventy-five dollars, and furnish proof
satisfactory to the board of being at least twenty-one years of age
and of either holding the degree of doctor of chiropractic or being
enrolled in a program leading to the degree. The institution from
which the applicant received the degree or in which the applicant is
enrolled must be a school or college that is approved by the board
under section 4734.21 of the Revised Code.

(C)
The provisions of this chapter that apply to applicants for and
holders of licenses to practice chiropractic shall apply to
applicants for and holders of special limited licenses to the extent
the board considers appropriate, including the board's authority to
conduct any investigation it considers appropriate to verify an
applicant's credentials and fitness to receive a license and the
board's authority to take actions under section 4734.31 of the
Revised Code.

(D)
The board shall adopt any rules it considers necessary to implement
this section. All rules adopted under this section shall be adopted
in accordance with Chapter 119. of the Revised Code.

(E)(1)
(D)(1)

The board shall issue a special limited license to practice
chiropractic under division (A)(1) of this section in accordance with
Chapter 4796. of the Revised Code to a person if either of the
following applies:

(a)
The person holds a limited license to practice chiropractic in
another state.

(b)
The person has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a chiropractor in a state that does not issue that limited
license.

(2)
A nonresident person who holds a special limited license to practice
chiropractic under division (A)(2) of this section is not required to
obtain a license under Chapter 4796. of the Revised Code to practice
under the special limited license.

(3)
Chapter 4796. of the Revised Code does not apply to a special limited
license issued under division (A)(3)
or
(4)
of
this section.

Sec.
4734.282.
(A)
A chiropractor licensed under this chapter seeking a certificate to
practice acupuncture shall file with the state chiropractic board a
written application on a form prescribed and supplied by the board.
The application shall include all of the following:

(1)
Evidence satisfactory to the board that the applicant's license is
current and valid and that the applicant is in good standing with the
board;

(2)
Evidence satisfactory to the board that the applicant has completed a
course of study in acupuncture approved by the board in accordance
with section 4734.211 of the Revised Code
.
;

(3)
Evidence satisfactory to the board that the applicant has passed the
acupuncture examination administered by the national board of
chiropractic examiners or a person that administers the examinations
on the national board's behalf.

(B)
The board shall review all applications received under this section.
The board shall determine whether an applicant meets the requirements
to receive a certificate to practice acupuncture not later than sixty
days after receiving a complete application. The affirmative vote of
not fewer than three members of the board is required to determine
that an applicant meets the requirements for a certificate.

(C)
At the time of making application for a certificate to practice
acupuncture, the applicant shall pay the board a fee in an amount
determined by the board pursuant to rules adopted under
section
4734.10
Chapter
119.
of
the Revised Code, no part of which shall be returned.

Sec.
4734.284.
A
chiropractor seeking to renew a certificate to practice acupuncture
shall follow the standard renewal procedures of Chapter 4745. of the
Revised Code and do all of the following:

(A)
Furnish the state chiropractic board with satisfactory evidence that
the chiropractor completed, during the twenty-four months immediately
preceding renewal, at least twelve hours of acupuncture continuing
education provided by an entity that administers a course of study
approved under section 4734.211 of the Revised Code;

(B)
Certify to the board that the chiropractor remains in good standing
with the board and has not engaged in any conduct for which the board
may take action under division (C) of section 4734.31 of the Revised
Code;

(C)
Pay a renewal fee in an amount determined by the board pursuant to
rules adopted under
section
4734.10
Chapter
119.
of
the Revised Code.

Sec.
4734.42.
Pursuant
to the state chiropractic board's investigative authority established
under this chapter, the board shall develop and implement a quality
intervention program designed to improve the practice and
communication skills of individuals authorized to practice
chiropractic under this chapter. In developing and implementing the
quality intervention program, the board shall do all of the
following:

(A)
Offer in appropriate cases as determined by the board an educational
and assessment program pursuant to an investigation the board
conducts under this section;

(B)
Select providers of educational and assessment services, including a
quality intervention program panel of case reviewers;

(C)
Make referrals to educational and assessment service providers and
approve individual educational programs recommended by those
providers. The board shall monitor the progress of each individual
undertaking a recommended individual education program;

(D)
Determine what constitutes successful completion of an individual
education program and require further monitoring of the individual
who completed the program or other action the board determines to be
appropriate
;

(E)
Adopt rules in accordance with Chapter 119. of the Revised Code
establishing standards and procedures for implementing the quality
intervention program
.

Sec.
4735.10.
(A)(1)
The Ohio real estate commission may adopt
reasonable

rules
in accordance with Chapter 119. of the Revised Code
,
necessary for implementing the provisions of this chapter relating,
but not limited

to
,

establish

the
following:

(a)
The form and manner of filing applications for licensure;

(b)
Times and form of examination for license;

(c)
Placing an existing broker's license on deposit or a salesperson's
license on an inactive status for an indefinite period;

(d)
Specifying the process by which a licensee may resign the licensee's
license;

(e)
Defining any additional license status that the commission determines
is necessary and that is not otherwise defined in this chapter and
establishing the process by which a licensee places the licensee's
license in a status defined by the commission in the rules the
commission adopts;

(f)
Clarification of the activities that require a license under this
chapter;

(g)
Permitting a broker to act as principal broker for more than one
brokerage.

(2)
The commission shall adopt reasonable rules in accordance with
Chapter 119. of the Revised Code, for implementing the provisions of
this chapter relating to the following:

(a)
The issuance, renewal, suspension, and revocation of licenses, other
sanctions that may be imposed for violations of this chapter, the
conduct of hearings related to these actions, and the process of
reactivating a license;

(b)
A three-year license and a three-year license renewal system;

(c)
Standards for the approval of the postlicensure courses as required
by division (G) of section 4735.07 and division (J) of section
4735.09 of the Revised Code, courses of study required for licenses,
courses offered in preparation for license examinations, or courses
required as continuing education for licenses.

(d)
Guidelines to ensure that continuing education classes are open to
all persons licensed under this chapter. The rules shall specify that
an organization that sponsors a continuing education class may offer
its members a reasonable reduction in the fees charged for the class.

(e)
Requirements for trust accounts and property management accounts. The
rules shall specify that:

(i)
Brokerages engaged in the management of property for another may,
pursuant to a written contract with the property owner, exercise
signatory authority for withdrawals from property management accounts
maintained in the name of the property owner. The exercise of
authority for withdrawals does not constitute a violation of any
provision of division (A) of section 4735.18 of the Revised Code.

(ii)
The interest earned on property management trust accounts maintained
in the name of the property owner or the broker shall be payable to
the property owner unless otherwise specified in a written contract.

(f)
Notice of renewal forms and filing deadlines;

(g)
Special assessments under division (A) of section 4735.12 of the
Revised Code.

(B)
The commission may adopt rules in accordance with Chapter 119. of the
Revised Code establishing standards and guidelines with which the
superintendent of real estate shall comply in the exercise of the
following powers:

(1)
Appointment and recommendation of ancillary trustees under section
4735.05 of the Revised Code;

(2)
Rejection of names proposed to be used by partnerships, associations,
limited liability companies, limited liability partnerships, and
corporations, under division (B) of section 4735.06 of the Revised
Code, including procedures for the application and approval of more
than one trade name for a brokerage;

(3)
Acceptance and rejection of applications to take the broker and
salesperson examinations and licensure;

(4)
Approval of applications of brokers to place their licenses in an
inactive status and to become salespersons under section 4735.13 of
the Revised Code;

(5)
Appointment of hearing examiners under section 119.09 of the Revised
Code;

(6)
Acceptance and rejection of applications to take the foreign real
estate dealer and salesperson examinations and licensure, with waiver
of examination, under sections 4735.27 and 4735.28 of the Revised
Code;

(7)
Qualification of foreign real estate under section 4735.25 of the
Revised Code.

If
at any time there is no rule in effect establishing a guideline or
standard required by this division, the superintendent may adopt a
rule in accordance with Chapter 119. of the Revised Code for such
purpose.

(C)
The commission or superintendent may hear testimony in matters
relating to the duties imposed upon them, and the president of the
commission and superintendent may administer oaths. The commission or
superintendent may require other proof of the honesty and
truthfulness of any person named in an application for a real estate
broker's or real estate salesperson's license before admitting the
applicant to the examination or issuing a license.

Sec.
4737.045.
(A)
To register as a scrap metal dealer or a bulk merchandise container
dealer with the director of public safety as required by division (B)
of section 4737.04 of the Revised Code, a person shall do all of the
following:

(1)
Provide the name and street address of the dealer's place of
business;

(2)
Provide the name of the primary owner of the business, and of the
manager of the business, if the manager is not the primary owner;

(3)
Provide the electronic mail address of the business;

(4)
Provide confirmation that the dealer has the capabilities to
electronically connect with the department of public safety for the
purpose of sending and receiving information;

(5)

Provide
any other information required by the director in rules the director
adopts pursuant to sections 4737.01 to 4737.045 of the Revised Code;

(6)

Pay
an initial registration fee of two hundred dollars.

(B)
A person engaging in the business of a scrap metal dealer or a bulk
merchandise container dealer in this state on or before September 28,
2012, shall register with the director not later than January 1,
2013. With respect to a person who commences engaging in the business
of a scrap metal dealer or a bulk merchandise container dealer after
September 28, 2012, the person shall register with the director
pursuant to this section prior to commencing business as a scrap
metal dealer or a bulk merchandise container dealer.

(C)
A registration issued to a scrap metal dealer or a bulk merchandise
container dealer pursuant to this section is valid for a period of
one year. A dealer shall renew the registration in accordance with
the rules adopted by the director and pay a renewal fee of one
hundred fifty dollars to cover the costs of operating and maintaining
the registry created pursuant to division (E) of this section.

(D)
A scrap metal dealer or a bulk merchandise container dealer
registered under this section shall prominently display a copy of the
annual registration certificate received from the director pursuant
to division (E)(2) of this section.

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

(1)
Develop and implement, by January 1, 2014, and maintain as a registry
a secure database for use by law enforcement agencies that is capable
of all of the following:

(a)
Receiving and securely storing all of the information required by
division (A) of this section and the daily transaction data that
scrap metal dealers and bulk merchandise dealers are required to send
pursuant to division (E)(1) of section 4737.04 of the Revised Code;

(b)
Providing secure search capabilities to law enforcement agencies for
enforcement purposes;

(c)
Creating a link and retransmission capability for receipt of routine
scrap theft alerts published by the institute of scrap recycling
industries for transmission to dealers and law enforcement agencies
in the state;

(d)
Making the electronic lists prepared pursuant to division (F)(2) of
section 4737.04 of the Revised Code available through an electronic
searchable format for individual law enforcement agencies and for
dealers in the state;

(e)
Providing, without charge, interlink programming enabling the
transfer of information to dealers.

(2)
Issue, reissue, or deny registration to dealers;

(3)
Adopt rules
to
enforce sections 4737.01 to 4737.045 of the Revised Code, rules

establishing
procedures to renew a registration issued under this section, rules
for the format and maintenance for the records required under
division (A) of section 4737.012 of the Revised Code or division (C)
of section 4737.04 of the Revised Code, and rules regarding the
delivery of the report required by division (E)(1) of section 4737.04
of the Revised Code to the registry, which shall be used exclusively
by law enforcement agencies.

(F)
A scrap metal dealer or bulk merchandise container dealer may search,
modify, or update only the dealer's own business data contained
within the registry established in division (E) of this section.

(G)
All fees received by the director pursuant to this section and
division (F) of section 4737.99 of the Revised Code shall be used to
develop and maintain the registry required under this section and for
the department of public safety's operating expenses. The fees shall
be deposited into the infrastructure protection fund which is hereby
created in the state treasury.

Sec.
4738.11.
(A)
The motor vehicle salvage dealer's licensing board shall adopt rules
prescribing the physical characteristics of facilities used by motor
vehicle salvage dealers, salvage motor vehicle auctions, and salvage
motor vehicle pools, which shall include requirements for fencing or
otherwise screening the view of the facilities to at least the extent
required for junkyards by sections 4737.07 and 4737.09 of the Revised
Code. Such rules shall be consistent with the standards adopted by
the director of transportation pursuant to the "Highway
Beautification Act of 1965," 79 Stat. 1030, 23 U.S.C.A. 361, as
amended. Enforcement of the screening regulations of this division
shall be subject to approval, supervision, and action of the director
of transportation. The director may enforce the screening regulations
of this section if he considers that such regulations are not
adequately enforced.

(B)
The board may make
such
other reasonable rules as are necessary to carry out and effect
sections 4738.01 to 4738.12 of the Revised Code, and further
rules

as
are necessary
relating
to the time, place, and manner of conducting hearings on the
issuance, suspension, or revocation of licenses. The board may hear
testimony in matters relating to the duties imposed upon it and the
president and the secretary of the board may administer oaths. The
board may require any proof it deems advisable and may require the
attendance of witnesses and the production of books, records, and
papers as it desires at any hearing before it or relating to any
matter which it has authority to investigate. The board may, through
its secretary, issue a subpoena for any witness, or a subpoena duces
tecum for the production of any books, records, and papers, directed
to the sheriff of the county where a witness resides or is found,
which subpoena shall be served and returned in the same manner as a
subpoena in a criminal case.

The
fees of the sheriff shall be the same as that allowed in the court of
common pleas in criminal cases. Witnesses shall be paid the fees and
mileage provided for under section 119.094 of the Revised Code. The
fees and mileage shall be paid in the same manner as other expenses
of the board.

Depositions
of witnesses residing within or without the state may be taken by the
board in the manner prescribed for like depositions in civil actions
in the court of common pleas. In any case of disobedience to or
neglect of any subpoena served on any person, or the refusal of any
witness to testify to any matter regarding which he may lawfully be
interrogated, the court of common pleas of any county where
disobedience, neglect, or refusal occurs, or any judge thereof on
application of the secretary of the board, shall compel obedience by
attachment proceedings for contempt as in the case of disobedience of
a subpoena issued from the court or a refusal to testify therein.

Sec.
4740.04.
The
administrative section of the Ohio construction industry licensing
board is responsible for the administration of this chapter and shall
do all of the following:

(A)
Schedule the contractor examinations each of the other sections of
the board directs. Each type of examination shall be held at least
four times per year.

(B)
Select and contract with one or more persons to do all of the
following relative to the examinations:

(1)
Prepare, administer, score, and maintain the confidentiality of the
examinations;

(2)
Be responsible for all the expenses required to fulfill division
(B)(1) of this section;

(3)
Charge an applicant a fee in an amount the administrative section of
the board authorizes for administering the examination.

(C)
Issue and renew licenses as follows:

(1)
Issue a license to any individual who the appropriate specialty
section of the board determines is qualified pursuant to section
4740.06 of the Revised Code to hold a license and has attained,
within the twelve months preceding the individual's application for
licensure, a score on the examination that the appropriate specialty
section authorizes for the licensed trade.

(a)
Each license shall include the contractor's name, license number,
expiration date, and the name of the contracting company associated
with the individual, as applicable.

(b)
Each license issued to an individual who holds more than one valid
license shall contain the same license number and expiration date as
the original license issued to that individual.

(2)
Renew licenses for individuals who meet the renewal requirements of
section 4740.06 of the Revised Code.

(D)
Make an annual written report to the director of commerce on
proceedings had by or before the board for the previous year and make
an annual statement of all money received and expended by the board
during the year;

(E)
Keep a record containing the name, address, the date on which the
board issues or renews a license to, and the license number of, every
heating, ventilating, and air conditioning contractor, refrigeration
contractor, electrical contractor, plumbing contractor, and hydronics
contractor issued a license pursuant to this chapter;

(F)
Regulate a contractor's use and display of a license issued pursuant
to this chapter and of any information contained in that license;

(G)
Adopt rules in accordance with Chapter 119. of the Revised Code
as
necessary
to

properly
discharge the administrative section's duties under this chapter. The
rules shall include, but not be limited to,
establish

the
following:

(1)
Application procedures for examinations;

(2)
Specifications for continuing education requirements for license
renewal that address all of the following:

(a)
A requirement that an individual who holds any number of valid and
unexpired licenses accrue a total of ten hours of continuing
education courses per year;

(b)
Fees the board charges to persons who provide continuing education
courses, in an amount of twenty-five dollars annually for each person
approved to provide courses, not more than ten dollars plus one
dollar per credit hour for each course submitted to a specialty
section of the board for approval according to division (F) of
section 4740.05 of the Revised Code, and one dollar per credit hour
of instruction per attendee;

(c)
A provision limiting approval of continuing education courses to one
year.

(3)
Requirements for criminal records checks of applicants under section
4776.03 of the Revised Code.

(H)
Adopt any continuing education curriculum as the other sections of
the board establish or approve pursuant to division (F) of section
4740.05 of the Revised Code;

(I)
Keep a record of its proceedings and do all things necessary to carry
out this chapter.

Sec.
4741.03.
(A)
The state veterinary medical licensing board shall meet at least once
in each calendar year and may hold additional meetings as often as it
considers necessary to conduct the business of the board. The
president of the board may call special meetings, and the executive
director shall call special meetings upon the written request of
three members of the board. The board shall organize by electing a
president and vice-president from its veterinarian members and such
other officers as the board prescribes by rule. Each officer shall
serve for a term specified by board rule or until a successor is
elected and qualified. A quorum of the board consists of four members
of which at least three are members who are veterinarians. The
concurrence of four members is necessary for the board to take any
action.

(B)
The board may appoint a person, not one of its members, to serve as
its executive director. The executive director is in the unclassified
service and serves at the pleasure of the board. The executive
director shall serve as the board's secretary-treasurer ex officio.
The board may employ additional employees for professional,
technical, clerical, and special work as it considers necessary. The
executive director shall give a surety bond to the state in the sum
the board requires, conditioned upon the faithful performance of the
executive director's duties. The board shall pay the cost of the
bond. The executive director shall keep a complete accounting of all
funds received and of all vouchers presented by the board to the
director of budget and management for the disbursement of funds. The
president or executive director shall approve all vouchers of the
board. All money received by the board shall be credited to the
occupational licensing and regulatory fund.

(C)
In addition to any other duty required under this chapter, the board
shall do all of the following:

(1)
Prescribe a seal;

(2)
Review the results of
board-appproved

board-approved
,
nationally recognized examinations taken by applicants in accordance
with rules adopted by the board.

(3)
Keep a record of all of its meetings and proceedings;

(4)
Maintain a register that records all applicants for a certificate of
license or a temporary permit, all persons who have been denied a
license or permit, all persons who have been granted or reissued a
license or permit, and all persons whose license or permit has been
revoked or suspended. The register shall also include a record of
persons licensed prior to October 17, 1975.

(5)
Maintain a register, in such form as the board determines by rule, of
all colleges and universities that teach veterinary medicine and
veterinary technology that are approved by the board;

(6)
Enforce this chapter, and for that purpose, make investigations
relative as provided in section 4741.26 of the Revised Code;

(7)
Issue licenses and permits to persons who meet the qualifications set
forth in this chapter;

(8)
Approve colleges and universities which meet the board's requirements
for veterinary medicine and associated fields of study and withdraw
or deny, after an adjudication conducted in accordance with Chapter
119. of the Revised Code, approval from colleges and universities
which fail to meet those requirements;

(9)
Adopt rules, in accordance with Chapter 119. of the Revised Code,
which are necessary for its government

and for the administration and enforcement of this chapter
.

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

(1)
Subpoena witnesses and require their attendance and testimony, and
require the production by witnesses of books, papers, public records,
animal patient records, and other documentary evidence and examine
them, in relation to any matter that the board has authority to
investigate, inquire into, or hear. Except for any officer or
employee of the state or any political subdivision of the state, the
treasurer of state shall pay all witnesses in any proceeding before
the board, upon certification from the board, witness fees and
mileage in the amount provided for under section 119.094 of the
Revised Code.

(2)
Examine and inspect books, papers, public records, animal patient
records, and other documentary evidence at the location where the
books, papers, records, and other evidence are normally stored or
maintained.

(E)
All registers, books, and records kept by the board are the property
of the board and are open for public examination and inspection at
all reasonable times in accordance with section 149.43 of the Revised
Code. The registers, books, and records are prima-facie evidence of
the matters contained in them.

Sec.
4741.221.
(A)

The
state veterinary medical licensing board may, prior to or after a
hearing conducted under section 4741.22 of the Revised Code, and in
lieu of taking or in addition to any action it may take under that
section, refer any veterinarian or registered veterinarian
technician:

(1)

(A)

Who
experiences alcohol or substance abuse, to the Ohio veterinary
medical association special assistance committee, the Ohio physicians
health program, or an advocacy group approved by the board, for
support and assistance in the coordination of the treatment of that
veterinarian or technician;

(2)
(B)

Who has violated any provision of this chapter for any offense for
which the board normally would not seek the revocation or suspension
of the person's license or registration, to the Ohio veterinary
medical association special committee on peer review.

(B)
To implement this section, the board shall adopt rules in accordance
with Chapter 119. of the Revised Code.

Sec.
4741.45.
The
state veterinary medical licensing board, in accordance with Chapter
119. of the Revised Code, shall adopt rules that do all of the
following:

(A)
Define "large animal veterinary services," "veterinary
services necessary to implement or enforce the law," and
"veterinary services necessary to protect public health";

(B)
Designate veterinary resource shortage areas comprised of areas in
this state that have limited access to each of the following:

(1)
Large animal veterinary services;

(2)
Veterinary services necessary to implement or enforce the law;

(3)
Veterinary services necessary to protect public health.

The
designations may apply to a geographic area, one or more facilities
within a particular area, or a population group of animals within a
particular area.

(C)
Establish priorities among veterinary resource shortage areas for use
in recruiting veterinarians under the veterinarian loan repayment
program;

(D)
Establish priorities for use in determining eligibility among
applicants for participation in the veterinarian loan repayment
program
;

(E)
Establish any other requirement or procedure that is necessary to
implement and administer sections 4741.40 to 4741.47 of the Revised
Code
.

In
adopting the rules, the board shall consult with the state
veterinarian.

Sec.
4741.51.
(A)

The
state veterinary medical licensing board, in accordance with Chapter
119. of the Revised Code, shall adopt rules
necessary
to implement and administer
for
purposes of
the
veterinarian student debt assistance program
.

(B)
Rules adopted under division (A) of this section shall
to

do
all of the following:

(1)

(A)

Establish
procedures for the selection of veterinarian student debt assistance
recipients, including the development of a lottery system for
selecting who, from the list of eligible veterinarians, will receive
assistance. The rules shall require that the selection of recipients
occur in each odd-numbered calendar year.

(2)

(B)

Provide
for a method to determine the amount that each recipient of
veterinarian student debt assistance receives if selected through the
lottery system. The rules shall require that all recipients receive
the same amount of assistance in each year in which assistance is
awarded. The rules also shall require that the amount awarded to each
recipient is not less than five thousand dollars and not more than
ten thousand dollars.

(3)

(C)

Establish
the types of charitable veterinarian services that qualify for
application to and participation in the program, including, but not
limited to, spay and neutering services. The rules shall require an
applicant to complete charitable veterinarian services in service to
a nonprofit organization, a humane society established under Chapter
1717. of the Revised Code, a law enforcement agency, or a state,
local, or federal government entity. The rules also shall require
each recipient of veterinarian student debt assistance to submit
information to the board that details the charitable veterinarian
services completed by the veterinarian.

(4)
(D)

Establish the minimum amount of time that a veterinarian must have
performed charitable veterinarian services to be eligible to apply to
the program. The number of hours shall be not less than twelve.

(5)
(E)

Establish the minimum period of time, not to exceed two years, that a
veterinarian must agree to reside in this state under a contract
entered into under section 4741.54 of the Revised Code;

(6)

(F)

Provide
for the inclusion of information regarding the program on application
forms for both an initial veterinary license and a renewal of a
veterinary license
;

(7)
Establish any other procedures and requirements that the board
determines is necessary to administer and implement the program
.

Sec.
4743.041.
(A)
As used in this section:

"Active
guard and reserve" has the meaning defined in 10 U.S.C. 101.

"Military
duty" includes service in the uniformed services on active duty,
in the active guard and reserve, and as a military technician dual
status under 10 U.S.C. 10216.

"Uniformed
services" has the meaning defined in section 5747.01 of the
Revised Code.

(B)
Pursuant to division (C) of section 4743.04 of the Revised Code, a
department, agency, or office of this state shall issue a temporary
license or certificate to practice a trade or profession to an
individual, provided that all of the following qualifications are
met:

(1)
The individual holds a valid license or certificate to practice the
trade or profession issued by any other state or jurisdiction;

(2)
The individual is in good standing in the state or jurisdiction of
licensure or certification;

(3)
The individual presents adequate proof to the department, agency, or
office of this state that the individual or the individual's spouse
is on military duty in this state; and

(4)
The individual complies with sections 4776.01 to 4776.04 of the
Revised Code if a department, agency, or office of this state
requires an applicant under the law governing the applicable trade or
profession to submit to a criminal records check to receive a license
or certificate.

(C)
A department, agency, or office of this state may, under this
section, issue a regular license or certificate in lieu of issuing a
temporary license or certificate, provided that the applicant meets
the requirements of this section, and provided that the regular
license is issued by the deadline specified in division (D) of this
section.

(D)
If the department, agency, or office of this state requires an
individual under the law governing the applicable trade or profession
to submit to a criminal records check to receive a license or
certificate, and the individual applies for a license or certificate
under this section, the department, agency, or office of this state
shall, within twenty-four hours after receiving the report under
division (A) of section 4776.04 of the Revised Code, notify the
applicant that the department, agency, or office of this state has
received the results of a criminal records check. A department,
agency, or office of this state shall issue a temporary license or
certificate or a regular license under this section, provided that
the applicant meets the requirements of this section, within thirty
days of having received an application, or, if the applicant is
subject to a criminal records check, within fourteen days of having
received the results of a criminal records check. If the department,
agency, or office of this state finds that the individual is under
investigation by the licensing agency of any other state or
jurisdiction, the department, agency, or office of this state may
postpone issuing the license or certificate until the investigation
is complete and the licensing agency of the other state or
jurisdiction confirms that the individual is in good standing. The
department, agency, or office of this state shall verify the standing
of the license or certificate issued by another state or jurisdiction
when the temporary license is up for renewal. No temporary license
shall be valid for a period of more than six years.

(E)
A department, agency, or office of this state shall, in accordance
with Chapter 119. of the Revised Code, deny an individual a temporary
license or certificate issued under this section or revoke an
individual's temporary license or certificate issued under this
section if any of the following circumstances occur:

(1)
The individual's license or certificate issued by another state or
jurisdiction expires or is revoked, or the individual is not in good
standing;

(2)
With respect to an individual who was eligible for a temporary
license under this section as the spouse of an individual on military
duty, six months have elapsed since the divorce, dissolution, or
annulment of the marriage;

(3)
The individual is disqualified from obtaining a license in the trade
or profession because of a conviction, judicial finding of guilt, or
plea of guilty to a disqualifying criminal offense specified on the
list the department, agency, or office of this state makes available
pursuant to division (C) of section 9.78 of the Revised Code.

(F)
An individual with a temporary license or certificate or a regular
license issued under this section may practice the trade or
profession in this state only within the scope and practice that is
permitted under Ohio law and that does not exceed the individual's
training.

(G)
Notwithstanding any other provision of the Revised Code, a
department, agency, or office of this state shall waive all fees
associated with the issuance of a temporary license or certificate
issued under this section.

(H)

Each
department, agency, or office of this state that issues a license or
certificate to practice a trade or profession shall adopt rules under
Chapter 119. of the Revised Code as necessary to implement this
section.

(I)

Each
department, agency, or office of this state that issues a license or
certificate to practice a trade or profession, shall, upon the
conclusion of the state fiscal year, prepare a report on the number
and type of temporary licenses or certificates that were issued
during the fiscal year under this section. The report shall be
provided to the director of veterans services not later than thirty
days after the end of the fiscal year. The director shall compile the
reports and make them available to the public.

(J)
(I)

A license or certificate issued under this section shall be
considered a license issued under the laws regulating the practice of
the applicable occupation or profession in this state. Provisions of
law applicable to a license issued to an applicant who does not
obtain a license under this section apply in the same manner to
licenses issued under this section.

(K)
(J)

Chapter 4796. of the Revised Code does not apply to a license or
certificate issued under this section.

(L)

(K)

A
department, agency, or office of this state shall not require an
individual who meets the requirements of this section to apply for
the license or certificate under Chapter 4796. of the Revised Code.
However, the individual may elect to apply for the license or
certificate under Chapter 4796. of the Revised Code.

Sec.
4743.09.
(A)
As used in this section:

(1)
"Durable medical equipment" means a type of equipment, such
as a remote monitoring device utilized by a physician, physician
assistant, or advanced practice registered nurse in accordance with
this section, that can withstand repeated use, is primarily and
customarily used to serve a medical purpose, and generally is not
useful to a person in the absence of illness or injury and, in
addition, includes repair and replacement parts for the equipment.

(2)
"Facility fee" means any fee charged or billed for
telehealth services provided in a facility that is intended to
compensate the facility for its operational expenses and is separate
and distinct from a professional fee.

(3)
"Health care professional" means:

(a)
An advanced practice registered nurse, as defined in section 4723.01
of the Revised Code;

(b)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(c)
A pharmacist licensed under Chapter 4729. of the Revised Code;

(d)
A physician assistant licensed under Chapter 4730. of the Revised
Code;

(e)
A physician licensed under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(f)
A psychologist, independent school psychologist, or school
psychologist licensed under Chapter 4732. of the Revised Code;

(g)
A chiropractor licensed under Chapter 4734. of the Revised Code;

(h)
An audiologist or speech-language pathologist licensed under Chapter
4753. of the Revised Code;

(i)
An occupational therapist or physical therapist licensed under
Chapter 4755. of the Revised Code;

(j)
An occupational therapy assistant or physical therapist assistant
licensed under Chapter 4755. of the Revised Code;

(k)
A professional clinical counselor, independent social worker,
independent marriage and family therapist, art therapist, or music
therapist licensed under Chapter 4757. of the Revised Code;

(l)
An independent chemical dependency counselor licensed under Chapter
4758. of the Revised Code;

(m)
A dietitian licensed under Chapter 4759. of the Revised Code;

(n)
A respiratory care professional licensed under Chapter 4761. of the
Revised Code;

(o)
A genetic counselor licensed under Chapter 4778. of the Revised Code;

(p)
A certified Ohio behavior analyst certified under Chapter 4783. of
the Revised Code;

(q)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code.

(4)
"Health care professional licensing board" means any of the
following:

(a)
The board of nursing;

(b)
The state vision professionals board;

(c)
The state board of pharmacy;

(d)
The state medical board;

(e)
The state board of psychology;

(f)
The state chiropractic board;

(g)
The state speech and hearing professionals board;

(h)
The Ohio occupational therapy, physical therapy, and athletic
trainers board;

(i)
The counselor, social worker, and marriage and family therapist
board;

(j)
The chemical dependency professionals board.

(5)
"Health plan issuer" has the same meaning as in section
3922.01 of the Revised Code.

(6)
"Telehealth services" means health care services provided
through the use of information and communication technology by a
health care professional, within the professional's scope of
practice, who is located at a site other than the site where either
of the following is located:

(a)
The patient receiving the services;

(b)
Another health care professional with whom the provider of the
services is consulting regarding the patient.

(B)(1)
Each health care professional licensing board shall permit a health
care professional under its jurisdiction to provide the
professional's services as telehealth services in accordance with
this section.
Subject
to division (B)(2) of this section, a board may adopt any rules it
considers necessary to implement this section. All rules adopted
under this section shall be adopted in accordance with Chapter 119.
of the Revised Code. Any such rules adopted by a board are not
subject to the requirements of division (F) of section 121.95 of the
Revised Code.

(2)(a)
Except as provided in division (B)(2)(b) of this section,
the
rules adopted by
a
health care professional licensing board
may
adopt rules
under

this
section shall
Chapter
119. of the Revised Code to
establish
a standard of care for telehealth services that is equal to the
standard of care for in-person services.

(b)
Subject to division (B)(2)(c) of this section, a board may require an
initial in-person visit prior to prescribing a schedule II controlled
substance to a new patient, equivalent to applicable state and
federal requirements.

(c)(i)
A board shall not require an initial in-person visit for a new
patient whose medical record indicates that the patient is receiving
hospice or palliative care, who is receiving medication-assisted
treatment or any other medication for opioid-use disorder, who is a
patient with a mental health condition, or who, as determined by the
clinical judgment of a health care professional, is in an emergency
situation.

(ii)
Notwithstanding division (B) of section 3796.01 of the Revised Code,
medical marijuana shall not be considered a schedule II controlled
substance.

(C)
With respect to the provision of telehealth services, all of the
following apply:

(1)
A health care professional may use synchronous or asynchronous
technology to provide telehealth services to a patient during an
initial visit if the appropriate standard of care for an initial
visit is satisfied.

(2)
A health care professional may deny a patient telehealth services
and, instead, require the patient to undergo an in-person visit.

(3)
When providing telehealth services in accordance with this section, a
health care professional shall comply with all requirements under
state and federal law regarding the protection of patient
information. A health care professional shall ensure that any
username or password information and any electronic communications
between the professional and a patient are securely transmitted and
stored.

(4)
A health care professional may use synchronous or asynchronous
technology to provide telehealth services to a patient during an
annual visit if the appropriate standard of care for an annual visit
is satisfied.

(5)
In the case of a health care professional who is a physician,
physician assistant, or advanced practice registered nurse, both of
the following apply:

(a)
The professional may provide telehealth services to a patient located
outside of this state if permitted by the laws of the state in which
the patient is located.

(b)
The professional may provide telehealth services through the use of
medical devices that enable remote monitoring, including such
activities as monitoring a patient's blood pressure, heart rate, or
glucose level.

(D)
When a patient has consented to receiving telehealth services, the
health care professional who provides those services is not liable in
damages under any claim made on the basis that the services do not
meet the same standard of care that would apply if the services were
provided in-person.

(E)(1)
A health care professional providing telehealth services shall not
charge a patient or a health plan issuer covering telehealth services
under section 3902.30 of the Revised Code any of the following: a
facility fee, an origination fee, or any fee associated with the cost
of the equipment used at the provider site to provide telehealth
services.

A
health care professional providing telehealth services may charge a
health plan issuer for durable medical equipment used at a patient or
client site.

(2)
A health care professional may negotiate with a health plan issuer to
establish a reimbursement rate for fees associated with the
administrative costs incurred in providing telehealth services as
long as a patient is not responsible for any portion of the fee.

(3)
A health care professional providing telehealth services shall obtain
a patient's consent before billing for the cost of providing the
services, but the requirement to do so applies only once.

(F)
Nothing in this section limits or otherwise affects any other
provision of the Revised Code that requires a health care
professional who is not a physician to practice under the supervision
of, in collaboration with, in consultation with, or pursuant to the
referral of another health care professional.

(G)
It is the intent of the general assembly, through the amendments to
this section, to expand access to and investment in telehealth
services in this state in congruence with the expansion and
investment in telehealth services made during the COVID-19 pandemic.

Sec.
4745.04.
(A)
As used in this section:

(1)
"Indigent and uninsured person" and "volunteer"
have the same meanings as in section 2305.234 of the Revised Code.

(2)
"Licensing agency that licenses health care professionals"
means all of the following:

(a)
The state dental board established under Chapter 4715. of the Revised
Code;

(b)
The board of nursing established under Chapter 4723. of the Revised
Code;

(c)
The state vision professionals board established under Chapter 4725.
of the Revised Code;

(d)
The state board of pharmacy established under Chapter 4729. of the
Revised Code;

(e)
The state medical board established under Chapter 4731. of the
Revised Code;

(f)
The state board of psychology established under Chapter 4732. of the
Revised Code;

(g)
The state chiropractic board established under Chapter 4734. of the
Revised Code;

(h)
The Ohio occupational therapy, physical therapy, and athletic
trainers board established under Chapter 4755. of the Revised Code;

(i)
The counselor, social worker, and marriage and family therapist board
established under Chapter 4757. of the Revised Code;

(j)
The chemical dependency professionals board established under Chapter
4758. of the Revised Code;

(k)
The state board of emergency medical services established under
Chapter 4765. of the Revised Code;

(l)
The state speech and hearing professionals board established under
Chapter 4744. of the Revised Code;

(m)
Any other licensing agency that considers its licensees to be health
care professionals.

(B)
Notwithstanding any provision of the Revised Code to the contrary, a
licensing agency that licenses health care professionals shall apply
toward the satisfaction of a portion of a licensee's continuing
education requirement the provision of health care services if all of
the following apply:

(1)
The licensing agency that licenses health care professionals requires
a licensee to complete continuing education as a condition of having
a license renewed by the agency.

(2)
The licensee provides the health care services to an indigent and
uninsured person.

(3)
The licensee provides the health care services as a volunteer.

(4)
The licensee satisfies the requirements of section 2305.234 of the
Revised Code to qualify for the immunity from liability granted under
that section.

(5)
The health care services provided are within the scope of authority
of the licensee renewing the license.

(C)(1)
Except as provided in division (C)(2) of this section, a licensing
agency that licenses health care professionals shall permit a
licensee to satisfy up to one-third of the licensee's continuing
education requirement by providing health care services as a
volunteer. A licensing agency that licenses health care professionals
shall permit a licensee to earn continuing education credits at the
rate of one credit hour for each sixty minutes spent providing health
care services as a volunteer.

(2)
In the case of a person holding a license to practice medicine and
surgery, osteopathic medicine and surgery, or podiatric medicine and
surgery, the state medical board shall permit the person to satisfy
not more than ten hours of the person's continuing education
requirement by providing health care services as a volunteer. The
board shall permit a licensee to earn continuing education credits at
the rate of one credit hour for every five hours spent providing
health care services as a volunteer.

(D)

A
licensing agency that licenses health care professionals shall adopt
rules as necessary to implement this section. The rules shall be
adopted in accordance with Chapter 119. of the Revised Code.

(E)

Continuing
education credit received under this section for providing health
care services is not compensation or any other form of remuneration
for purposes of section 2305.234 of the Revised Code and does not
make the provider of those services ineligible for the immunity from
liability granted under that section.

Sec.
4747.04.
(A)
The state speech and hearing professionals board shall:

(1)
Establish the nature and scope of qualifying examinations in
accordance with section 4747.08 of the Revised Code;

(2)
Determine whether persons holding similar valid licenses from other
jurisdictions other than other states shall be required to take and
successfully pass the appropriate qualifying examination as a
condition for licensing in this state;

(3)
Review complaints and conduct investigations in accordance with
section 4747.13 of the Revised Code and hold any hearings that are
necessary to carry out this chapter;

(4)
Determine and specify the length of time each license that is
suspended or revoked shall remain suspended or revoked;

(5)
Deposit all payments collected under this chapter into the state
treasury to the credit of the occupational licensing and regulatory
fund created in section 4743.05 of the Revised Code;

(6)
Establish a list of disqualifying offenses for licensure as a hearing
aid dealer or fitter, or for a hearing aid dealer or fitter trainee
permit, pursuant to sections 9.79, 4747.05, 4747.10, 4747.12, and
4776.10 of the Revised Code.

(B)
The board shall adopt
reasonable

rules,
in accordance with Chapter 119. of the Revised Code,

necessary for the administration of this chapter. The board shall

that

include
all of the following

in those rules
:

(1)
The amount of any fees required under this chapter;

(2)
The information to be included in a hearing aid receipt provided by a
licensed hearing aid dealer or fitter to a person under section
4747.09 of the Revised Code;

(3)
The amount of time a licensed hearing aid dealer or fitter or trainee
permit holder has to provide the notice of a change in address or
addresses required under section 4747.11 of the Revised Code and any
other requirements relating to the notice;

(4)
Any additional conduct for which the board may discipline a licensee
or permit holder under section 4747.12 of the Revised Code.

(C)
Nothing in this section shall be interpreted as granting to the board
the right to restrict advertising which is not false or misleading,
or to prohibit or in any way restrict a hearing aid dealer or fitter
from renting or leasing space from any person, firm or corporation in
a mercantile establishment for the purpose of using such space for
the lawful sale of hearing aids or to prohibit a mercantile
establishment from selling hearing aids if the sale would be
otherwise lawful under this chapter.

Sec.
4749.02.
The
director of public safety shall administer this chapter, and for that
purpose, may appoint employees

and adopt rules that the director considers necessary
.

The
director shall implement electronic licensing and registration
procedures under this chapter not later than December 31, 2006. The
application procedures in effect on
the
effective date of this amendment
June
29, 2005,

shall continue until such time as electronic licensing and
registration procedures are implemented.

Sec.
4749.08.
(A)
No class A, B, or C licensee, or registered employee of a class A, B,
or C licensee shall be considered, because of licensure or
registration under this chapter, a law enforcement officer for any
purpose. Nothing in this chapter shall be construed as granting the
right to carry a concealed weapon.

(B)
The
rules
of the
department
of public safety
adopted
for the administration of this chapter
shall

include
provisions
adopt
rules
to
assure that any uniform or identification card shall be so designed
as to avoid confusion of a private investigator, security guard
provider, or registered employee with any law enforcement officer in
this state.

Sec.
4751.03.
There
is hereby created in the state treasury the board of executives of
long-term services and supports fund. The fund shall consist of the
amounts the board of executives of long-term services and supports
collects under this chapter as fees, civil penalties, and fines. The
board shall use the money in the fund to administer and enforce this
chapter

and the rules adopted under section 4751.04 of the Revised Code
.
Investment earnings of the fund shall be credited to the fund.

Sec.
4751.10.
No
person shall knowingly do any of the following:

(A)
Operate a nursing home unless it is under the supervision of an
administrator whose principal occupation is nursing home
administration or hospital administration and who is a licensed
nursing home administrator;

(B)
Practice or offer to practice nursing home administration unless the
person is a licensed nursing home administrator;

(C)
Use any of the following unless the person is a licensed nursing home
administrator:

(1)
The title "licensed nursing home administrator," "nursing
home administrator," "licensed assistant nursing home
administrator," or "assistant nursing home administrator";

(2)
The acronym "LNHA," "L.N.H.A.," "NHA,"
"N.H.A.," "LANHA," "L.A.N.H.A.,"
"ANHA," or "A.N.H.A." after the person's name;

(3)
Any other words, letters, signs, cards, or devices that tend to
indicate or imply that the person is a licensed nursing home
administrator.

(D)
Use any of the following unless the person is a licensed health
services executive:

(1)
The title "licensed health services executive" or "health
services executive";

(2)
The acronym "LHSE," "L.H.S.E.," "HSE,"
or "H.S.E." after the person's name;

(3)
Any other words, letters, signs, cards, or devices that tend to
indicate or imply that the person is a licensed health services
executive.

(E)
Sell, fraudulently furnish, fraudulently obtain, or aid or abet
another person in selling, fraudulently furnishing, or fraudulently
obtaining either of the following:

(1)
A nursing home administrator license;

(2)
A health services executive license.

(F)
Otherwise violate any of the provisions of this chapter

or the rules adopted under section 4751.04 of the Revised Code
.

Sec.
4751.15.
The
board of executives of long-term services and supports shall
administer, or contract with a government or private entity to
administer, examinations that an individual must pass to obtain a
nursing home administrator license under section 4751.20 of the
Revised Code. If the board contracts with a government or private
entity to administer the examinations, the contract may authorize the
entity to collect and keep, as all or part of the entity's
compensation under the contract, any fee an individual pays to take
the examination. The entity is not required to deposit the fee into
the state treasury.

To
be admitted to an examination administered under this section, an
individual must pay the examination fee charged by the board or
government or private entity. If an individual fails three times to
pass the examination, the individual, before being admitted to the
examination a subsequent time, also must satisfy any education
requirements, experience requirements, or both, that may be
prescribed in rules adopted under
section
4751.04
Chapter
119.
of
the Revised Code in addition to any education requirements or
experience requirements that must be satisfied to obtain a nursing
home administrator license under section 4751.20 of the Revised Code.

Sec.
4751.20.
(A)
Except as provided in section 4751.201 of the Revised Code, and
subject to section 4751.32 of the Revised Code, the board of
executives of long-term services and supports shall issue a nursing
home administrator license to an individual under this section if all
of the following requirements are satisfied:

(1)
The individual has submitted to the board a completed application for
the license

in accordance with rules adopted under section 4751.04 of the Revised
Code

and paid an application fee of two hundred fifty dollars.

(2)
If the individual is required
by
rules adopted under section 4751.04 of the Revised Code
to
serve as a nursing home administrator resident, the individual has
paid to the board the application fee of two hundred fifty dollars.

(3)
The individual is at least twenty-one years of age.

(4)
The individual has successfully completed educational requirements
and work experience

specified in rules adopted under section 4751.04 of the Revised Code
,
including
,
if so required by the rules,

experience obtained as a nursing home administrator resident.

(5)
The individual has complied with section 4776.02 of the Revised Code
regarding a criminal records check.

(6)
The board, in accordance with section 9.79 of the Revised Code, has
determined that the results of the criminal records check do not make
the individual ineligible for the license.

(7)
Except as provided in division (B) of this section, the individual
has passed the licensing examination administered under section
4751.15 of the Revised Code.

(8)
The individual has paid to the board three hundred fifty dollars for
a temporary license issued under division (B) of this section.

(9)
The individual has paid to the board a license fee of eight hundred
dollars.

(10)
The individual has satisfied any additional requirements as may be
prescribed in rules adopted under section 4751.04 of the Revised
Code.

(B)
Beginning January 1, 2025, the operator of a nursing home may request
that the board issue a nursing home administrator license to an
individual who meets the requirements specified in division (A) of
this section but has not passed the licensing examination
administered under section 4751.15 of the Revised Code, in order to
fill a vacancy in the position of nursing home administrator at the
nursing home resulting from a death, illness, or other unexpected
cause. An individual issued a license under division (B) of this
section shall submit to the board, not later than one hundred eighty
days after a license is issued, satisfactory evidence that the
individual has passed the licensing examination administered under
section 4751.15 of the Revised Code.

(C)
A nursing home administrator license shall certify that the
individual to whom it was issued has met the applicable requirements
of this chapter
and
any applicable rules adopted under section 4751.04 of the Revised
Code
and
is authorized to practice nursing home administration while the
license is valid.

Sec.
4751.21.
(A)
Except as provided in section 4751.201 of the Revised Code, and
subject to section 4751.32 of the Revised Code, the board of
executives of long-term services and supports shall issue a health
services executive license to an individual if all of the following
requirements are satisfied:

(1)
The individual has submitted to the board a completed application for
the license

in accordance with rules adopted under section 4751.04 of the Revised
Code
.

(2)
The individual is a licensed nursing home administrator.

(3)
The individual has obtained the health services executive
qualification through the national association of long-term care
administrator boards.

(4)
The individual has complied with section 4776.02 of the Revised Code
regarding a criminal records check.

(5)
The board, in accordance with section 9.79 of the Revised Code, has
determined that the results of the criminal records check do not make
the individual ineligible for the license.

(6)
The individual has paid to the board a license fee of one hundred
dollars.

(B)
A health services executive license shall certify that the individual
to whom it was issued has met the applicable requirements of this
chapter
and
any applicable rules adopted under section 4751.04 of the Revised
Code
and
is a licensed health services executive while the license is valid.

Sec.
4751.24.
(A)
Subject to section 4751.32 of the Revised Code, a nursing home
administrator license is valid for two years and may be renewed and
reinstated in accordance with this section.

(B)
If a licensed nursing home administrator intends to continue to
practice nursing home administration without interruption after the
administrator's license expires, the administrator shall apply to the
board of executives of long-term services and supports for a renewed
nursing home administrator license. Subject to section 4751.32 of the
Revised Code, the board shall renew the license if the administrator
does all of the following before the license expires:

(1)
Submits to the board a completed application for license renewal

in accordance with rules adopted under section 4751.04 of the Revised
Code
;

(2)
Pays to the board the license renewal fee of eight hundred dollars;

(3)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted under
section
4751.04
Chapter
119.

of the Revised Code
;

(4)
Satisfies any other requirements as may be prescribed in rules
adopted under section 4751.04 of the Revised Code
.

(C)
If a nursing home administrator license issued under section 4751.20
or 4751.201 of the Revised Code is not renewed before it expires, the
individual who held the license may apply to the board for the
license's reinstatement. Subject to section 4751.32 of the Revised
Code, the board shall reinstate the license if the individual does
all of the following not later than one year after the date the
license expired:

(1)
Submits to the board the completed application for license
reinstatement

in accordance with rules adopted under section 4751.04 of the Revised
Code
;

(2)
Pays to the board the license reinstatement fee equal to the sum of
the following:

(a)
Eight hundred dollars;

(b)
Fifty dollars for each calendar quarter that occurs during the period
beginning on the date the license expires and ending on the last day
of the calendar quarter during which the individual applies for
license reinstatement, up to a maximum of two hundred dollars.

(3)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted by the board under
section
4751.04
Chapter
119.
of
the Revised Code
;

(4)
Satisfies any other requirements as may be prescribed in rules
adopted under section 4751.04 of the Revised Code
.

(D)
A licensed nursing home administrator who determines to temporarily
abandon the practice of nursing home administration shall notify the
board in writing immediately. The former administrator may thereafter
resume the practice of nursing home administration within the state
upon complying with the requirements of this section regarding
biennial license renewal or license reinstatement, whichever is
applicable.

Sec.
4751.25.
(A)
Subject to section 4751.32 of the Revised Code, a health services
executive license is valid for one year and may be renewed and
reinstated in accordance with this section.

(B)
A licensed health services executive may apply to the board of
executives of long-term services and supports for a renewed license.
Subject to section 4751.32 of the Revised Code, the board shall renew
the license if the licensed health services executive does all of the
following before the license expires:

(1)
Submits to the board the completed application for license renewal

in accordance with rules adopted under section 4751.04 of the Revised
Code
;

(2)
Pays to the board the license renewal fee of one hundred dollars;

(3)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted under
section
4751.04
Chapter
119.
of
the Revised Code.

(C)(1)
If a health services executive license is not renewed before it
expires, the individual who held the license may apply to the board
for the license's reinstatement. Subject to section 4751.32 of the
Revised Code, the board shall reinstate the license if the individual
does all of the following not later than one year after the date the
license expired:

(a)
Submits to the board the completed application for license
reinstatement

in accordance with rules adopted under section 4751.04 of the Revised
Code
;

(b)
Pays to the board the license reinstatement fee specified in division
(C)(2) of this section;

(c)
Submits to the board satisfactory evidence of having attended such
continuing education programs or courses of study as may be
prescribed in rules adopted under
section
4751.04
Chapter
119.
of
the Revised Code.

(2)
The fee to reinstate a health services executive license under
division (C)(1) of this section is the following:

(a)
If the individual applying for reinstatement has, at the same time,
applied for reinstatement of a nursing home administrator license
under division (C) of section 4751.24 of the Revised Code and paid
the reinstatement fee required by division (C)(2) of that section,
one hundred dollars;

(b)
If division (C)(2)(a) of this section does not apply to the
individual, the sum of the following:

(i)
One hundred dollars;

(ii)
Twenty-five dollars for each calendar quarter that occurs during the
period beginning on the date the license expired and ending on the
last day of the calendar quarter during which the individual applies
for license reinstatement, up to a maximum of one hundred dollars.

Sec.
4751.30.
(A)
Any person may submit to the board of executives of long-term
services and supports a complaint that the person reasonably believes
that another person has violated, or failed to comply with a
requirement of, this chapter

or a rule adopted under section 4751.04 of the Revised Code
.
All of the following apply to complaints submitted to the board under
this section:

(1)
Complaints and all information and documentation related to an
investigation conducted by the board pursuant to a complaint, are
confidential and not subject to discovery in any civil action, except
that the confidential information may be used by the board in any
hearing it conducts pursuant to Chapter 119. of the Revised Code.

(2)
Complaints are not public records for purposes of section 149.43 of
the Revised Code.

(3)
Complaints are not subject to inspection or copying under section
1347.08 of the Revised Code.

(B)
Except as provided in division (D) of section 4751.31 of the Revised
Code, the board shall protect the confidentiality of each person who
submits a complaint to the board under this section. Any entity that
receives confidential information shall maintain the confidentiality
of the information in the same manner as the board, notwithstanding
any conflicting provision of the Revised Code or procedure of the
entity.

(C)
Information that is confidential under this section may be admitted
in a judicial proceeding only in accordance with the Rules of
Evidence of the court. The court shall require that appropriate
measures are taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other
identifying information about patients or a person who submitted a
complaint to the board under this section. The court shall take
measures to ensure confidentiality, which may include sealing records
or redacting or deleting specific information from records.

Sec.
4751.31.
(A)
The board of executives of long-term services and supports shall
receive, investigate, and take appropriate action with respect to any
complaint submitted to the board under section 4751.30 of the Revised
Code and any other credible information the board possesses that
indicates a person may have violated, or failed to comply with a
requirement of, this chapter

or a rule adopted under section 4751.04 of the Revised Code
.

(B)
In conducting an investigation under this section, the board may do
any of the following:

(1)
Question witnesses;

(2)
Conduct interviews;

(3)
Inspect and copy any books, accounts, papers, records, or other
documents;

(4)
Issue subpoenas;

(5)
Compel the attendance of witnesses and the production of documents
and testimony.

(C)
No member of the board who supervises an investigation conducted
under this section shall participate in any adjudication arising from
the investigation.

(D)
The board may disclose any information it receives as part of an
investigation conducted under this section, including the identity of
a person who submits a complaint under section 4751.30 of the Revised
Code, to a law enforcement agency, licensing board, or other
government agency that investigates, prosecutes, or adjudicates
alleged violations of statutes or rules. An agency or board that
receives such information shall protect the confidentiality of a
person who submits a complaint under section 4751.30 of the Revised
Code in the same manner as the board of executives of long-term
services and supports, notwithstanding any other information that the
agency or other board possesses.

Sec.
4751.32.
(A)
Except as provided in division (D) of this section, the board of
executives of long-term services and supports may take any of the
actions authorized by division (B) of this section against an
individual who has applied for or holds a nursing home administrator
license or health services executive license if any of the following
apply to the individual:

(1)
The individual has failed to satisfy any requirement established by
this chapter

or the rules adopted under section 4751.04 of the Revised Code

that must be satisfied to obtain the license or temporary license.

(2)
The individual has violated, or failed to comply with a requirement
of, this chapter
or
a rule adopted under section 4751.04 of the Revised Code
regarding
the practice of nursing home administration, including the
requirements of sections 4751.40 and 4751.41 of the Revised Code.

(3)
The individual is unfit or incompetent to practice nursing home
administration, serve in a leadership position at a long-term
services and supports setting, or direct the practices of others in
such a setting by reason of negligence, habits, or other causes,
including the individual's habitual or excessive use or abuse of
drugs, alcohol, or other substances.

(4)
The individual has acted in a manner inconsistent with the health and
safety of either of the following:

(a)
The residents of the nursing home at which the individual practices
nursing home administration;

(b)
The consumers of services and supports provided by a long-term
services and supports setting at which the individual serves in a
leadership position or directs the practices of others.

(5)
The individual has been convicted of, or pleaded guilty to, either of
the following in a court of competent jurisdiction, either within or
without this state:

(a)
A felony;

(b)
An offense of moral turpitude that constitutes a misdemeanor in this
state.

(6)
The individual made a false, fraudulent, deceptive, or misleading
statement in seeking to obtain, or obtaining, a nursing home
administrator license or health services executive license.

(7)
The individual made a fraudulent misrepresentation in attempting to
obtain, or obtaining, money or anything of value in the practice of
nursing home administration or while serving in a leadership position
at a long-term services and supports setting or directing the
practices of others in such a setting.

(8)
The individual has substantially deviated from the board's code of
ethics.

(9)
Another health care licensing agency has taken any of the following
actions against the individual for any reason other than nonpayment
of a fee:

(a)
Denied, refused to renew or reinstate, limited, revoked, or
suspended, or accepted the surrender of, a license or other
authorization to practice;

(b)
Imposed probation;

(c)
Issued a censure or other reprimand.

(10)
The individual has failed to do any of the following:

(a)
Cooperate with an investigation conducted by the board under section
4751.31 of the Revised Code;

(b)
Respond to or comply with a subpoena issued by the board in an
investigation of the individual;

(c)
Comply with any disciplinary action the board has taken against the
individual pursuant to this section.

(B)
The following are the actions that the board may take for the purpose
of division (A) of this section:

(1)
Deny the individual any of the following:

(a)
A nursing home administrator license under section 4751.20, 4751.201,
4751.23, or 4751.24 of the Revised Code;

(b)
A health services executive license under section 4751.201, 4751.21,
4751.23, or 4751.25 of the Revised Code.

(2)
Suspend the individual's nursing home administrator license or health
services executive license;

(3)
Revoke the individual's nursing home administrator license or health
services executive license, either permanently or for a period of
time the board specifies;

(4)
Place a limitation on the individual's nursing home administrator
license or health services executive license;

(5)
Place the individual on probation;

(6)
Issue a written reprimand of the individual
;

(7)
Impose on the individual a civil penalty, fine, or other sanction
specified in rules adopted under section 4751.04 of the Revised Code
.

(C)
The board shall take actions authorized by division (B) of this
section in accordance with Chapter 119. of the Revised Code, except
that the board may enter into a consent agreement with an individual
to resolve an alleged violation of this chapter
or
a rule adopted under section 4751.04 of the Revised Code
in
lieu of making an adjudication regarding the alleged violation. A
consent agreement constitutes the board's findings and order with
respect to the matter addressed in the consent agreement if the board
ratifies the consent agreement. Any admissions or findings included
in a proposed consent agreement have no force or effect if the board
refuses to ratify the consent agreement.

(D)
The board shall not refuse to issue an initial nursing home
administrator license or health services executive license, unless
the refusal is in accordance with section 9.79 of the Revised Code.

Sec.
4751.45.
An
individual who is a licensed nursing home administrator or licensed
health services executive may request that the board of executives of
long-term services and supports provide to a licensing board or
agency of another state verification of the individual's licensure
status under this chapter and other related information in the
board's possession. The board shall provide the licensing board or
agency of the other state the verification and other related
information so requested if the individual pays to the board the fee
for this service. The board shall adopt a rule under
section
4751.04
Chapter
119.
of
the Revised Code establishing the fee.

Sec.
4752.17.
(A)
The state board of pharmacy shall adopt rules
to
implement and administer this chapter. The rules shall
that

do
all of the following:

(1)
Specify items considered to be home medical equipment for purposes of
divisions (B)(1) and (2) of section 4752.01 of the Revised Code;

(2)
Establish procedures for issuance and renewal of licenses and
certificates of registration under this chapter, including the duties
that may be fulfilled by the board's executive director and other
board employees;

(3)
Specify the national accrediting bodies the board recognizes for
purposes of issuing certificates of registration under this chapter;

(4)
Establish standards an applicant must meet to be eligible to be
granted a license under section 4752.05 of the Revised Code;

(5)
Establish standards for personnel policies, equipment storage,
equipment maintenance, and record keeping to be followed by home
medical equipment services providers licensed under this chapter;

(6)
Establish standards for continuing education programs in home medical
equipment services for individuals who provide home medical equipment
services while employed by or under the control of a home medical
equipment services provider licensed under this chapter;

(7)
Establish standards and procedures for inspection of home medical
equipment providers licensed under this chapter and the facilities
from which their home medical equipment services are provided;

(8)
Establish fees for issuing and renewing licenses under this chapter,
in an amount sufficient to meet the expenses the board incurs in
administering the licensing program;

(9)
Establish fees for issuing and renewing certificates of registration
under this chapter, in an amount sufficient to meet the expenses the
board incurs in administering the registration program
;

(10)
Establish any other standards, requirements, or procedures the board
considers necessary for the implementation or administration of this
chapter
.

(B)
The board may adopt rules specifying items that are considered home
medical equipment for purposes of division (B)(3) of section 4752.01
of the Revised Code.

(C)
Rules shall be adopted under this chapter in accordance with Chapter
119. of the Revised Code. Prior to adopting any rule, the board shall
consult with representatives of any association of home medical
equipment services providers that do business in this state.

Sec.
4753.05.
(A)
The state speech and hearing professionals board
may
make reasonable rules necessary for the administration of this
chapter. All rules adopted under this chapter shall be adopted in
accordance with Chapter 119. of the Revised Code.

(B)
The board
shall
determine the nature and scope of examinations to be administered to
applicants for licensure pursuant to this chapter in the practices of
speech-language pathology and audiology, and shall evaluate the
qualifications of all applicants. Written examinations may be
supplemented by
such

practical
and oral examinations

as the board shall determine by rule
.
The board shall determine
by
rule
the
minimum examination score for licensure. Licensure shall be granted
independently in speech-language pathology and audiology.

Test
materials, examinations, answer keys, or evaluation tools used in an
examination for licensure pursuant to this chapter, whether
administered by the board or by a private or government entity
pursuant to a contract, are not public records under section 149.43
of the Revised Code.

(C)
(B)

The board shall publish and make available, upon request, the
licensure and permit standards prescribed by this chapter

and rules adopted pursuant thereto
.

(D)
(C)

The board shall investigate all alleged irregularities in the
practices of speech-language pathology and audiology by persons
licensed or permitted pursuant to this chapter and any violations of
this chapter

or rules adopted by the board
.
The board shall not investigate the practice of any person
specifically exempted from licensure under this chapter by section
4753.12 of the Revised Code, as long as the person is practicing
within the scope of the person's license or is carrying out
responsibilities as described in division (G) or (H) of section
4753.12 of the Revised Code and does not claim to be a
speech-language pathologist or audiologist.

In
conducting investigations under this division, the board may
administer oaths, order the taking of depositions, issue subpoenas,
and compel the attendance of witnesses and the production of books,
accounts, papers, records, documents, and testimony. In any case of
disobedience or neglect of any subpoena served on any person or the
refusal of any witness to testify to any matter regarding which the
witness may lawfully be interrogated, the court of common pleas of
any county where such disobedience, neglect, or refusal occurs or any
judge thereof, on application by the board, shall compel obedience by
attachment proceedings for contempt, as in the case of disobedience
of the requirements of a subpoena issued from such court, or a
refusal to testify therein.

(E)
(D)

The board shall conduct such hearings as are necessary to carry out
this chapter.

Sec.
4753.06.
No
person is eligible for licensure as a speech-language pathologist or
audiologist unless:

(A)
The person has obtained a broad general education to serve as a
background for the person's specialized academic training and
preparatory professional experience. Such background may include
study from among the areas of human psychology, sociology,
psychological and physical development, the physical sciences,
especially those that pertain to acoustic and biological phenomena,
and human anatomy and physiology, including neuroanatomy and
neurophysiology.

(B)
If the person seeks licensure as a speech-language pathologist, the
person submits to the state speech and hearing professionals board an
official transcript demonstrating that the person has at least a
master's degree in speech-language pathology or the equivalent as
determined by the board. The person's academic credit must include
course work accumulated in the completion of a well-integrated course
of study approved by the board and delineated by rule dealing with
the normal aspects of human communication, development and disorders
thereof, and clinical techniques for the evaluation and the
improvement or eradication of such disorders. The course work must
have been completed at colleges or universities accredited by
regional or national accrediting organizations recognized by the
board.

(C)
If the person seeks licensure as an audiologist, the person submits
to the board an official transcript demonstrating that the person has
at least a doctor of audiology degree or the equivalent as determined
by the board. The person's academic credit must include course work
accumulated in the completion of a well-integrated course of study
approved by the board and delineated by rules dealing with the normal
aspects of human hearing, balance, and related development and
clinical evaluation, audiologic diagnosis, and treatment of disorders
of human hearing, balance, and related development. The course work
must have been completed in an audiology program that is accredited
by an organization recognized by the United States department of
education and operated by a college or university accredited by a
regional or national accrediting organization recognized by the
board.

(D)
The person submits to the board evidence of the completion of
appropriate, supervised clinical experience in the professional area,
speech-language pathology or audiology, for which licensure is
requested, dealing with a variety of communication disorders. The
appropriateness of the experience shall be determined under rules of
the board. This experience shall have been obtained in an accredited
college or university, in a cooperating program of an accredited
college or university, or in another program approved by the board.

(E)
The person submits to the board evidence that the person has passed
the examination for licensure to practice speech-language pathology
or audiology pursuant to division
(B)
(A)

of section 4753.05 of the Revised Code.

(F)
In the case of a person seeking licensure as a speech-language
pathologist, the person presents to the board written evidence that
the person has obtained professional experience.

The
professional experience shall be appropriately supervised as
determined by board rule. The amount of professional experience shall
be determined by board rule and shall be bona fide clinical work that
has been accomplished in speech-language pathology. This experience
shall not begin until the requirements of divisions (B), (D), and (E)
of this section have been completed unless approved by the board.
Before beginning the supervised professional experience pursuant to
this section, the applicant shall obtain a conditional license
pursuant to section 4753.071 of the Revised Code.

Sec.
4757.10.
(A)
The counselor, social worker, and marriage and family therapist board

may
adopt any rules necessary to carry out this chapter.

(B)
The board
shall
adopt rules that do all of the following:

(1)
Concern intervention for and treatment of any impaired person holding
a license or certificate of registration issued under this chapter;

(2)
Establish standards for training and experience of supervisors
described in division (C) of section 4757.30 of the Revised Code;

(3)
Establish requirements for criminal records checks of applicants
under section 4776.03 of the Revised Code;

(4)
Establish a graduated system of fines based on the scope and severity
of violations and the history of compliance, not to exceed five
hundred dollars per incident, that any professional standards
committee of the board may charge for a disciplinary violation
described in section 4757.36 of the Revised Code;

(5)
Establish the amount and content of corrective action courses
required by the board under section 4757.36 of the Revised Code;

(6)
Provide for voluntary registration of all of the following:

(a)
Master's level counselor trainees enrolled in practice and
internships;

(b)
Master's level social worker trainees enrolled in fieldwork,
practice, and internships;

(c)
Master's level marriage and family therapist trainees enrolled in
practice and internships.

(7)
In the case of an individual who is voluntarily registered as a
trainee under division (B)(6) of this section and who has graduated
but not yet completed all requirements for licensure, provide for an
extension of the individual's registration for a period of six months
beginning on the date of the individual's graduation.

(8)
Establish a schedule of deadlines for renewal.

(C)
(B)

Rules adopted under division
(B)(6)
(A)(6)

of this section shall not require a trainee to register with the
board, and if a trainee has not registered, shall prohibit any
adverse effect with respect to a trainee's application for licensure
by the board.

(D)
(C)

All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code. When it adopts rules under
this section or any other section of this chapter, the board may
consider standards established by any national association or other
organization representing the interests of those involved in
professional counseling, social work, or marriage and family therapy.

Sec.
4757.22.
(A)
The counselors professional standards committee of the counselor,
social worker, and marriage and family therapist board shall issue a
license to practice as a licensed professional clinical counselor to
each applicant who submits a properly completed application, pays the
fee established under section 4757.31 of the Revised Code, and meets
the requirements specified in division (B) of this section.

(B)(1)
To be eligible for a licensed professional clinical counselor
license, an individual must meet the following requirements:

(a)
The individual must hold a graduate degree in counseling as described
in division (B)(2) of this section.

(b)
The individual must complete a minimum of ninety quarter hours or
sixty semester hours of graduate credit in counselor training
acceptable to the committee, including instruction in the following
areas:

(i)
Clinical psychopathology, personality, and abnormal behavior;

(ii)
Evaluation of mental and emotional disorders;

(iii)
Diagnosis of mental and emotional disorders;

(iv)
Methods of prevention, intervention, and treatment of mental and
emotional disorders.

(c)
The individual must complete, in either a private or clinical
counseling setting, supervised experience in counseling that is of a
type approved by the committee, is supervised by a licensed
professional clinical counselor or other qualified professional
approved by the committee, and is in the following amounts:

(i)
In the case of an individual holding only a master's degree, not less
than two years of experience, which must be completed after the award
of the master's degree;

(ii)
In the case of an individual holding a doctorate, not less than one
year of experience, which must be completed after the award of the
doctorate.

(d)
The individual must pass a field evaluation that meets the following
requirements:

(i)
Has been completed by the applicant's instructors, employers,
supervisors, or other persons determined by the committee to be
competent to evaluate an individual's professional competence;

(ii)
Includes documented evidence of the quality, scope, and nature of the
applicant's experience and competence in diagnosing and treating
mental and emotional disorders.

(e)
The individual must pass an examination administered by the board for
the purpose of determining ability to practice as a licensed
professional clinical counselor.

(2)
To meet the requirement of division (B)(1)(a) of this section, a
graduate degree in counseling obtained from a counseling program in
this state after January 1, 2018, must be from one of the following:

(a)
A counseling program accredited by the council for accreditation of
counseling and related educational programs;

(b)
A counseling education program approved by the board in accordance
with rules adopted by the board under division (F) of this section.

(3)
All of the following meet the educational requirements of division
(B)(1)(b) of this section:

(a)
A clinical mental health counseling program accredited by the council
for accreditation of counseling and related educational programs;

(b)
A graduate degree in counseling issued by another state from a
clinical mental health counseling program, a clinical rehabilitation
counseling program, or an addiction counseling program that is
accredited by the council for accreditation of counseling and related
educational programs;

(c)
A counseling education program approved by the board in accordance
with rules adopted under division (F) of this section.

(C)
To be accepted by the committee for purposes of division (B) of this
section, counselor training must include at least the following:

(1)
Instruction in human growth and development; counseling theory;
counseling techniques; group dynamics, processing, and counseling;
appraisal of individuals; research and evaluation; professional,
legal, and ethical responsibilities; social and cultural foundations;
and lifestyle and career development;

(2)
Participation in a supervised practicum and clinical internship in
counseling.

(D)
An individual may not sit for the licensing examination unless the
individual meets the educational requirements to be licensed under
this section. An individual who is denied admission to the licensing
examination may appeal the denial in accordance with Chapter 119. of
the Revised Code.

(E)
The board shall adopt
any
rules necessary for the committee to implement this section. The

rules

shall

that

do
both of the following:

(1)
Establish criteria for the committee to use in determining whether an
applicant's training should be accepted and supervised experience
approved;

(2)
Establish course content requirements for qualifying counseling
degrees issued by institutions in other states from clinical mental
health counseling programs, clinical rehabilitation counseling
programs, and addiction counseling programs that are not accredited
by the council for accreditation of counseling and related
educational programs.

Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.

(F)(1)
The board may adopt rules to temporarily approve a counseling
education program created after January 1, 2018, that has not been
accredited by the council for accreditation of counseling and related
educational programs. If the board adopts rules under this division,
the board shall do all of the following in the rules:

(a)
Create an application process under which a program administrator may
apply to the board for approval of the program;

(b)
Identify the educational requirements that an individual must satisfy
to receive a graduate degree in counseling from the approved program;

(c)
Establish a time period during which an individual may use an
unaccredited degree granted under the program to satisfy the
requirements of divisions (B)(1)(a) and (b) of this section;

(d)
Specify that, if the program is denied accreditation, a student
enrolled in the program before the accreditation is denied may apply
for licensure before completing the program and, on receiving a
degree from the program, is considered to satisfy divisions (B)(1)(a)
and (b) of this section.

(2)
A degree from a counseling education program approved by the board
pursuant to the rules adopted under division (F)(1) of this section
satisfies the requirements of divisions (B)(1)(a) and (b) of this
section for the time period approved by the board.

Sec.
4757.23.
(A)
The counselors professional standards committee of the counselor,
social worker, and marriage and family therapist board shall issue a
license as a licensed professional counselor to each applicant who
submits a properly completed application, pays the fee established
under section 4757.31 of the Revised Code, and meets the requirements
established under division (B) of this section.

(B)(1)
To be eligible for a license as a licensed professional counselor, an
individual must meet the following requirements:

(a)
The individual must hold a graduate degree in counseling as described
in division (B)(2) of this section.

(b)
The individual must complete a minimum of ninety quarter hours or
sixty semester hours of graduate credit in counselor training
acceptable to the committee, which the individual may complete while
working toward receiving a graduate degree in counseling, or
subsequent to receiving the degree, and which shall include training
in the following areas:

(i)
Clinical psychopathology, personality, and abnormal behavior;

(ii)
Evaluation of mental and emotional disorders;

(iii)
Diagnosis of mental and emotional disorders;

(iv)
Methods of prevention, intervention, and treatment of mental and
emotional disorders.

(c)
The individual must pass an examination administered by the board for
the purpose of determining ability to practice as a licensed
professional counselor.

(2)
To meet the requirement of division (B)(1)(a) of this section, a
graduate degree in counseling obtained from a counseling program in
this state after January 1, 2018, must be from one of the following:

(a)
A counseling program accredited by the council for accreditation of
counseling and related educational programs;

(b)
A counseling education program approved by the board in accordance
with rules adopted by the board under division (G) of this section.

(3)
All of the following meet the educational requirements of division
(B)(1)(b) of this section:

(a)
A clinical mental health counseling program accredited by the council
for accreditation of counseling and related educational programs;

(b)
Until January 1, 2018, a mental health counseling program accredited
by the council for accreditation of counseling and related
educational programs;

(c)
A graduate degree in counseling issued by an institution in another
state from a clinical mental health counseling program, a clinical
rehabilitation counseling program, or an addiction counseling program
that is accredited by the council for accreditation of counseling and
related educational programs;

(d)
A counseling education program approved by the board in accordance
with rules adopted under division (G) of this section.

(C)
To be accepted by the committee for purposes of division (B) of this
section, counselor training must include at least the following:

(1)
Instruction in human growth and development; counseling theory;
counseling techniques; group dynamics, processing, and counseling;
appraisal of individuals; research and evaluation; professional,
legal, and ethical responsibilities; social and cultural foundations;
and lifestyle and career development;

(2)
Participation in a supervised practicum and clinical internship in
counseling.

(D)
The committee may issue a temporary license to practice as a licensed
professional counselor to an applicant who meets all of the
requirements to be licensed under this section as follows:

(1)
Pending the receipt of transcripts or action by the committee to
issue a license as a licensed professional counselor;

(2)
For a period not to exceed ninety days, to an applicant who provides
the board with a statement from the applicant's academic institution
indicating that the applicant has met the academic requirements for
the applicant's degree and the projected date the applicant will
receive the applicant's transcript showing a conferred degree.

On
application to the committee, a temporary license issued under
division (D)(2) of this section may be renewed for good cause shown.

(E)
An individual may not sit for the licensing examination unless the
individual meets the educational requirements to be licensed under
this section. An individual who is denied admission to the licensing
examination may appeal the denial in accordance with Chapter 119. of
the Revised Code.

(F)
The board shall adopt
any
rules necessary for the committee to implement this section. The

rules

shall

that

do
both of the following:

(1)
Establish criteria for the committee to use in determining whether an
applicant's training should be accepted and supervised experience
approved;

(2)
Establish course content requirements for qualifying counseling
degrees issued by institutions in other states from clinical mental
health counseling programs, clinical rehabilitation counseling
programs, and addiction counseling programs that are not accredited
by the council for accreditation of counseling and related
educational programs.

Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.

(G)(1)
The board may adopt rules to temporarily approve a counseling
education program created after January 1, 2018, that has not been
accredited by the council for accreditation of counseling and related
educational programs. If the board adopts rules under this division,
the board shall do all of the following in the rules:

(a)
Create an application process under which a program administrator may
apply to the board for approval of the program;

(b)
Identify the educational requirements that an individual must satisfy
to receive a graduate degree in counseling from the approved program;

(c)
Establish a time period during which an individual may use an
unaccredited degree granted under the program to satisfy the
requirements of divisions (B)(1)(a) and (b) of this section;

(d)
Specify that, if the program is denied accreditation, a student
enrolled in the program before the accreditation is denied may apply
for licensure before completing the program and, on receiving a
degree from the program, is considered to satisfy divisions (B)(1)(a)
and (b) of this section.

(2)
A degree from a counseling education program approved by the board
pursuant to the rules adopted under division (G)(1) of this section
satisfies the requirements of divisions (B)(1)(a) and (b) of this
section for the time period approved by the board.

Sec.
4757.27.
(A)
The social workers professional standards committee of the counselor,
social worker, and marriage and family therapist board shall issue a
license as an independent social worker to each applicant who submits
a properly completed application, pays the fee established under
section 4757.31 of the Revised Code, and meets the requirements
specified in division (B) of this section. An independent social
worker license shall clearly indicate each academic degree earned by
the person to whom it has been issued.

(B)
To be eligible for a license as an independent social worker, an
individual must meet the following requirements:

(1)
The individual must hold a master's degree in social work from an
educational institution accredited by the council on social work
education or an educational institution in candidacy for
accreditation by the council.

(2)
The individual must complete at least two years of post-master's
degree social work experience supervised by an independent social
worker.

(3)
The individual must pass an examination administered by the board for
the purpose of determining ability to practice as an independent
social worker.

(C)
The board shall adopt
any

rules

necessary
for the committee to implement this section, including
establishing

criteria
for the committee to use in determining whether an applicant's
training should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
4757.28.
(A)
The social workers professional standards committee of the counselor,
social worker, and marriage and family therapist board shall issue a
license as a social worker to each applicant who submits a properly
completed application, pays the fee established under section 4757.31
of the Revised Code, and meets the requirements specified in division
(B) of this section. A social worker license shall clearly indicate
each academic degree earned by the person to whom it is issued.

(B)
To be eligible for a license as a social worker, an individual must
meet the following requirements:

(1)
The individual must hold from an accredited educational institution
one of the following:

(a)
A baccalaureate degree in social work;

(b)
A master's degree in social work;

(c)
A doctorate in social work.

(2)
The individual must pass an examination administered by the board for
the purpose of determining ability to practice as a social worker.

(C)
The committee may issue a temporary license to practice as a social
worker as follows:

(1)
To an applicant who meets all of the requirements to be licensed
under this section, pending the receipt of transcripts or action by
the committee to issue a license as a social worker;

(2)
For a period not to exceed ninety days, to an applicant who provides
the board with a statement from the applicant's academic institution
indicating that the applicant has met the academic requirements for
the applicant's degree, and the projected date the applicant will
receive the applicant's transcript showing a conferred degree.

On
application to the committee, a temporary license issued under
division (C)(2) of this section may be renewed for good cause shown.

(D)
The board shall adopt
any

rules

necessary
for the committee to implement this section, including
establishing

criteria
for the committee to use in determining whether an applicant's
training should be accepted and supervised experience approved. Rules
adopted under this division shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
4758.20.
(A)
The chemical dependency professionals board shall adopt rules to
establish, specify, or provide for all of the following:

(1)
Fees for the purposes authorized by section 4758.21 of the Revised
Code;

(2)
If the board, pursuant to section 4758.221 of the Revised Code,
elects to administer examinations for individuals seeking to act as
substance abuse professionals in a United States department of
transportation drug and alcohol testing program, the board's
administration of the examinations;

(3)
For the purpose of section 4758.23 of the Revised Code, codes of
ethical practice and professional conduct for individuals who hold a
license, certificate, or endorsement issued under this chapter;

(4)
For the purpose of section 4758.24 of the Revised Code, all of the
following:

(a)
The documents that an individual seeking such a license, certificate,
or endorsement must submit to the board;

(b)
Requirements to obtain the license, certificate, or endorsement that
are in addition to the requirements established under sections
4758.39, 4758.40, 4758.41, 4758.42, 4758.43, 4758.44, 4758.45,
4758.46, 4758.47, and 4758.48 of the Revised Code. The additional
requirements may include internships and practicums.

(c)
The period of time that an individual whose registered applicant
certificate has expired must wait before applying for a new
registered applicant certificate.

(5)
For the purpose of section 4758.28 of the Revised Code, requirements
for approval of continuing education courses of study for individuals
who hold a license, certificate, or endorsement issued under this
chapter;

(6)
For the purpose of section 4758.30 of the Revised Code, both of the
following:

(a)
The intervention for and treatment of an individual holding a
license, certificate, or endorsement issued under this chapter whose
abilities to practice are impaired due to abuse of or dependency on
alcohol or other drugs or other physical or mental condition;

(b)
Requirements governing reinstatement of a suspended or revoked
license, certificate, or endorsement, including requirements for
determining the amount of time an individual must wait to apply for
reinstatement.

(7)
For the purpose of section 4758.31 of the Revised Code, methods of
ensuring that all records the board holds pertaining to an
investigation remain confidential during the investigation;

(8)
Criteria for employees of the board to follow when performing their
duties under division (B) of section 4758.35 of the Revised Code;

(9)
For the purpose of division (A) of section 4758.39, division (A) of
section 4758.40, and division (A) of section 4758.41 of the Revised
Code, course requirements for a degree in a behavioral science or
nursing that may include specific content areas and minimum hours for
course requirements;

(10)
For the purpose of division (B) of section 4758.39 of the Revised
Code, the number of hours of compensated work or supervised
internship experience that an individual must have and the number of
those hours that must be in clinical supervisory experience;

(11)
For the purpose of division (C) of section 4758.39, division (C) of
section 4758.40, division (C) of section 4758.41, and division (A)(3)
of section 4758.42 of the Revised Code, both of the following:

(a)
The number of hours of training in substance use disorders an
individual must have;

(b)
Training requirements for substance use disorders that shall, at a
minimum, include qualifications for the individuals who provide the
training and the content areas covered in the training.

(12)
For the purpose of division (B) of section 4758.40, division (B) of
section 4758.41, and division (A)(2) of section 4758.42 of the
Revised Code, the number of hours of compensated work or supervised
internship experience that an individual must have;

(13)
For the purpose of division (A) of section 4758.41 of the Revised
Code, course requirements for a degree in a behavioral science or
nursing;

(14)
For the purpose of section 4758.42 of the Revised Code, both of the
following:

(a)
Education requirements for substance use disorders;

(b)
Requirements for programs that provide practicum experience in
substance use disorders.

(15)
For the purpose of section 4758.43 of the Revised Code, both of the
following:

(a)
The number of hours of training in substance use disorder counseling
that an individual must have;

(b)
Training requirements for substance use disorder counseling that
shall, at a minimum, include qualifications for the individuals who
provide the training and the content areas covered in the training.

(16)
For the purpose of section 4758.44 of the Revised Code, both of the
following:

(a)
The number of hours of compensated work experience in prevention
services that an individual must have and the number of those hours
that must be in administering or supervising the services;

(b)
The field of study in which an individual must obtain at least a
bachelor's degree.

(17)
For the purpose of division (C) of section 4758.44, division (C) of
section 4758.45, and division (D) of section 4758.46 of the Revised
Code, both of the following:

(a)
The number of hours of prevention-related education that an
individual must have;

(b)
Requirements for prevention-related education.

(18)
For the purpose of division (D) of section 4758.44 of the Revised
Code, the number of hours of administrative or supervisory education
that an individual must have;

(19)
For the purpose of section 4758.45 of the Revised Code, both of the
following:

(a)
The number of hours of compensated or volunteer work, field
placement, intern, or practicum experience in prevention services
that an individual must have and the number of those hours that must
be in planning or delivering the services;

(b)
The field of study in which an individual must obtain at least an
associate's degree.

(20)
For the purpose of division (C) of section 4758.46 of the Revised
Code, the number of hours of compensated or volunteer work, field
placement, intern, or practicum experience in prevention services
that an individual must have;

(21)
Standards for the one hundred hours of compensated work or supervised
internship in gambling disorder direct clinical experience required
by division (B)(2) of section 4758.48 of the Revised Code;

(22)
For the purpose of section 4758.51 of the Revised Code, both of the
following:

(a)
Continuing education requirements for individuals who hold a license,
certificate, or endorsement issued under this chapter;

(b)
The number of hours of continuing education that an individual must
complete to have an expired license, certificate, or endorsement
restored under section 4758.26 of the Revised Code.

(23)
For the purpose of divisions (A) and (B) of section 4758.52 of the
Revised Code, training requirements for substance use disorder
counseling;

(24)
The duties, which may differ, of all of the following:

(a)
An independent chemical dependency counselor-clinical supervisor
licensed under this chapter who supervises a chemical dependency
counselor III under section 4758.56 of the Revised Code;

(b)
An independent chemical dependency counselor-clinical supervisor,
independent chemical dependency counselor, or chemical dependency
counselor III licensed under this chapter who supervises a chemical
dependency counselor assistant under section 4758.59 of the Revised
Code;

(c)
A prevention consultant or prevention specialist certified under this
chapter who supervises a prevention specialist assistant or
registered applicant under section 4758.61 of the Revised Code.

(25)
The duties of an independent chemical dependency counselor licensed
under this chapter who holds the gambling disorder endorsement who
supervises a chemical dependency counselor III with the gambling
disorder endorsement under section 4758.62 of the Revised Code.

(26)
Anything else the board considers necessary to administer this
chapter.

(B)
All rules adopted under this section shall be adopted in accordance
with Chapter 119. of the Revised Code and any applicable federal laws
and regulations.

(C)
When it adopts rules under this section, the board may consider
standards established by any national association or other
organization representing the interests of those involved in
substance use disorder counseling or prevention services.

Sec.
4758.21.
(A)
In accordance with rules adopted under section 4758.20 of the Revised
Code and subject to division (B) of this section, the chemical
dependency professionals board shall establish, and may from time to
time adjust, fees to be charged for the following:

(1)
Admitting an individual to an examination administered pursuant to
section 4758.22 of the Revised Code;

(2)
Issuing an initial independent chemical dependency counselor-clinical
supervisor license, independent chemical dependency counselor
license, chemical dependency counselor III license, chemical
dependency counselor II license, chemical dependency counselor
assistant certificate, prevention consultant certificate, prevention
specialist certificate, prevention specialist assistant certificate,
or registered applicant certificate;

(3)
Issuing an initial gambling disorder endorsement;

(4)
Renewing an independent chemical dependency counselor-clinical
supervisor license, independent chemical dependency counselor
license, chemical dependency counselor III license, chemical
dependency counselor II license, chemical dependency counselor
assistant certificate, prevention consultant certificate, prevention
specialist certificate, or prevention specialist assistant
certificate;

(5)
Renewing a gambling disorder endorsement;

(6)
Approving continuing education courses under section 4758.28 of the
Revised Code
;

(7)
Doing anything else the board determines necessary to administer this
chapter
.

(B)
The fees established under division (A) of this section are
nonrefundable. They shall be in amounts sufficient to cover the
necessary expenses of the board in administering this chapter and
rules adopted under it. The fees for a license, certificate, or
endorsement and the renewal of a license, certificate, or endorsement
may differ for the various types of licenses, certificates, or
endorsements, but shall not exceed one hundred seventy-five dollars
each, unless the board determines that amounts in excess of one
hundred seventy-five dollars are needed to cover its necessary
expenses in administering this chapter and rules adopted under it and
the amounts in excess of one hundred seventy-five dollars are
approved by the controlling board.

(C)
All vouchers of the board shall be approved by the chairperson or
executive director of the board, or both, as authorized by the board.

Sec.
4759.05.
(A)
Except as provided in division (E) of this section, the state medical
board shall adopt, amend, or rescind rules pursuant to Chapter 119.
of the Revised Code
to
carry out the provisions of this chapter, including rules
governing
the following:

(1)
Selection and approval of a dietitian licensure examination offered
by the commission on dietetic registration or any other examination;

(2)
The examination of applicants for licensure as a dietitian, as
required under division (A) of section 4759.06 of the Revised Code;

(3)
Requirements for pre-professional dietetic experience of applicants
for licensure as a dietitian that are at least equivalent to the
requirements adopted by the commission on dietetic registration;

(4)
Requirements for a person holding a limited permit under division (G)
of section 4759.06 of the Revised Code, including the duration of
validity of a limited permit and procedures for renewal;

(5)
Continuing education requirements for renewal of a license, including
rules providing for pro rata reductions by month of the number of
hours of continuing education that must be completed for license
holders who have been disabled by illness or accident or have been
absent from the country. Rules adopted under this division shall be
consistent with the continuing education requirements adopted by the
commission on dietetic registration.

(6)
Any additional education requirements the board considers necessary,
for applicants who have not practiced dietetics within five years of
the initial date of application for licensure;

(7)
Standards of professional responsibility and practice for persons
licensed under this chapter that are consistent with those standards
of professional responsibility and practice adopted by the academy of
nutrition and dietetics;

(8)
Formulation of an application form for licensure or license renewal;

(9)
Procedures for license renewal;

(10)
Requirements for criminal records checks of applicants under section
4776.03 of the Revised Code.

(B)(1)
The board shall investigate evidence that appears to show that a
person has violated any provision of this chapter or any rule adopted
under it. Any person may report to the board in a signed writing any
information that the person may have that appears to show a violation
of any provision of this chapter or any rule adopted under it. In the
absence of bad faith, any person who reports information of that
nature or who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or testimony.
Each complaint or allegation of a violation received by the board
shall be assigned a case number and shall be recorded by the board.

(2)
Investigations of alleged violations of this chapter or any rule
adopted under it shall be supervised by the supervising member
elected by the board in accordance with section 4731.02 of the
Revised Code and by the secretary as provided in section 4759.012 of
the Revised Code. The president may designate another member of the
board to supervise the investigation in place of the supervising
member. Upon a vote of the majority of the board to authorize the
addition of a consumer member in the supervision of any part of any
investigation, the president shall designate a consumer member for
supervision of investigations as determined by the president. The
authorization of consumer member participation in investigation
supervision may be rescinded by a majority vote of the board. No
member of the board who supervises the investigation of a case shall
participate in further adjudication of the case.

(3)
In investigating a possible violation of this chapter or any rule
adopted under this chapter, the board may issue subpoenas, question
witnesses, conduct interviews, administer oaths, order the taking of
depositions, inspect and copy any books, accounts, papers, records,
or documents, and compel the attendance of witnesses and the
production of books, accounts, papers, records, documents, and
testimony, except that a subpoena for patient record information
shall not be issued without consultation with the attorney general's
office and approval of the secretary of the board.

Before
issuance of a subpoena for patient record information, the secretary
shall determine whether there is probable cause to believe that the
complaint filed alleges a violation of this chapter or any rule
adopted under it and that the records sought are relevant to the
alleged violation and material to the investigation. The subpoena may
apply only to records that cover a reasonable period of time
surrounding the alleged violation.

On
failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move
for an order compelling the production of persons or records pursuant
to the Rules of Civil Procedure.

A
subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee or agent designated by the
board. Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual place
of residence, usual place of business, or address on file with the
board. When serving a subpoena to an applicant for or the holder of a
license or limited permit issued under this chapter, service of the
subpoena may be made by certified mail, return receipt requested, and
the subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. If the person being
served refuses to accept the subpoena or is not located, service may
be made to an attorney who notifies the board that the attorney is
representing the person.

A
sheriff's deputy who serves a subpoena shall receive the same fees as
a sheriff. Each witness who appears before the board in obedience to
a subpoena shall receive the fees and mileage provided for under
section 119.094 of the Revised Code.

(4)
All hearings, investigations, and inspections of the board shall be
considered civil actions for the purposes of section 2305.252 of the
Revised Code.

(5)
A report required to be submitted to the board under this chapter, a
complaint, or information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.

The
board shall conduct all investigations or inspections and proceedings
in a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make public
the names or any other identifying information about patients or
complainants unless proper consent is given.

The
board may share any information it receives pursuant to an
investigation or inspection, including patient records and patient
record information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised Code
or procedure of the agency or board that applies when it is dealing
with other information in its possession. In a judicial proceeding,
the information may be admitted into evidence only in accordance with
the Rules of Evidence, but the court shall require that appropriate
measures are taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other
identifying information about patients or complainants whose
confidentiality was protected by the state medical board when the
information was in the board's possession. Measures to ensure
confidentiality that may be taken by the court include sealing its
records or deleting specific information from its records.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(6)
On a quarterly basis, the board shall prepare a report that documents
the disposition of all cases during the preceding three months. The
report shall contain the following information for each case with
which the board has completed its activities:

(a)
The case number assigned to the complaint or alleged violation;

(b)
The type of license, if any, held by the individual against whom the
complaint is directed;

(c)
A description of the allegations contained in the complaint;

(d)
Whether witnesses were interviewed;

(e)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(f)
The disposition of the case.

The
report shall state how many cases are still pending and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report shall be a public record under
section 149.43 of the Revised Code.

(7)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

(C)
The board shall keep records as are necessary to carry out the
provisions of this chapter.

(D)
The board shall maintain and publish on its internet web site the
board's rules and requirements for licensure adopted under division
(A) of this section.

(E)
The board shall issue a license or limited permit to practice
dietetics in accordance with Chapter 4796. of the Revised Code to an
applicant if either of the following apply:

(1)
The applicant holds a license or permit in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a dietitian in a state that does not issue that license.

Sec.
4759.051.
(A)
The state medical board shall appoint a dietetics advisory council
for the purpose of advising the board on issues relating to the
practice of dietetics. The advisory council shall consist of not more
than seven individuals knowledgeable in the area of dietetics.

A
majority of the council members shall be individuals licensed under
this chapter who are actively engaged in the practice of dietetics.
The board shall include both of the following on the council:

(1)
One educator with a doctoral degree who holds a regular faculty
appointment in a program that prepares students to meet the
requirements of division (A)(3) of section 4759.06 of the Revised
Code;

(2)
One individual who is not affiliated with any health care profession,
who shall be appointed to represent the interest of consumers.

The
Ohio academy of nutrition and dietetics, or its successor
organization, may nominate not more than three qualified individuals
for consideration by the board in appointing any member of the
council.

(B)
Not later than ninety days after January 21, 2018, the board shall
make initial appointments to the council. Initial members shall serve
terms of office of one, two, or three years, as selected by the
board. Thereafter, terms of office shall be for three years, with
each term ending on the same day of the same month as did the term
that it succeeds. A council member shall continue in office
subsequent to the expiration date of the member's term until a
successor is appointed and takes office, or until a period of sixty
days has elapsed, whichever occurs first. Each council member shall
hold office from the date of appointment until the end of the term
for which the member was appointed.

(C)
Members shall serve without compensation, but shall be reimbursed for
actual and necessary expenses incurred in performing their official
duties.

(D)
The council shall meet at least four times each year and at such
other times as may be necessary to carry out its responsibilities.

(E)
The council may submit to the board recommendations concerning all of
the following:

(1)
Requirements for issuing a license to practice as a dietitian or as a
limited permit holder, including the educational and experience
requirements that must be met to receive the license or permit;

(2)
Existing and proposed rules pertaining to the practice of dietetics

and the administration and enforcement of this chapter
;

(3)
Standards for the approval of educational programs required to
qualify for licensure and continuing education programs for licensure
renewal;

(4)
Policies related to the issuance and renewal of licenses and limited
permits;

(5)
Fees for the issuance and renewal of a license to practice dietetics
as a licensee or as a limited permit holder;

(6)
Standards of practice and ethical conduct in the practice of
dietetics;

(7)
The safe and effective practice of dietetics, including scope of
practice and minimal standards of care.

Sec.
4759.064.
(A)
An individual who holds a current, valid license issued under this
chapter to practice dietetics and who retires voluntarily from
practice may request that the state medical board place the
individual's license on retired status.

This
section does not authorize an individual who holds a limited permit
issued under section 4759.06 of the Revised Code to request that the
board place the individual's permit on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from the practice of
dietetics;

(c)
That the applicant does not have any criminal charges pending against
the applicant;

(d)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(e)
That the applicant does not have any complaints pending with the
board;

(f)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the restoration fee described in section
4759.062 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a dietitian under
any circumstance.

(2)
The license holder is not required to complete the continuing
education required by the board in rules adopted under section
4759.05 of the Revised Code.

(3)
The license holder is prohibited from using the license to obtain a
license to practice dietetics in another state, whether by
endorsement or reciprocity or through a licensure compact.

(4)
The license holder may use a title authorized for the holder's
license as described in section 4759.02 of the Revised Code, but only
if "retired" also is included in the title.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4759.063 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements that must be met for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the
restoration fee described in section 4759.062 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a dietitian in
another state, or uses a title that does not reflect the holder's
retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4759.07
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4760.062.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as an anesthesiologist assistant and who retires
voluntarily from practice may request that the state medical board
place the individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as an
anesthesiologist assistant;

(c)
That the applicant does not have any criminal charges pending against
the applicant;

(d)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(e)
That the applicant does not have any complaints pending with the
board;

(f)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4760.06 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as an
anesthesiologist assistant under any circumstance.

(2)
The license holder is prohibited from using the license to obtain a
license to practice as an anesthesiologist assistant in another
state, whether by endorsement or reciprocity or through a licensure
compact.

(3)
The license holder may use a title authorized for the holder's
license, but only if "retired" also is included in the
title.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4760.061 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(3)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4760.06 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as an anesthesiologist
assistant in another state, or uses a title that does not reflect the
holder's retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4760.13
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4761.03.
(A)
The state medical board shall regulate the practice of respiratory
care in this state and the persons to whom the board issues licenses
and limited permits under this chapter. Rules adopted under this
chapter that deal with the provision of respiratory care in a
hospital, other than rules regulating the issuance of licenses or
limited permits, shall be consistent with the conditions for
participation under medicare, Title XVIII of the "Social
Security Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1395, as
amended, and with the respiratory care accreditation standards of the
joint commission or the American osteopathic association.

(B)
The board shall adopt, and may rescind or amend, rules in accordance
with Chapter 119. of the Revised Code
to
carry out the purposes of this chapter, including rules
prescribing
the following:

(1)
The form and manner for filing applications under sections 4761.05
and 4761.06 of the Revised Code;

(2)
Standards for the approval of examinations and reexaminations
administered by national organizations for licensure, license
renewal, and license reinstatement;

(3)
Standards for the approval of educational programs required to
qualify for licensure and approval of continuing education programs
required for license renewal;

(4)
Continuing education courses and the number of hour requirements
necessary for license renewal under section 4761.06 of the Revised
Code, including rules providing for pro rata reductions by month of
the number of hours of continuing education that must be completed
for license holders who are in their first renewal period, have been
disabled by illness or accident, or have been absent from the
country;

(5)
Procedures for the issuance and renewal of licenses and limited
permits, including the duties that may be fulfilled by the board's
executive director and other board employees;

(6)
Procedures for the limitation, suspension, and revocation of licenses
and limited permits, the refusal to issue, renew, or reinstate
licenses and limited permits, and the imposition of a reprimand or
probation under section 4761.09 of the Revised Code;

(7)
Standards of ethical conduct for the practice of respiratory care;

(8)
The respiratory care tasks that may be performed by an individual
practicing as a polysomnographic technologist pursuant to division
(B)(3) of section 4761.10 of the Revised Code;

(9)
Requirements for criminal records checks of applicants under section
4776.03 of the Revised Code.

(C)
The board shall determine the sufficiency of an applicant's
qualifications for admission to the licensing examination or a
reexamination, and for the issuance or renewal of a license or
limited permit.

(D)
The board shall determine the respiratory care educational programs
that are acceptable for fulfilling the requirements of division (A)
of section 4761.04 of the Revised Code.

(E)(1)
The board shall investigate evidence that appears to show that a
person has violated any provision of this chapter or any rule adopted
under it. Any person may report to the board in a signed writing any
information that the person may have that appears to show a violation
of any provision of this chapter or any rule adopted under it. In the
absence of bad faith, any person who reports information of that
nature or who testifies before the board in any adjudication
conducted under Chapter 119. of the Revised Code shall not be liable
in damages in a civil action as a result of the report or testimony.
Each complaint or allegation of a violation received by the board
shall be assigned a case number and shall be recorded by the board.

(2)
Investigations of alleged violations of this chapter or any rule
adopted under it shall be supervised by the supervising member
elected by the board in accordance with section 4731.02 of the
Revised Code and by the secretary as provided in section 4761.012 of
the Revised Code. The president may designate another member of the
board to supervise the investigation in place of the supervising
member. Upon a vote of the majority of the board to authorize the
addition of a consumer member in the supervision of any part of any
investigation, the president shall designate a consumer member for
supervision of investigations as determined by the president. The
authorization of consumer member participation in investigation
supervision may be rescinded by a majority vote of the board. No
member of the board who supervises the investigation of a case shall
participate in further adjudication of the case.

(3)
In investigating a possible violation of this chapter or any rule
adopted under it, the board may issue subpoenas, administer oaths,
question witnesses, conduct interviews, order the taking of
depositions, inspect and copy any books, accounts, papers, records,
or documents, and compel the attendance of witnesses and production
of books, accounts, papers, records, documents, and testimony, except
that a subpoena for patient record information shall not be issued
without consultation with the attorney general's office and approval
of the secretary of the board.

Before
issuance of a subpoena for patient record information, the secretary
shall determine whether there is probable cause to believe that the
complaint filed alleges a violation of this chapter or any rule
adopted under it and that the records sought are relevant to the
alleged violation and material to the investigation. The subpoena may
apply only to records that cover a reasonable period of time
surrounding the alleged violation.

On
failure to comply with any subpoena issued by the board and after
reasonable notice to the person being subpoenaed, the board may move
for an order compelling the production of persons or records pursuant
to the Rules of Civil Procedure.

A
subpoena issued by the board may be served by a sheriff, the
sheriff's deputy, or a board employee or agent designated by the
board. Service of a subpoena issued by the board may be made by
delivering a copy of the subpoena to the person named therein,
reading it to the person, or leaving it at the person's usual place
of residence, usual place of business, or address on file with the
board. When serving a subpoena to an applicant for or the holder of a
license or limited permit issued under this chapter, service of the
subpoena may be made by certified mail, return receipt requested, and
the subpoena shall be deemed served on the date delivery is made or
the date the person refuses to accept delivery. If the person being
served refuses to accept the subpoena or is not located, service may
be made to an attorney who notifies the board that the attorney is
representing the person.

A
sheriff's deputy who serves a subpoena shall receive the same fees as
a sheriff. Each witness who appears before the board in obedience to
a subpoena shall receive the fees and mileage provided for under
section 119.094 of the Revised Code.

(4)
All hearings, investigations, and inspections of the board shall be
considered civil actions for the purposes of section 2305.252 of the
Revised Code.

(5)
A report required to be submitted to the board under this chapter, a
complaint, or information received by the board pursuant to an
investigation is confidential and not subject to discovery in any
civil action.

The
board shall conduct all investigations or inspections and proceedings
in a manner that protects the confidentiality of patients and persons
who file complaints with the board. The board shall not make public
the names or any other identifying information about patients or
complainants unless proper consent is given.

The
board may share any information it receives pursuant to an
investigation or inspection, including patient records and patient
record information, with law enforcement agencies, other licensing
boards, and other governmental agencies that are prosecuting,
adjudicating, or investigating alleged violations of statutes or
administrative rules. An agency or board that receives the
information shall comply with the same requirements regarding
confidentiality as those with which the state medical board must
comply, notwithstanding any conflicting provision of the Revised Code
or procedure of the agency or board that applies when it is dealing
with other information in its possession. In a judicial proceeding,
the information may be admitted into evidence only in accordance with
the Rules of Evidence, but the court shall require that appropriate
measures are taken to ensure that confidentiality is maintained with
respect to any part of the information that contains names or other
identifying information about patients or complainants whose
confidentiality was protected by the state medical board when the
information was in the board's possession. Measures to ensure
confidentiality that may be taken by the court include sealing its
records or deleting specific information from its records.

No
person shall knowingly access, use, or disclose confidential
investigatory information in a manner prohibited by law.

(6)
On a quarterly basis, the board shall prepare a report that documents
the disposition of all cases during the preceding three months. The
report shall contain the following information for each case with
which the board has completed its activities:

(a)
The case number assigned to the complaint or alleged violation;

(b)
The type of license or limited permit, if any, held by the individual
against whom the complaint is directed;

(c)
A description of the allegations contained in the complaint;

(d)
Whether witnesses were interviewed;

(e)
Whether the individual against whom the complaint is directed is the
subject of any pending complaints;

(f)
The disposition of the case.

The
report shall state how many cases are still pending and shall be
prepared in a manner that protects the identity of each person
involved in each case. The report shall be a public record under
section 149.43 of the Revised Code.

(7)
The board may provide a status update regarding an investigation to a
complainant on request if the board verifies the complainant's
identity.

(F)
The board shall keep records of its proceedings and do other things
as are necessary and proper to carry out and enforce the provisions
of this chapter.

(G)
The board shall maintain and publish on its internet web site all of
the following:

(1)
The requirements for the issuance of licenses and limited permits
under this chapter and rules adopted by the board;

(2)
A list of the names and locations of the institutions that each year
granted degrees or certificates of completion in respiratory care.

Sec.
4761.032.
(A)
The state medical board shall appoint a respiratory care advisory
council for the purpose of advising the board on issues relating to
the practice of respiratory care. The advisory council shall consist
of not more than seven individuals knowledgeable in the area of
respiratory care.

A
majority of the council members shall be individuals licensed under
this chapter who are actively engaged in the practice of respiratory
care. The board shall include all of the following on the council:

(1)
One physician who is a member of the state medical board;

(2)
One physician who has clinical training and experience in pulmonary
disease;

(3)
One individual who is not affiliated with any health care profession,
who shall be appointed to represent the interest of consumers.

The
Ohio state medical association, or its successor organization, may
nominate not more than three individuals for consideration by the
board in appointing the physician member described in division (A)(2)
of this section.

The
Ohio society for respiratory care, or its successor organization, may
nominate not more than three individuals for consideration by the
board in appointing any member of the council other than the
physician members described in divisions (A)(1) and (2) of this
section.

(B)
Not later than ninety days after January 21, 2018, the board shall
make initial appointments to the council. Initial members shall serve
terms of office of one, two, or three years, as selected by the
board. Thereafter, terms of office shall be for three years, with
each term ending on the same day of the same month as the term that
it succeeds. A council member shall continue in office subsequent to
the expiration date of the member's term until a successor is
appointed and takes office, or until a period of sixty days has
elapsed, whichever occurs first. Each council member shall hold
office from the date of appointment until the end of the term for
which the member was appointed.

(C)
Members shall serve without compensation, but shall be reimbursed for
actual and necessary expenses incurred in performing their official
duties.

(D)
The council shall meet at least four times each year and at such
other times as may be necessary to carry out its responsibilities.

(E)
The council may submit to the board recommendations concerning all of
the following:

(1)
Requirements for issuing a license to practice as a respiratory care
professional or as a limited permit holder, including the educational
and experience requirements that must be met to receive the license
or permit;

(2)
Existing and proposed rules pertaining to the practice of respiratory
care

and the administration and enforcement of this chapter
;

(3)
Standards for the approval of educational programs required to
qualify for licensure and continuing education programs for licensure
renewal;

(4)
Policies related to the issuance and renewal of licenses and limited
permits;

(5)
Fees for the issuance and renewal of a license to practice
respiratory care as a licensee or as a limited permit holder;

(6)
Standards of practice and ethical conduct in the practice of
respiratory care;

(7)
The safe and effective practice of respiratory care, including scope
of practice and minimal standards of care.

Sec.
4761.062.
(A)
An individual who holds a current, valid license issued under this
chapter to practice respiratory care and who retires voluntarily from
practice may request that the state medical board place the
individual's license on retired status.

This
section does not authorize an individual who holds a limited permit
issued under section 4761.05 of the Revised Code to request that the
board place the individual's permit on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from the practice of
respiratory care;

(c)
That the applicant does not have any criminal charges pending against
the applicant;

(d)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(e)
That the applicant does not have any complaints pending with the
board;

(f)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the restoration fee described in section
4761.06 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a respiratory
care professional under any circumstance.

(2)
The license holder is not required to complete continuing education
as described in section 4761.06 of the Revised Code.

(3)
The license holder is prohibited from using the license to obtain a
license to practice respiratory care in another state, whether by
endorsement or reciprocity or through a licensure compact.

(4)
The license holder may use a title authorized for the holder's
license as described in section 4761.10 of the Revised Code, but only
if "retired" also is included in the title.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4761.061 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The holder seeking to reactivate the license applies to the board in
the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements that must be met for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the
restoration fee described in section 4761.06 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a respiratory care
professional in another state, or uses a title that does not reflect
the holder's retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4761.09
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4762.062.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as an acupuncturist and who retires voluntarily
from practice may request that the state medical board place the
individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as an
acupuncturist;

(c)
That the applicant does not have any criminal charges pending against
the applicant;

(d)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(e)
That the applicant does not have any complaints pending with the
board;

(f)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4762.06 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as an acupuncturist
under any circumstance.

(2)
The license holder is prohibited from using the license to obtain a
license to practice as an acupuncturist in another state, whether by
endorsement or reciprocity or through a licensure compact.

(3)
The license holder may use a title authorized for the holder's
license as described in section 4762.08 of the Revised Code, but only
if "retired" also is included in the title.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4762.061 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(3)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4762.06 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as an acupuncturist in
another state, or uses a title that does not reflect the holder's
retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4762.13
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4763.03.
(A)
In addition to any other duties imposed on the real estate appraiser
board under this chapter, the board shall:

(1)
Adopt rules, in accordance with Chapter 119. of the Revised Code, in
furtherance of
this
chapter, including, but not limited to,
all
of the following:

(a)
Defining, with respect to state-certified general real estate
appraisers, state-certified residential real estate appraisers, and
state-licensed residential real estate appraisers, the type of
educational experience, appraisal experience, and other equivalent
experience that satisfy the requirements of this chapter. The rules
shall require that all appraisal experience performed after January
30, 1989, meet the uniform standards of professional practice
established by the appraisal foundation.

(b)
Establishing the examination specifications for state-certified
general real estate appraisers, state-certified residential real
estate appraisers, and state-licensed residential real estate
appraisers;

(c)
Relating to disciplinary proceedings conducted in accordance with
section 4763.11 of the Revised Code, including rules governing the
reinstatement of certificates, registrations, and licenses that have
been suspended pursuant to those proceedings;

(d)
Identifying any additional information to be included on the forms
specified in division (C) of section 4763.12 of the Revised Code,
provided that the rules shall not require any less information than
is required in that division;

(e)
Establishing the fees set forth in section 4763.09 of the Revised
Code;

(f)
Establishing the amount of the assessment required by division (A)(2)
of section 4763.05 of the Revised Code. The board annually shall
determine the amount due from each applicant for an initial
certificate, registration, and license in an amount that will
maintain the real estate appraiser recovery fund at the level
specified in division (A) of section 4763.16 of the Revised Code. The
board may, if the fund falls below that amount, require current
certificate holders, registrants, and licensees to pay an additional
assessment.

(g)
Defining the educational requirements pursuant to division (C) of
section 4763.05 of the Revised Code;

(h)
Establishing a real estate appraiser assistant program for the
registration of real estate appraiser assistants.

(2)
Prescribe by rule the requirements for the examinations required by
division (D) of section 4763.05 of the Revised Code;

(3)
Periodically review the standards for the development and reporting
of appraisal reports provided in this chapter and adopt rules
explaining and interpreting those standards;

(4)
Hear appeals, pursuant to Chapter 119. of the Revised Code, from
decisions and orders the superintendent of real estate issues
pursuant to this chapter;

(5)
Request the initiation by the superintendent of investigations of
violations of this chapter or the rules adopted pursuant thereto, as
the board determines appropriate;

(6)
Determine the appropriate disciplinary actions to be taken against
certificate holders, registrants, and licensees under this chapter as
provided in section 4763.11 of the Revised Code.

(B)
In addition to any other duties imposed on the superintendent of real
estate under this chapter, the superintendent shall:

(1)
Prescribe the form and content of all applications required by this
chapter;

(2)
Receive applications for certifications, registrations, and licenses
and renewal thereof under this chapter and establish the procedures
for processing, approving, and disapproving those applications;

(3)
Retain records and all application materials submitted to the
superintendent;

(4)
Establish the time and place for conducting the examinations required
by division (D) of section 4763.05 of the Revised Code;

(5)
Issue certificates, registrations, and licenses and maintain a
register of the names and addresses of all persons issued a
certificate, registration, or license under this chapter;

(6)
Perform any other functions and duties, including the employment of
staff, necessary to administer this chapter;

(7)
Administer this chapter;

(8)
Issue all orders necessary to implement this chapter;

(9)
Investigate complaints, upon the superintendent's own motion or upon
receipt of a complaint or upon a request of the board, concerning any
violation of this chapter or the rules adopted pursuant thereto or
the conduct of any person holding a certificate, registration, or
license issued pursuant to this chapter;

(10)
Establish and maintain an investigation and audit section to
investigate complaints and conduct inspections, audits, and other
inquiries as in the judgment of the superintendent are appropriate to
enforce this chapter. The investigators and auditors have the right
to review and audit the business records of certificate holders,
registrants, and licensees during normal business hours. The
superintendent may utilize the investigators and auditors employed
pursuant to division (B)(4) of section 4735.05 of the Revised Code or
currently licensed certificate holders or licensees to assist in
performing the duties of this division.

(11)
Appoint a hearing examiner for any proceeding involving the
disciplinary action of a certificate holder, licensee, or registrant
under section 4763.11 of the Revised Code;

(12)
Administer the real estate appraiser recovery fund;

(13)
Conduct the examinations required by division (D) of section 4763.05
of the Revised Code at least four times per year.

(C)
The superintendent may do all of the following:

(1)
In connection with hearings, investigations, or audits under division
(B) of this section, subpoena witnesses as provided in section
4763.04 of the Revised Code;

(2)
Apply to the appropriate court to enjoin any violation of this
chapter. Upon a showing by the superintendent that any person has
violated or is about to violate this chapter, the court shall grant
an injunction, restraining order, or other appropriate relief, or any
combination thereof.

(D)
All information that is obtained by investigators and auditors
performing investigations or conducting inspections, audits, and
other inquiries pursuant to division (B)(10) of this section, from
certificate holders, registrants, licensees, complainants, or other
persons, and all reports, documents, and other work products that
arise from that information and that are prepared by the
investigators, auditors, or other personnel of the department of
commerce, shall be held in confidence by the superintendent, the
investigators and auditors, and other personnel of the department.

(E)
This section does not prevent the division of real estate and
professional licensing from releasing information relating to
certificate holders, registrants, and licensees to the superintendent
of financial institutions for purposes relating to the administration
of Chapter 1322. of the Revised Code, to the commissioner of
securities for purposes relating to Chapter 1707. of the Revised
Code, to the superintendent of insurance for purposes relating to the
administration of Chapter 3953. of the Revised Code, to the attorney
general, or to law enforcement agencies and prosecutors. Information
released by the division pursuant to this section remains
confidential.

(F)
Any rule the board adopts shall meet or exceed the requirements
specified in federal law or regulations.

Sec.
4763.06.
(A)
A person licensed, registered, or certified under this chapter may
obtain a renewal certificate, registration, or license by filing a
renewal application with and paying the renewal fee set forth in
section 4763.09 of the Revised Code and any amount assessed pursuant
to division (A)(2) of section 4763.05 of the Revised Code to the
superintendent of real estate. The renewal application shall include
a statement, signed by the certificate holder, registrant, or
licensee, that the certificate holder, registrant, or licensee has
not been convicted of or pleaded guilty to any criminal offense
described in division (H)(2) of section 4763.05 of the Revised Code
since the issuance or renewal of the individual's most recent
certificate, registration, or license. The certificate holder,
registrant, or licensee shall file the renewal application at least
thirty days, but no earlier than one hundred twenty days, prior to
expiration of the certificate holder's, registrant's, or licensee's
current certificate, registration, or license. The superintendent
shall establish a method by which a certificate holder, registrant,
or licensee may electronically file the renewal application and pay
the fee and the assessed amount required for renewal
.

(B)
A certificate holder, registrant, or licensee who fails to renew a
certificate, registration, or license prior to its expiration is
ineligible to obtain a renewal certificate, registration, or license
and shall comply with section 4763.05 of the Revised Code in order to
regain certification, registration, or licensure, except that a
certificate holder, registrant, or licensee may renew the
certificate, registration, or license without having to comply with
section 4763.05 of the Revised Code by doing either of the following:

(1)
Filing a renewal application and submitting payment of all fees for
renewal and payment of the late filing fee set forth in section
4763.09 of the Revised Code within three months after the expiration
of the certificate holder's, registrant's, or licensee's certificate,
registration, or license;

(2)
Obtaining a medical exception under division (C) of this section,
filing a renewal application, and submitting payment of all fees for
renewal and payment of the late filing fee set forth in section
4763.09 of the Revised Code. A certificate holder, registrant, or
licensee who applies for late renewal of the certificate holder's,
registrant's, or licensee's certificate, registration, or license may
not engage in any activities permitted by the certification,
registration, or license being renewed during the three-month period
following the certificate's, registration's, or license's normal
expiration date, or during the time period for which a medical
exception applies, until all renewal fees and the late filing fee
have been paid.

(C)
The superintendent may grant a medical exception upon application by
a person certified, registered, or licensed under this chapter. To
receive an exception, the certificate holder, registrant, or licensee
shall submit a request to the superintendent with proof satisfactory
that a medical exception is warranted. If the superintendent makes a
determination that satisfactory proof has not been presented, within
fifteen days of the date of the denial of the medical exception the
certificate holder, registrant, or licensee may file with the
division of real estate a request that the real estate appraiser
board review the determination.
The
board may adopt reasonable rules in accordance with Chapter 119. of
the Revised Code to implement this division.

Sec.
4763.07.
(A)(1)
Beginning on and after
the
effective date of this amendment
April
9, 2025
,
every state-certified general real estate appraiser, state-certified
residential real estate appraiser, state-licensed residential real
estate appraiser, and state-registered real estate appraiser
assistant shall submit proof of successfully completing a minimum of
twenty-eight classroom hours of continuing education instruction in
courses or seminars approved by the real estate appraiser board. The
certificate holder, licensee, or registrant shall have satisfied the
twenty-eight-hour continuing education requirements within the
two-year period immediately following the issuance of the initial
certificate, license, or registration and shall satisfy those
requirements every two years thereafter.

(2)
Continuing education required under this section does not apply to an
appraiser with a certification or license from another state that is
temporarily recognized in this state pursuant to division (E)(2) of
section 4763.05 of the Revised Code.

(3)
A certificate holder, licensee, or registrant who fails to submit
proof to the superintendent of meeting these requirements is
ineligible to obtain a renewal certificate, license, or registration
and shall comply with section 4763.05 of the Revised Code in order to
regain a certificate, license, or registration, except that the
certificate holder, licensee, or registrant may submit proof to the
superintendent of meeting these requirements within three months
after the date of expiration of the certificate, license, or
registration, or by obtaining a medical exception under division (E)
of this section, without having to comply with section 4763.05 of the
Revised Code. A certificate holder, licensee, or registrant may not
engage in any activities permitted by the certificate, license, or
registration during the three-month period following the
certificate's, license's, or registration's normal expiration date or
during the time period for which a medical exception applies.

(4)
A certificate holder, licensee, or registrant may satisfy all or a
portion of the required hours of classroom instruction in the
following manner:

(a)
Completion of an educational program of study determined by the board
to be equivalent, for continuing education purposes, to courses or
seminars approved by the board;

(b)
Participation, other than as a student, in educational processes or
programs approved by the board that relate to real estate appraisal
theory, practices, or techniques.

(5)
A certificate holder, licensee, or registrant shall present to the
superintendent of real estate evidence of the manner in which the
certificate holder, licensee, or registrant satisfied the
requirements of division (A) of this section.

(B)
The board shall adopt rules for implementing a continuing education
program for state-certified general real estate appraisers,
state-certified residential real estate appraisers, state-licensed
residential real estate appraisers, and state-registered real estate
appraiser assistants for the purpose of assuring that certificate
holders, licensees, and registrants have current knowledge of real
estate appraisal theories, practices, and techniques that will
provide a high degree of service and protection to members of the
public.
In
addition to any other provisions the board considers appropriate, the

The

rules
adopted by the board shall prescribe the following:

(1)
Policies and procedures for obtaining board approval of courses of
instruction and seminars;

(2)
Standards, policies, and procedures to be applied in evaluating the
alternative methods of complying with continuing education
requirements set forth in divisions (A)(4)(a) and (b) of this
section;

(3)
Standards, monitoring methods, and systems for recording attendance
to be employed by course sponsors as a prerequisite to approval of
courses for continuing education credit.

(C)
No amendment or rescission of a rule the board adopts pursuant to
division (B) of this section shall operate to deprive a certificate
holder or licensee of credit toward renewal of certification or
licensure for any course of instruction completed by the certificate
holder or licensee prior to the effective date of the amendment or
rescission that would have qualified for credit under the rule as it
existed prior to amendment or rescission.

(D)
The superintendent of real estate shall not issue a renewal
certificate, registration, or license to any person who does not meet
applicable minimum criteria for state certification, registration, or
licensure prescribed by federal law or rule.

(E)
The superintendent may grant a medical exception upon application by
a person certified, registered, or licensed under this chapter. To
receive an exception, the certificate holder, registrant, or licensee
shall submit a request to the superintendent with proof satisfactory
that a medical exception is warranted. If the superintendent makes a
determination that satisfactory proof has not been presented, within
fifteen days of the date of the denial of the medical exception, the
certificate holder, registrant, or licensee may file with the
division of real estate a request that the real estate appraiser
board review the determination.
The
board may adopt reasonable rules in accordance with Chapter 119. of
the Revised Code to implement this division.

Sec.
4763.12.
(A)
A person licensed or certified under this chapter may be retained or
employed to act as a disinterested third party in rendering an
unbiased valuation or analysis of real estate or to provide
specialized services to facilitate the client or employer's
objectives. An appraisal or appraisal report rendered by a
certificate holder or licensee shall comply with this chapter. A
certified appraisal or certified appraisal report represents to the
public that it satisfies the standards set forth in this chapter.

(B)
No certificate holder or licensee shall accept a fee for an appraisal
assignment that is contingent, in whole or in part, upon the
reporting of a predetermined estimate, analysis, or opinion or upon
the opinion, conclusion, or valuation reached, or upon consequences
resulting from the appraisal assignment. A certificate holder or
licensee who enters into an agreement to provide specialized services
may charge a fixed fee or a fee that is contingent upon the results
achieved by the specialized services, provided that this fact is
clearly stated in each oral report rendered pursuant to the
agreement, and the existence of the contingent fee arrangement is
clearly stated in a prominent place on each written report and in
each letter of transmittal and certification statement made by the
certificate holder or licensee within that report.

(C)
Every written report rendered by a certificate holder or licensee in
conjunction with an appraisal assignment or specialized service
performed shall include the following information:

(1)
The name of the certificate holder or licensee;

(2)
The class of certification or licensure held by and the certification
or licensure number of the certificate holder or licensee;

(3)
Whether the appraisal or specialized service is performed within the
scope of the certificate holder's or licensee's certification or
licensure;

(4)
Whether the appraisal or specialized service is provided by a
certificate holder or licensee as a disinterested and unbiased third
party or as a person on an interested and biased basis or as an
interested third party on a contingent fee basis;

(5)
The signature of the person performing and reporting the appraisal or
specialized service;

(6)
The license, certificate, or registration number of the appraisal
management company that has engaged the appraiser for the assignment
within the body of the appraisal report;

(7)
If an appraisal report is completed for an appraisal management
company, one of the following:

(a)
The actual fees paid to the appraiser within the body of the
appraisal report;

(b)
If the appraiser is employed by the appraisal management company on
an employee and employer basis for the performance of appraisals, a
statement of that fact and a statement that the appraiser was not
paid a fee.

If
the certificate holder or licensee provides an oral real estate
appraisal report or specialized service, the certificate holder or
licensee shall send, within seven days of providing the oral report,
a form to the client containing the appropriate information specified
in this division

and the rules adopted pursuant to this division
.

(D)
Nothing in this chapter shall be construed as requiring a certificate
holder or licensee to provide a client with a copy of any writing
prepared in support of an oral appraisal report except as provided in
division (C) of this section or as agreed to between the certificate
holder or licensee and the certificate holder's or licensee's client.

(E)
No person, directly or indirectly, shall knowingly compensate,
instruct, induce, coerce, or intimidate, or attempt to compensate,
instruct, induce, coerce, or intimidate, a certificate holder or
licensee for the purpose of corrupting or improperly influencing the
independent judgment of the certificate holder or licensee with
respect to the value of the dwelling offered as security for
repayment of a mortgage loan.

Sec.
4765.11.
(A)
The state board of emergency medical, fire, and transportation
services shall adopt, and may amend and rescind, rules in accordance
with Chapter 119. of the Revised Code and divisions (C) and (D) of
this section that establish all of the following:

(1)
Procedures for its governance and the control of its actions and
business affairs;

(2)
Standards for the performance of emergency medical services by first
responders, emergency medical technicians-basic, emergency medical
technicians-intermediate, and emergency medical
technicians-paramedic;

(3)
Application fees for certificates of accreditation, certificates of
approval, certificates to teach, and certificates to practice, which
shall be deposited into the trauma and emergency medical services
fund created in section 4513.263 of the Revised Code;

(4)
Criteria for determining when the application or renewal fee for a
certificate to practice may be waived because an applicant cannot
afford to pay the fee;

(5)
Procedures for issuance and renewal of certificates of accreditation,
certificates of approval, certificates to teach, and certificates to
practice, including any measures necessary to implement section 9.79
of the Revised Code and any procedures necessary to ensure that
adequate notice of renewal is provided in accordance with division
(E) of section 4765.30 of the Revised Code;

(6)
Procedures for suspending or revoking certificates of accreditation,
certificates of approval, certificates to teach, and certificates to
practice;

(7)
Grounds for suspension or revocation of a certificate to practice
issued under section 4765.30 of the Revised Code and for taking any
other disciplinary action against a first responder, EMT-basic,
EMT-I, or paramedic;

(8)
Procedures for taking disciplinary action against a first responder,
EMT-basic, EMT-I, or paramedic;

(9)
Standards for certificates of accreditation and certificates of
approval;

(10)
Qualifications for certificates to teach;

(11)
Requirements for a certificate to practice;

(12)
The curricula, number of hours of instruction and training, and
instructional materials to be used in adult and pediatric emergency
medical services training programs and adult and pediatric emergency
medical services continuing education programs;

(13)
Procedures for conducting courses in recognizing symptoms of
life-threatening allergic reactions and in calculating proper dosage
levels and administering injections of epinephrine to adult and
pediatric patients who suffer life-threatening allergic reactions;

(14)
Examinations for certificates to practice;

(15)
Procedures for administering examinations for certificates to
practice;

(16)
Procedures for approving examinations that demonstrate competence to
have a certificate to practice renewed without completing an
emergency medical services continuing education program;

(17)
Procedures for granting extensions and exemptions of emergency
medical services continuing education requirements;

(18)
Specifications of the emergency medical services that first
responders are authorized to perform under section 4765.35 of the
Revised Code, that EMTs-basic are authorized to perform under section
4765.37 of the Revised Code, that EMTs-I are authorized to perform
under section 4765.38 of the Revised Code, and that paramedics are
authorized to perform under section 4765.39 of the Revised Code;

(19)
Standards and procedures for implementing the requirements of section
4765.06 of the Revised Code, including designations of the persons
who are required to report information to the board and the types of
information to be reported;

(20)
Procedures for administering the emergency medical services grant
program established under section 4765.07 of the Revised Code;

(21)
Procedures consistent with Chapter 119. of the Revised Code for
appealing decisions of the board;

(22)
Minimum qualifications and peer review and quality improvement
requirements for persons who provide medical direction to emergency
medical service personnel, including, subject to division (B) of
section 4765.42 of the Revised Code, qualifications for a physician
to be eligible to serve as the medical director of an emergency
medical service organization or a member of its cooperating physician
advisory board;

(23)
The manner in which a patient, or a patient's parent, guardian, or
custodian, may consent to the board releasing identifying information
about the patient under division (D) of section 4765.102 of the
Revised Code;

(24)
Circumstances under which a training program or continuing education
program, or portion of either type of program, may be taught by a
person who does not hold a certificate to teach issued under section
4765.23 of the Revised Code;

(25)
Certification cycles for certificates issued under sections 4765.23
and 4765.30 of the Revised Code and certificates issued by the
executive director of the state board of emergency medical, fire, and
transportation services under section 4765.55 of the Revised Code
that establish a common expiration date for all certificates;

(26)
Procedures by which the holder of a certificate to practice who
intends to retire may request the emergency medical service
organization for which the holder performs services to direct the
board to designate the holder as "retired" in the board's
records when the holder retires.

(B)
The board may adopt, and may amend and rescind, rules in accordance
with Chapter 119. of the Revised Code and divisions (C) and (D) of
this section that establish any of the following:

(1)
Specifications of information that may be collected under the trauma
system registry and incidence reporting system created under section
4765.06 of the Revised Code;

(2)
Standards and procedures for implementing any of the recommendations
made by any committees of the board or under section 4765.04 of the
Revised Code;

(3)
Procedures and requirements for conducting background checks on
applicants for the issuance and renewal of certificates of
accreditation, certificates of approval, certificates to teach, and
certificates to practice in accordance with section 109.578 of the
Revised Code
;

(4)
Any other rules necessary to implement this chapter
.

(C)
In developing and administering rules adopted under this chapter, the
state board of emergency medical, fire, and transportation services
shall consult with regional directors and regional advisory boards
appointed under section 4765.05 of the Revised Code and emphasize the
special needs of pediatric and geriatric patients.

(D)
On and after April 6, 2023, the executive director shall not issue to
any new applicant a certificate to practice as an emergency medical
services assistant instructor. Any emergency medical services
assistant instructor certificate that was issued in accordance with
rules adopted under division (A) of this section prior to April 6,
2023, remains valid, subject to any conditions or responsibilities of
retaining the validity of that certificate, until the holder of the
certificate allows it to expire or lapse. The certificate may be
renewed by the holder of that certificate. The board shall adopt,
amend, or rescind rules in accordance with Chapter 119. of the
Revised Code in order to effectuate this division.

(E)
Except as otherwise provided in this division, before adopting,
amending, or rescinding any rule under this chapter, the board shall
submit the proposed rule to the director of public safety for review.
The director may review the proposed rule for not more than sixty
days after the date it is submitted. If, within this sixty-day
period, the director approves the proposed rule or does not notify
the board that the rule is disapproved, the board may adopt, amend,
or rescind the rule as proposed. If, within this sixty-day period,
the director notifies the board that the proposed rule is
disapproved, the board shall not adopt, amend, or rescind the rule as
proposed unless at least twelve members of the board vote to adopt,
amend, or rescind it.

This
division does not apply to an emergency rule adopted in accordance
with section 119.03 of the Revised Code.

(F)
Notwithstanding any requirement for a certificate issued in
accordance with rules adopted by the board under this section, the
board, in accordance with Chapter 4796. of the Revised Code, shall
issue a certificate that is a license as defined in section 4796.01
of the Revised Code to an individual if either of the following
applies:

(1)
The individual holds a license or certificate in another state.

(2)
The individual has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a first responder, emergency medical technician-basic,
emergency medical technician-intermediate, or emergency medical
technician-paramedic in a state that does not issue that license or
certificate.

Sec.
4765.431.
(A)
As used in this section:

(1)
"Emergency medical technician" and "EMT" have the
same meanings as "emergency medical technician-basic" and
"EMT-basic," respectively.

(2)
"Advanced emergency medical technician" and "AEMT"
have the same meanings as "emergency medical
technician-intermediate" and "AEMT," respectively.

(3)
"Nonemergency transport" means the transport of an
individual who requires routine transportation to or from a medical
appointment or service, is convalescent or otherwise nonambulatory,
and, during transport to the destination facility, does not require
medical monitoring, aid, care, or treatment.

(B)
When an ambulance is used for the nonemergency transport of a
patient, the emergency medical service organization operating the
ambulance shall staff the ambulance as follows:

(1)
One individual to serve as the driver who meets the requirements
established in rules adopted under this section, but is not
necessarily an emergency medical technician, advanced emergency
medical technician, or paramedic;

(2)
In addition to the driver, at least one EMT, AEMT, or paramedic.

(C)
The state board of emergency medical, fire, and transportation
services shall adopt rules necessary to implement this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4765.45.
(A)
If the department of public safety collects any of the following
information regarding the administration of overdose reversal drugs,
as defined in section 4729.01 of the Revised Code, by emergency
medical service personnel or any firefighter or volunteer
firefighter, the department of public safety shall report the
information for the previous month to the department of health on a
monthly basis and in a manner prescribed by the department of health:

(1)
The five-digit postal zip code plus four-digit add-on where the
overdose reversal drug was administered;

(2)
The date on which the overdose reversal drug was administered;

(3)
The number of doses administered;

(4)
The name of the emergency medical service organization or fire
department that administered the overdose reversal drug;

(5)
Whether or not an overdose was reversed;

(6)
Whether the individual to whom the overdose reversal drug was
administered was taken to a hospital;

(7)
If known, the individual's age;

(8)
If known, the United States postal zip code in which the individual
resides.

When
reporting to the department of health, the department of public
safety shall not include any information that identifies or tends to
identify specific individuals to whom overdose reversal drugs were
administered.

(B)
Each month, the department of health shall compile the information
received under division (A) of this section, organize it by county,
and forward it to each board of alcohol, drug addiction, and mental
health services in this state.

(C)
The department of health may adopt rules as necessary to implement
this section. The rules shall be adopted in accordance with Chapter
119. of the Revised Code.

Sec.
4766.03.
(A)
The state board of emergency medical, fire, and transportation
services shall adopt rules, in accordance with Chapter 119. of the
Revised Code,

implementing the requirements of this chapter. The rules shall
include provisions

relating to the following:

(1)
Requirements for an emergency medical service organization to receive
a permit for an ambulance or nontransport vehicle;

(2)
Requirements for an emergency medical service organization to receive
a license as a basic life-support, intermediate life-support,
advanced life-support, or mobile intensive care unit organization;

(3)
Requirements for a nonemergency medical service organization to
receive a permit for an ambulette vehicle;

(4)
Requirements for a nonemergency medical service organization to
receive a license for an ambulette service;

(5)
Requirements for an air medical service organization to receive a
permit for a rotorcraft air ambulance or fixed wing air ambulance;

(6)
Requirements for licensure of air medical service organizations;

(7)
Forms for applications and renewals of licenses and permits;

(8)
Requirements for record keeping of service responses made by licensed
emergency medical service organizations;

(9)
Fee amounts for licenses and permits, and their renewals;

(10)
Inspection requirements for licensees' vehicles or aircraft, records,
and physical facilities;

(11)
Fee amounts for inspections of ambulances, ambulettes, rotorcraft air
ambulances, fixed wing air ambulances, and nontransport vehicles;

(12)
Requirements for ambulances and nontransport vehicles used by
licensed emergency medical service organizations, for ambulette
vehicles used by licensed nonemergency medical service organizations,
and for rotorcraft air ambulances or fixed wing air ambulances used
by licensed air medical service organizations that specify for each
type of vehicle or aircraft the types of equipment that must be
carried, the communication systems that must be maintained, and the
personnel who must staff the vehicle or aircraft;

(13)
The level of care each type of emergency medical service
organization, nonemergency medical service organization, and air
medical service organization is authorized to provide;

(14)
Eligibility requirements for employment as an ambulette driver,
including grounds for disqualification due to the results of a motor
vehicle law violation check, chemical test, or criminal records
check. The rule may require that an applicant for employment as an
ambulette driver provide a set of fingerprints to law enforcement
authorities if the applicant comes under final consideration for
employment.

(15)
Any other rules that the board determines necessary for the
implementation and enforcement of this chapter.

(B)
In the rules for ambulances and nontransport vehicles adopted under
division (A)(12) of this section, the board may establish
requirements that vary according to whether the emergency medical
service organization using the vehicles is licensed as a basic
life-support, intermediate life-support, advanced life-support, or
mobile intensive care unit organization.

(C)
A mobile intensive care unit that is not dually certified to provide
advanced life-support and meets the requirements of the rules adopted
under this section is not required to carry immobilization equipment,
including board splint kits, traction splints, backboards, backboard
straps, cervical immobilization devices, cervical collars, stair
chairs, folding cots, or other types of immobilization equipment
determined by the board to be unnecessary for mobile intensive care
units.

A
mobile intensive care unit is exempt from the emergency medical
technician staffing requirements of section 4765.43 of the Revised
Code when it is staffed by at least one physician or registered nurse
and another person, designated by a physician, who holds a valid
license or certificate to practice in a health care profession, and
when at least one of the persons staffing the mobile intensive care
unit is a registered nurse whose training meets or exceeds the
training required for a paramedic.

Sec.
4768.03.
The
real estate appraiser board shall do all of the following:

(A)
Adopt rules, in accordance with Chapter 119. of the Revised Code

in furtherance of this chapter, including, but not limited to
,

regarding

all of the following:

(1)
Procedures for criminal records checks that are required under
section 4768.06 of the Revised Code, in accordance with division (L)
of section 121.08 and division (C) of section 4768.06 of the Revised
Code;

(2)
The following nonrefundable fees:

(a)
The initial appraisal management company license fee, which shall not
exceed two thousand dollars;

(b)
The annual renewal fee, which shall not exceed two thousand dollars;

(c)
The late filing fee, which shall not exceed one thousand dollars, for
the renewal of a license under division (C) of section 4768.07 of the
Revised Code.

(3)
Requirements for settlement agreements that the superintendent of
real estate and professional licensing and an appraisal management
company or other person may enter into under division (H) of section
4768.13 or division (C) of section 4768.14 of the Revised Code;

(4)
Presumptions of compliance with regard to the customary and
reasonable fees required under division (B) of section 4768.12 of the
Revised Code. In adopting rules under division (A)(4) of this
section, the board shall consider presumptions of compliance
promulgated for the same purpose under the federal "Truth in
Lending Act," 82 Stat. 146, 15 U.S.C. 1631 et seq.;

(5)
Rules regarding consent to service of process for appraisal
management companies in accordance with division (A)(6) of section
4768.06 of the Revised Code.

(B)
Determine the appropriate disciplinary actions to be taken against a
person, including a licensee, under section 4768.13 of the Revised
Code;

(C)
Hear appeals, pursuant to Chapter 119. of the Revised Code, from
decisions and orders that the superintendent issues pursuant to this
chapter;

(D)
Request that the superintendent initiate an investigation of a
violation of this chapter or the rules adopted under it, as the board
determines appropriate.

Sec.
4771.05.
The
Ohio athletic commission, established under section 3773.33 of the
Revised Code, shall do all of the following:

(A)
Review the application form of an applicant for registration as an
athlete agent;

(B)
Issue and renew biennial certificates of registration for an athlete
agent pursuant to this chapter;

(C)
Maintain records of every athlete agent registered in this state,
including the agent's business and residential address, and the date
and number of the agent's registration;

(D)
Establish an application form to be completed by an individual
seeking registration as an athlete agent;

(E)
Establish a fee for the registration, and renewal of the
registration, of an individual as an athlete agent in an amount
necessary to generate sufficient funds to cover the cost of
administering and enforcing this chapter
;

(F)
Adopt rules in accordance with Chapter 119. of the Revised Code to
carry out the purposes of this chapter
.

Sec.
4771.07.
(A)
Each individual who desires to serve as an athlete agent within this
state shall first file an application for registration with the Ohio
athletic commission. The applicant shall apply using a form
prescribed by the commission and shall provide all the following
information:

(1)
The name and residential address of the applicant;

(2)
The address of the primary location in which the applicant wishes to
conduct business as an athlete agent;

(3)
The type of business conducted or the occupation held by the
applicant during the five years immediately preceding application;

(4)
The location and evidence of a trust fund established in accordance
with division (B) of section 4771.12 of the Revised Code and rules
adopted by the commission;

(5)
The name and address of all persons who have a financial interest in
the business operation of the applicant, or who are compensated for
the solicitation or recruitment of athletes on behalf of the
applicant, except for salaried employees who receive no commission or
bonus pursuant to any agent or professional sports services contract;

(6)
Any other information deemed necessary by the commission.

(B)
The applicant shall submit with the application for registration an
affidavit or certificate of completion describing all formal training
or practical experience completed by the applicant in any of the
following areas:

(1)
Contracts;

(2)
Contract negotiations;

(3)
Complaint resolution;

(4)
Arbitration;

(5)
Dispute resolution.

An
attorney admitted to practice law in this state shall submit with the
application a certificate of good standing issued by the supreme
court of Ohio in lieu of an affidavit or certificate otherwise
required under this division.

(C)
An applicant shall submit with the application for registration an
application fee in an amount determined by the commission pursuant to
division
(F)
(E)

of section 4771.05 of the Revised Code and proof of one of the
securities required under section
477.11

4771.11
of the Revised Code.

(D)
An athlete agent shall notify the commission of any change in
business location or address during the period of application for
registration or during the period of time the registration of the
athlete agent is valid.

Sec.
4771.08.
(A)
Upon receipt of all the materials required for application for
registration under section 4771.07 of the Revised Code, the Ohio
athletic commission shall evaluate the information provided and issue
a certificate of registration to the applicant, unless the commission
finds that the applicant or an employee or representative of the
applicant has committed any of the acts described in division (A) of
section 4771.18 of the Revised Code.

Notwithstanding
the requirements for a certificate of registration under this
chapter, the commission shall issue a certificate of registration in
accordance with Chapter 4796. of the Revised Code to an applicant if
either of the following applies:

(1)
The applicant is registered in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as an athlete agent in a state that does not issue that
certificate of registration.

(B)
The commission may issue a temporary certificate of registration,
effective for a period of up to ninety days after the issuance of the
temporary registration, to a nonresident athlete agent who is
registered as an athlete agent in another state, or to a person who
has not submitted all the material required under section 4771.07 of
the Revised Code, but who the commission determines to have submitted
sufficient material to warrant the issuance of a temporary
certificate. Chapter 4796. of the Revised Code does not apply to a
temporary certificate of registration issued under this division.

(C)
The registration of an athlete agent with the commission is valid for
a period of two years after the date the certificate of registration
is issued. An athlete agent shall file an application for the renewal
of a registration with the commission at least thirty days prior to
the expiration of the registration of the athlete agent. An
application for renewal shall be accompanied by a renewal fee in an
amount determined by the commission pursuant to division
(F)
(E)

of section 4771.05 of the Revised Code.

(D)
Each certificate of registration issued by the commission to an
athlete agent shall contain all the following information:

(1)
The name of the athlete agent;

(2)
The address of the primary location in which the athlete agent is
authorized to conduct business as an athlete agent;

(3)
A registration number for the athlete agent and the date of issuance
of the registration.

(E)
No registration or certificate of registration is valid for any
individual other than the athlete agent to whom it is issued.

(F)
The commission is not liable for the acts of an athlete agent who is
registered with the commission.

Sec.
4772.13.
(A)
Subject to division (B) of this section, a certified mental health
assistant may prescribe to a patient a controlled substance only if
the controlled substance is one of the following:

(1)
Buprenorphine, but only for a patient that is actively engaged in
opioid use disorder treatment;

(2)
A benzodiazepine, but only in the following circumstances:

(a)
For a patient diagnosed by the supervising physician as having a
chronic anxiety disorder;

(b)
For a patient with acute anxiety or agitation, but only in an amount
indicated for a period not to exceed seven days.

(3)
A stimulant that has been approved by the federal food and drug
administration for the treatment of attention deficit hyperactivity
disorder, but only if the supervising physician has diagnosed the
patient with, or confirmed the patient's diagnosis of, attention
deficit
hyper
activity
hyperactivity

disorder.

(B)
Except as provided in division (C) of this section, a certified
mental health assistant licensed under this chapter who has been
granted physician-delegated prescriptive authority by the physician
supervising the certified mental health assistant shall comply with
all of the following as conditions of prescribing a controlled
substance identified in division (A) of this section as part of a
patient's course of treatment for a particular condition:

(1)
Before initially prescribing the drug, the certified mental health
assistant or the certified mental health assistant's delegate shall
request from the drug database a report of information related to the
patient that covers at least the twelve months immediately preceding
the date of the request. If the certified mental health assistant
practices primarily in a county of this state that adjoins another
state, the certified mental health assistant or delegate also shall
request a report of any information available in the drug database
that pertains to prescriptions issued or drugs furnished to the
patient in the state adjoining that county.

(2)
If the patient's course of treatment for the condition continues for
more than ninety days after the initial report is requested, the
certified mental health assistant or delegate shall make periodic
requests for reports of information from the drug database until the
course of treatment has ended. The requests shall be made at
intervals not exceeding ninety days, determined according to the date
the initial request was made. The request shall be made in the same
manner provided in division (B)(1) of this section for requesting the
initial report of information from the drug database.

(3)
On receipt of a report under division (B)(1) or (2) of this section,
the certified mental health assistant shall assess the information in
the report. The certified mental health assistant shall document in
the patient's record that the report was received and the information
was assessed.

(C)
Division (B) of this section does not apply in any of the following
circumstances:

(1)
A drug database report regarding the patient is not available, in
which case the certified mental health assistant shall document in
the patient's record the reason that the report is not available.

(2)
The drug is prescribed in an amount indicated for a period not to
exceed seven days.

(3)
The drug is prescribed to a hospice patient in a hospice care
program, as those terms are defined in section 3712.01 of the Revised
Code, or any other patient diagnosed as terminally ill.

(4)
The drug is prescribed for administration in a hospital, nursing
home, or residential care facility.

(5)
If the state board of pharmacy no longer maintains the drug database.

(D)
The state medical board shall adopt rules in accordance with Chapter
119. of the Revised Code
to
implement this section, including
regarding

both
of the following:

(1)
Standards and procedures to be followed by a certified mental health
assistant who has been granted physician-delegated prescriptive
authority regarding the review of patient information available
through the drug database under division (A)(5) of section 4729.80 of
the Revised Code.

The
rules adopted under this division do not apply if the state board of
pharmacy no longer maintains the drug database.

(2)
Standards and procedures to be followed by a certified mental health
assistant in the use of buprenorphine for use in medication-assisted
treatment, including regarding detoxification, relapse prevention,
patient assessment, individual treatment planning, counseling and
recovery supports, diversion control, and other topics selected by
the board after considering best practices in medication-assisted
treatment.

The
board may apply the rules to all circumstances in which a certified
mental health assistant prescribes drugs for use in
medication-assisted treatment or limit the application of the rules
to prescriptions for medication-assisted treatment issued for
patients being treated in office-based practices or other practice
types or locations specified by the board.

The
rules adopted under this division shall be consistent with this
chapter and, to the extent consistent with this chapter, rules
adopted under sections 4723.51, 4730.55, and 4731.056 of the Revised
Code.

Sec.
4772.19.
(A)

The
state medical board shall adopt rules in accordance with Chapter 119.
of the Revised Code
to
implement and administer this chapter.

(B)
The rules adopted under this section shall include
regarding

all
of the following:

(1)
(A)

Standards and procedures for issuing and renewing licenses to
practice as a certified mental health assistant;

(2)
(B)

Application fees for an initial or renewed license;

(3)
(C)

Rules governing physician-delegated prescriptive authority for
certified mental health assistants;

(4)
(D)

Rules establishing quality assurance standards for certified mental
health assistants, including a process to be used for all of the
following:

(a)
(1)

Routine review by the supervising physician of selected patient
record entries made by the certified mental health assistant and
selected medical orders issued by the certified mental health
assistant;

(b)
(2)

Discussion of complex cases;

(c)
(3)

Discussion of new medical developments relevant to the practice of
the supervising physician and certified mental health assistant;

(d)
(4)

Performance of any other quality assurance activities the board
considers necessary.

(5)
Any other standards and procedures the board considers necessary to
govern the practice of certified mental health assistants, the
supervisory relationship between certified mental health assistants
and supervising physicians, and the administration and enforcement of
this chapter.

Sec.
4773.08.
The
director of health shall adopt rules

to implement and administer this chapter. In adopting the rules, the
director shall consider
considering

any
recommendations made by the radiation advisory council created under
section 3748.20 of the Revised Code. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code and shall not be
less stringent than any applicable standards specified in 42 C.F.R.
75. The rules shall establish all of the following:

(A)
Standards for licensing general x-ray machine operators,
radiographers, radiation therapy technologists, and nuclear medicine
technologists;

(B)
Application, renewal, and reinstatement fees for licenses issued
under this chapter that do not exceed the cost incurred in issuing,
renewing, and reinstating the licenses;

(C)
Standards for accreditation of educational programs and approval of
continuing education programs in general x-ray machine operation,
radiology, radiation therapy technology, and nuclear medicine
technology;

(D)
Fees for accrediting educational programs and approving continuing
education programs in general x-ray machine operation, radiology,
radiation therapy technology, and nuclear medicine technology that do
not exceed the cost incurred in accrediting the educational programs;

(E)
Fees for issuing conditional licenses under section 4773.05 of the
Revised Code that do not exceed the cost incurred in issuing the
licenses;

(F)
Continuing education requirements that must be met to have a license
renewed or reinstated under section 4773.03 of the Revised Code;

(G)
Continuing education requirements that the holder of a conditional
license must meet to receive a license issued under section 4773.03
of the Revised Code;

(H)
Standards for approving national certifying organizations that
certify nuclear medicine technologists or radiation therapy
technologists to perform computed tomography;

(I)
Standards for performing computed tomography procedures
;

(J)
Any other rules necessary for the implementation or administration of
this chapter
.

Sec.
4774.062.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as a radiologist assistant and who retires
voluntarily from practice may request that the state medical board
place the individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as a
radiologist assistant;

(c)
That the applicant does not have any criminal charges pending against
the applicant;

(d)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(e)
That the applicant does not have any complaints pending with the
board;

(f)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4774.06 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a radiologist
assistant under any circumstance.

(2)
The license holder is prohibited from using the license to obtain a
license to practice as a radiologist assistant in another state,
whether by endorsement or reciprocity or through a licensure compact.

(3)
The license holder is not required to complete the continuing
education described in section 4774.06 of the Revised Code.

(4)
The license holder may use a title authorized for the holder's
license as described in section 4774.02 of the Revised Code, but only
if "retired" also is included in the title.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4774.061 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements that must be met for renewal of a license.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4774.06 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a radiologist
assistant in another state, or uses a title that does not reflect the
holder's retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4774.13
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4774.11.
(A)

The state medical board shall adopt rules in accordance with Chapter
119. of the Revised Code
to
implement and administer this chapter. In adopting the rules, the
board shall take

regarding all of the following, taking
into
consideration the guidelines adopted by the American college of
radiology, the American society of radiologic technologists, and the
American registry of radiologic technologists
.

(B)
The rules adopted under this section shall include all of the
following
:

(1)
(A)

Standards and procedures for issuing and renewing licenses to
practice as a radiologist assistant;

(2)
(B)

Application fees for an initial or renewed license;

(3)
(C)

Any additional radiologic procedures that radiologist assistants may
perform pursuant to division (A)(5) of section 4774.08 of the Revised
Code and the level of supervision that the supervising radiologist is
required to provide pursuant to section 4774.10 of the Revised Code;

(4)
(D)

Definitions of "general anesthesia," "deep sedation,"
"moderate sedation, "and "minimal sedation
.
"
;

(5)
Any other standards and procedures the board considers necessary to
govern the practice of radiologist assistants, the supervisory
relationship between radiologist assistants and supervising
radiologists, and the administration and enforcement of this chapter.

Sec.
4775.04.
(A)
The motor vehicle repair board shall do all of the following:

(1)
Adopt rules in accordance with Chapter 119. of the Revised Code
as
necessary to carry out the purposes of this chapter. The rules shall
include
regarding

requirements
for the type of liability insurance required under division (A) of
section 4775.07 of the Revised Code. The rules shall permit the use
of an insurance policy issued by any insurer authorized to issue that
type of insurance in this state.

(2)
Appoint an executive director to serve at the pleasure of the board;

(3)
Direct the executive director as to how the executive director shall
perform the duties imposed under this chapter;

(4)
Consider and make recommendations in regard to all matters submitted
to the board by the executive director;

(5)
Determine whether to refuse to issue or renew a registration
certificate or determine whether to waive a suspension of a
registration certificate as provided in division (D) of section
4775.07 of the Revised Code;

(6)
Do all acts and perform all functions as are necessary for the
administration and enforcement of this chapter.

(B)
Nothing in this chapter shall be interpreted as granting the board
any authority over a motor vehicle collision repair operator
concerning the quality of work performed in the repair of, or
installation of parts on, motor vehicles.

Sec.
4778.03.
(A)
Except as provided in division (D) of this section, an individual
seeking a license to practice as a genetic counselor shall file with
the state medical board an application in a manner prescribed by the
board. The application shall include all the information the board
considers necessary to process the application, including evidence
satisfactory to the board that the applicant meets the requirements
specified in division (B) of this section.

At
the time an application is submitted, the applicant shall pay the
board an application fee of two hundred dollars. No part of the fee
shall be returned to the applicant or transferred for purposes of
another application.

(B)
Except as provided in division (D) of this section, to be eligible to
receive a license to practice as a genetic counselor, an applicant
shall demonstrate to the board that the applicant meets all of the
following requirements:

(1)
Is at least eighteen years of age;

(2)
Has attained a master's degree or higher degree from a genetic
counseling graduate program accredited by the American board of
genetic counseling, inc.;

(3)
Is a certified genetic counselor
;

(4)
Has satisfied any other requirements established by the board in
rules adopted under section 4778.12 of the Revised Code
.

(C)
The board shall review all applications received under this section.
Not later than sixty days after receiving an application it considers
complete, the board shall determine whether the applicant meets the
requirements for a license to practice as a genetic counselor.

(D)
The board shall issue a license to practice as a genetic counselor in
accordance with Chapter 4796. of the Revised Code to an applicant if
either of the following applies:

(1)
The applicant holds a license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as a genetic counselor in a state that does not issue that
license.

Sec.
4778.072.
(A)
An individual who holds a current, valid license issued under this
chapter to practice as a genetic counselor and who retires
voluntarily from practice may request that the state medical board
place the individual's license on retired status.

(B)
An individual seeking to have the individual's license placed on
retired status shall file with the board an application in the form
and manner prescribed by the board. The application shall be
submitted before the end of a biennial renewal period and include all
of the following:

(1)
The applicant's full name, license number, mailing address, and
electronic mail address;

(2)
An attestation that the information included in the application is
accurate and truthful and that the applicant meets the following
qualifications:

(a)
That the applicant holds a current, valid license issued under this
chapter;

(b)
That the applicant has retired voluntarily from practice as a genetic
counselor;

(c)
That the applicant does not have any criminal charges pending against
the applicant;

(d)
That the applicant is not the subject of discipline by, or an
investigation pending with, a regulatory agency of this state,
another state, or the United States;

(e)
That the applicant does not have any complaints pending with the
board;

(f)
That the applicant is not, at the time of application, subject to the
board's hearing, disciplinary, or compliance processes under the
terms of a citation, notice of opportunity for hearing, board order,
or consent agreement.

(3)
A fee in an amount equal to the sum of the biennial renewal fee and
restoration penalty described in section 4778.07 of the Revised Code.

The
board shall not consider an application for retired status complete
until the board receives the fee described in this division. On
receipt of a fee, the board shall deposit the fee in accordance with
section 4731.24 of the Revised Code.

(C)
If the board determines that an applicant meets the requirements of
division (B) of this section, the board shall place the applicant's
license on retired status. The license remains on retired status for
the life of the license holder, unless suspended, revoked, or
reactivated, and does not require renewal.

(D)
During the period in which a license is on retired status, all of the
following apply:

(1)
The license holder is prohibited from practicing as a genetic
counselor under any circumstance.

(2)
The license holder is not required to complete the continuing
education required by section 4778.06 of the Revised Code.

(3)
The license holder is prohibited from using the license to obtain a
license to practice as a genetic counselor in another state, whether
by endorsement or reciprocity or through a licensure compact.

(4)
The license holder may use a title authorized for the holder's
license as described in section 4778.02 of the Revised Code, but only
if "retired" also is included in the title.

(E)
If a license has been placed on retired status pursuant to this
section, it may be reactivated. Subject to section 4778.071 of the
Revised Code, the board may reactivate a license placed on retired
status if all of the following conditions are satisfied:

(1)
The individual seeking to reactivate the license applies to the board
in the form and manner prescribed by the board.

(2)
The applicant certifies completion of, within the two-year period
that ends on the date of the application's submission, the continuing
education requirements for renewal of a license to practice.

(3)
The applicant complies with sections 4776.01 to 4776.04 of the
Revised Code.

(4)
The applicant pays a reactivation fee in an amount equal to the sum
of the biennial renewal fee and restoration penalty described in
section 4778.07 of the Revised Code.

The
board shall not consider an application to reactivate a license
complete until the board receives the fee described in this division.
On receipt of a fee, the board shall deposit the fee in accordance
with section 4731.24 of the Revised Code.

(F)
The board shall reactivate a license placed on retired status if the
conditions of division (E) of this section have been satisfied and
the board, in its discretion, determines that the results of the
criminal records check conducted pursuant to sections 4776.01 to
4776.04 of the Revised Code do not make the applicant ineligible for
active status.

(G)
The board may take disciplinary action against an applicant who is
seeking to place a license on retired status or to reactivate the
license if the applicant commits fraud, misrepresentation, or
deception in applying for or securing the retired status or
reactivation.

The
board also may take disciplinary action against the holder of a
license placed on retired status if the holder practices under the
license, uses the license to obtain licensure as a genetic counselor
in another state, or uses a title that does not reflect the holder's
retired status.

In
taking disciplinary action under this section, the board may impose
on the applicant or holder any sanction described in section 4778.14
of the Revised Code, but shall do so in accordance with the
procedures described in that section.

(H)
The board may adopt rules to implement and enforce this section. The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
4778.12.
The
state medical board shall adopt rules in accordance with Chapter 119.
of the Revised Code
to
implement and administer this chapter. The rules shall include

regarding

the
following:

(A)
Any standards and procedures not addressed in this chapter that the
board considers necessary for issuing and renewing licenses under
this chapter;

(B)
Any standards and procedures the board considers necessary to govern
the practice of genetic counselors, the collaborative agreements
between genetic counselors and collaborating physicians, and the
supervision of genetic counselors holding supervised practice
licenses
;

(C)
Any other standards and procedures the board considers necessary for
the administration and enforcement of this chapter
.

Sec.
4779.08.
(A)
The Ohio occupational therapy, physical therapy, and athletic
trainers board shall adopt rules in accordance with Chapter 119. of
the Revised Code
to
carry out the purposes of this chapter, including rules
prescribing
all of the following:

(1)
The form and manner of filing of applications to be admitted to
examinations and for licensure and license renewal;

(2)
Standards and procedures for formulating, evaluating, approving, and
administering licensing examinations or recognizing other entities
that conduct examinations;

(3)
The form, scoring, and scheduling of licensing examinations;

(4)
Fees for examinations and applications for licensure and license
renewal;

(5)
Fees for approval of continuing education courses;

(6)
Procedures for issuance, renewal, suspension, and revocation of
licenses and the conduct of disciplinary hearings;

(7)
The schedule to be used for biennial renewal of licenses;

(8)
Standards of ethical and professional conduct in the practice of
orthotics, prosthetics, and pedorthics;

(9)
Standards for approving national certification organizations in
orthotics, prosthetics, and pedorthics;

(10)
Fines for violations of this chapter;

(11)
Standards for the recognition and approval of educational programs
required for licensure, including standards for approving foreign
educational credentials;

(12)
Standards for continuing education programs required for license
renewal;

(13)
The amount, scope, and nature of continuing education activities
required for license renewal, including waivers of the continuing
education requirements;

(14)
Provisions for making available the information described in section
4779.22 of the Revised Code;

(15)
Requirements for criminal records checks of applicants under section
4776.03 of the Revised Code;

(16)
Requirements for an individual who is not licensed under this chapter
to practice prosthetics or orthotics and prosthetics to engage in the
3-D printing of open-source prosthetic kits;

(17)
Requirements for an applicant to be eligible for an orthotics,
prosthetics, or orthotics and prosthetics license because of the
applicant's unique and exceptional qualifications based on the
recommendations submitted to the board by the orthotics, prosthetics,
and pedorthics advisory council under section 4779.35 of the Revised
Code, including standards for satisfactory evidence that demonstrate
the applicant's qualifications through the applicant's education,
experience, or training.

(B)

The
board may adopt any other rules necessary for the administration of
this chapter.

(C)

All
fees received by the board under this section shall be deposited in
the state treasury to the credit of the occupational licensing and
regulatory fund established in section 4743.05 of the Revised Code.

Sec.
4779.32.
If
any person makes an allegation against an individual who holds a
license issued under this chapter, the allegation shall be reduced to
writing and verified by a person who is familiar with the facts
underlying the allegation. The person making the allegation shall
file the allegation with the Ohio occupational therapy, physical
therapy, and athletic trainers board. If a person alleges that a
license holder is engaging or has engaged in conduct described in
division (A) of section 4779.28 of the Revised Code, the board may
proceed with an adjudication hearing under Chapter 119. of the
Revised Code. The board shall retain the information filed under this
section in accordance with rules adopted by the board

under section 4779.08 of the Revised Code
.

Sec.
4781.04.
(A)
The department of commerce, division of industrial compliance shall
adopt rules pursuant to Chapter 119. of the Revised Code to do all of
the following:

(1)
Establish uniform standards that govern the installation of
manufactured housing that are consistent with, and not less stringent
than, the model standards for the design and installation of
manufactured housing the secretary of the United States department of
housing and urban development adopts;

(2)
Govern the inspection of the installation of manufactured housing.
The rules shall specify that the division of industrial compliance,
any building department or personnel of any department, or any
private third party, certified pursuant to section 4781.07 of the
Revised Code shall conduct all inspections of the installation of
manufactured housing located in manufactured home parks to determine
compliance with the uniform installation standards the division of
industrial compliance establishes pursuant to this section.

(3)
Govern the design, construction, installation, approval, and
inspection of foundations and the base support systems for
manufactured housing. The rules shall specify that the division of
industrial compliance, any building department or personnel of any
department, or any private third party, certified pursuant to section
4781.07 of the Revised Code shall conduct all inspections of the
installation, foundations, and base support systems of manufactured
housing located in manufactured home parks to determine compliance
with the uniform installation standards and foundation and base
support system design the division of industrial compliance
establishes pursuant to this section.

(4)
Govern the training, experience, and education requirements for
manufactured housing installers;

(5)
Establish a code of ethics for manufactured housing installers;

(6)
Govern the issuance, revocation, and suspension of licenses to
manufactured housing installers;

(7)
Establish fees for the issuance and renewal of licenses, for
conducting inspections to determine an applicant's compliance with
this chapter and the rules adopted pursuant to it, and for the
division's expenses incurred in implementing this chapter;

(8)
Establish conditions under which a licensee may enter into contracts
to fulfill the licensee's responsibilities;

(9)
Govern the investigation of complaints concerning any complaints
involving the conduct of any licensed manufactured housing installer
or person installing manufactured housing without a license;

(10)
Establish a dispute resolution program for the timely resolution of
warranty issues involving new manufactured homes, disputes regarding
responsibility for the correction or repair of defects in
manufactured housing, and the installation of manufactured housing.
The rules shall provide for the timely resolution of disputes between
manufacturers, manufactured housing dealers, and installers regarding
the correction or repair of defects in manufactured housing that are
reported by the purchaser of the home during the one-year period
beginning on the date of installation of the home. The rules also
shall provide that decisions made regarding the dispute under the
program are not binding upon the purchaser of the home or the other
parties involved in the dispute unless the purchaser so agrees in a
written acknowledgement that the purchaser signs and delivers to the
program within ten business days after the decision is issued.

(11)
Establish the requirements and procedures for the certification of
building departments and building department personnel pursuant to
section 4781.07 of the Revised Code;

(12)
Establish fees to be charged to building departments and building
department personnel applying for certification and renewal of
certification pursuant to section 4781.07 of the Revised Code;

(13)
Develop a policy regarding the maintenance of records for any
inspection authorized or conducted pursuant to this chapter. Any
record maintained under division (A)(13) of this section shall be a
public record under section 149.43 of the Revised Code.

(B)
The division of industrial compliance shall do all of the following:

(1)
Prepare and administer a licensure examination to determine an
applicant's knowledge of manufactured housing installation and other
aspects of installation the division determines appropriate;

(2)
Select, provide, or procure appropriate examination questions and
answers for the licensure examination and establish the criteria for
successful completion of the examination;

(3)
Prepare and distribute any application form sections 4781.01 to
4781.11 of the Revised Code require;

(4)
Receive applications for licenses and renewal of licenses and issue
licenses to qualified applicants;

(5)
Establish procedures for processing, approving, and disapproving
applications for licensure;

(6)
Retain records of applications for licensure, including all
application materials submitted and a written record of the action
taken on each application;

(7)
Review the design and plans for manufactured housing installations,
foundations, and support systems;

(8)
Inspect a sample of homes at a percentage the division determines to
evaluate the construction and installation of manufactured housing
installations, foundations, and support systems to determine
compliance with the standards the division adopts;

(9)
Investigate complaints concerning violations of this chapter or the
rules adopted pursuant to it, or the conduct of any manufactured
housing installer;

(10)
Determine appropriate disciplinary actions for violations of this
chapter;

(11)
Conduct audits and inquiries of manufactured housing installers as
appropriate for the enforcement of this chapter. The division, or any
person the division employs for the purpose, may review and audit the
business records of any manufactured housing installer during normal
business hours.

(12)
Approve an installation training course, which may be offered by the
Ohio manufactured homes association or other entity.

(C)
Nothing in this section, or in any rule adopted by the division of
industrial compliance, shall be construed to limit the authority of a
board of health to enforce section 3701.344 or Chapters 3703., 3718.,
and 3781. of the Revised Code or limit the authority of the
department of administrative services to lease space for the use of a
state agency and to group together state offices in any city in the
state as provided in section 123.01 of the Revised Code.

(D)
The department of commerce, division of real estate and professional
licensing may adopt rules pursuant to Chapter 119. of the Revised
Code necessary for administration of the provisions of this chapter
related to manufactured home dealers, brokers, and salespersons.

Sec.
4783.03.
(A)

The state board of psychology shall
administer
and enforce this chapter. The board shall
adopt
rules under Chapter 119. of the Revised Code establishing all of the
following:

(1)
(A)

Procedures and requirements for applying for a certificate issued
under section 4783.04 of the Revised Code;

(2)
(B)

Fees for issuance of a certificate;

(3)
(C)

Reductions of the hours of continuing education required by section
4783.05 of the Revised Code for persons in their first certificate
period.

(B)
The board may adopt additional rules in accordance with Chapter 119.
of the Revised Code as the board determines are necessary to
implement and enforce this chapter.

Sec.
4785.08.
(A)
In accordance with Chapter 119. of the Revised Code, the
superintendent of industrial compliance shall adopt rules pertaining
to all of the following:

(1)
The issuance and renewal of elevator mechanic's licenses and elevator
contractor's licenses;

(2)
The list of disqualifying offenses required under division (B) of
section 9.79 of the Revised Code.

(B)
In accordance with Chapter 119. of the Revised Code, the
superintendent may adopt rules pertaining to all of the following:

(1)
Assisting in the development of public awareness programs;

(2)
Classifications or subclassifications of licenses for elevator
mechanics and elevator contractors;

(3)
Monitoring inspections and testing in order to ensure satisfactory
performance by licensees;

(4)
Fee schedules for elevator mechanic and elevator contractor licenses.
The fees shall reflect the actual costs and expenses necessary to
administer this chapter.

(5)
Establishing standards for the approval of license testing agencies,
pursuant to division (D)(1)(b) of section 4785.04 of the Revised
Code;

(6)
Establishing standards for the approval of continuing education and
training providers, pursuant to division (B) of section 4785.041 of
the Revised Code
;

(7)
Any other rules necessary to administer and carry out this chapter
.

(C)
Notwithstanding divisions (A) and (B) of this section or Chapter
4105. of the Revised Code, the superintendent shall not adopt rules
relating to the construction, maintenance, and repair of elevators,
except as pertaining to licensing individuals under this chapter.

(D)
The superintendent may exercise such other powers and duties as are
necessary to carry out the purpose and intent of this chapter.

(E)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, the superintendent may adopt rules pertaining to the
issuance and renewal of elevator mechanic's licenses and elevator
contractor's licenses that contain regulatory restrictions as
described in that section without simultaneously removing two or more
other existing regulatory restrictions.

Sec.
4796.30.
Each
licensing authority shall adopt rules
as
necessary to implement this chapter, including rules
regarding
issuing restricted or limited licenses or government certifications
under section 4796.10 of the Revised Code.

Sec.
4905.06.
The
public utilities commission has general supervision over all public
utilities within its jurisdiction as defined in section 4905.05 of
the Revised Code, and may examine such public utilities and keep
informed as to their general condition, capitalization, and
franchises, and as to the manner in which their properties are
leased, operated, managed, and conducted with respect to the adequacy
or accommodation afforded by their service, the safety and security
of the public and their employees, and their compliance with all
laws, orders of the commission, franchises, and charter requirements.
The commission has general supervision over all other companies
referred to in section 4905.05 of the Revised Code to the extent of
its jurisdiction as defined in that section, and may examine such
companies and keep informed as to their general condition and
capitalization, and as to the manner in which their properties are
leased, operated, managed, and conducted with respect to the adequacy
or accommodation afforded by their service, and their compliance with
all laws and orders of the commission, insofar as any of such matters
may relate to the costs associated with the provision of electric
utility service by public utilities in this state which are
affiliated or associated with such companies. The commission, through
the public utilities commissioners or inspectors or employees of the
commission authorized by it, may enter in or upon, for purposes of
inspection, any property, equipment, building, plant, factory,
office, apparatus, machinery, device, and lines of any public
utility. The power to inspect includes the power to prescribe any

rule
or
order
that the commission finds necessary for protection of the public
safety. In order to assist the commission in the performance of its
duties under this chapter, authorized employees of the motor carrier
enforcement unit, created under section 5503.34 of the Revised Code
in the division of state highway patrol, of the department of public
safety may enter in or upon, for inspection purposes, any motor
vehicle of any motor carrier.

In
order to inspect motor vehicles owned or operated by a motor carrier
engaged in the transportation of persons, authorized employees of the
motor carrier enforcement unit, division of state highway patrol, of
the department of public safety may enter in or upon any property of
any motor carrier engaged in the intrastate transportation of
persons.

Sec.
4905.301.
(A)
As used in this section:

(1)
"Governmental entity" has the same meaning as in section
9.23 of the Revised Code, except that "governmental entity"
excludes a municipal corporation.

(2)
"Right of way" means the surface of, and the space within,
through, on, across, above, or below any land designated for public
use that is owned or controlled by a governmental entity, except that
"right of way" includes a public way as defined in section
4939.01 of the Revised Code, and is not a private easement.

(B)
A public utility subject to the rate-making jurisdiction of the
public utilities commission may file an application with the
commission for the accounting authority to classify a cost that meets
the requirements of division (C) of this section as a regulatory
asset for the purpose of recovering the cost. The commission, by
order, shall authorize such accounting authority as may be reasonably
necessary to classify the cost as a regulatory asset.

(C)
A cost is eligible for recovery as a regulatory asset under this
section if the cost is directly incurred by the public utility on or
after
the
effective date of this section
April
3, 2025,
as
a result of a governmental entity's regulation of the public
utility's occupancy or use of a right of way.

(D)
If the commission determines, upon an application under division (B)
of this section or its own initiative, that classification of a cost
described in division (C) of this section as a regulatory asset is
not practical or that deferred recovery of that cost would impose a
hardship on the public utility or its customers, the commission shall
establish a charge and collection mechanism to permit the public
utility full recovery of that cost.

(E)
Cost recovery authorized as a regulatory asset under this section is
not subject to any other provision of law or any agreement
establishing price caps, rate freezes, or rate increase moratoria.

(F)
The commission shall process applications submitted under this
section in the same manner as set forth in divisions (E) and (F) of
section 4939.07 of the Revised Code

and according to rules adopted under division (G) of that section
.

Sec.
4905.72.
(A)
As used in this section:

(1)
"Natural gas service" means the sale of natural gas,
exclusive of any distribution or ancillary service.

(2)
"Public telecommunications service" means the transmission
by a telephone company, by electromagnetic or other means, of signs,
signals, writings, images, sounds, messages, or data originating in
this state regardless of actual call routing, but does not include a
system, including its construction, maintenance, or operation, for
the provision of telecommunications service, or any portion of such
service, by any entity for the sole and exclusive use of that entity,
its parent, a subsidiary, or an affiliated entity, and not for
resale, directly or indirectly; the provision of terminal equipment
used to originate telecommunications service; broadcast transmission
by radio, television, or satellite broadcast stations regulated by
the federal government; or cable television service.

(B)(1)
No public utility shall request or submit, or cause to be requested
or submitted, a change in the provider of natural gas service or
public telecommunications service to a consumer in this state,
without first obtaining, or causing to be obtained, the verified
consent of the consumer in accordance with rules adopted by the
public utilities commission pursuant to division (D) of this section.

(2)
No public utility shall violate or fail to comply with any provision
of a rule adopted by the commission pursuant to division (D) of this
section or any provision of an order issued by the commission
pursuant to division (B) or (C) of section 4905.73 of the Revised
Code.

(C)(1)
Division (B) of this section does not apply to the transfer of a
customer's natural gas service or public telecommunications service
that occurs solely due to the operation of default provisions in the
schedule of a public utility filed under section 4905.30 of the
Revised Code.

(2)
Consistent with the exclusion, under 47 C.F.R. 64.1100 (a)(3), of
commercial mobile radio service providers from the verification
requirements adopted in 47 C.F.R. 64.1100, 64.1150, 64.1160, 64.1170,
64.1180, and 64.1190 by the federal communications commission,
division (B) of this section does not apply to a provider of
commercial mobile radio service insofar as such provider is engaged
in the provision of commercial mobile radio service. However, when
that exclusion no longer is in effect, division (B) of this section
shall apply to such a provider, and the commission shall adopt rules
applicable to such a provider in accordance with division (D) of this
section.

(D)
The commission shall adopt competitively neutral rules prescribing
procedures necessary for verifying the consent of a consumer for
purposes of division (B)(1) of this section and any procedures
necessary for the filing of a security under division (C)(5) of
section 4905.73 of the Revised Code
,
and may adopt such other competitively neutral rules as the
commission considers necessary to carry out this section and section
4905.73 of the Revised Code
.
With respect to public telecommunications service only, the rules
prescribing procedures necessary for verifying consumer consent shall
be consistent with the rules of the federal communications commission
in 47 C.F.R. 64.1100 and 64.1150.

Sec.
4905.79.
Any
telephone company, as defined in section 5727.01 of the Revised Code,
or, as authorized by the public utilities commission, any affiliate
of such a company, that provides any telephone service program
implemented after March 27, 1991, to aid persons with communicative
impairments in accessing the telephone network shall be allowed a tax
credit for the costs of any such program under section 5733.56 of the
Revised Code. Relative to any such program, the commission, in
accordance with its rules, shall allow interested parties to
intervene and participate in any proceeding or part of a proceeding
brought before the commission pursuant to this section.
The
commission shall adopt rules it considers necessary to carry out this
section.

Sec.
4905.81.
The
public utilities commission shall:

(A)
Supervise and regulate each motor carrier;

(B)
Regulate the safety of operation of each motor carrier, and of each
intermodal equipment provider as defined in section 4923.041 of the
Revised Code;

(C)
Adopt reasonable safety rules applicable to the highway
transportation of persons or property in interstate and intrastate
commerce by motor carriers;

(D)
Adopt safety rules applicable to the transportation and offering for
transportation of hazardous materials in interstate and intrastate
commerce by motor carriers. The rules shall not be incompatible with
the requirements of the United States department of transportation.

(E)
Require the filing of reports and other data by motor carriers;

(F)

Adopt
reasonable rules for the administration and enforcement of this
chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of
the Revised Code applying to each motor carrier in this state;

(G)

Supervise
and regulate motor carriers in all other matters affecting the
relationship between those carriers and the public to the exclusion
of all local authorities, except as provided in this section. The
commission, in the exercise of the jurisdiction conferred upon it by
this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and
4923. of the Revised Code, may adopt rules affecting motor carriers,
notwithstanding the provisions of any ordinance, resolution, license,
or permit enacted, adopted, or granted by any township, municipal
corporation, municipal corporation and county, or county. In case of
conflict between any such ordinance, resolution, license, or permit,
the order or rule of the commission shall prevail. Local subdivisions
may adopt reasonable local police rules within their respective
boundaries not inconsistent with those chapters and rules adopted
under them.

The
commission has jurisdiction to receive, hear, and determine as a
question of fact, upon complaint of any party or upon its own motion,
and upon not less than fifteen days' notice of the time and place of
the hearing and the matter to be heard, whether any corporation,
company, association, joint-stock association, person, firm, or
copartnership, or their lessees, legal or personal representatives,
trustees, or receivers or trustees appointed by any court, is engaged
as a motor carrier. The finding of the commission on such a question
is a final order that may be reviewed as provided in section 4923.15
of the Revised Code.

Sec.
4905.84.
(A)
As used in this section:

(1)
"Telecommunications relay service" means intrastate
transmission services that provide the ability for an individual who
has a hearing or speech impairment to engage in a communication by
wire or radio with a hearing individual in a manner that is
functionally equivalent to the ability of an individual who does not
have a hearing or speech impairment to communicate using voice
communication services by wire or radio. "Telecommunications
relay service" includes services that enable two-way
communication between an individual who uses a telecommunications
device for the deaf or other nonvoice terminal device and an
individual who does not use such a device.

(2)
"TRS provider" means an entity selected by the public
utilities commission as the provider of telecommunications relay
service for this state as part of the commission's intrastate
telecommunications relay service program certified pursuant to
federal law.

(B)
For the sole purpose of funding telecommunications relay service, the
commission shall, not earlier than January 1, 2009, impose on and
collect from each service provider that is required under federal law
to provide its customers access to telecommunications relay service
an annual assessment to pay for costs incurred by the TRS provider
for providing such service in Ohio. The commission shall determine
the appropriate service providers to be assessed the
telecommunications relay service costs, including telephone companies
as defined in division (A) of section 4905.03 of the Revised Code,
commercial mobile radio service providers, and providers of advanced
services or internet protocol-enabled services that are competitive
with or functionally equivalent to basic local exchange service as
defined in section 4927.01 of the Revised Code.

(C)
The assessment shall be allocated proportionately among the
appropriate service providers using a competitively neutral formula
established by the commission based on the number of retail
intrastate customer access lines or their equivalent. The commission
shall annually reconcile the funds collected with the actual costs of
providing telecommunications relay service when it issues the
assessment and shall either proportionately charge the service
providers for any amounts not sufficient to cover the actual costs or
proportionately credit amounts collected in excess of the actual
costs. The total amount assessed from all service providers shall not
exceed the total telecommunications relay service costs.

Each
service provider that pays the assessment shall be permitted to
recover the cost of the assessment. The method of recovery may
include, but is not limited to, a customer billing surcharge.

The
commission shall deposit the money collected in the
telecommunications relay service fund, which is hereby created in the
state treasury, and shall use the money in that fund solely to
compensate the TRS provider.

(D)
The commission shall take such measures as it considers necessary to
protect the confidentiality of information provided to the commission
pursuant to this section by service providers required to pay the
assessment.

(E)
The commission may assess a forfeiture of not more than one thousand
dollars on any service provider failing to comply with this section.
Each day's continuance of such failure is a separate offense. The
forfeiture shall be recovered in accordance with sections 4905.55 to
4905.60 of the Revised Code.

(F)
The jurisdiction and authority granted to the commission by this
section is limited to the administration and enforcement of this
section.
The
commission may adopt such rules as it finds necessary to carry out
this section.
The
commission shall adopt rules under section 111.15 of the Revised Code
to establish the assessment amounts and procedures.

Sec.
4906.03.
The
power siting board shall:

(A)
Require such information from persons subject to its jurisdiction as
it considers necessary to assist in the conduct of hearings and any
investigations or studies it may undertake;

(B)
Conduct any studies or investigations that it considers necessary or
appropriate to carry out its responsibilities under this chapter;

(C)
Adopt rules establishing criteria for evaluating the effects on
environmental values of proposed and alternative sites, and projected
needs for electric power, and
such
other rules as are necessary and convenient to implement this
chapter, including
rules
governing application fees, supplemental application fees, and other
reasonable fees to be paid by persons subject to the board's
jurisdiction. The board shall make an annual accounting of its
collection and use of these fees and shall issue an annual report of
its accounting, in the form and manner prescribed by its rules, not
later than the last day of June of the year following the calendar
year to which the report applies.

(D)
Approve, disapprove, or modify and approve applications for
certificates;

(E)
Notwithstanding sections 4906.06 to 4906.14 of the Revised Code, the
board may adopt rules to provide for an accelerated review of an
application for a construction certificate for construction of a
major utility facility related to a coal research and development
project as defined in section 1555.01 of the Revised Code, or to a
coal development project as defined in section 1551.30 of the Revised
Code, submitted to the Ohio coal development office for review under
division (B)(7) of section 1551.33 of the Revised Code. Applications
for construction certificates for construction of major utility
facilities for Ohio coal research and development shall be filed with
the board on the same day as the proposed facility or project is
submitted to the Ohio coal development office for review.

The
board shall render a decision on an application for a construction
certificate within ninety days after receipt of the application and
all of the data and information it may require from the applicant. In
rendering a decision on an application for a construction
certificate, the board shall only consider the criteria and make the
findings and determinations set forth in divisions (A)(2), (3), (5),
and (7) and division (B) of section 4906.10 of the Revised Code.

(F)
Notwithstanding sections 4906.06 to 4906.14 of the Revised Code, the
board shall adopt rules to provide for an accelerated review of an
application for a construction certificate for any of the following:

(1)
An electric transmission line that is:

(a)
Not more than two miles in length;

(b)
Primarily needed to attract or meet the requirements of a specific
customer or specific customers;

(c)
Necessary to maintain reliable electric service as a result of the
retirement or shutdown of an electric generating facility located
within the state; or

(d)
A rebuilding of an existing transmission line.

(2)
An electric generating facility that uses waste heat or natural gas
and is primarily within the current boundary of an existing
industrial or electric generating facility;

(3)
A gas pipeline that is not more than five miles in length or is
primarily needed to meet the requirements of a specific customer or
specific customers.

The
board shall adopt rules that provide for the automatic certification
to any entity described in this division when an application by any
such entity is not suspended by the board, an administrative law
judge, or the chairperson or executive director of the board for good
cause shown, within ninety days of submission of the application. If
an application is suspended, the board shall approve, disapprove, or
modify and approve the application not later than ninety days after
the date of the suspension.

(G)
Notwithstanding sections 4906.06 to 4906.14 of the Revised Code, the
board shall adopt rules to provide for the accelerated review of an
application for a construction certificate for any of the following
that are located in a priority investment area designated and
approved under section 122.161 of the Revised Code:

(1)
An electric generating plant and associated facilities;

(2)
An electric transmission line and associated facilities;

(3)
Gas pipeline infrastructure.

The
chairperson of the board, not later than forty-five days after
receipt of an application submitted under division (G) of this
section, shall determine if it complies with all application
requirements set by the public utilities commission by rule. If the
chairperson does not issue a determination within the time period
required by this division, the application shall be deemed in
compliance by operation of law.

The
board shall render a decision on an application submitted under this
division not later than forty-five days after the application is
determined in compliance with all requirements set by the commission.
If the board does not render a decision within forty-five days, the
application shall be considered approved by operation of law, and the
board shall issue a certificate to the applicant.

The
board shall adopt rules to implement this division, including rules
that prioritize applications for construction on areas negatively
impacted by the decline of the coal industry.

(H)
Notwithstanding sections 4906.06 to 4906.14 of the Revised Code, the
board shall adopt rules to provide for the accelerated review of an
application for a construction certificate for a major utility
facility if at the time the application is filed the construction
will be located on the following:

(1)
In whole, on property owned by, or under a lease with a term of
twenty-five years or more with, the applicant;

(2)
In whole or in part, on an easement or right-of-way;

(3)
On any combination of such property, easement, or right-of-way
described in divisions (H)(1) and (2) of this section.

No
accelerated application shall be granted under the rules adopted
under division (H) of this section for construction of a major
utility facility, in whole or in part, on property under a lease or
an easement or right-of-way, if additional consent for construction
on the property, easement, or right-of-way is required by any person
or entity other than the power siting board.

The
board shall render a decision on an application submitted under this
division not later than sixty days after receipt of the application.
If the board does not render a decision within sixty days, the
application shall be considered approved by operation of law, and the
board shall issue a certificate to the applicant.

Sec.
4909.172.
(A)
A waterworks company, or a sewage disposal system company, that is a
public utility may file an application with the public utilities
commission for approval to collect an infrastructure improvement
surcharge, determined in accordance with this section, from customers
located in the company's affected service areas and subject to
affected schedules filed by the company under section 4905.32 of the
Revised Code. The application shall be in such form and contain such
information as the commission prescribes. At the time of filing, the
company shall serve a copy of the application upon the chief
executive of each municipal corporation, the board of township
trustees of each township, and the board of county commissioners of
each county in which affected customers are located. A company for
which an infrastructure improvement surcharge is authorized under
this section may file an application for another such surcharge not
sooner than twelve months after the filing date of its most recent
infrastructure improvement surcharge application.

(B)
The commission shall provide an opportunity for the filing of
comments on an application filed under division (A) of this section.
After considering those comments, the commission may authorize an
infrastructure improvement surcharge for the company that is just and
reasonable and is sufficient, but does not exceed, the revenue
requirement necessary to do both of the following:

(1)
Cover such infrastructure plant costs of the company as are described
in division (C) of this section, incurred after March 1, 2003, and
before the date of filing, and not already reflected in the affected
schedules filed by the company under section 4905.32 of the Revised
Code;

(2)
Provide a fair and reasonable rate of return on the filing date
valuation of that particular infrastructure plant.

Each
infrastructure improvement surcharge chargeable to each affected
customer class within any single tariff of the company shall not
exceed three per cent, for a sewage disposal system company, and four
and one-quarter per cent, for a waterworks company, of the rates and
charges applicable to the class and for the tariff in effect on the
date the application was filed and, as to the allowed percentage
increase, shall be uniform for each such class. The commission shall
not authorize a company to have more than three infrastructure
improvement surcharges for any single company tariff in effect at any
time.

Additionally,
the commission shall not authorize an infrastructure improvement
surcharge under this section if it determines that the surcharge
causes the company to earn an excessive rate of return on its
valuation under section 4909.15 of the Revised Code.

(C)
For purposes of this section, a company's costs of infrastructure
plant may include depreciation expenses. Such infrastructure plant
may consist of the following capital improvements that the commission
determines are prudent and used and useful in rendering public
utility service and that are properly classified in the uniform
system of accounts adopted by the National Association of Regulatory
Utility Commissioners as identified in rule 4901:1-15-32 of the
Administrative Code:

(1)
In the case of a waterworks company, replacement of an existing plant
included in accounts 323, 324, 325, 326, 327, 328, 332, 342, 343,
345, 346, 347, and 348, as well as main extensions that eliminate
dead ends to resolve documented water supply problems presenting
significant health or safety issues to then existing customers, and
main cleaning or relining;

(2)
In the case of a sewage disposal system company, replacement of an
existing plant included in accounts 352, 352.1, 352.2, 353, 354, 355,
356, 362, 363, 364, 365, 372, 373, 374, and 375, as well as main
extensions that resolve documented sewage disposal problems
presenting significant health or safety issues to then existing
customers, and main cleaning, inflow and infiltration elimination, or
relining;

(3)
Unreimbursed capital expenditures made by the waterworks company, or
the sewage disposal system company, for waterworks, or sewage
disposal, facility relocation required by a governmental entity due
to a street or highway project;

(4)
Capital expenditures made by the waterworks company or sewage
disposal system company to comply with any consent decree, final
order, or final rule of the United States environmental protection
agency or the Ohio environmental protection agency
.
;

(5)
Minimum land or land rights acquired by the company as necessary for
any service line, equipment, or facility described in divisions
(C)(1) to (4) of this section.

As
used in divisions (C)(1) and (2) of this section, "replacement
of an existing plant" includes replacements that result in an
upgrade or improvement of the previously existing plant, provided
that the replacement plant is prudent, qualifies for recovery under
this section, and performs the same or similar function or purpose as
it did prior to the replacement.

(D)(1)
If the commission fails to issue a final order within one hundred
eighty days after the date the application is filed under this
section, and at the waterworks or sewage disposal company's
discretion, a surcharge not to exceed the proposed surcharge shall go
into effect upon the filing of the revised affected rate schedules by
the company, subject to refund of amounts collected that exceed those
authorized by the final order of the commission.

(2)
All refunds shall include interest at the rate stated in section
1343.03 of the Revised Code and shall be accomplished in a manner as
prescribed by the commission in its final order. The commission may
require an undertaking to secure the refund under this division if it
finds it is warranted by the financial condition of the waterworks or
sewage disposal system company.

(3)
This division shall only apply to applications filed by a waterworks
or sewage disposal system company that has annual operating revenues
of two hundred fifty thousand dollars or more.

(E)
During the period that an authorized infrastructure improvement
surcharge is in effect, the commission, by order and on its own
motion or upon good cause shown, may reduce the amount of or
terminate an infrastructure improvement surcharge if it determines
that the surcharge causes the company to earn an excessive rate of
return on its valuation under section 4909.15 of the Revised Code.

(F)
An order issued by the commission deciding an application by a
waterworks company or a sewage disposal system company for an
increase in rates and charges pursuant to an application filed by the
company under section 4909.18 of the Revised Code shall provide for
the termination, as of the earlier of the effective date of the
increase or the date specified in division (F) of this section, of
any infrastructure improvement surcharges of the company authorized
under this section.

(G)
All surcharges authorized under this section shall terminate by
operation of law not later than December 31, 2036.

(H)
The company shall provide notice of any infrastructure improvement
surcharge authorized under this section to each affected customer
with or on the customer's first bill containing the surcharge.

(I)
The commission may adopt such rules as it considers necessary to
carry out this section.

Sec.
4921.25.
(A)
Any person, firm, copartnership, voluntary association, joint-stock
association, company, or corporation, wherever organized or
incorporated, that is engaged in the towing of motor vehicles is
subject to regulation by the public utilities commission as a
for-hire motor carrier under this chapter.

(B)
The commission shall adopt rules under Chapter 119. of the Revised
Code that do all of the following:

(1)
Establish the acceptable scope of public safety regulations
applicable to a for-hire motor carrier engaged in the towing of motor
vehicles under section 4513.60, 4513.601, or 4513.61 of the Revised
Code that a county or township may adopt pursuant to a resolution;

(2)
Establish safety standards for the type of equipment necessary to
safely remove and tow vehicles based on the type of vehicle being
removed or towed;

(3)
Establish standards for the removal of a vehicle from a private
tow-away zone by a for-hire motor carrier engaged in the towing of
motor vehicles in addition to standards and requirements established
under section 4513.601 of the Revised Code. The standards may vary
based on whether the private tow-away zone is located on residential,
retail, or other commercial property.

(4)
Within one year of
the
effective date of this amendment
April
6, 2017
,
establish maximum fees that may be charged by a for-hire motor
carrier engaged in the towing of motor vehicles or a storage facility
that accepts such vehicles under sections 4513.60 and 4513.601 of the
Revised Code.

With
respect to vehicles removed under section 4513.60 of the Revised
Code, the fees established under division (B)(4) of this section do
not apply to a vehicle that is removed or stored within a municipal
corporation that has established fees for vehicle removal and
storage.

(5)
Establish a process for reviewing the fees established under division
(B)(4) of this section every five years, beginning on the five-year
anniversary of the date the initial rules are adopted, to determine
whether the fees are just, reasonable, and compensatory. If the
commission determines that any existing fee is not just, reasonable,
or compensatory, the commission shall, by rule, adjust the fee so
that it is equal to an amount that the commission determines to be
appropriate.

(6)
Establish an after-hours retrieval fee that may be charged for
purposes of retrieving a vehicle under section 4513.69 of the Revised
Code or retrieving personal items under section 4513.60 or 4513.61 of
the Revised Code. The rules shall permit an after-hours retrieval fee
to be charged only if the entity in possession of a vehicle is not
open to the public and is not required to be open under division (A)
of section 4513.69 of the Revised Code.

(7)
Adopt any other rules necessary to carry out the purposes of this
section.

Sec.
4921.30.
Except
as otherwise provided in sections 4921.32 to 4921.38 of the Revised
Code, a for-hire motor carrier engaged in the transportation of
household goods in intrastate commerce:

(A)
Is subject to Chapter 4921. of the Revised Code and to all other
provisions of the Revised Code applicable to a for-hire motor
carrier, including sections
4506.22,

4511.78,
5502.01, 5503.02, and 5503.34 of the Revised Code;

(B)
Is not a public utility as defined in section 4911.01 of the Revised
Code.

Sec.
4927.03.
(A)
Except as provided in divisions (A) and (B) of section 4927.04 of the
Revised Code and except to the extent required to exercise authority
under federal law, the public utilities commission has no authority
over any interconnected voice over internet protocol-enabled service
or any telecommunications service that is not commercially available
on September 13, 2010, and that employs technology that became
available for commercial use only after September 13, 2010, unless
the commission, upon a finding that the exercise of the commission's
authority is necessary for the protection, welfare, and safety of the
public, adopts rules specifying the necessary regulation. A consumer
purchase of a service that is not commercially available on September
13, 2010, and that employs technology that became available for
commercial use only after September 13, 2010, shall constitute a
consumer transaction for purposes of sections 1345.01 to 1345.13 of
the Revised Code, notwithstanding any provision of those sections to
the contrary, unless the commission exercises jurisdiction over the
service in accordance with this division. Notwithstanding any
contrary provision of Chapter 4911. of the Revised Code, to the
extent that the commission adopts rules under division (A) of this
section regarding any interconnected voice over internet protocol
enabled service provided to residential customers or regarding any
telecommunications service that is provided to residential customers,
that is not commercially available on September 13, 2010, and that
employs technology that became available for commercial use only
after September 13, 2010, the office of the consumers' counsel shall
have authority to assist and represent residential customers in the
implementation and enforcement of those rules.

(B)(1)
The commission has no authority over wireless service, resellers of
wireless service, or wireless service providers, except as follows:

(a)
As provided under section 4905.84 of the Revised Code;

(b)
With respect to division (C) of section 4927.15 of the Revised Code;

(c)
As provided in divisions (B)(2), (3), and (4) of this section.

(2)
The commission has authority over wireless service and wireless
service providers as follows, but only to the extent authorized by
federal law, including federal regulations:

(a)
To the extent that the commission carries out the acts described in
divisions (A), (B), (C), (D), and (F) of section 4927.04 of the
Revised Code;

(b)
As provided in sections 4927.05, 4927.20, and 4927.21 of the Revised
Code.

(3)
The requirements of sections 4905.10, 4905.14, and 4911.18 of the
Revised Code shall apply to a wireless service provider.

(4)
The commission has such authority as is necessary to enforce division
(B) of this section.

(C)
For purposes of sections 4927.01 to 4927.21 of the Revised Code,
sections 4903.02, 4903.03, 4903.24, 4903.25, 4905.04, 4905.05,
4905.06, 4905.13, 4905.15, 4905.16, 4905.17, 4905.22, 4905.26,
4905.27, 4905.28, 4905.29, 4905.31, 4905.32, 4905.33, 4905.35,
4905.37, 4905.38, 4905.39, 4905.48, 4905.54, 4905.55, 4905.56, and
4905.60 of the Revised Code do not apply to a telephone company or,
as applicable, to an officer, employee, or agent of such company or
provider, except to the extent necessary for the commission to carry
out sections 4927.01 to 4927.21 of the Revised Code.

(D)
Except as specifically authorized in sections 4927.01 to 4927.21 of
the Revised Code, the commission has no authority over the quality of
service and the service rates, terms, and conditions of
telecommunications service provided to end users by a telephone
company.

(E)
The commission shall initially adopt the rules required by this
chapter not later than one hundred twenty days after September 13,
2010. Subject to the authority granted to the commission under this
chapter, the commission may adopt
other
rules, including
rules
regarding the removal from tariffs of services that were required to
be filed in tariffs prior to September 13, 2010
,
as it finds necessary to carry out this chapter
.

Sec.
4927.06.
(A)
No telephone company shall commit any unfair or deceptive act or
practice in connection with the offering or provision of any
telecommunications service in this state. A failure to comply with
any of the following requirements shall constitute an unfair or
deceptive act or practice by a telephone company:

(1)
Any communication by the company, including, but not limited to, a
solicitation, offer, or contract term or condition, shall be
truthful, clear, conspicuous, and accurate in disclosing any material
terms and conditions of service and any material exclusions or
limitations. The public utilities commission may prescribe, by rule,
a commission review process to determine when disclosing such
information is not practicable, and therefore nondisclosure does not
result in an unfair or deceptive act or practice.

(2)
Any written service solicitation, marketing material, offer,
contract, or agreement, as well as any written response from the
company to a service-related inquiry or complaint that the company
receives from a customer or others, shall disclose the company's name
and contact information. The commission may prescribe, by rule, a
commission review process to determine when disclosing such
information is not practicable, and therefore nondisclosure does not
result in an unfair or deceptive act or practice.

(3)
The company shall inform its customers, as applicable and in any
reasonable manner, of their rights and responsibilities concerning
inside wire, the repair and maintenance of customer-owned equipment,
and the use of a network interface device, and of any charges that
the company imposes for a diagnostic visit, consistent with rules
adopted by the public utilities commission.

(4)
The company shall not commit any act, practice, or omission that the
commission determines, by rulemaking
under
section 4927.03 of the Revised Code
or
adjudication under section 4927.21 of the Revised Code, constitutes
an unfair or deceptive act or practice in connection with the
offering or provision of telecommunications service in this state.

(B)
The commission shall provide notice to all telephone companies
specifying any act, practice, or omission that it prescribes pursuant
to division (A)(4) of this section. No telephone company is liable
for any act, practice, or omission absent that notice and adequate
time for implementation.

(C)
This section does not apply to wireless service. A consumer purchase
of wireless service or a related product shall constitute a consumer
transaction for purposes of sections 1345.01 to 1345.13 of the
Revised Code, notwithstanding any provision of those sections to the
contrary.

Sec.
4928.06.
(A)
Beginning on the starting date of competitive retail electric
service, the public utilities commission shall ensure that the policy
specified in section 4928.02 of the Revised Code is effectuated.
To
the extent necessary, the commission shall adopt rules to carry out
this chapter.
Initial
rules necessary for the commencement of the competitive retail
electric service under this chapter shall be adopted within one
hundred eighty days after the effective date of this section. Except
as otherwise provided in this chapter, the proceedings and orders of
the commission under the chapter shall be subject to and governed by
Chapter 4903. of the Revised Code.

(B)
If the commission determines, on or after the starting date of
competitive retail electric service, that there is a decline or loss
of effective competition with respect to a competitive retail
electric service of an electric utility, which service was declared
competitive by commission order issued pursuant to division (A) of
section 4928.04 of the Revised Code, the commission shall ensure that
that service is provided at compensatory, fair, and nondiscriminatory
prices and terms and conditions.

(C)
In addition to its authority under section 4928.04 of the Revised
Code and divisions (A) and (B) of this section, the commission, on an
ongoing basis, shall monitor and evaluate the provision of retail
electric service in this state for the purpose of discerning any
noncompetitive retail electric service that should be available on a
competitive basis on or after the starting date of competitive retail
electric service pursuant to a declaration in the Revised Code, and
for the purpose of discerning any competitive retail electric service
that is no longer subject to effective competition on or after that
date. Upon such evaluation, the commission periodically shall report
its findings and any recommendations for legislation to the standing
committees of both houses of the general assembly that have primary
jurisdiction regarding public utility legislation.

(D)
In determining, for purposes of division (B) or (C) of this section,
whether there is effective competition in the provision of a retail
electric service or reasonably available alternatives for that
service, the commission shall consider factors including, but not
limited to, all of the following:

(1)
The number and size of alternative providers of that service;

(2)
The extent to which the service is available from alternative
suppliers in the relevant market;

(3)
The ability of alternative suppliers to make functionally equivalent
or substitute services readily available at competitive prices,
terms, and conditions;

(4)
Other indicators of market power, which may include market share,
growth in market share, ease of entry, and the affiliation of
suppliers of services.

The
burden of proof shall be on any entity requesting, under division (B)
or (C) of this section, a determination by the commission of the
existence of or a lack of effective competition or reasonably
available alternatives.

(E)(1)
Beginning on the starting date of competitive retail electric
service, the commission has authority under Chapters 4901. to 4909.
of the Revised Code, and shall exercise that authority, to resolve
abuses of market power by any electric utility that interfere with
effective competition in the provision of retail electric service.

(2)
In addition to the commission's authority under division (E)(1) of
this section, the commission, beginning the first year after the
market development period of a particular electric utility and after
reasonable notice and opportunity for hearing, may take such measures
within a transmission constrained area in the utility's certified
territory as are necessary to ensure that retail electric generation
service is provided at reasonable rates within that area. The
commission may exercise this authority only upon findings that an
electric utility is or has engaged in the abuse of market power and
that that abuse is not adequately mitigated by rules and practices of
any independent transmission entity controlling the transmission
facilities. Any such measure shall be taken only to the extent
necessary to protect customers in the area from the particular abuse
of market power and to the extent the commission's authority is not
preempted by federal law. The measure shall remain in effect until
the commission, after reasonable notice and opportunity for hearing,
determines that the particular abuse of market power has been
mitigated.

(F)
An electric utility, electric services company, electric cooperative,
or governmental aggregator subject to certification under section
4928.08 of the Revised Code shall provide the commission with such
information, regarding a competitive retail electric service for
which it is subject to certification, as the commission considers
necessary to carry out this chapter. An electric utility shall
provide the commission with such information as the commission
considers necessary to carry out divisions (B) to (E) of this
section. The commission shall take such measures as it considers
necessary to protect the confidentiality of any such information.

The
commission shall require each electric utility to file with the
commission on and after the starting date of competitive retail
electric service an annual report of its intrastate gross receipts
and sales of kilowatt hours of electricity, and shall require each
electric services company, electric cooperative, and governmental
aggregator subject to certification to file an annual report on and
after that starting date of such receipts and sales from the
provision of those retail electric services for which it is subject
to certification. For the purpose of the reports, sales of kilowatt
hours of electricity are deemed to occur at the meter of the retail
customer.

Sec.
4928.10.
For
the protection of consumers in this state, the public utilities
commission shall adopt rules

under division (A) of section 4928.06 of the Revised Code

specifying the necessary minimum service requirements, on or after
the starting date of competitive retail electric service, of an
electric utility, electric services company, electric cooperative, or
governmental aggregator subject to certification under section
4928.08 of the Revised Code regarding the provision directly or
through its billing and collection agent of competitive retail
electric services for which it is subject to certification. Rules
adopted under this section shall include a prohibition against
unfair, deceptive, and unconscionable acts and practices in the
marketing, solicitation, and sale of such a competitive retail
electric service and in the administration of any contract for
service, and also shall include additional consumer protections
concerning all of the following:

(A)
Contract disclosure. The rules shall include requirements that an
electric utility, electric services company, electric cooperative, or
governmental aggregator subject to certification under section
4928.08 of the Revised Code do both of the following:

(1)
Provide consumers with adequate, accurate, and understandable pricing
and terms and conditions of service, including any switching fees,
and with a document containing the terms and conditions of pricing
and service before the consumer enters into the contract for service;

(2)
Disclose the conditions under which a customer may rescind a contract
without penalty.

(B)
Service termination. The rules shall include disclosure of the terms
identifying how customers may switch or terminate service, including
any required notice and any penalties.

(C)
Minimum content of customer bills. The rules shall include all of the
following requirements, which shall be standardized:

(1)
Price disclosure and disclosures of total billing units for the
billing period and historical annual usage;

(2)
To the maximum extent practicable, separate listing of each service
component to enable a customer to recalculate its bill for accuracy;

(3)
Identification of the supplier of each service;

(4)
Statement of where and how payment may be made and provision of a
toll-free or local customer assistance and complaint number for the
electric utility, electric services company, electric cooperative, or
governmental aggregator, as well as a consumer assistance telephone
number or numbers for state agencies, such as the commission, the
office of the consumers' counsel, and the attorney general's office,
with the available hours noted;

(5)
Other than for the first billing after the starting date of
competitive retail electric service, highlighting and clear
explanation on each customer bill, for two consecutive billing
periods, of any changes in the rates, terms, and conditions of
service.

(D)
Disconnection and service termination, including requirements with
respect to master-metered buildings. The rules shall include policies
and procedures that are consistent with sections 4933.121 and
4933.122 of the Revised Code and the commission's rules adopted under
those sections, and that provide for all of the following:

(1)
Coordination between suppliers for the purpose of maintaining
service;

(2)
The allocation of partial payments between suppliers when service
components are jointly billed;

(3)
A prohibition against blocking, or authorizing the blocking of,
customer access to a noncompetitive retail electric service when a
customer is delinquent in payments to the electric utility or
electric services company for a competitive retail electric service;

(4)
A prohibition against switching, or authorizing the switching of, a
customer's supplier of competitive retail electric service without
the prior consent of the customer in accordance with appropriate
confirmation practices, which may include independent, third-party
verification procedures.

(5)
A requirement of disclosure of the conditions under which a customer
may rescind a decision to switch its supplier without penalty;

(6)
Specification of any required notice and any penalty for early
termination of contract.

(E)
Minimum service quality, safety, and reliability. However, service
quality, safety, and reliability requirements for electric generation
service shall be determined primarily through market expectations and
contractual relationships.

(F)
Generation resource mix and environmental characteristics of power
supplies. The rules shall include requirements for determination of
the approximate generation resource mix and environmental
characteristics of the power supplies and disclosure to the customer
prior to the customer entering into a contract to purchase and four
times per year under the contract. The rules also shall require that
the electric utility, electric services company, electric
cooperative, or governmental aggregator provide, or cause its billing
and collection agent to provide, a customer with standardized
information comparing the projected, with the actual and verifiable,
resource mix and environmental characteristics. This disclosure shall
occur not less than annually or not less than once during the
contract period if the contract period is less than one year, and
prior to any renewal of a contract.

(G)
Customer information. The rules shall include requirements that the
electric utility, electric services company, electric cooperative, or
governmental aggregator make generic customer load pattern
information available to other electric light companies on a
comparable and nondiscriminatory basis, and make customer-specific
information available to other electric light companies on a
comparable and nondiscriminatory basis unless, as to
customer-specific information, the customer objects. The rules shall
ensure that each such utility, company, cooperative, or aggregator
provide clear and frequent notice to its customers of the right to
object and of applicable procedures. The rules shall establish the
exact language that shall be used in all such notices.

Sec.
4928.11.
(A)
For the protection of consumers in this state, the public utilities
commission shall adopt rules
under
division (A) of section 4928.06 of the Revised Code
that
specify minimum service quality, safety, and reliability requirements
for noncompetitive retail electric services supplied by an electric
utility in this state, to the extent such authority is not preempted
by federal law. The rules shall include prescriptive standards for
inspection, maintenance, repair, and replacement of the transmission
and distribution systems of electric utilities; shall apply to each
substantial type of transmission or distribution equipment or
facility; shall establish uniform interconnection standards to ensure
transmission and distribution system safety and reliability and shall
otherwise provide for high quality, safe, and reliable electric
service; shall include standards for operation, reliability, and
safety during periods of emergency and disaster; and shall include
voltage standards for efficient operation of single-phase motors. The
rules regarding interconnection shall seek to prevent barriers to new
technology and shall not make compliance unduly burdensome or
expensive. When questions arise about specific equipment to meet
interconnection standards, the commission shall initiate proceedings
open to the public to solicit comments from all interested parties.
Additionally, rules under this division shall include
nondiscriminatory metering standards.

(B)
The commission shall require each electric utility to report annually
to the commission on and after the starting date of competitive
retail electric service, regarding its compliance with the rules
required under division (A) of this section. The commission shall
make the filed reports available to the public. Periodically as
determined by commission rule
under
division (A) of section 4928.06 of the Revised Code
and
in a proceeding initiated under division (B) of section 4928.16 of
the Revised Code, the commission shall review a utility's report to
determine the utility's compliance and may act pursuant to division
(B) of section 4928.16 of the Revised Code to enforce compliance.

Sec.
4928.12.
(A)
Except as otherwise provided in sections 4928.31 to 4928.40 of the
Revised Code, no entity shall own or control transmission facilities
as defined under federal law and located in this state on or after
the starting date of competitive retail electric service unless that
entity is a member of, and transfers control of those facilities to,
one or more qualifying transmission entities, as described in
division (B) of this section, that are operational.

(B)
An entity that owns or controls transmission facilities located in
this state complies with division (A) of this section if each
transmission entity of which it is a member meets all of the
following specifications:

(1)
The transmission entity is approved by the federal energy regulatory
commission.

(2)
The transmission entity effects separate control of transmission
facilities from control of generation facilities.

(3)
The transmission entity implements, to the extent reasonably
possible, policies and procedures designed to minimize pancaked
transmission rates within this state.

(4)
The transmission entity improves service reliability within this
state.

(5)
The transmission entity achieves the objectives of an open and
competitive electric generation marketplace, elimination of barriers
to market entry, and preclusion of control of bottleneck electric
transmission facilities in the provision of retail electric service.

(6)
The transmission entity is of sufficient scope or otherwise operates
to substantially increase economical supply options for consumers.

(7)
The governance structure or control of the transmission entity is
independent of the users of the transmission facilities, and no
member of its board of directors has an affiliation, with such a user
or with an affiliate of a user during the member's tenure on the
board, such as to unduly affect the transmission entity's
performance. For the purpose of division (B)(7) of this section, a
"user" is any entity or affiliate of that entity that buys
or sells electric energy in the transmission entity's region or in a
neighboring region.

(8)
The transmission entity operates under policies that promote positive
performance designed to satisfy the electricity requirements of
customers.

(9)
The transmission entity is capable of maintaining real-time
reliability of the electric transmission system, ensuring comparable
and nondiscriminatory transmission access and necessary services,
minimizing system congestion, and further addressing real or
potential transmission constraints.

(C)
To the extent that a transmission entity under division (A) of this
section is authorized to build transmission facilities, that
transmission entity has the powers provided in and is subject to
sections 1723.01 to 1723.08 of the Revised Code.

(D)
For the purpose of forming or participating in a regional regulatory
oversight body or mechanism developed for any transmission entity
under division (A) of this section that is of regional scope and
operates within this state:

(1)
The commission shall make joint investigations, hold joint hearings,
within or outside this state, and issue joint or concurrent orders in
conjunction or concurrence with any official or agency of any state
or of the United States, whether in the holding of those
investigations or hearings, or in the making of those orders, the
commission is functioning under agreements or compacts between
states, under the concurrent power of states to regulate interstate
commerce, as an agency of the United States, or otherwise.

(2)
The commission shall negotiate and enter into agreements or compacts
with agencies of other states for cooperative regulatory efforts and
for the enforcement of the respective state laws regarding the
transmission entity.

(E)
If a qualifying transmission entity is not operational as
contemplated in division (A) of this section, division
(A)(13)
(A)(12)

of section 4928.34 of the Revised Code, or division (G) of section
4928.35 of the Revised Code, the commission by rule or order shall
take such measures or impose such requirements on all for-profit
entities that own or control electric transmission facilities located
in this state as the commission determines necessary and proper to
achieve independent, nondiscriminatory operation of, and separate
ownership and control of, such electric transmission facilities on or
after the starting date of competitive retail electric service.

Sec.
4928.13.
Through
a periodic filing with the public utilities commission in such form
as the commission shall prescribe by rule

under division (A) of section 4928.06 of the Revised Code
,
each electric utility that owns nuclear generation facilities located
in this state shall demonstrate compliance with decommissioning
requirements of the nuclear regulatory commission and public
utilities commission and shall demonstrate adequate financing
mechanisms to fund facility decommissioning.

Sec.
4928.14.
(A)
Except as provided in division (C) of this section, the failure of a
supplier to provide retail electric generation service to customers
within the certified territory of an electric distribution utility
shall result in the supplier's customers, after reasonable notice,
defaulting to the utility's standard service offer under sections
4928.141 and 4928.142 of the Revised Code until the customer chooses
an alternative supplier.

(B)
A supplier is deemed under this section to have failed to provide
retail electric generation service if the commission finds, after
reasonable notice and opportunity for hearing, that any of the
following conditions are met:

(1)
The supplier has defaulted on its contracts with customers, is in
receivership, or has filed for bankruptcy.

(2)
The supplier is no longer capable of providing the service.

(3)
The supplier is unable to provide delivery to transmission or
distribution facilities for such period of time as may be reasonably
specified by commission rule

adopted under division (A) of section 4928.06 of the Revised Code
.

(4)
The supplier's certification has been suspended, conditionally
rescinded, or rescinded under division (D) of section 4928.08 of the
Revised Code.

(C)
If an electric distribution utility has an electric security plan
that was approved under section 4928.143 of the Revised Code as that
section existed prior to the amendments to this section by
this
act
H.B.
15 of the 136th general assembly
,
the failure of a supplier to provide retail electric generation
service to customers within the certified territory of that utility
shall result in the supplier's customers, after reasonable notice,
defaulting to the utility's standard service offer under that
electric security plan until the customer chooses an alternative
supplier or until the utility's standard service offer is authorized
under section 4928.142 of the Revised Code.

Sec.
4928.16.
(A)(1)
The public utilities commission has jurisdiction under section
4905.26 of the Revised Code, upon complaint of any person or upon
complaint or initiative of the commission on or after the starting
date of competitive retail electric service, regarding the provision
by an electric utility, electric services company, electric
cooperative, or governmental aggregator subject to certification
under section 4928.08 of the Revised Code of any service for which it
is subject to certification.

(2)
The commission also has jurisdiction under section 4905.26 of the
Revised Code, upon complaint of any person or upon complaint or
initiative of the commission on or after the starting date of
competitive retail electric service, to determine whether an electric
utility has violated or failed to comply with any provision of
sections 4928.01 to 4928.15, any provision of divisions (A) to (D) of
section 4928.35 of the Revised Code, or any rule or order adopted or
issued under those sections; or whether an electric services company,
electric cooperative, or governmental aggregator subject to
certification under section 4928.08 of the Revised Code has violated
or failed to comply with any provision of sections 4928.01 to 4928.10
of the Revised Code regarding a competitive retail electric service
for which it is subject to certification or any rule or order adopted
or issued under those sections.

(3)
If a contract between a mercantile commercial customer and an
electric services company states that the forum for a commercial
dispute involving that company is through a certified commercial
arbitration process, that process set forth in the contract and
agreed to by the signatories shall be the exclusive forum unless all
parties to the contract agree in writing to an amended process. The
company shall notify the commission for informational purposes of all
matters for which a contract remedy is invoked to resolve a dispute.

(4)
The commission, by rule

adopted pursuant to division (A) of section 4928.06 of the Revised
Code
,
shall adopt alternative dispute resolution procedures for complaints
by nonmercantile, nonresidential customers, including arbitration
through a certified commercial arbitration process and at the
commission. The commission also by such rule may adopt alternative
dispute resolution procedures for complaints by residential
customers.

(B)
In addition to its authority under division (C) of section 4928.08 of
the Revised Code and to any other remedies provided by law, the
commission, after reasonable notice and opportunity for hearing in
accordance with section 4905.26 of the Revised Code, may do any of
the following:

(1)
Order rescission of a contract, or restitution to customers including
damages due to electric power fluctuations, in any complaint brought
pursuant to division (A)(1) or (2) of this section;

(2)
Order any remedy or forfeiture provided under sections 4905.54 to
4905.60 and 4905.64 of the Revised Code upon a finding under division
(A)(2) of this section that the electric utility has violated or
failed to comply with any provision of sections 4928.01 to 4928.15,
any provision of divisions (A) to (D) of section 4928.35 of the
Revised Code, or any rule or order adopted or issued under those
sections. in addition, the commission may order any remedy provided
under section 4905.22, 4905.37, or 4905.38 of the Revised Code if the
violation or failure to comply by an electric utility related to the
provision of a noncompetitive retail electric service.

(3)
Order any remedy or forfeiture provided under sections 4905.54 to
4905.60 and 4905.64 of the Revised Code upon a finding under division
(A)(2) of this section that the electric services company, electric
cooperative, or governmental aggregator subject to certification
under section 4928.08 of the Revised Code has violated or failed to
comply, regarding a competitive retail electric service for which it
is subject to certification, with any provision of sections 4928.01
to 4928.10 of the Revised Code or any rule or order adopted or issued
under those sections.

(C)(1)
In addition to the authority conferred under section 4911.15 of the
Revised Code, the consumers' counsel may file a complaint under
division (A)(1) or (2) of this section on behalf of residential
consumers in this state or appear before the commission as a
representative of those consumers pursuant to any complaint filed
under division (A)(1) or (2) of this section.

(2)
In addition to the authority conferred under section 4911.19 of the
Revised Code, the consumers' counsel, upon reasonable grounds on and
after the starting date of competitive retail electric service, may
file with the commission under section 4905.26 of the Revised Code a
complaint for discovery if the recipient of an inquiry under section
4911.19 of the Revised Code fails to provide a response within the
time specified in that section.

(D)
Section 4905.61 of the Revised Code applies to a violation by an
electric utility of, or to a failure of an electric utility to comply
with, any provision of sections 4928.01 to 4928.15, any provision of
divisions (A) to (D) of section 4928.35 of the Revised Code, or any
rule or order adopted or issued under those sections.

Sec.
4928.17.
(A)
Except as otherwise provided in sections 4928.141 or 4928.142 or
4928.31 to 4928.40 of the Revised Code, no electric utility shall
engage in this state, either directly or through an affiliate, in the
businesses of supplying a noncompetitive retail electric service and
supplying a product or service other than retail electric service,
unless the utility implements and operates under a corporate
separation plan that is approved by the public utilities commission
under this section, is consistent with the policy specified in
section 4928.02 of the Revised Code, and achieves all of the
following:

(1)
The plan provides, at minimum, for the provision of the nonelectric
product or service through a fully separated affiliate of the
utility, and the plan includes separate accounting requirements, the
code of conduct as ordered by the commission pursuant to a rule it
shall adopt

under division (A) of section 4928.06 of the Revised Code
,
and such other measures as are necessary to effectuate the policy
specified in section 4928.02 of the Revised Code.

(2)
The plan satisfies the public interest in preventing the abuse of
market power.

(3)
The plan is sufficient to ensure that the utility will not extend any
undue preference or advantage to any affiliate, division, or part of
its own business engaged in the business of supplying the nonelectric
product or service, including, but not limited to, utility resources
such as trucks, tools, office equipment, office space, supplies,
customer and marketing information, advertising, billing and mailing
systems, personnel, and training, without compensation based upon
fully loaded embedded costs charged to the affiliate; and to ensure
that any such affiliate, division, or part will not receive undue
preference or advantage from any affiliate, division, or part of the
business engaged in business of supplying the noncompetitive retail
electric service. No such utility, affiliate, division, or part shall
extend such undue preference.

(B)
The commission may approve, modify and approve, or disapprove a
corporate separation plan filed with the commission under division
(A) of this section. As part of the code of conduct required under
division (A)(1) of this section, the commission shall adopt rules

pursuant
to division (A) of section 4928.06 of the Revised Code
regarding
corporate separation and procedures for plan filing and approval. The
rules shall include limitations on affiliate practices solely for the
purpose of maintaining a separation of the affiliate's business from
the business of the utility to prevent abuse of market power by
virtue of that relationship. The rules also shall include an
opportunity for any person having a real and substantial interest in
the corporate separation plan to file specific objections to the plan
and propose specific responses to issues raised in the objections,
which objections and responses the commission shall address in its
final order. Prior to commission approval of the plan, the commission
shall afford a hearing upon those aspects of the plan that the
commission determines reasonably require a hearing. The commission
may reject and require refiling of a substantially inadequate plan
under this section.

(C)
The commission shall issue an order approving or modifying and
approving a corporate separation plan under this section, to be
effective on the date specified in the order, only upon findings that
the plan reasonably complies with the requirements of division (A) of
this section and will provide for ongoing compliance with the policy
specified in section 4928.02 of the Revised Code. However, for good
cause shown, the commission may issue an order approving or modifying
and approving a corporate separation plan under this section that
does not comply with division (A)(1) of this section but complies
with such functional separation requirements as the commission
authorizes to apply for an interim period prescribed in the order,
upon a finding that such alternative plan will provide for ongoing
compliance with the policy specified in section 4928.02 of the
Revised Code.

(D)
Any party may seek an amendment to a corporate separation plan
approved under this section, and the commission, pursuant to a
request from any party or on its own initiative, may order as it
considers necessary the filing of an amended corporate separation
plan to reflect changed circumstances.

Sec.
4928.31.
(A)
Not later than ninety days after the effective date of this section,
an electric utility supplying retail electric service in this state
on that date shall file with the public utilities commission a plan
for the utility's provision of retail electric service in this state
during the market development period. This transition plan shall be
in such form as the commission shall prescribe by rule
adopted
under division (A) of section 4928.06 of the Revised Code
and
shall include all of the following:

(1)
A rate unbundling plan that specifies, consistent with divisions
(A)(1) to
(7)
(6)

of section 4928.34 of the Revised Code

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
,
the
unbundles

unbundled

components
for electric generation, transmission, and distribution service and
such other unbundled service components as the commission requires,
to be charged by the utility beginning on the starting date of
competitive retail electric service and that includes information the
commission requires to fix and determine those components;

(2)
A corporate separation plan consistent with section 4928.17 of the
Revised Code

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
;

(3)
Such plan or plans as the commission requires to address operational
support systems and any other technical implementation issues
pertaining to competitive retail electric service

consistent with any rules adopted by the commission under division
(A) of section 4928.06 of the Revised Code
;

(4)
An employee assistance plan for providing severance, retraining,
early retirement, retention, outplacement, and other assistance for
the utility's employees whose employment is affected by electric
industry restructuring under this chapter;

(5)
A consumer education plan consistent with former section 4928.42 of
the Revised Code

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
.

A
transition plan under this section may include tariff terms and
conditions to address reasonable requirements for changing suppliers,
length of commitment by a customer for service, and such other
matters as are necessary to accommodate electric restructuring.
Additionally, a transition plan under this section may include an
application for the opportunity to receive transition revenues as
authorized under sections 4928.31 to 4928.40 of the Revised Code,
which application shall be consistent with those sections

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
.
The transition plan also may include a plan for the independent
operation of the utility's transmission facilities consistent with
section 4928.12 of the Revised Code
,

and

division
(A)(13)
(A)(12)

of section 4928.34 of the Revised Code
,
and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
.

The
commission may reject and require refiling, in whole or in part, of
any substantially inadequate transition plan.

(B)
The electric utility shall provide public notice of its filing under
division (A) of this section, in a form and manner that the
commission shall prescribe by rule adopted under division (A) of
section 4928.06 of the Revised Code. However, the adoption of rules
regarding the public notice under this division, regarding the form
of the transition plan under division (A) of this section, and
regarding procedures for expedited discovery under division (A) of
section 4928.32 of the Revised Code are not subject to division (D)
of section 111.15 of the Revised Code.

Sec.
4928.34.
(A)
The public utilities commission shall not approve or prescribe a
transition plan under division (A) or (B) of section 4928.33 of the
Revised Code unless the commission first makes all of the following
determinations:

(1)
The unbundled components for the electric transmission component of
retail electric service, as specified in the utility's rate
unbundling plan required by division (A)(1) of section 4928.31 of the
Revised Code, equal the tariff rates determined by the federal energy
regulatory commission that are in effect on the date of the approval
of the transition plan under sections 4928.31 to 4928.40 of the
Revised Code, as each such rate is determined applicable to each
particular customer class and rate schedule by the commission. The
unbundled transmission component shall include a sliding scale of
charges under division (B) of section 4905.31 of the Revised Code to
ensure that refunds determined or approved by the federal energy
regulatory commission are flowed through to retail electric
customers.

(2)
The unbundled components for retail electric distribution service in
the rate unbundling plan equal the difference between the costs
attributable to the utility's transmission and distribution rates and
charges under its schedule of rates and charges in effect on the
effective date of this section, based upon the record in the most
recent rate proceeding of the utility for which the utility's
schedule was established, and the tariff rates for electric
transmission service determined by the federal energy regulatory
commission as described in division (A)(1) of this section.

(3)
All other unbundled components required by the commission in the rate
unbundling plan equal the costs attributable to the particular
service as reflected in the utility's schedule of rates and charges
in effect on the effective date of this section.

(4)
The unbundled components for retail electric generation service in
the rate unbundling plan equal the residual amount remaining after
the determination of the transmission, distribution, and other
unbundled components, and after any adjustments necessary to reflect
the effects of the amendment of section 5727.111 of the Revised Code
by Sub. S.B. No. 3 of the 123rd general assembly.

(5)
All unbundled components in the rate unbundling plan have been
adjusted to reflect any base rate reductions on file with the
commission and as scheduled to be in effect by December 31, 2005,
under rate settlements in effect on the effective date of this
section. However, all earnings obligations, restrictions, or caps
imposed on an electric utility in a commission order prior to the
effective date of this section are void.

(6)
Subject to division (A)(5) of this section, the total of all
unbundled components in the rate unbundling plan are capped and shall
equal during the market development period, except as specifically
provided in this chapter, the total of all rates and charges in
effect under the applicable bundled schedule of the electric utility
pursuant to section 4905.30 of the Revised Code in effect on the day
before the effective date of this section, including the transition
charge determined under section 4928.40 of the Revised Code, adjusted
for any changes in the taxation of electric utilities and retail
electric service under Sub. S.B. No. 3 of the 123rd General Assembly
and the percentage of income payment plan rider authorized by section
4928.52 of the Revised Code. For the purpose of this division, the
rate cap applicable to a customer receiving electric service pursuant
to an arrangement approved by the commission under section 4905.31 of
the Revised Code is, for the term of the arrangement, the total of
all rates and charges in effect under the arrangement. For any rate
schedule filed pursuant to section 4905.30 of the Revised Code or any
arrangement subject to approval pursuant to section 4905.31 of the
Revised Code, the initial tax-related adjustment to the rate cap
required by this division shall be equal to the rate of taxation
specified in section 5727.81 of the Revised Code and applicable to
the schedule or arrangement. To the extent such total annual amount
of the tax-related adjustment is greater than or less than the
comparable amount of the total annual tax reduction experienced by
the electric utility as a result of the provisions of Sub. S.B. No. 3
of the 123rd general assembly, such difference shall be addressed by
the commission through accounting procedures, refunds, or an annual
surcharge or credit to customers, or through other appropriate means,
to avoid placing the financial responsibility for the difference upon
the electric utility or its shareholders. Any adjustments in the rate
of taxation specified in section 5727.81 of the Revised Code shall
not occur without a corresponding adjustment to the rate cap for each
such rate schedule or arrangement. The department of taxation shall
advise the commission and self-assessors under section 5727.81 of the
Revised Code prior to the effective date of any change in the rate of
taxation specified under that section, and the commission shall
modify the rate cap to reflect that adjustment so that the rate cap
adjustment is effective as of the effective date of the change in the
rate of taxation. This division shall be applied, to the extent
possible, to eliminate any increase in the price of electricity for
customers that otherwise may occur as a result of establishing the
taxes contemplated in section 5727.81 of the Revised Code.

(7)

The rate unbundling plan complies with any rules adopted by the
commission under division (A) of section 4928.06 of the Revised Code.

(8)

The corporate separation plan required by division (A)(2) of section
4928.31 of the Revised Code complies with section 4928.17 of the
Revised Code

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
.

(9)
(8)

Any plan or plans the commission requires to address operational
support systems and any other technical implementation issues
pertaining to competitive retail electric service comply with
any
rules adopted by the
commission

under
division (A) of section 4928.06 of the Revised Code
requirements
.

(10)
(9)

The employee assistance plan required by division (A)(4) of section
4928.31 of the Revised Code sufficiently provides severance,
retraining, early retirement, retention, outplacement, and other
assistance for the utility's employees whose employment is affected
by electric industry restructuring under this chapter.

(11)
(10)

The consumer education plan required under division (A)(5) of section
4928.31 of the Revised Code complies with former section 4928.42 of
the Revised Code

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
.

(12)
(11)

The transition revenues for which an electric utility is authorized a
revenue opportunity under sections 4928.31 to 4928.40 of the Revised
Code are the allowable transition costs of the utility as such costs
are determined by the commission pursuant to section 4928.39 of the
Revised Code, and the transition charges for the customer classes and
rate schedules of the utility are the charges determined pursuant to
section 4928.40 of the Revised Code.

(13)
(12)

Any independent transmission plan included in the transition plan
filed under section 4928.31 of the Revised Code reasonably complies
with section 4928.12 of the Revised Code

and any rules adopted by the commission under division (A) of section
4928.06 of the Revised Code
,
unless the commission, for good cause shown, authorizes the utility
to defer compliance until an order is issued under division (G) of
section 4928.35 of the Revised Code.

(14)
(13)

The utility is in compliance with sections 4928.01 to 4928.11 of the
Revised Code and any rules or orders of the commission adopted or
issued under those sections.

(15)
(14)

All unbundled components in the rate unbundling plan have been
adjusted to reflect the elimination of the tax on gross receipts
imposed by section 5727.30 of the Revised Code.

In
addition, a transition plan approved by the commission under section
4928.33 of the Revised Code but not containing an approved
independent transmission plan shall contain the express conditions
that the utility will comply with an order issued under division (G)
of section 4928.35 of the Revised Code.

(B)
If the commission finds that any part of the transition plan would
constitute an abandonment under sections 4905.20 and 4905.21 of the
Revised Code, the commission shall not approve that part of the
transition plan unless it makes the finding required for approval of
an abandonment application under section 4905.21 of the Revised Code.
Sections 4905.20 and 4905.21 of the Revised Code otherwise shall not
apply to a transition plan under sections 4928.31 to 4928.40 of the
Revised Code.

Sec.
4928.35.
(A)
Upon approval of its transition plan under sections 4928.31 to
4928.40 of the Revised Code, an electric utility shall file in
accordance with section 4905.30 of the Revised Code schedules
containing the unbundled rate components set in the approved plan in
accordance with section 4928.34 of the Revised Code. The schedules
shall be in effect for the duration of the utility's market
development period, shall be subject to the cap specified in division
(A)(6) of section 4928.34 of the Revised Code, and shall not be
adjusted during that period by the public utilities commission except
as otherwise authorized by division (B) of this section or as
otherwise authorized by federal law or except to reflect any change
in tax law or tax regulation that has a material effect on the
electric utility.

(B)
Efforts shall be made to reach agreements with electric utilities in
matters of litigation regarding property valuation issues.
Irrespective of those efforts, the unbundled components for an
electric utility's retail electric generation service and
distribution service, as provided in division (A) of this section,
are not subject to adjustment for the utility's market development
period, except that the commission shall order an equitable reduction
in those components for all customer classes to reflect any refund a
utility receives as a result of the resolution of utility personal
property tax valuation litigation that is resolved on or after the
effective date of this section and not later than December 31, 2005.
Immediately upon the issuance of that order, the electric utility
shall file revised rate schedules under section 4909.18 of the
Revised Code to effect the order.

(C)
The schedule under division (A) of this section containing the
unbundled distribution components shall provide that electric
distribution service under the schedule will be available to all
retail electric service customers in the electric utility's certified
territory and their suppliers on a nondiscriminatory and comparable
basis on and after the starting date of competitive retail electric
service. The schedule also shall include an obligation to build
distribution facilities when necessary to provide adequate
distribution service, provided that a customer requesting that
service may be required to pay all or part of the reasonable
incremental cost of the new facilities, in accordance with rules,
policy, precedents, or orders of the commission.

(D)
During the market development period, an electric distribution
utility shall provide consumers on a comparable and nondiscriminatory
basis within its certified territory a standard service offer of all
competitive retail electric services necessary to maintain essential
electric service to consumers, including a firm supply of electric
generation service priced in accordance with the schedule containing
the utility's unbundled generation service component. Immediately
upon approval of its transition plan, the utility shall file the
standard service offer with the commission under section 4909.18 of
the Revised Code, during the market development period. The failure
of a supplier to deliver retail electric generation service shall
result in the supplier's customers, after reasonable notice,
defaulting to the utility's standard service offer filed under this
division until the customer chooses an alternative supplier. A
supplier is deemed under this section to have failed to deliver such
service if any of the conditions specified in section 4928.14 of the
Revised Code is met.

(E)
An amendment of a corporate separation plan contained in a transition
plan approved by the commission under section 4928.33 of the Revised
Code shall be filed and approved as a corporate separation plan
pursuant to section 4928.17 of the Revised Code.

(F)
Any change to an electric utility's opportunity to receive transition
revenues under a transition plan approved in accordance with section
4928.33 of the Revised Code shall be authorized only as provided in
sections 4928.31 to 4928.40 of the Revised Code.

(G)
The commission, by order, shall require each electric utility whose
approved transition plan did not include an independent transmission
plan as described in division
(A)(13)
(A)(12)

of section 4928.34 of the Revised Code to be a member of, and
transfer control of transmission facilities it owns or controls in
this state to, one or more qualifying transmission entities, as
described in division (B) of section 4928.12 of the Revised Code,
that are planned to be operational on and after December 31, 2003.
However, the commission may extend that date if, for reasons beyond
the control of the utility, a qualifying transmission entity is not
planned to be operational on that date. The commission's order may
specify an earlier date on which the transmission entity or entities
are planned to be operational if the commission considers it
necessary to carry out the policy specified in section 4928.02 of the
Revised Code or to encourage effective competition in retail electric
service in this state.

Upon
the issuance of the order, each such utility shall file with the
commission a plan for such independent operation of the utility's
transmission facilities consistent with this division. The commission
may reject and require refiling of any substantially inadequate plan
submitted under this division.

After
reasonable notice and opportunity for hearing, the commission shall
approve the plan upon a finding that the plan will result in the
utility's compliance with the order, this division, and any rules
adopted under division (A) of section 4928.06 of the Revised Code.
The approved independent transmission plan shall be deemed a part of
the utility's transition plan for purposes of sections 4928.31 to
4928.40 of the Revised Code.

Sec.
4928.37.
(A)(1)
Sections 4928.31 to 4928.40 of the Revised Code provide an electric
utility the opportunity to receive transition revenues that may
assist it in making the transition to a fully competitive retail
electric generation market. An electric Utility for which transition
revenues are approved pursuant to sections 4928.31 to 4928.40 of the
Revised Code shall receive those revenues through both of the
following mechanisms beginning on the starting date of competitive
retail electric service and ending on the expiration date of its
market development period as determined under section 4928.40 of the
Revised Code:

(a)
Payment of unbundled rates for retail electric services by each
customer that is supplied retail electric generation service during
the market development period by the customer's electric distribution
utility, which rates shall be specified in schedules filed under
section 4928.35 of the Revised Code;

(b)
Payment of a nonbypassable and competitively neutral transition
charge by each customer that is supplied retail electric generation
service during the market development period by an entity other than
the customer's electric distribution utility, as such transition
charge is determined under section 4928.40 of the Revised Code. The
transition charge shall be payable by each such retail electric
distribution service customer in the certified territory of the
electric utility for which the transition revenues are approved and
shall be billed on each kilowatt hour of electricity delivered to the
customer by the electric distribution utility as registered on the
customer's meter during the utility's market development period as
kilowatt hour is defined in section 4909.161 of the Revised Code or,
if no meter is used, as based on an estimate of kilowatt hours used
or consumed by the customer. The transition charge for each customer
class shall reflect the cost allocation to that class as provided
under bundled rates and charges in effect on the day before the
effective date of this section. Additionally, as reflected in section
4928.40 of the Revised Code, the transition charges shall be
structured to provide shopping incentives to customers sufficient to
encourage the development of effective competition in the supply of
retail electric generation service. To the extent possible, the level
and structure of the transition charge shall be designed to avoid
revenue responsibility shifts among the utility's customer classes
and rate schedules.

(2)(a)
Notwithstanding division (A)(1)(b) of this section, the transition
charge shall not be payable on electricity supplied by a municipal
electric utility to a retail electric distribution service customer
in the certified territory of the electric utility for which the
transition revenues are approved, if the municipal electric utility
provides electric transmission or distribution service, or both
services, through transmission or distribution facilities singly or
jointly owned or operated by the municipal electric utility, and if
the municipal electric utility was in existence, operating, and
providing service as of January 1, 1999.

(b)
The transition charge shall not be payable on electricity supplied or
consumed in this state except such electricity as is delivered to a
retail customer by an electric distribution utility and is registered
on the customer's meter during the utility's market development
period or, if no meter is used, is based on an estimate of kilowatt
hours used or consumed by the customer. However, no transition charge
shall be payable on electricity that is both produced and consumed in
this state by a self-generator.

(3)
The transition charge shall not be discounted by any party.

(4)
Nothing prevents payment of all or part of the transition charge by
another party on a customer's behalf if that payment does not
contravene sections 4905.33 to 4905.35 of the Revised Code or this
chapter.

(B)
The electric utility shall separately itemize and disclose, or cause
its billing and collection agent to separately itemize and disclose,
the transition charge on the customer's bill in accordance with
reasonable specifications the commission shall prescribe by rule

under division (A) of section 4928.06 of the Revised Code
.

Sec.
4928.543.
The
public utilities commission shall adopt rules to
implement
sections 4928.54, 4928.541, and 4928.542 of the Revised Code. The
rules shall
ensure
a fair and unbiased auction process and the performance of the
winning bidder or bidders

under sections 4928.54, 4928.541, and 4928.542 of the Revised Code
.

Sec.
4928.62.
(A)
There is hereby created the advanced energy program, which shall be
administered by the director of development. Under the program, the
director may authorize the use of moneys in the advanced energy fund
for financial, technical, and related assistance for advanced energy
projects in this state or for economic development assistance, in
furtherance of the purposes set forth in section 4928.63 of the
Revised Code.

(1)
To the extent feasible given approved applications for assistance,
the assistance shall be distributed among the certified territories
of electric distribution utilities and participating electric
cooperatives, and among the service areas of participating municipal
electric utilities, in amounts proportionate to the remittances of
each utility and cooperative under division (B)(2) of section 4928.61
of the Revised Code.

(2)
The funds described in division (B)(5) of section 4928.61 of the
Revised Code shall not be subject to the territorial requirements of
division (A)(1) of this section.

(3)
The director shall not authorize financial assistance for an advanced
energy project under the program unless the director first determines
that the project will create new jobs or preserve existing jobs in
this state or use innovative technologies or materials.

(B)
In carrying out sections 4928.61 to 4928.63 of the Revised Code, the
director may do all of the following to further the public interest
in advanced energy projects and economic development:

(1)
Award grants, contracts, loans, loan participation agreements, linked
deposits, and energy production incentives;

(2)
Acquire in the name of the director any property of any kind or
character in accordance with this section, by purchase, purchase at
foreclosure, or exchange, on such terms and in such manner as the
director considers proper;

(3)
Make and enter into all contracts and agreements necessary or
incidental to the performance of the director's duties and the
exercise of the director's powers under sections 4928.61 to 4928.63
of the Revised Code;

(4)
Employ or enter into contracts with financial consultants, marketing
consultants, consulting engineers, architects, managers, construction
experts, attorneys, technical monitors, energy evaluators, or other
employees or agents as the director considers necessary, and fix
their compensation;

(5)
Adopt rules prescribing the application procedures for financial
assistance under the advanced energy program; the fees, charges,
interest rates, payment schedules, local match requirements, and
other terms and conditions of any grants, contracts, loans, loan
participation agreements, linked deposits, and energy production
incentives;
and

criteria
pertaining to the eligibility of participating lending institutions;

and any other matters necessary for the implementation of the
program;

(6)
Do all things necessary and appropriate for the operation of the
program.

(C)
The department of development may hold ownership to any unclaimed
energy efficiency and renewable energy emission allowances provided
for in Chapter 3745-14 of the Administrative Code or otherwise, that
result from advanced energy projects that receive funding from the
advanced energy fund, and it may use the allowances to further the
public interest in advanced energy projects or for economic
development.

(D)
Financial statements, financial data, and trade secrets submitted to
or received by the director from an applicant or recipient of
financial assistance under sections 4928.61 to 4928.63 of the Revised
Code, or any information taken from those statements, data, or trade
secrets for any purpose, are not public records for the purpose of
section 149.43 of the Revised Code.

(E)
Nothing in the amendments of sections 4928.61, 4928.62, and 4928.63
of the Revised Code by Sub. H.B. 251 of the 126th general assembly
shall affect any pending or effected assistance, pending or effected
purchases or exchanges of property made, or pending or effected
contracts or agreements entered into pursuant to division (A) or (B)
of this section as the section existed prior to the effective date of
those amendments, January 4, 2007, or shall affect the exemption
provided under division (C) of this section as the section existed
prior to that effective date.

(F)
Any assistance a school district receives for an advanced energy
project, including a geothermal heating, ventilating, and air
conditioning system, shall be in addition to any assistance provided
under Chapter 3318. of the Revised Code and shall not be included as
part of the district or state portion of the basic project cost under
that chapter.

Sec.
4928.70.
(A)

The public utilities commission may periodically review any green
pricing program offered in this state as part of competitive retail
electric service. At the conclusion of a review, the commission may
make recommendations to improve or expand the program subject of the
review.

(B)
The commission shall adopt rules necessary to carry out purposes of
this section.

Sec.
4928.73.
(A)
As used in this section:

(1)
"Mercantile customer member" means a mercantile customer
connected to a mercantile customer self-power system.

(2)
"Mercantile customer self-power system" means one or more
electric generation facilities, electric storage facilities, or both,
along with any associated facilities, that meet all of the following:

(a)
Produce electricity primarily for the consumption of a mercantile
customer member or a group of mercantile customer members;

(b)
Connect directly to the mercantile customer member's side of the
electric meter;

(c)
Deliver electricity to the mercantile customer member's side of the
electric meter without the use of an electric distribution utility's
or electric cooperative's distribution system or transmission system;

(d)
Is located on either of the following:

(i)
A property owned or controlled by a mercantile customer member or the
entity that owns or operates the mercantile customer self-power
system;

(ii)
Land adjacent to a mercantile customer member if the facilities
connect directly with the customer.

(B)
The mercantile customer self-power system may be owned or operated by
a mercantile customer member, group of mercantile customer members,
or an entity that is not a mercantile customer member.

(C)
A mercantile customer self-power system may provide electric
generation service to one or more mercantile customers.

(D)

The
public utilities commission shall adopt rules to implement this
section that are applicable to electric distribution utilities.

(E)

Nothing in this section prohibits an electric distribution utility or
an electric cooperative from charging a mercantile customer for
distribution or transmission service used by a mercantile customer.

Sec.
4929.221.
(A)
If a competitive retail natural gas service supplier offers a
residential customer or non-mercantile commercial customer a contract
for a fixed introductory rate that converts to a variable rate upon
the expiration of the fixed rate, the supplier shall send two notices
to each residential customer and non-mercantile commercial customer
that enters into such a contract. Each notice shall provide all of
the following information to the customer:

(1)
The fixed rate that is expiring under the contract;

(2)
The expiration date of the contract's fixed rate;

(3)
The public utilities commission web site that, as a comparison tool,
lists rates offered by competitive retail natural gas service
suppliers.

(B)
The second notice shall include all the information required under
division (A) of this section and shall also identify the initial rate
to be charged upon the contract's conversion to a variable rate.

(C)
The notices shall be sent by standard United States mail or
electronically with a customer's verifiable consent as follows:

(1)
The supplier shall send the first notice not earlier than ninety days
and not later than sixty days prior to the expiration of the fixed
rate.

(2)
The supplier shall send the second notice not earlier than forty-five
days and not later than fifteen days prior to the expiration of the
fixed rate.

(D)
A competitive retail natural gas service supplier shall provide an
annual notice, by standard United States mail or electronically with
a customer's verifiable consent, to each residential customer and
non-mercantile commercial customer that has entered into a contract
with the supplier that has converted to a variable rate upon the
expiration of the contract's fixed introductory rate. The notice
shall inform the customer that the customer is currently subject to a
variable rate and that other fixed rate contracts are available.

(E)

Not
later than one hundred fifty days after the effective date of this
section,

the
commission shall adopt rules in order to implement divisions (A) to
(D) of this section. The rules, at a minimum, shall include the
following requirements regarding the notices required under divisions
(A) to (D) of this section:

(1)
To use clear and unambiguous language in order to enable the customer
to make an informed decision;

(2)
To design the notices in a way to ensure that they cannot be confused
with marketing materials.

(F)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under section 4929.221 of the Revised Code is not subject to sections
121.95 to 121.953 of the Revised Code.

Sec.
4935.04.
(A)
As used in this chapter:

(1)
"Major utility facility" means:

(a)
An electric transmission line and associated facilities of a design
capacity of one hundred twenty-five kilovolts or more;

(b)
A gas or natural gas transmission line and associated facilities
designed for, or capable of, transporting gas or natural gas at
pressures in excess of one hundred twenty-five pounds per square
inch.

"Major
utility facility" does not include electric, gas, or natural gas
distributing lines and gas or natural gas gathering lines and
associated facilities as defined by the public utilities commission;
facilities owned or operated by industrial firms, persons, or
institutions that produce or transmit gas or natural gas, or
electricity primarily for their own use or as a byproduct of their
operations; gas or natural gas transmission lines and associated
facilities over which an agency of the United States has certificate
jurisdiction; facilities owned or operated by a person furnishing gas
or natural gas directly to fifteen thousand or fewer customers within
this state.

(2)
"Person" has the meaning set forth in section 4906.01 of
the Revised Code.

(3)
"Advanced transmission technologies" has the same meaning
as in section 4906.01 of the Revised Code.

(B)
Each person owning or operating a gas or natural gas transmission
line and associated facilities within this state over which an agency
of the United States has certificate jurisdiction shall furnish to
the commission a copy of the energy information filed by the person
with that agency of the United States.

(C)
Each person owning or operating a major utility facility within this
state, or furnishing gas, natural gas, or electricity directly to
more than fifteen thousand customers within this state shall furnish
a report to the commission for its review. The report shall be
furnished annually, except that for a gas or natural gas company the
report shall be furnished every three years. The report shall be
termed the long-term forecast report and shall contain:

(1)
A year-by-year, ten-year forecast of annual energy demand, peak load,
reserves, and a general description of the resource planning
projections to meet demand;

(2)
A range of projected loads during the period;

(3)
A description of major utility facilities planned to be added or
taken out of service in the next ten years, including, to the extent
the information is available, prospective sites for transmission line
locations;

(4)
For gas and natural gas, a projection of anticipated supply, supply
prices, and sources of supply over the forecast period;

(5)
A description of proposed changes in the transmission system planned
for the next five years;

(6)
A month-by-month forecast of both energy demand and peak load for
electric utilities, and gas sendout for gas and natural gas
utilities, for the next two years. The report shall describe the
major utility facilities that, in the judgment of such person, will
be required to supply system demands during the forecast period. The
report from a gas or natural gas utility shall cover the ten- and
five-year periods next succeeding the date of the report, and the
report from an electric utility shall cover the twenty-, ten-, and
five-year periods next succeeding the date of the report. Each report
shall be made available to the public and furnished upon request to
municipal corporations and governmental agencies charged with the
duty of protecting the environment or of planning land use. The
report shall be in such form and shall contain such information as
may be prescribed by the commission.

Each
person not owning or operating a major utility facility within this
state and serving fifteen thousand or fewer gas or natural gas, or
electric customers within this state shall furnish such information
as the commission requires.

(7)
For electric transmission, a person shall include an evaluation and
report of the potential use of, or investment in, one or more
advanced transmission technologies to enable the electric utility to
safely, reliably, efficiently, and cost-effectively meet electric
system demand through its major utility facilities.

The
report shall identify which advanced transmission technologies were
considered as a part of the review of the major utility facilities
for the next five years. A person shall also include a cost
evaluation comparing costs of traditional transmission investments
and costs of advanced transmission technologies for the projects
considered on the major utility facilities applied individually,
together, or in sequence. The report shall also include an advanced
transmission technology congestion mitigation study to
cost-effectively maximize the delivery of energy resources in the
near term that:

(a)
Identifies locations on the entity's transmission system where
congestion has occurred for a total of fifty hours per year or more
during the last three years or is likely to occur during the next
five years, including due to planned transmission outages or other
factors;

(b)
Estimates the frequency of congestion at each location and the
increased cost to ratepayers resulting from the substitution of
higher-priced electricity;

(c)
Evaluates the technical feasibility and estimates the cost of
installing one or more advanced transmission technologies to address
each instance of grid congestion identified in division (C)(7)(a) of
this section and projects the grid-enhancing technology's efficacy in
reducing congestion;

(d)
Analyzes the cost-effectiveness of installing grid-enhancing
technologies to address each instance of congestion identified in
division (C)(7)(a) of this section by using the information developed
in division (C)(7)(c) of this section to calculate the payback period
of each installation, using a methodology developed by the
commission;

(e)
Proposes an implementation plan, including a schedule and cost
estimate, to install grid-enhancing technologies at each congestion
point at which the payback period is less than or equal to a value
determined by the commission, in order to maximize transmission
system capacity, and explains the entity's current line rating
methodology.

(D)
The commission shall:

(1)
Review and comment on the reports filed under division (C) of this
section, and make the information contained in the reports readily
available to the public and other interested government agencies;

(2)
Compile and publish each year the general locations of proposed and
existing transmission line routes within its jurisdiction as
identified in the reports filed under division (C) of this section,
identifying the general location of such sites and routes and the
approximate year when construction is expected to commence, and to
make such information readily available to the public, to each
newspaper of daily or weekly circulation within the area affected by
the proposed site and route, and to interested federal, state, and
local agencies;

(3)
Hold a public hearing upon the showing of good cause to the
commission by an interested party.

If
a hearing is held, the commission shall fix a time for the hearing,
which shall be not later than ninety days after the report is filed,
and publish notice of the date, time of day, and location of the
hearing in a newspaper of general circulation in each county in which
the person furnishing the report has or intends to locate a major
utility facility and will provide service during the period covered
by the report. The notice shall be published not less than fifteen
nor more than thirty days before the hearing and shall state the
matters to be considered.

(4)
Require such information from persons subject to its jurisdiction as
necessary to assist in the conduct of hearings and any investigation
or studies it may undertake;

(5)
Conduct any studies or investigations that are necessary or
appropriate to carry out its responsibilities under this section.

(6)
Review and evaluate that advanced transmission technologies were
properly reported in accordance with division (C)(7) of this section
and allow stakeholders to provide comments.

(7)
Approve advanced transmission technology congestion mitigation
implementation plans, including cost recovery.

(E)(1)
The scope of the hearing held under division (D)(3) of this section
shall be limited to issues relating to forecasting. The power siting
board, the office of consumers' counsel, and all other persons having
an interest in the proceedings shall be afforded the opportunity to
be heard and to be represented by counsel. The commission may adjourn
the hearing from time to time.

(2)
The hearing shall include, but not be limited to, a review of:

(a)
The projected loads and energy requirements for each year of the
period;

(b)
The estimated installed capacity and supplies to meet the projected
load requirements.

(F)
Based upon the report furnished pursuant to division (C) of this
section and the hearing record, the commission, within ninety days
from the close of the record in the hearing, shall determine if:

(1)
All information relating to current activities, facilities
agreements, and published energy policies of the state has been
completely and accurately represented;

(2)
The load requirements are based on substantially accurate historical
information and adequate methodology;

(3)
The forecasting methods consider the relationships between price and
energy consumption;

(4)
The report identifies and projects reductions in energy demands due
to energy conservation measures in the industrial, commercial,
residential, transportation, and energy production sectors in the
service area;

(5)
Utility company forecasts of loads and resources are reasonable in
relation to population growth estimates made by state and federal
agencies, transportation, and economic development plans and
forecasts, and make recommendations where possible for necessary and
reasonable alternatives to meet forecasted electric power demand;

(6)
The report considers plans for expansion of the regional power grid
and the planned facilities of other utilities in the state;

(7)
All assumptions made in the forecast are reasonable and adequately
documented.

(G)
The commission shall adopt rules under section 111.15 of the Revised
Code to establish criteria for evaluating the long-term forecasts of
needs for gas and electric transmission service, to conduct hearings
held under this section,
and

to
establish reasonable fees to defray the direct cost of the hearings
and the review process
,
and such other rules as are necessary and convenient to implement
this section
.

(H)
The hearing record produced under this section and the determinations
of the commission shall be introduced into evidence and shall be
considered in determining the basis of need for power siting board
deliberations under division (A)(1) of section 4906.10 of the Revised
Code. The hearing record produced under this section shall be
introduced into evidence and shall be considered by the commission in
its initiation of programs, examinations, and findings under section
4905.70 of the Revised Code, and shall be considered in the
commission's determinations with respect to the establishment of just
and reasonable rates under section 4909.15 of the Revised Code and
financing utility facilities and authorizing issuance of all
securities under sections 4905.40, 4905.401, 4905.41, and 4905.42 of
the Revised Code. The forecast findings also shall serve as the basis
for all other energy planning and development activities of the state
government where electric and gas data are required.

(I)(1)
No court other than the supreme court shall have power to review,
suspend, or delay any determination made by the commission under this
section, or enjoin, restrain, or interfere with the commission in the
performance of official duties. A writ of mandamus shall not be
issued against the commission by any court other than the supreme
court.

(2)
A final determination made by the commission shall be reversed,
vacated, or modified by the supreme court on appeal, if, upon
consideration of the record, such court is of the opinion that such
determination was unreasonable or unlawful.

The
proceeding to obtain such reversal, vacation, or modification shall
be by notice of appeal, filed with the commission by any party to the
proceeding before it, against the commission, setting forth the
determination appealed from and errors complained of. The notice of
appeal shall be served, unless waived, upon the commission by leaving
a copy at the office of the chairperson of the commission at
Columbus. The court may permit an interested party to intervene by
cross-appeal.

(3)
No proceeding to reverse, vacate, or modify a determination of the
commission is commenced unless the notice of appeal is filed within
sixty days after the date of the determination.

Sec.
4939.07.
(A)
As used in this section, "most recent," with respect to any
rate proceeding, means the rate proceeding most immediately preceding
the date of any final order issued by the public utilities commission
under this section.

(B)(1)
Notwithstanding any other provision of law or any agreement
establishing price caps, rate freezes, or rate increase moratoria, a
public utility subject to the rate-making jurisdiction of the
commission may file an application with the commission for, and the
commission shall then authorize by order, timely and full recovery of
a public way fee levied upon and payable by the public utility both
after January 1, 2002, and after the test year of the public
utility's most recent rate proceeding or the initial effective date
of rates in effect but not established through a proceeding for an
increase in rates.

(2)
Any order issued by the commission pursuant to its consideration of
an application under division (B)(1) of this section shall establish
a cost recovery mechanism including, but not limited to, an adder,
tracker, rider, or percentage surcharge, for recovering the amount to
be recovered; specify that amount; limit the amount to not more and
not less than the amount of the total public way fee incurred; and
require periodic adjustment of the mechanism based on revenues
recovered.

(a)
In the case of a cost recovery mechanism for a public way fee levied
on and payable by a public utility but determined unreasonable,
unjust, unjustly discriminatory, or unlawful by the commission
pursuant to division (C) of section 4939.06 of the Revised Code, the
mechanism shall provide for recovery, only from those customers of
the public utility that receive its service within the municipal
corporation, of the difference between that public way fee and the
just and reasonable public way fee determined by the commission under
division (C) of section 4939.06 of the Revised Code.

(b)
In all other cases, recovery shall be from all customers of the
public utility generally.

(C)
In the case of recovery under division (B)(2)(a) or (b) of this
section, the recovery mechanism payable by sale-for-resale or
wholesale telecommunications customers shall provide for recovery
limited to any public way fee not included in established rates and
prices for those customers and to the pro rata share of the public
way fee applicable to the portion of the facilities that are sold,
leased, or rented to the customers and are located in the public way.
The recovery shall be in a nondiscriminatory and competitively
neutral manner and prorated on a per-line or per-line equivalent
basis among all retail, sale-for-resale, and wholesale
telecommunications customers subject to the recovery.

(D)(1)
Notwithstanding any other provision of law or any agreement
establishing price caps, rate freezes, or rate increase moratoria, a
public utility subject to the rate-making jurisdiction of the
commission may file an application with the commission for, and the
commission by order shall authorize, such accounting authority as may
be reasonably necessary to classify any cost described in division
(D)(2) of this section as a regulatory asset for the purpose of
recovering that cost.

(2)
A cost eligible for recovery under division (D) of this section shall
be only such cost as meets both of the following:

(a)
The cost is directly incurred by the public utility as a result of
municipal corporation regulation of its occupancy or use of a public
way or an appropriate allocation and assignment of costs related to
implementation of this section, excluding any cost arising from a
public way fee levied upon and payable by the public utility.

(b)
The cost is incurred by the public utility both after January 1,
2002, and after the test year of the public utility's most recent
rate proceeding or the initial effective date of rates in effect but
not established through a proceeding for an increase in rates.

(3)
If the commission determines, upon an application under division
(D)(1) of this section or its own initiative, that classification of
a cost described in division (D)(2) of this section as a regulatory
asset is not practical or that deferred recovery of that cost would
impose a hardship on the public utility or its customers, the
commission shall establish a charge and collection mechanism to
permit the public utility full recovery of that cost. A hardship
shall be presumed for any public utility with less than fifteen
thousand bundled sales service customers in this state and for any
public utility for which the annualized aggregate amount of
additional cost that otherwise may be eligible for such
classification exceeds the greater of five hundred thousand dollars
or fifteen per cent of the total costs that are described in division
(D)(2)(a) of this section and were considered by the commission for
the purpose of establishing rates in the public utility's most recent
rate increase proceeding or the rate increase proceeding of the
public utility's predecessor, whichever is later.

(E)
Any application submitted to the commission under divisions (B) to
(D) of this section shall be processed by the commission as an
application not for an increase in rates under section 4909.18 of the
Revised Code. The application shall include such information as the
commission reasonably requires. The commission shall conclude its
consideration of the application and issue a final order not later
than one hundred twenty days after the date that the application was
submitted to the commission. A final order regarding a recovery
mechanism authorized pursuant to this section shall provide for such
retroactive adjustment as the commission determines appropriate.

(F)
A public utility shall not be required to waive any rights under this
section as a condition of occupancy or use of a public way.

(G)
The commission may issue such rules as it considers necessary to
carry out this section.

Sec.
4981.14.
(A)
The Ohio rail development commission may exercise all powers
necessary or appropriate to carry out its corporate purposes.

(B)
The commission may do all of the following:

(1)

Adopt, and from time to time, ratify, amend, and repeal bylaws
necessary and proper for the regulation of its affairs and the
conduct of its business and rules to implement and make effective its
powers and duties;

(2)

Adopt an official seal;

(3)
(2)

Maintain a principal office in Columbus and, if necessary, regional
sub-offices at locations properly designated or provided;

(4)
(3)

Sue and be sued in its own name and plead and be impleaded in its own
name, particularly to enforce the obligations and covenants made
under this section and sections 4981.13 and 4981.29 of the Revised
Code. Any actions against the commission shall be brought in the
court of common pleas in Franklin county, in which the principal
office of the commission shall be located.

(5)
(4)

Undertake or cause to be undertaken the acquisition, renovation,
repair, refunding, operation, maintenance, or construction of any
rail service project;

(6)
(5)

Establish and operate a revolving loan fund for the purpose of making
loans to qualifying subdivisions, local or regional transportation
authorities, or other persons for the acquisition, renovation,
repair, refunding, or construction of rail service projects by such
qualifying subdivisions, local or regional transportation
authorities, and private corporations or organizations, and the
repayment thereof from project financing proceeds and revenues;
purchase the obligations of counties and municipal corporations
issued for the acquisition, renovation, repair, or construction of
rail service projects by such qualifying subdivisions and local or
regional transportation authorities; and adopt rules and procedures
for making those loans or purchasing those obligations;

(7)
(6)

Issue bonds and notes and refunding obligations of the state, payable
as provided in this chapter unless the bonds are refunded by
refunding bonds, for the purpose of borrowing money to implement any
power granted by divisions
(B)(5)
(B)(4)

and
(6)
(5)

of this section for one or more rail service projects or parts
thereof;

(8)
(7)

Acquire by gift or purchase, hold, or dispose of real and personal
property in the exercise of its powers and performance of its duties
as set forth in this chapter;

(9)
(8)

Make and enter into all contracts and agreements and execute all
instruments necessary or incidental to the performance of its duties
and the execution of its powers and to employ natural persons to act
on behalf of the commission, and to establish the terms and
conditions of such employment;

(10)
(9)

Receive and accept from any federal agency or other person, subject
to the approval of the governor, grants for or in aid of the
construction, repair, renovation, operation, maintenance, or
acquisition of rail service projects, and receive and accept aid or
contributions from any source of money, property, labor, or other
things of value, to be held, used, and applied only for the purposes
for which the grants and contributions are made;

(11)
(10)

Purchase property coverage and liability insurance for any rail
service project and for any offices of the commission, insurance
protecting the commission and its officers and employees against
liability, if any, or damage to property or injury to or death of
persons arising from its operations, and any other insurance the
commission may agree to provide under any resolution authorizing the
issuance of bonds in accordance with sections 4981.11 to 4981.26 of
the Revised Code, or in any trust agreement securing the same;

(12)
(11)

Establish or increase reserves from moneys received or to be received
by the commission to secure or pay the principal of and interest on
bonds, notes, or other obligations issued by the commission pursuant
to this chapter or other law. Moneys, funds, and accounts of the
commission, however, are subject only to audit by the auditor of
state and all moneys, funds, and accounts shall be held in custody or
deposited as directed by resolution of the commission and unless
otherwise provided by law all moneys of the commission not pledged to
the holders of bonds of the commission shall be appropriated by the
general assembly.

(13)
(12)

Receive and disburse the proceeds of general obligation or other
bonds of the state or agencies thereof as may be allowed by law
pursuant to any resolution or act of the general assembly;

(14)
(13)

To the extent permitted under its contracts with the holders of bonds
or notes of the commission, consent to modification of the rate of
interest, time and payment of installment of principal or interest,
security, or any other term of a bond, contract, or agreement of any
kind to which the commission is a party;

(15)
(14)

Make grants to counties or municipal corporations, qualifying
subdivisions, local or regional transportation authorities, or other
persons for one or more rail service projects or parts thereof;

(16)
(15)

Provide consultation services to any qualifying subdivision, local or
regional transportation authority, or other person in connection with
the acquisition, renovation, repair, or construction of any rail
service project;

(17)
(16)

Establish and amend the criteria and qualifications for the making of
any loan to or the purchasing of any bond from any qualifying
subdivision, local or regional transportation authority, or other
person and the terms not inconsistent with this chapter of any loan
or bond purchase agreement with any qualifying subdivision, local or
regional transportation authority, or other person;

(18)
(17)

Deposit money received from the repayment of loans and recoveries
from the sale, lease, or other disposition of property acquired or
constructed from amounts loaned by the commission pursuant to section
4981.13 of the Revised Code or division (B) of this section, in an
account pledged to secure, and applied to the repayment, without the
need for appropriation, of, obligations issued under section 166.08
of the Revised Code to pay the costs of property, facilities, or
equipment that qualifies as rail service projects; enter into
agreements with the treasurer of state or a corporate trustee for
such obligations to provide for the deposit and pledge of such money
as specified in the agreement, to permit the withdrawal of money by
the treasurer of state or corporate trustee from the account as
necessary for application to the payment of debt service on such
obligations, and to permit the investment of those amounts, without
regard to Chapter 131. or 135. of the Revised Code, pending their
application to the payment of debt service; and enter into agreements
with persons to provide for the repayment of any amounts paid from
any pledged account in connection with obligations issued under
section 166.08 of the Revised Code;

(19)
(18)

Do all acts necessary and proper to carry out the powers expressly
granted to the commission in this chapter.

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

Sec.
5101.11.
(A)
As used in this section:

(1)
"Entity" includes an agency, board, commission, or
department of the state or a political subdivision of the state; a
private, nonprofit entity; a school district; a private school; or a
public or private institution of higher education.

(2)
"Federal financial participation" means the federal
government's share of expenditures made by an entity in implementing
a program administered by the department of job and family services.

(B)
At the request of any public entity having authority to implement a
program administered by the department of job and family services or
the department of children and youth, or any private entity under
contract with a public entity to implement a program administered by
the applicable department, the applicable department may seek to
obtain federal financial participation for costs incurred by the
entity. Federal financial participation may be sought from programs
operated pursuant to Title IV-A of the "Social Security Act,"
42 U.S.C. 601 et seq.; Title IV-E of the "Social Security Act,"
42 U.S.C. 670 et seq.; the Food and Nutrition Act of 2008, 7 U.S.C.
2011 et seq.; and any other statute or regulation under which federal
financial participation may be available, except that federal
financial participation may be sought only for expenditures made with
funds for which federal financial participation is available under
federal law.

(C)
All funds collected by the department of job and family services or
the department of children and youth pursuant to division (B) of this
section shall be distributed to the entities that incurred the costs,
except for any amounts retained by the applicable department pursuant
to division (D)(3) of this section.

(D)
In distributing federal financial participation pursuant to this
section, the department of job and family services or the department
of children and youth may either enter into an agreement with the
entity that is to receive the funds or distribute the funds in
accordance with rules adopted under division (F) of this section. If
an agreement to distribute the funds is entered into, the agreement
may include terms that do any of the following:

(1)
Provide for the whole or partial reimbursement of any cost incurred
by the entity in implementing the program;

(2)
In the event that federal financial participation is disallowed or
otherwise unavailable for any expenditure, require the applicable
department or the entity, whichever party caused the disallowance or
unavailability of federal financial participation, to assume
responsibility for the expenditures;

(3)
Permit the applicable department to retain not more than five per
cent of the amount of the federal financial participation to be
distributed to the entity;

(4)
Require the public entity to certify the availability of sufficient
unencumbered funds to match the federal financial participation it
receives under this section;

(5)
Establish the length of the agreement, which may be for a fixed or a
continuing period of time;

(6)
Establish any other requirements determined by the applicable
department to be necessary for the efficient administration of the
agreement.

(E)
An entity that receives federal financial participation pursuant to
this section for a program aiding children and their families shall
establish a process for collaborative planning with the department of
job and family services or the department of children and youth for
the use of the funds to improve and expand the program.

(F)
The director of job and family services and the director of children
and youth each shall adopt rules
as
necessary to implement this section, including rules
for
the distribution of federal financial participation pursuant to this
section. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code. Each director may adopt or amend any statewide
plan required by the federal government for a program administered by
that department, as necessary to implement this section.

(G)
Federal financial participation received pursuant to this section
shall not be included in any calculation made under section 5101.16
or 5101.161 of the Revised Code.

Sec.
5101.16.
(A)
As used in this section and sections 5101.161 and 5101.162 of the
Revised Code:

(1)
"Disability financial assistance" means the financial
assistance program established under former Chapter 5115. of the
Revised Code.

(2)
"Supplemental nutrition assistance program" means the
program administered by the department of job and family services
pursuant to section 5101.54 of the Revised Code.

(3)
"Ohio works first" means the program established by Chapter
5107. of the Revised Code.

(4)
"Prevention, retention, and contingency" means the program
established by Chapter 5108. of the Revised Code.

(5)
"Public assistance expenditures" means expenditures for all
of the following:

(a)
Ohio works first;

(b)
County administration of Ohio works first;

(c)
Prevention, retention, and contingency;

(d)
County administration of prevention, retention, and contingency;

(e)
Disability financial assistance;

(f)
County administration of disability financial assistance;

(g)
County administration of the supplemental nutrition assistance
program;

(h)
County administration of medicaid, excluding administrative
expenditures for transportation services covered by the medicaid
program.

(6)
"Title IV-A program" has the same meaning as in section
5101.80 of the Revised Code.

(B)
Each board of county commissioners shall pay the county share of
public assistance expenditures in accordance with section 5101.161 of
the Revised Code. Except as provided in division (C) of this section,
a county's share of public assistance expenditures is the sum of all
of the following for state fiscal year 1998 and each state fiscal
year thereafter:

(1)
The amount that is twenty-five per cent of the county's total
expenditures for disability financial assistance and county
administration of that program during the state fiscal year ending in
the previous calendar year that the department of job and family
services determines are allowable.

(2)
The amount that is ten per cent, or other percentage determined under
division (D) of this section, of the county's total expenditures for
county administration of the supplemental nutrition assistance
program and medicaid (excluding administrative expenditures for
transportation services covered by the medicaid program) during the
state fiscal year ending in the previous calendar year that the
department determines are allowable, less the amount of federal
reimbursement credited to the county under division (E) of this
section for the state fiscal year ending in the previous calendar
year;

(3)
A percentage of the actual amount of the county share of program and
administrative expenditures during federal fiscal year 1994 for
assistance and services, other than child care, provided under Titles
IV-A and IV-F of the "Social Security Act," 49 Stat. 620
(1935), 42 U.S.C. 301, as those titles existed prior to the enactment
of the "Personal Responsibility and Work Opportunity
Reconciliation Act of 1996," 110 Stat. 2105. The department of
job and family services shall determine the actual amount of the
county share from expenditure reports submitted to the United States
department of health and human services. The percentage shall be the
percentage established in rules adopted under division (F) of this
section.

(C)(1)
If a county's share of public assistance expenditures determined
under division (B) of this section for a state fiscal year exceeds
one hundred five per cent of the county's share for those
expenditures for the immediately preceding state fiscal year, the
department of job and family services shall reduce the county's share
for expenditures under divisions (B)(1) and (2) of this section so
that the total of the county's share for expenditures under division
(B) of this section equals one hundred five per cent of the county's
share of those expenditures for the immediately preceding state
fiscal year.

(2)
A county's share of public assistance expenditures determined under
division (B) of this section may be increased pursuant to section
5101.163 of the Revised Code and a sanction under section 5101.24 of
the Revised Code. An increase made pursuant to section 5101.163 of
the Revised Code may cause the county's share to exceed the limit
established by division (C)(1) of this section.

(D)(1)
If the per capita tax duplicate of a county is less than the per
capita tax duplicate of the state as a whole and division (D)(2) of
this section does not apply to the county, the percentage to be used
for the purpose of division (B)(2) of this section is the product of
ten multiplied by a fraction of which the numerator is the per capita
tax duplicate of the county and the denominator is the per capita tax
duplicate of the state as a whole. The department of job and family
services shall compute the per capita tax duplicate for the state and
for each county by dividing the tax duplicate for the most recent
available year by the current estimate of population prepared by the
development services agency.

(2)
If the percentage of families in a county with an annual income of
less than three thousand dollars is greater than the percentage of
such families in the state and division (D)(1) of this section does
not apply to the county, the percentage to be used for the purpose of
division (B)(2) of this section is the product of ten multiplied by a
fraction of which the numerator is the percentage of families in the
state with an annual income of less than three thousand dollars a
year and the denominator is the percentage of such families in the
county. The department of job and family services shall compute the
percentage of families with an annual income of less than three
thousand dollars for the state and for each county by multiplying the
most recent estimate of such families published by the development
services agency, by a fraction, the numerator of which is the
estimate of average annual personal income published by the bureau of
economic analysis of the United States department of commerce for the
year on which the census estimate is based and the denominator of
which is the most recent such estimate published by the bureau.

(3)
If the per capita tax duplicate of a county is less than the per
capita tax duplicate of the state as a whole and the percentage of
families in the county with an annual income of less than three
thousand dollars is greater than the percentage of such families in
the state, the percentage to be used for the purpose of division
(B)(2) of this section shall be determined as follows:

(a)
Multiply ten by the fraction determined under division (D)(1) of this
section;

(b)
Multiply the product determined under division (D)(3)(a) of this
section by the fraction determined under division (D)(2) of this
section.

(4)
The department of job and family services shall determine, for each
county, the percentage to be used for the purpose of division (B)(2)
of this section not later than the first day of July of the year
preceding the state fiscal year for which the percentage is used.

(E)
The department of job and family services shall credit to a county
the amount of federal reimbursement the department receives from the
United States departments of agriculture and health and human
services for the county's expenditures for administration of the
supplemental nutrition assistance program and medicaid (excluding
administrative expenditures for transportation services covered by
the medicaid program) that the department determines are allowable
administrative expenditures.

(F)(1)
The director of job and family services shall adopt rules in
accordance with section 111.15 of the Revised Code to establish all
of the following:

(a)
The method the department is to use to change a county's share of
public assistance expenditures determined under division (B) of this
section as provided in division (C) of this section;

(b)
The allocation methodology and formula the department will use to
determine the amount of funds to credit to a county under this
section;

(c)
The method the department will use to change the payment of the
county share of public assistance expenditures from a calendar-year
basis to a state fiscal year basis;

(d)
The percentage to be used for the purpose of division (B)(3) of this
section, which shall, except as provided in section 5101.163 of the
Revised Code, meet both of the following requirements:

(i)
The percentage shall not be less than seventy-five per cent nor more
than eighty-two per cent;

(ii)
The percentage shall not exceed the percentage that the state's
qualified state expenditures is of the state's historic state
expenditures as those terms are defined in 42 U.S.C. 609(a)(7).

(e)
Other procedures and requirements necessary to implement this
section.

(2)
The director of job and family services may amend the rule adopted
under division (F)(1)(d) of this section to modify the percentage on
determination that the amount the general assembly appropriates for
Title IV-A programs makes the modification necessary. The rule shall
be adopted and amended as if an internal management rule and in
consultation with the director of budget and management.

Sec.
5101.214.
The
director of job and family services and the director of children and
youth may enter into a written agreement with one or more state
agencies, as defined in section 117.01 of the Revised Code, and state
universities and colleges to assist in the coordination, provision,
or enhancement of the family services duties of a county family
services agency or the workforce development activities of a local
board, as defined in section 6301.01 of the Revised Code. The
directors also may enter into written agreements or contracts with,
or issue grants to, private and government entities under which funds
are provided for the enhancement or innovation of family services
duties or workforce development activities on the state or local
level.

The
directors may adopt internal management rules in accordance with
section 111.15 of the Revised Code to implement this section.

Sec.
5101.24.
(A)
As used in this section, "responsible county grantee" means
whichever county grantee, as defined in section 5101.21 of the
Revised Code, the director of job and family services and the
director of children and youth determine is appropriate to take
action against under division (C) of this section.

(B)
Regardless of whether a family services duty is performed by a county
family services agency, private or government entity pursuant to a
contract entered into under section 307.982 of the Revised Code or
division (C)(2) of section 5153.16 of the Revised Code, or private or
government provider of a family service duty, the department of job
and family services or the department of children and youth may take
action under division (C) of this section against the responsible
county grantee if the department determines any of the following are
the case:

(1)
A requirement of a grant agreement entered into under section 5101.21
of the Revised Code that includes a grant for the family services
duty, including a requirement for grant agreements established by
rules adopted under that section, is not complied with;

(2)
A county family services agency fails to develop, submit to the
department, or comply with a corrective action plan under division
(B) of section 5101.221 of the Revised Code, or the department
disapproves the agency's corrective action plan developed under
division (B) of section 5101.221 of the Revised Code;

(3)
A requirement for the family services duty established by the
department or any of the following is not complied with: a federal or
state law, state plan for receipt of federal financial participation,
grant agreement between the department and a federal agency, or
executive order issued by the governor;

(4)
The responsible county grantee is solely or partially responsible, as
determined by the director of job and family services or the director
of children and youth, for an adverse audit finding, adverse quality
control finding, final disallowance of federal financial
participation, or other sanction or penalty regarding the family
services duty.

(C)
The department may take one or more of the following actions against
the responsible county grantee when authorized by division (B)(1),
(2), (3), or (4) of this section:

(1)
Require the responsible county grantee to comply with a corrective
action plan pursuant to a time schedule specified by the department.
The corrective action plan shall be established or approved by the
department and shall not require a county grantee to commit resources
to the plan.

(2)
Require the responsible county grantee to comply with a corrective
action plan pursuant to a time schedule specified by the department.
The corrective action plan shall be established or approved by the
department and require a county grantee to commit to the plan
existing resources identified by the agency.

(3)
Require the responsible county grantee to do one of the following:

(a)
Share with the department a final disallowance of federal financial
participation or other sanction or penalty;

(b)
Reimburse the department the final amount the department pays to the
federal government or another entity that represents the amount the
responsible county grantee is responsible for of an adverse audit
finding, adverse quality control finding, final disallowance of
federal financial participation, or other sanction or penalty issued
by the federal government, auditor of state, or other entity;

(c)
Pay the federal government or another entity the final amount that
represents the amount the responsible county grantee is responsible
for of an adverse audit finding, adverse quality control finding,
final disallowance of federal financial participation, or other
sanction or penalty issued by the federal government, auditor of
state, or other entity;

(d)
Pay the department the final amount that represents the amount the
responsible county grantee is responsible for of an adverse audit
finding or adverse quality control finding.

(4)
Impose an administrative sanction issued by the department against
the responsible county grantee. A sanction may be increased if the
department has previously taken action against the responsible entity
under this division.

(5)
Perform, or contract with a government or private entity for the
entity to perform, the family services duty until the department is
satisfied that the responsible county grantee ensures that the duty
will be performed satisfactorily. If the department performs or
contracts with an entity to perform a family services duty under
division (C)(5) of this section, the department may do either or both
of the following:

(a)
Spend funds in the county treasury appropriated by the board of
county commissioners for the duty;

(b)
Withhold funds allocated or reimbursements due to the responsible
county grantee for the duty and spend the funds for the duty.

(6)
Request that the attorney general bring mandamus proceedings to
compel the responsible county grantee to take or cease the action
that causes division (B)(1), (2), (3), or (4) of this section to
apply. The attorney general shall bring mandamus proceedings in the
Franklin county court of appeals at the department's request.

(7)
If the department takes action under this division because of
division (B)(3) of this section, temporarily withhold funds allocated
or reimbursement due to the responsible county grantee until the
department determines that the responsible county grantee is in
compliance with the requirement. The department shall release the
funds when the department determines that compliance has been
achieved.

(D)
If the department proposes to take action against the responsible
county grantee under division (C) of this section, the department
shall notify the responsible county grantee, director of the
appropriate county family services agency, and county auditor. The
notice shall be in writing and specify the action the department
proposes to take. The department shall send the notice by regular
United States mail.

Except
as provided by division (E) of this section, the responsible county
grantee may request an administrative review of a proposed action in
accordance with administrative review procedures the department shall
establish. The administrative review procedures shall comply with all
of the following:

(1)
A request for an administrative review shall state specifically all
of the following:

(a)
The proposed action specified in the notice from the department for
which the review is requested;

(b)
The reason why the responsible county grantee believes the proposed
action is inappropriate;

(c)
All facts and legal arguments that the responsible county grantee
wants the department to consider;

(d)
The name of the person who will serve as the responsible county
grantee's representative in the review.

(2)
If the department's notice specifies more than one proposed action
and the responsible county grantee does not specify all of the
proposed actions in its request pursuant to division (D)(1)(a) of
this section, the proposed actions not specified in the request shall
not be subject to administrative review and the parts of the notice
regarding those proposed actions shall be final and binding on the
responsible county grantee.

(3)
In the case of a proposed action under division (C)(1) of this
section, the responsible county grantee shall have fifteen calendar
days after the department mails the notice to the responsible county
grantee to send a written request to the department for an
administrative review. If it receives such a request within the
required time, the department shall postpone taking action under
division (C)(1) of this section for fifteen calendar days following
the day it receives the request or extended period of time provided
for in division (D)(5) of this section to allow a representative of
the department and a representative of the responsible county grantee
an informal opportunity to resolve any dispute during that
fifteen-day or extended period.

(4)
In the case of a proposed action under division (C)(2), (3), (4),
(5), or (7) of this section, the responsible county grantee shall
have thirty calendar days after the department mails the notice to
the responsible county grantee to send a written request to the
department for an administrative review. If it receives such a
request within the required time, the department shall postpone
taking action under division (C)(2), (3), (4), (5), or (7) of this
section for thirty calendar days following the day it receives the
request or extended period of time provided for in division (D)(5) of
this section to allow a representative of the department and a
representative of the responsible county grantee an informal
opportunity to resolve any dispute during that thirty-day or extended
period.

(5)
If the informal opportunity provided in division (D)(3) or (4) of
this section does not result in a written resolution to the dispute
within the fifteen- or thirty-day period, the director of job and
family services or the director of children and youth and
representative of the responsible county grantee may enter into a
written agreement extending the time period for attempting an
informal resolution of the dispute under division (D)(3) or (4) of
this section.

(6)
In the case of a proposed action under division (C)(3) of this
section, the responsible county grantee may not include in its
request disputes over a finding, final disallowance of federal
financial participation, or other sanction or penalty issued by the
federal government, auditor of state, or entity other than the
department.

(7)
If the responsible county grantee fails to request an administrative
review within the required time, the responsible county grantee loses
the right to request an administrative review of the proposed actions
specified in the notice and the notice becomes final and binding on
the responsible county grantee.

(8)
If the informal opportunity provided in division (D)(3) or (4) of
this section does not result in a written resolution to the dispute
within the time provided by division (D)(3), (4), or (5) of this
section, the director shall appoint an administrative review panel to
conduct the administrative review. The review panel shall consist of
department employees and one director or other representative of the
type of county family services agency that is responsible for the
kind of family services duty that is the subject of the dispute and
serves a different county than the county served by the responsible
county grantee. No individual involved in the department's proposal
to take action against the responsible county grantee may serve on
the review panel. The review panel shall review the responsible
county grantee's request. The review panel may require that the
department or responsible county grantee submit additional
information and schedule and conduct an informal hearing to obtain
testimony or additional evidence. A review of a proposal to take
action under division (C)(3) of this section shall be limited solely
to the issue of the amount the responsible county grantee shall share
with the department, reimburse the department, or pay to the federal
government, department, or other entity under division (C)(3) of this
section. The review panel is not required to make a stenographic
record of its hearing or other proceedings.

(9)
After finishing an administrative review, an administrative review
panel appointed under division (D)(8) of this section shall submit a
written report to the director setting forth its findings of fact,
conclusions of law, and recommendations for action. The director may
approve, modify, or disapprove the recommendations. If the director
modifies or disapproves the recommendations, the director shall state
the reasons for the modification or disapproval and the actions to be
taken against the responsible county grantee.

(10)
The director's approval, modification, or disapproval under division
(D)(9) of this section shall be final and binding on the responsible
county grantee and shall not be subject to further departmental
review.

(E)
The responsible county grantee is not entitled to an administrative
review under division (D) of this section for any of the following:

(1)
An action taken under division (C)(6) of this section;

(2)
An action taken under section 5101.242 of the Revised Code;

(3)
An action taken under division (C)(3) of this section if the federal
government, auditor of state, or entity other than the department has
identified the responsible county grantee as being solely or
partially responsible for an adverse audit finding, adverse quality
control finding, final disallowance of federal financial
participation, or other sanction or penalty;

(4)
An adjustment to an allocation, cash draw, advance, or reimbursement
to a responsible county grantee that the department determines
necessary for budgetary reasons;

(5)
Withholding of a cash draw or reimbursement due to noncompliance with
a reporting requirement established in rules adopted under section
5101.243 of the Revised Code;

(6)
An action taken under division (C)(5) of this section if the
department determines that an emergency exists.

(F)
This section does not apply to other actions the department takes
against the responsible county grantee pursuant to authority granted
by another state law unless the other state law requires the
department to take the action in accordance with this section.

(G)
The director of job and family services and children and youth may
adopt rules in accordance with Chapter 119. of the Revised Code as
necessary to implement this section.

Sec.
5101.241.
(A)
As used in this section:

(1)
"Local area" and "chief elected official" have
the same meaning as in section 5101.20 of the Revised Code.

(2)
"Responsible entity" means the chief elected officials of a
local area.

(B)
The department of job and family services may take action under
division (C) of this section against the responsible entity,
regardless of who performs the workforce development activity, if the
department determines any of the following are the case:

(1)
An entity has failed to comply with the terms and conditions of a
grant agreement executed between the department and a local area
under section 5101.20 of the Revised Code.

(2)
A performance standard for the workforce development activity
established by the federal government or the department is not met.

(3)
An entity has failed to comply with a workforce development activity
requirement established by the department, a federal or state law, a
state plan for receipt of federal financial participation, a grant
agreement between the department and a federal agency, or an
executive order.

(4)
The responsible entity is solely or partially responsible, as
determined by the director of job and family services, for an adverse
audit finding, adverse quality control finding, final disallowance of
federal financial participation, or other sanction or penalty
regarding the workforce development activity.

(C)
The department may take one or more of the following actions against
the responsible entity when authorized by division (B)(1), (2), (3),
or (4) of this section:

(1)
Require the responsible entity to submit to and comply with a
corrective action plan, established or approved by the department,
pursuant to a time schedule specified by the department;

(2)
Require the responsible entity to do one of the following:

(a)
Share with the department a final disallowance of federal financial
participation or other sanction or penalty;

(b)
Reimburse the department the amount the department pays to the
federal government or another entity that represents the amount the
responsible entity is responsible for of an adverse audit finding,
adverse quality control finding, final disallowance of federal
financial participation, or other sanction or penalty issued by the
federal government, auditor of state, or other entity;

(c)
Pay the federal government or another entity the amount that
represents the amount the responsible entity is responsible for of an
adverse audit finding, adverse quality control finding, final
disallowance of federal financial participation, or other sanction or
penalty issued by the federal government, auditor of state, or other
entity;

(d)
Pay the department the amount that represents the amount the
responsible entity is responsible for of an adverse audit finding,
adverse quality control finding, or other sanction or penalty issued
by the department.

(3)
Impose a financial or administrative sanction or adverse audit
finding issued by the department against the responsible entity,
which may be increased with each subsequent action taken against the
responsible entity;

(4)
Perform or contract with a government or private entity for the
entity to perform the workforce development activity until the
department is satisfied that the responsible entity ensures that the
activity will be performed to the department's satisfaction. If the
department performs or contracts with an entity to perform the
workforce development activity under division (C)(4) of this section,
the department may withhold funds allocated to or reimbursements due
to the responsible entity for the activity and use those funds to
implement division (C)(4) of this section.

(5)
Request the attorney general to bring mandamus proceedings to compel
the responsible entity to take or cease the actions listed in
division (B) of this section. The attorney general shall bring any
mandamus proceedings in the Franklin county court of appeals at the
department's request.

(6)
If the department takes action under this division because of
division (B)(3) of this section, withhold funds allocated or
reimbursement due to the responsible entity until the department
determines that the responsible entity is in compliance with the
requirement. The department shall release the funds when the
department determines that compliance has been achieved.

(7)
Issue a notice of intent to revoke approval of all or part of the
local plan effected that conflicts with state or federal law and
effectuate the revocation.

(D)
The department shall notify the responsible entity and the
appropriate county auditor before taking action under division (C) of
this section. The notice shall be in writing and specify the proposed
action. The department shall send the notice by regular United States
mail. Except as provided in division (E) of this section, the
responsible entity may request an administrative review of a proposed
action in accordance with administrative review procedures the
department shall establish. The administrative review procedures
shall comply with all of the following:

(1)
A request for an administrative review shall state specifically all
of the following:

(a)
The proposed action specified in the notice from the department for
which the review is requested;

(b)
The reason why the responsible entity believes the proposed action is
inappropriate;

(c)
All facts and legal arguments that the responsible entity wants the
department to consider;

(d)
The name of the person who will serve as the responsible entity's
representative in the review.

(2)
If the department's notice specifies more than one proposed action
and the responsible entity does not specify all of the proposed
actions in its request pursuant to division (D)(1)(a) of this
section, the proposed actions not specified in the request shall not
be subject to administrative review and the parts of the notice
regarding those proposed actions shall be final and binding on the
responsible entity.

(3)
The responsible entity shall have fifteen calendar days after the
department mails the notice to the responsible entity to send a
written request to the department for an administrative review. The
responsible entity and the department shall attempt to resolve
informally any dispute and may develop a written resolution to the
dispute at any time prior to submitting the written report described
in division (D)(7) of this section to the director.

(4)
In the case of a proposed action under division (C)(2) of this
section, the responsible entity may not include in its request
disputes over a finding, final disallowance of federal financial
participation, or other sanction or penalty issued by the federal
government, auditor of state, or other entity other than the
department.

(5)
If the responsible entity fails to request an administrative review
within the required time, the responsible entity loses the right to
request an administrative review of the proposed actions specified in
the notice and the notice becomes final and binding on the
responsible entity.

(6)
The director of job and family services shall appoint an
administrative review panel to conduct the administrative review. The
review panel shall consist of department employees who are not
involved in the department's proposal to take action against the
responsible entity. The review panel shall review the responsible
entity's request. The review panel may require that the department or
responsible entity submit additional information and schedule and
conduct an informal hearing to obtain testimony or additional
evidence. A review of a proposal to take action under division (C)(2)
of this section shall be limited solely to the issue of the amount
the responsible entity shall share with the department, reimburse the
department, or pay to the federal government, department, or other
entity under division (C)(2) of this section. The review panel is not
required to make a stenographic record of its hearing or other
proceedings.

(7)
After finishing an administrative review, an administrative review
panel appointed under division (D)(6) of this section shall submit a
written report to the director setting forth its findings of fact,
conclusions of law, and recommendations for action. The director may
approve, modify, or disapprove the recommendations.

(8)
The director's approval, modification, or disapproval under division
(D)(7) of this section shall be final and binding on the responsible
entity and shall not be subject to further review.

(E)
The responsible entity is not entitled to an administrative review
under division (D) of this section for any of the following:

(1)
An action taken under division (C)(5) or (6) of this section;

(2)
An action taken under section 5101.242 of the Revised Code;

(3)
An action taken under division (C)(2) of this section if the federal
government, auditor of state, or entity other than the department has
identified the responsible entity as being solely or partially
responsible for an adverse audit finding, adverse quality control
finding, final disallowance of federal financial participation, or
other sanction or penalty;

(4)
An adjustment to an allocation, cash draw, advance, or reimbursement
to the responsible entity's local area that the department determines
necessary for budgetary reasons;

(5)
Withholding of a cash draw or reimbursement due to noncompliance with
a reporting requirement established in rules adopted under section
5101.243 of the Revised Code.

(F)
This section does not apply to other actions the department takes
against the responsible entity pursuant to authority granted by
another state law unless the other state law requires the department
to take the action in accordance with this section.

(G)

The
director of job and family services may adopt rules in accordance
with Chapter 119. of the Revised Code as necessary to implement this
section.

(H)

The governor may decertify a local board for any of the following
reasons in accordance with subsection (c)(3) of section 107 of the
"Workforce Innovation and Opportunity Act," 29 U.S.C. 3122:

(1)
Fraud or abuse;

(2)
Failure to carry out the requirements of the federal "Workforce
Innovation and Opportunity Act," 29 U.S.C. 3101 et seq.;

(3)
Failure to meet local performance accountability measures for the
local area for two consecutive program years, as specified in
subsection (c)(3)(B) of section 107 of the "Workforce Innovation
and Opportunity Act," 29 U.S.C. 3122.

(I)(1)
(H)(1)

If the governor determines that there has been a substantial
violation of a specific provision of the "Workforce Innovation
and Opportunity Act," 29 U.S.C. 3101 et seq., and that
corrective action has not been taken, the governor shall take one of
the following actions:

(a)
Issue a notice of intent to revoke approval of all or part of a local
plan affected by the violation;

(b)
Impose a reorganization plan.

(2)
A reorganization plan imposed under division
(I)(1)
(H)(1)

of this section may include any of the following:

(a)
Decertifying the local board involved in the violation;

(b)
Prohibiting the use of eligible providers;

(c)
Selecting an alternate entity to administer the program for the local
area involved in the violation;

(d)
Merging the local area with one or more other local areas;

(e)
Making other changes that the governor determines to be necessary to
secure compliance with the specific provision.

An
action taken by the governor pursuant to this section may be appealed
and shall not become effective until the time for appeal has expired
or a final decision has been issued on the appeal.

Sec.
5101.244.
(A)
If the department of job and family services or the department of
children and youth determines that a grant awarded to a county
grantee in a grant agreement entered into under section 5101.21 of
the Revised Code, an allocation, advance, or reimbursement the
department makes to a county family services agency, or a cash draw a
county family services agency makes exceeds the allowable amount for
the grant, allocation, advance, reimbursement, or cash draw, the
department may take one or more of the following actions to recover
the excess amount:

(1)
The department may adjust, offset, withhold, or reduce an allocation,
cash draw, advance, reimbursement, or other financial assistance to
the county grantee or county family services agency as necessary to
recover the excess amount.

(2)
The department may enter into an agreement with the county grantee or
county family services agency for repayment of the excess amount by
the grantee or agency. The department may require that the repayment
include interest on the excess amount, calculated from the day that
the excess occurred at a rate not exceeding the rate per annum
prescribed by section 5703.47 of the Revised Code.

(3)
The department may certify a claim to the attorney general under
section 131.02 of the Revised Code for the attorney general to take
action under that section against the county grantee or county family
services agency to recover the excess amount.

(B)
In taking an action authorized under this section, the department is
not required to take the action in accordance with section 5101.24 of
the Revised Code.

(C)
The director of job and family services and the director of children
and youth may adopt rules under section 111.15 of the Revised Code as
necessary to implement this section. The directors shall adopt the
rules as if they were internal management rules.

Sec.
5101.33.
(A)
As used in this section, "benefits" means any of the
following:

(1)
Cash assistance paid under Chapter 5107. of the Revised Code;

(2)
Supplemental nutrition assistance program benefits provided under
section 5101.54 of the Revised Code;

(3)
Any other program administered by the department of job and family
services or the department of children and youth under which
assistance is provided or service rendered;

(4)
Any other program, service, or assistance administered by a person or
government entity that the department determines may be delivered
through the medium of electronic benefit transfer.

(B)
The department of job and family services or department of children
and youth may make any payment or delivery of benefits to eligible
individuals through the medium of electronic benefit transfer by
doing all of the following:

(1)
Contracting with an agent to supply debit cards to the department of
job and family services or the department of children and youth for
use by such individuals in accessing their benefits and to credit
such cards electronically with the amounts specified by the director
of job and family services or the director of children and youth
pursuant to law;

(2)
Informing such individuals about the use of the electronic benefit
transfer system and furnishing them with debit cards and information
that will enable them to access their benefits through the system;

(3)
Arranging with specific financial institutions or vendors, county
departments of job and family services, or persons or government
entities for individuals to have their cards credited electronically
with the proper amounts at their facilities;

(4)
Periodically preparing vouchers for the payment of such benefits by
electronic benefit transfer;

(5)
Satisfying any applicable requirements of federal and state law.

(C)
The department may enter into a written agreement with any person or
government entity to provide benefits administered by that person or
entity through the medium of electronic benefit transfer. A written
agreement may require the person or government entity to pay to the
department either or both of the following:

(1)
A charge that reimburses the department for all costs the department
incurs in having the benefits administered by the person or entity
provided through the electronic benefit transfer system;

(2)
A fee for having the benefits provided through the electronic benefit
transfer system.

(D)
The department may designate which counties will participate in the
medium of electronic benefit transfer, specify the date a designated
county will begin participation, and specify which benefits will be
provided through the medium of electronic benefit transfer in a
designated county.

(E)
The department of job and family services or the department of
children and youth may adopt rules in accordance with Chapter 119. of
the Revised Code for the efficient administration of this section.

Sec.
5101.35.
(A)
As used in this section:

(1)(a)
"Agency" means the following entities that administer a
family services program:

(i)
The department of job and family services;

(ii)
The department of children and youth;

(iii)
A county department of job and family services;

(iv)
A public children services agency;

(v)
A private or government entity administering, in whole or in part, a
family services program for or on behalf of the department of job and
family services, the department of children and youth, or a county
department of job and family services or public children services
agency.

(b)
If the department of medicaid contracts with the department of job
and family services to hear appeals authorized by section 5160.31 of
the Revised Code regarding medical assistance programs, "agency"
includes the department of medicaid.

(2)
"Appellant" means an applicant, participant, former
participant, recipient, or former recipient of a family services
program who is entitled by federal or state law to a hearing
regarding a decision or order of the agency that administers the
program.

(3)(a)
"Family services program" means all of the following:

(i)
A Title IV-A program as defined in section 5101.80 of the Revised
Code;

(ii)
Programs that provide assistance under Chapter 5104. of the Revised
Code;

(iii)
Programs that provide assistance under section 5101.461, 5101.54,
5119.41, 5153.163, 5153.165, or 5180.42 of the Revised Code;

(iv)
Title XX social services provided under section 5101.46 of the
Revised Code, other than such services provided by the department of
mental health and addiction services, the department of developmental
disabilities, a board of alcohol, drug addiction, and mental health
services, or a county board of developmental disabilities.

(b)
If the department of medicaid contracts with the department of job
and family services to hear appeals authorized by section 5160.31 of
the Revised Code regarding medical assistance programs, "family
services program" includes medical assistance programs.

(4)
"Medical assistance program" has the same meaning as in
section 5160.01 of the Revised Code.

(B)
Except as provided by divisions (G) and (H) of this section, an
appellant who appeals under federal or state law a decision or order
of an agency administering a family services program shall, at the
appellant's request, be granted a state hearing by the department of
job and family services or the department of children and youth, as
appropriate. This state hearing shall be conducted in accordance with
rules adopted under this section. The state hearing shall be
recorded, but neither the recording nor a transcript of the recording
shall be part of the official record of the proceeding. Except as
provided in section 5160.31 of the Revised Code, a state hearing
decision is binding upon the agency and department, unless it is
reversed or modified on appeal to the director of job and family
services, director of children and youth, or a court of common pleas.

(C)
Except as provided by division (G) of this section, an appellant who
disagrees with a state hearing decision may make an administrative
appeal to the director of job and family services or director of
children and youth in accordance with rules adopted under this
section. This administrative appeal does not require a hearing, but
the director or the director's designee shall review the state
hearing decision and previous administrative action and may affirm,
modify, remand, or reverse the state hearing decision. An
administrative appeal decision is the final decision of the
department and, except as provided in section 5160.31 of the Revised
Code, is binding upon the department and agency, unless it is
reversed or modified on appeal to the court of common pleas.

(D)
An agency shall comply with a decision issued pursuant to division
(B) or (C) of this section within the time limits established by
rules adopted under this section. If a county department of job and
family services or a public children services agency fails to comply
within these time limits, the department may take action pursuant to
section 5101.24 of the Revised Code. If another agency, other than
the department of medicaid, fails to comply within the time limits,
the department may force compliance by withholding funds due the
agency or imposing another sanction established by rules adopted
under this section.

(E)
An appellant who disagrees with an administrative appeal decision of
the director of job and family services, the director of children and
youth, or either director's designee issued under division (C) of
this section may appeal from the decision to the court of common
pleas pursuant to section 119.12 of the Revised Code. The appeal
shall be governed by section 119.12 of the Revised Code except that:

(1)
The person may apply to the court for designation as an indigent and,
if the court grants this application, the appellant shall not be
required to furnish the costs of the appeal.

(2)
The appellant shall mail the notice of appeal to the department of
job and family services or director of children and youth, as
appropriate, and file notice of appeal with the court within thirty
days after the department mails the administrative appeal decision to
the appellant. For good cause shown, the court may extend the time
for mailing and filing notice of appeal, but such time shall not
exceed six months from the date the department mails the
administrative appeal decision. Filing notice of appeal with the
court shall be the only act necessary to vest jurisdiction in the
court.

(3)
The department shall be required to file a transcript of the
testimony of the state hearing with the court only if the court
orders the department to file the transcript. The court shall make
such an order only if it finds that the department and the appellant
are unable to stipulate to the facts of the case and that the
transcript is essential to a determination of the appeal. The
department shall file the transcript not later than thirty days after
the day such an order is issued.

(F)
The department of job and family service and department of children
and youth, as applicable, shall adopt rules in accordance with
Chapter 119. of the Revised Code to implement

this section, including rules governing

the following:

(1)
State hearings under division (B) of this section. The rules shall
include provisions regarding notice of eligibility termination and
the opportunity of an appellant appealing a decision or order of a
county department of job and family services to request a county
conference with the county department before the state hearing is
held.

(2)
Administrative appeals under division (C) of this section;

(3)
Time limits for complying with a decision issued under division (B)
or (C) of this section;

(4)
Sanctions that may be applied against an agency under division (D) of
this section.

(G)
The department of job and family services and the department of
children and youth, as applicable, may adopt rules in accordance with
Chapter 119. of the Revised Code establishing an appeals process for
an appellant who appeals a decision or order regarding a Title IV-A
program identified under division (A)(4)(c), (d), (e), (f), (g), or
(h) of section 5101.80 of the Revised Code that is different from the
appeals process established by this section. The different appeals
process may include having a state agency that administers the Title
IV-A program pursuant to an interagency agreement entered into under
section 5101.801 of the Revised Code administer the appeals process.

(H)
If an appellant receiving medicaid through a health insuring
corporation that holds a certificate of authority under Chapter 1751.
of the Revised Code is appealing a denial of medicaid services based
on lack of medical necessity or other clinical issues regarding
coverage by the health insuring corporation, the person hearing the
appeal may order an independent medical review if that person
determines that a review is necessary. The review shall be performed
by a health care professional with appropriate clinical expertise in
treating the recipient's condition or disease. The department shall
pay the costs associated with the review.

A
review ordered under this division shall be part of the record of the
hearing and shall be given appropriate evidentiary consideration by
the person hearing the appeal.

(I)
The requirements of Chapter 119. of the Revised Code apply to a state
hearing or administrative appeal under this section only to the
extent, if any, specifically provided by rules adopted under this
section.

Sec.
5101.37.
(A)
The department of job and family services or the department of
children and youth and each county department of job and family
services and child support enforcement agency may conduct any audits
or investigations that are necessary in the performance of their
duties, and to that end they shall have the same power as a judge of
a county court to administer oaths and to enforce the attendance and
testimony of witnesses and the production of books or papers.

The
applicable department and each county department and agency shall
keep a record of their audits and investigations stating the time,
place, charges, or subject; witnesses summoned and examined; and
their conclusions.

Witnesses
shall be paid the fees and mileage provided for under section 119.094
of the Revised Code.

(B)
In conducting hearings pursuant to Chapters 3119., 3121., and 3123.
or pursuant to division (B) of section 5101.35 of the Revised Code,
the applicable department and each child support enforcement agency
have the same power as a judge of a county court to administer oaths
and to enforce the attendance and testimony of witnesses and the
production of books or papers. The applicable department and each
agency shall keep a record of those hearings stating the time, place,
charges, or subject; witnesses summoned and examined; and their
conclusions.

The
issuance of a subpoena by the applicable department or a child
support enforcement agency to enforce attendance and testimony of
witnesses and the production of books or papers at a hearing is
discretionary and the applicable department or agency is not required
to pay the fees of witnesses for attendance and travel.

(C)
Any judge of any division of the court of common pleas, upon
application of the applicable department or a county department or
child support enforcement agency, may compel the attendance of
witnesses, the production of books or papers, and the giving of
testimony before the applicable department, county department, or
agency, by a judgment for contempt or otherwise, in the same manner
as in cases before those courts.

(D)
Until an audit report is formally released by the applicable
department, the audit report or any working paper or other document
or record prepared by the applicable department and related to the
audit that is the subject of the audit report is not a public record
under section 149.43 of the Revised Code.

(E)
The director of job and family services or director of children and
youth may adopt rules as necessary to implement this section. The
rules shall be adopted in accordance with section 111.15 of the
Revised Code as if they were internal management rules.

Sec.
5101.46.
(A)
As used in this section:

(1)
"Title XX" means Title XX of the "Social Security
Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.

(2)
"Respective local agency" means, with respect to the
department of job and family services and the department of children
and youth, a county department of job and family services; with
respect to the department of mental health and addiction services, a
board of alcohol, drug addiction, and mental health services; and
with respect to the department of developmental disabilities, a
county board of developmental disabilities.

(3)
"Federal poverty guidelines" means the poverty guidelines
as revised annually by the United States department of health and
human services in accordance with section 673(2) of the "Omnibus
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.
9902, as amended, for a family size equal to the size of the family
of the person whose income is being determined.

(B)
The departments of job and family services, children and youth,
mental health, and developmental disabilities, with their respective
local agencies, shall administer the provision of social services
funded through grants made under Title XX. The social services
furnished with Title XX funds shall be directed at the following
goals:

(1)
Achieving or maintaining economic self-support to prevent, reduce, or
eliminate dependency;

(2)
Achieving or maintaining self-sufficiency, including reduction or
prevention of dependency;

(3)
Preventing or remedying neglect, abuse, or exploitation of children
and adults unable to protect their own interests, or preserving,
rehabilitating, or reuniting families;

(4)
Preventing or reducing inappropriate institutional care by providing
for community-based care, home-based care, or other forms of less
intensive care;

(5)
Securing referral or admission for institutional care when other
forms of care are not appropriate, or providing services to
individuals in institutions.

(C)(1)
All federal funds received under Title XX shall be appropriated as
follows:

(a)
Seventy-two and one-half per cent to the department of job and family
services and the department of children and youth;

(b)
Twelve and ninety-three one-hundredths per cent to the department of
mental health and addiction services;

(c)
Fourteen and fifty-seven one-hundredths per cent to the department of
developmental disabilities.

(2)
Each of the state departments shall, subject to the approval of the
controlling board, develop a formula for the distribution of the
Title XX funds appropriated to the department to its respective local
agencies. The formula developed by each state department shall take
into account all of the following for each of its respective local
agencies:

(a)
The total population of the area that is served by the respective
local agency;

(b)
The percentage of the population in the area served that falls below
the federal poverty guidelines;

(c)
The respective local agency's history of and ability to utilize Title
XX funds.

(3)
Each of the state departments shall expend for state administrative
costs not more than three per cent of the Title XX funds appropriated
to the department.

Each
state department shall establish for each of its respective local
agencies the maximum percentage of the Title XX funds distributed to
the respective local agency that the respective local agency may
expend for local administrative costs. The percentage shall be
established by rule and shall comply with federal law governing the
use of Title XX funds. The rules shall be adopted in accordance with
section 111.15 of the Revised Code as if they were internal
management rules.

(4)
The department of job and family services and the department of
children and youth, as applicable, shall expend for the training of
the following not more than two per cent of the Title XX funds
appropriated to the department:

(a)
Employees of county departments of job and family services;

(b)
Providers of services under contract with the state departments'
respective local agencies;

(c)
Employees of a public children services agency directly engaged in
providing Title XX services.

(5)
Title XX funds distributed for the purpose of providing family
planning services shall be distributed by the respective local
agencies according to the same order of priority that applies to the
department of job and family services under section 5101.101 of the
Revised Code.

(D)
The department of job and family services and the department of
children and youth shall prepare an annual comprehensive Title XX
social services plan on the intended use of Title XX funds. The
departments shall develop a method for obtaining public comment
during the development of the plan and following its completion.

For
each federal fiscal year, the department of job and family services
and the department of children and youth shall prepare a report on
the actual use of Title XX funds. The department shall make the
annual report available for public inspection.

The
departments of mental health and addiction services and developmental
disabilities shall prepare and submit to the department of job and
family services the portions of each annual plan and report that
apply to services for mental health and developmental disabilities.
Each respective local agency of the three state departments shall
submit information as necessary for the preparation of annual plans
and reports.

(E)
Each county department of job and family services shall adopt a
county profile for the administration and provision of Title XX
social services in the county. In developing its county profile, the
county department shall take into consideration the comments and
recommendations received from the public by the county family
services planning committee pursuant to section 329.06 of the Revised
Code. As part of its preparation of the county profile, the county
department may prepare a local needs report analyzing the need for
Title XX social services.

The
county department shall submit the county profile to the board of
county commissioners for its review. Once the county profile has been
approved by the board, the county department shall file a copy of the
county profile with the department of job and family services. The
department shall approve the county profile if the department
determines the profile provides for the Title XX social services to
meet the goals specified in division (B) of this section.

(F)
Any of the three state departments and their respective local
agencies may require that an entity under contract to provide social
services with Title XX funds submit to an audit on the basis of
alleged misuse or improper accounting of funds. If an audit is
required, the social services provider shall reimburse the state
department or respective local agency for the cost it incurred in
conducting the audit or having the audit conducted.

If
an audit demonstrates that a social services provider is responsible
for one or more adverse findings, the provider shall reimburse the
appropriate state department or its respective local agency the
amount of the adverse findings. The amount shall not be reimbursed
with Title XX funds received under this section. The three state
departments and their respective local agencies may terminate or
refuse to enter into a Title XX contract with a social services
provider if there are adverse findings in an audit that are the
responsibility of the provider.

(G)

Except
with respect to the matters for which each of the state departments
must adopt rules under division (C)(3) of this section, the
department of job and family services and the department of children
and youth may adopt any rules they consider necessary to implement
and carry out the purposes of this section.

Rules
governing

adopted
under this section that govern
financial
and operational matters of the departments or matters between the
departments and county departments of job and family services shall
be adopted as internal management rules in accordance with section
111.15 of the Revised Code. Rules
governing

adopted
under this section that govern
eligibility
for services, program participation, and other matters pertaining to
applicants and participants shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
5101.461.
(A)
As used in this section:

(1)
"Title IV-A" means Title IV-A of the "Social Security
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.

(2)
"Title XX" has the same meaning as in section 5101.46 of
the Revised Code.

(B)
To the extent authorized by federal law, the department of job and
family services or the department of children and youth may use funds
received through the Title IV-A temporary assistance for needy
families block grant for purposes of providing Title XX social
services. The amount used under this section shall not exceed the
maximum amount permitted by federal law. The funds and provision of
Title XX social services with the funds are not subject to section
5101.46 of the Revised Code.

Funds
distributed under this section for the purpose of providing family
planning services shall be distributed by a county department of job
and family services according to the same order of priority that
applies to the department of job and family services under section
5101.101 of the Revised Code.

(C)
The department and any county department of job and family services
may require an entity under contract to provide Title XX social
services with funds used under this section to submit to an audit on
the basis of alleged misuse or improper accounting of funds. If an
audit is required, the social services provider shall reimburse the
state department or county department for the cost it incurred in
conducting the audit or having the audit conducted.

If
an audit demonstrates that a social services provider is responsible
for one or more adverse findings, the provider shall reimburse the
state department or county department the amount of the adverse
findings. The amount shall not be reimbursed with funds received
under this section. The state department and county departments may
terminate or refuse to enter into a contract with a social services
provider to provide services with funds available pursuant to this
section if there are adverse findings in an audit that are the
responsibility of the provider.

(D)

The
state department of job and family services or the department of
children and youth may adopt rules to implement and carry out the
purposes of this section.

Rules
governing

adopted
under this section that govern
financial
and operational matters of the department or matters between the
department and county departments of job and family services shall be
adopted as internal management rules in accordance with section
111.15 of the Revised Code. Rules
governing

adopted
under this section that govern
eligibility
for services, program participation, and other matters pertaining to
applicants and participants shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
5101.47.
(A)
Except as provided in divisions (B) and (C) of this section, both of
the following apply to the department of job and family services:

(1)
The department shall accept applications, determine eligibility,
redetermine eligibility, and perform related administrative
activities for the supplemental nutrition assistance program
administered by the department pursuant to section 5101.54 of the
Revised Code.

The
department may assign the duties described in division (A)(1) of this
section to any county department of job and family services.

(2)
The department may accept applications, determine eligibility,
redetermine eligibility, and perform related administrative
activities for either of the following:

(a)
Programs administered by the department that the director of job and
family services determines are supportive of children, adults, or
families;

(b)
Other programs administered by the department regarding which the
director determines administrative cost savings and efficiency may be
achieved through the department accepting applications, determining
eligibility, redetermining eligibility, or performing related
administrative activities.

(B)
If federal law requires a face-to-face interview to complete an
eligibility determination for a program specified in or pursuant to
division (A) of this section, the face-to-face interview shall not be
conducted by the department of job and family services.

(C)
Subject to division (B) of this section, if the department is
required or elects to accept applications, determine eligibility,
redetermine eligibility, and perform related administrative
activities for a program specified in or pursuant to division (A) of
this section, both of the following apply:

(1)
An individual seeking services under the program may apply for the
program to the department or to the entity that state law governing
the program authorizes to accept applications for the program.

(2)
The department is subject to federal statutes and regulations and
state statutes and rules that require, permit, or prohibit an action
regarding accepting applications, determining or redetermining
eligibility, and performing related administrative activities for the
program.

(D)(1)
The department of children and youth may accept applications,
determine eligibility, redetermine eligibility, and perform related
administrative activities for publicly funded child care provided
under Chapter 5104. of the Revised Code.

(2)
If the department elects to accept applications, determine
eligibility, redetermine eligibility, and perform related
administrative activities for publicly funded child care, both of the
following apply:

(a)
An individual seeking publicly funded child care may apply to the
department or to the entity that state law governing the program
authorizes to accept applications for publicly funded child care.

(b)
The department is subject to federal statutes and regulations and
state statutes and rules that require, permit, or prohibit an action
regarding accepting applications, determining or redetermining
eligibility, and performing related administrative activities for
publicly funded childcare.

(E)
The director of job and family services and the director of children
and youth may adopt rules as necessary to implement this section.

Sec.
5101.48.
The
department of job and family services shall administer the
distribution of food commodities received under the "Agricultural
Adjustment Act," 48 Stat. 31, 7 U.S.C.A. 612c, as amended.

The director of job and family services may adopt rules in accordance
with section 111.15 of the Revised Code and issue appropriate orders
as necessary for administration of the distribution program.

Sec.
5101.49.
The
department of job and family services shall administer funds received
under the "Refugee Act of 1980," 94 Stat. 102, 8 U.S.C.A.
1521, as amended. In administering the funds, the department may
establish a refugee cash assistance program and a state legalization
impact assistance program.

The director of job and family services may adopt rules in accordance
with section 111.15 of the Revised Code and issue appropriate orders
as necessary for administration of these funds and programs.

Sec.
5101.544.
If
the benefits of a household are reduced under a federal, state, or
local means-tested public assistance program for failure of a member
of the household to perform an action required under the program, the
household may not receive, for the duration of the reduction, an
increased allotment of supplemental nutrition assistance program
benefits as the result of a decrease in the income of the household
to the extent that the decrease is the result of the reduction.

The
department of job and family services shall adopt rules in accordance
with Chapter 119. of the Revised Code to implement this section. The
rules shall be consistent with 7 U.S.C. 2017(d) and federal
regulations.

Sec.
5101.61.
(A)
The county departments of job and family services shall implement
sections 5101.60 to 5101.71 of the Revised Code.

(B)
The director of job and family services may adopt rules
in
accordance with section 111.15 of the Revised Code to carry out the
purposes of sections 5101.60 to 5101.71 of the Revised Code. The
rules adopted pursuant to this division may include a requirement

requiring

that
the county departments provide on forms prescribed by the rules a
plan of proposed expenditures, and a report of actual expenditures,
of funds necessary to implement sections 5101.60 to 5101.71 of the
Revised Code and other requirements for intake procedures,
investigations, case management, and the provision of protective
services.

Sec.
5101.71.
(A)
If it appears that an adult in need of protective services has the
financial means sufficient to pay for such services, the county
department of job and family services shall make an evaluation
regarding such means. If the evaluation establishes that the adult
has such financial means, the department shall initiate procedures
for reimbursement

pursuant to rules adopted under section 5101.61 of the Revised Code
.
If the evaluation establishes that the adult does not have such
financial means, the services shall be provided in accordance with
the policies and procedures established by the department of job and
family services for the provision of welfare assistance. An adult
shall not be required to pay for court-ordered protective services
unless the court determines that the adult is financially able to pay
and the court orders the adult to pay.

(B)
Whenever the county department of job and family services or the
county prosecutor has petitioned the court to authorize the provision
of protective services and the adult who is the subject of the
petition is indigent, the court shall appoint legal counsel.

Sec.
5101.741.
(A)
The elder abuse commission shall formulate and recommend strategies
on all of the following:

(1)
Increasing awareness of and improving education on elder abuse;

(2)
Increasing research on elder abuse;

(3)
Improving policy, funding, and programming related to elder abuse,
including estimated funding necessary to implement specific
recommendations;

(4)
Improving the judicial response to elder abuse victims;

(5)
Identifying ways to coordinate statewide efforts to address elder
abuse.

(B)
The commission shall prepare and issue a biennial report on a plan of
action that may be used by local communities to aid in the
development of efforts to combat elder abuse. The report shall
include the commission's recommendations made under division (A) of
this section.

(C)
The attorney general may adopt rules as necessary for the commission
to carry out its duties. The rules shall be adopted in accordance
with section 111.15 of the Revised Code.

Sec.
5101.801.
(A)
Except as otherwise provided by the law enacted by the general
assembly or executive order issued by the governor establishing the
Title IV-A program, a Title IV-A program identified under division
(A)(4)(c), (d), (e), (f), (g), or (h) of section 5101.80 of the
Revised Code shall provide benefits and services that are not
"assistance" as defined in 45 C.F.R. 260.31(a) and are
benefits and services that 45 C.F.R. 260.31(b) excludes from the
definition of assistance.

(B)(1)
Except as otherwise provided by the law enacted by the general
assembly or executive order issued by the governor establishing the
Title IV-A program, the department of job and family services or the
department of children and youth, as appropriate, shall do either of
the following regarding a Title IV-A program identified under
division (A)(4)(c), (d), (e), (f), (g), or (h) of section 5101.80 of
the Revised Code:

(a)
Administer the program or supervise a county family services agency's
administration of the program;

(b)
Enter into an interagency agreement with a state agency for the state
agency to administer the program under the department's supervision.

(2)
The department of job and family services and the department of
children and youth may enter into an agreement with a government
entity and, to the extent permitted by federal law, a private,
not-for-profit entity for the entity to receive funding for a project
under the Title IV-A demonstration program created under section
5101.803 of the Revised Code.

(3)
To the extent permitted by federal law, the department of children
and youth may enter into an agreement with a private, not-for-profit
entity for the entity to receive funds under the Ohio parenting and
pregnancy program created under section 5180.71 of the Revised Code.

(4)
To the extent permitted by federal law, the department of children
and youth may enter into an agreement with a private, not-for-profit
entity for the entity to receive funds as recommended by the Ohio
commission on fatherhood under section 5180.704 of the Revised Code.

(C)
The department of job and family services and the department of
children and youth, may adopt rules
governing
Title IV-A programs identified under divisions (A)(4)(c), (d), (e),
(f), (g), and (h) of section 5101.80 of the Revised Code.

Rules
governing
that
govern
financial
and operational matters of either department or between either
department and county family services agencies shall be adopted as
internal management rules adopted in accordance with section 111.15
of the Revised Code. All other rules shall be adopted in accordance
with Chapter 119. of the Revised Code.

(D)
If the department of job and family services or the department of
children and youth, enters into an agreement regarding a Title IV-A
program identified under division (A)(4)(c), (e), (f), (g), or (h) of
section 5101.80 of the Revised Code pursuant to division (B)(1)(b) or
(2) of this section, the agreement shall include at least all of the
following:

(1)
A requirement that the state agency or entity comply with the
requirements for the program or project, including all of the
following requirements established by federal statutes and
regulations, state statutes and rules, the United States office of
management and budget, and the Title IV-A state plan prepared under
section 5101.80 of the Revised Code:

(a)
Eligibility;

(b)
Reports;

(c)
Benefits and services;

(d)
Use of funds;

(e)
Appeals for applicants for, and recipients and former recipients of,
the benefits and services;

(f)
Audits.

(2)
A complete description of all of the following:

(a)
The benefits and services that the program or project is to provide;

(b)
The methods of program or project administration;

(c)
The appeals process under section 5101.35 of the Revised Code for
applicants for, and recipients and former recipients of, the program
or project's benefits and services;

(d)
Other requirements that the department of job and family services or
the department of children and youth, as applicable, requires be
included.

(3)
Procedures for the department of job and family services or the
department of children and youth, as applicable, to approve a policy,
established by rule or otherwise, that the state agency or entity
establishes for the program or project before the policy is
established;

(4)
Provisions regarding how the department of job and family services or
the department of children and youth, as applicable, is to reimburse
the state agency or entity for allowable expenditures under the
program or project that the applicable department approves, including
all of the following:

(a)
Limitations on administrative costs;

(b)
The department of job and family services or the department of
children and youth, as applicable, at its discretion, doing either of
the following:

(i)
Withholding no more than five per cent of the funds that the
department of job and family services or the department of children
and youth, as applicable, would otherwise provide to the state agency
or entity for the program or project;

(ii)
Charging the state agency or entity for the costs to the department
of job and family services or the department of children and youth,
as applicable, of performing, or contracting for the performance of,
audits and other administrative functions associated with the program
or project.

(5)
If the state agency or entity arranges by contract, grant, or other
agreement for another entity to perform a function the state agency
or entity would otherwise perform regarding the program or project,
the state agency or entity's responsibilities for both of the
following:

(a)
Ensuring that the other entity complies with the agreement between
the state agency or entity and the department of job and family
services or the department of children and youth, as applicable and
federal statutes and regulations and state statutes and rules
governing the use of funds for the program or project;

(b)
Auditing the other entity in accordance with requirements established
by the United States office of management and budget.

(6)
The state agency or entity's responsibilities regarding the prompt
payment, including any interest assessed, of any adverse audit
finding, final disallowance of federal funds, or other sanction or
penalty imposed by the federal government, auditor of state,
department of job and family services or the department of children
and youth, as applicable, a court, or other entity regarding funds
for the program or project;

(7)
Provisions for the department of job and family services or the
department of children and youth, as applicable, to terminate the
agreement or withhold reimbursement from the state agency or entity
if either of the following occur:

(a)
The federal government disapproves the program or project or reduces
federal funds for the program or project;

(b)
The state agency or entity fails to comply with the terms of the
agreement.

(8)
Provisions for both of the following:

(a)
The department of job and family services or the department of
children and youth, as applicable, and state agency or entity
determining the performance outcomes expected for the program or
project;

(b)
An evaluation of the program or project to determine its success in
achieving the performance outcomes determined under division
(D)(8)(a) of this section.

(E)
To the extent consistent with the law enacted by the general assembly
or executive order issued by the governor establishing the Title IV-A
program and subject to the approval of the director of budget and
management, the director of job and family services or the director
of children and youth, as applicable, may terminate a Title IV-A
program identified under division (A)(4)(c), (d), (e), (f), (g), or
(h) of section 5101.80 of the Revised Code or reduce funding for the
program if the applicable director determines that federal or state
funds are insufficient to fund the program. If the director of budget
and management approves the termination or reduction in funding for
such a program, the director of job and family services or the
department of children and youth, as applicable, shall issue
instructions for the termination or funding reduction. If a Title
IV-A administrative agency is administering the program, the agency
is bound by the termination or funding reduction and shall comply
with the applicable director's instructions.

(F)
The director of job and family services and the director of children
and youth may adopt internal management rules in accordance with
section 111.15 of the Revised Code as necessary to implement this
section. The rules are binding on each Title IV-A administrative
agency.

Sec.
5101.83.
(A)
As used in this section:

(1)
"Assistance group" has the same meaning as in section
5107.02 of the Revised Code, except that it also means a group
provided benefits and services under the prevention, retention, and
contingency program or the comprehensive case management and
employment program.

(2)
"Fraudulent assistance" means assistance and services,
including cash assistance, provided under the Ohio works first
program established under Chapter 5107., or benefits and services
provided under the prevention, retention, and contingency program
established under Chapter 5108. of the Revised Code or under the
comprehensive case management and employment program established
under Chapter 5116. of the Revised Code, to or on behalf of an
assistance group that is provided as a result of fraud by a member of
the assistance group, including an intentional violation of the
program's requirements. "Fraudulent assistance" does not
include assistance or services to or on behalf of an assistance group
that is provided as a result of an error that is the fault of a
county department of job and family services, the Ohio department of
job and family services, or the department of children and youth.

(B)
If a county director of job and family services determines that an
assistance group has received fraudulent assistance, the assistance
group is ineligible to participate in the Ohio works first program,
the prevention, retention, and contingency program, or the
comprehensive case management and employment program until a member
of the assistance group repays the cost of the fraudulent assistance.
If a member repays the cost of the fraudulent assistance and the
assistance group otherwise meets the eligibility requirements for the
Ohio works first program, the prevention, retention, and contingency
program, or the comprehensive case management and employment program,
the assistance group shall not be denied the opportunity to
participate in the program.

This
section does not limit the ability of a county department of job and
family services to recover erroneous payments under section 5107.76
of the Revised Code.

The
Ohio department of job and family services and the department of
children and youth shall adopt rules in accordance with Chapter 119.
of the Revised Code to implement this section.

Sec.
5101.971.
The
department of job and family services shall adopt rules in accordance
with Chapter 119. of the Revised Code to
govern
the implementation of individual development account programs under
sections 329.11 to 329.14 of the Revised Code by county departments
of job and family services, which shall include rules covering
do

both
of the following:

(A)

Imposing

Impose

a
penalty for unauthorized use of matching contributions;

(B)

Specifying

Specify

the
responsibilities of a fiduciary organization under an individual
development account program established under section 329.12 of the
Revised Code. The rules shall be consistent with section 404(h) of
the "Social Security Act" as amended by the "Personal
Responsibility and Work Opportunity Reconciliation Act of 1996,"
42 U.S.C. 604(h).

The
responsibilities of a fiduciary organization may include marketing;
soliciting matching contributions; counseling account holders;
conducting verification, compliance, and evaluation activities; and
any other responsibilities considered appropriate by the state
department.

Sec.
5103.03.
(A)
The director of children and youth shall adopt rules as necessary for
the adequate and competent management and certification of
institutions or associations. The director shall ensure that foster
care home study rules adopted under this section align any home study
content, time period, and process with any home study content, time
period, and process required by rules adopted under section 3107.033
of the Revised Code.

(B)(1)
(A)(1)

Except for facilities under the control of the department of youth
services, places of detention for children established and maintained
pursuant to sections 2152.41 to 2152.44 of the Revised Code, and
child care centers subject to Chapter 5104. of the Revised Code, the
department of children and youth shall pass upon the fitness of every
institution and association that receives, or desires to receive and
care for children, or places children in private homes, at a
frequency established
by
rules adopted under division (A) of this section
in
rule
.

(2)
When the department of children and youth is satisfied as to the care
given such children, and that the requirements of the statutes and
rules covering the management of such institutions and associations
are being complied with, it shall issue to the institution or
association a certificate to that effect. A certificate is valid for
a length of time determined
by
rules adopted under division (A) of this section
in
rule
.
When determining whether an institution or association meets a
particular requirement for certification, the department may consider
the institution or association to have met the requirement if the
institution or association shows to the department's satisfaction
that it has met a comparable requirement to be accredited by a
nationally recognized accreditation organization.

(3)
The department may issue a temporary certificate valid for less than
one year authorizing an institution or association to operate until
minimum requirements have been met.

(4)
An institution or association that knowingly makes a false statement
that is included as a part of certification under this section is
guilty of the offense of falsification under section 2921.13 of the
Revised Code and the department shall not certify that institution or
association.

(5)
The department shall not issue a certificate to a prospective foster
home or prospective specialized foster home pursuant to this section
if the prospective foster home or prospective specialized foster home
operates as a type A family child care home pursuant to Chapter 5104.
of the Revised Code. The department shall not issue a certificate to
a prospective specialized foster home if the prospective specialized
foster home operates a type B family child care home pursuant to
Chapter 5104. of the Revised Code.

(C)
(B)

The department may revoke a certificate pursuant to an adjudication
under Chapter 119. of the Revised Code if it finds that the
institution or association is in violation of law or rule. No
juvenile court shall commit a child to an association or institution
that is required to be certified under this section if its
certificate has been revoked or, if after revocation, the date of
reissue is less than fifteen months prior to the proposed commitment.

(D)
(C)

On a frequency specified by the department

by rules adopted under division (A) of this section
,
each institution or association desiring certification shall submit
to the department a report showing its condition, management,
competency to care adequately for the children who have been or may
be committed to it or to whom it provides care or services, the
system of visitation it employs for children placed in private homes,
and other information the department requires.

(E)
(D)

The department shall, not less than once each year, send a list of
certified institutions and associations to each juvenile court and
certified association or institution.

(F)
(E)

No person shall receive children or receive or solicit money on
behalf of such an institution or association not so certified or
whose certificate has been revoked.

(G)(1)
(F)(1)

The director may delegate by rule any duties imposed on it by this
section to inspect and approve family foster homes and specialized
foster homes to public children services agencies, private child
placing agencies, or private noncustodial agencies.

(2)
The director shall adopt rules that require a foster caregiver or
other individual certified to operate a foster home under this
section to notify the recommending agency that the foster caregiver
or other individual is licensed to operate a type B family child care
home under Chapter 5104. of the Revised Code.

(H)
(G)

If the director of children and youth determines that an institution
or association that cares for children is operating without a
certificate, the director may petition the court of common pleas in
the county in which the institution or association is located for an
order enjoining its operation. The court shall grant injunctive
relief upon a showing that the institution or association is
operating without a certificate.

(I)
(H)

If both of the following are the case, the director of children and
youth may petition the court of common pleas of any county in which
an institution or association that holds a certificate under this
section operates for an order, and the court may issue an order,
preventing the institution or association from receiving additional
children into its care or an order removing children from its care:

(1)
The department has evidence that the life, health, or safety of one
or more children in the care of the institution or association is at
imminent risk.

(2)
The department has issued a proposed adjudication order pursuant to
Chapter 119. of the Revised Code to revoke the certificate of the
institution or association.

Sec.
5103.035.
A
public children services agency, private child placing agency, or
private noncustodial agency acting as a recommending agency for a
foster caregiver shall develop and implement a written needs
assessment and continuing training plan for the foster caregiver in
accordance with
associated

rules

adopted under section 5103.0316 of the Revised Code
.

Sec.
5103.037.
(A)
Prior to employing or appointing a person as board president, or as
an administrator or officer, an institution or association shall do
the following regarding the person:

(1)
Request a summary report of a search of the uniform statewide
automated child welfare information system in accordance with
divisions (A) and (B) of section 5103.18 of the Revised Code;

(2)
Request a certified search of the findings for recovery database;

(3)
Conduct a database review at the federal web site known as the system
for award management;

(4)
Conduct a search of the United States department of justice national
sex offender public web site.

(B)
The institution or association may refuse to hire or appoint a person
as board president, or as an administrator or officer as follows:

(1)
Based solely on the findings of the summary report described in
division (B)(1)(a) of section 5103.18 of the Revised Code or the
results of the search described in division (A)(4) of this section;

(2)
Based on the results of a certified search or database review
described in division (A)(2) or (3) of this section, when considered
within the totality of circumstances.

(C)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section.

Sec.
5103.038.
(A)
Every other year by a date specified in rules

adopted under section 5103.0316 of the Revised Code
,
each private child placing agency and private noncustodial agency
that seeks to operate a preplacement training program or continuing
training program under section 5103.034 of the Revised Code shall
submit to the department of children and youth a proposal outlining
the program. The proposal may be the same as, a modification of, or
different from, a model design developed by the department.

(B)
Not later than thirty days after receiving a proposal under division
(A) of this section, the department shall either approve or
disapprove the proposed program. The department shall approve a
proposed preplacement training program if it complies with rules
adopted under
section
5103.0316

Chapter
119.
of
the Revised Code, as appropriate, and, in the case of a proposal
submitted by an agency operating a preplacement training program at
the time the proposal is submitted, the department is satisfied with
the agency's operation of the program. The department shall approve a
proposed continuing training program if it complies with rules
adopted under
section
5103.0316

Chapter
119.
of
the Revised Code and, in the case of a proposal submitted by an
agency operating a continuing training program at the time the
proposal is submitted, the department is satisfied with the agency's
operation of the program. If the department disapproves a proposal,
it shall provide the reason for disapproval to the agency that
submitted the proposal and advise the agency of how to revise the
proposal so that the department can approve it.

(C)
The department's approval under division (B) of this section of a
proposed preplacement training program or continuing training program
is valid only for two years following the year the proposal for the
program is submitted to the department under division (A) of this
section.

Sec.
5103.0310.
(A)
Prior to employing a person or engaging a subcontractor, intern, or
volunteer, an institution or association, as defined in division
(A)(1)(a) of section 5103.02 of the Revised Code, that is a
residential facility, as defined in division (A)(8) of section
5103.05 of the Revised Code, shall do the following regarding the
person, subcontractor, intern, or volunteer:

(1)
Obtain a search of the United States department of justice national
sex offender public web site regarding the person;

(2)
Obtain a summary report of a search of the uniform statewide
automated child welfare information system in accordance with
divisions (A) and (B) of section 5103.18 of the Revised Code.

(B)
An institution or association, as defined in division (A)(1)(a) of
section 5103.02 of the Revised Code, that is not a residential
facility, as defined in division (A)(8) of section 5103.05 of the
Revised Code, shall obtain the search and summary report described in
division (A) of this section before hiring a person, or engaging a
subcontractor, intern, or volunteer, who will have access to
children.

(C)
If, at the time of September 30, 2021, the institution or association
has not obtained a report required under division (A) or (B) of this
section for the person, subcontractor, intern, or volunteer, the
institution or association shall obtain the report.

(D)
The institution or association may refuse to employ the person or
engage the subcontractor, intern, or volunteer based solely on the
results of the search described in division (A)(1) or (B) of this
section or the findings of the summary report described in division
(B)(1)(a) of section 5103.18 of the Revised Code.

(E)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section.

Sec.
5103.0312.
A
public children services agency, private child placing agency, or
private noncustodial agency acting as a recommending agency for a
foster caregiver shall reimburse the foster caregiver in a lump sum
for attending a preplacement training program operated under section
5103.034 or 5103.30 of the Revised Code and shall reimburse the
foster caregiver a stipend for attending a continuing training
program operated under section 5103.034 or 5103.30 of the Revised
Code. The amount of the lump sum reimbursement and the stipend rate
shall be established by the department of children and youth and
shall be the same regardless of the type of recommending agency from
which the foster caregiver seeks a recommendation. The department
shall, pursuant to rules adopted under
section
5103.0316
Chapter
119.
of
the Revised Code, reimburse the recommending agency for stipend
reimbursements it makes in accordance with this section. The
department shall adopt rules under Chapter 119. of the Revised Code
regarding the release of lump sum stipends to an individual for
attending a preplacement training program.

Sec.
5103.0316.
The
department of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code
as
necessary for the efficient administration of sections 5103.031 to
5103.0316 of the Revised Code. The rules shall
that

provide
for all of the following:

(A)
For the purpose of section 5103.038 of the Revised Code, the date by
which a private child placing agency or private noncustodial agency
that seeks to operate a preplacement training program or continuing
training program under section 5103.034 of the Revised Code must
submit to the department a proposal outlining the program;

(B)
Requirements governing the department's compensation of private child
placing agencies and private noncustodial agencies under sections
5103.0312 and 5103.0313 of the Revised Code, including the allowance
to reimburse the agencies for the cost of providing the training
under sections 5103.031, 5103.032, and 5103.033 of the Revised Code;

(C)
Requirements governing the continuing training required by sections
5103.032 and 5103.033 of the Revised Code;

(D)
The amount of training hours necessary for preplacement training and
continuing training for purposes of sections 5103.031, 5103.032, and
5103.033 of the Revised Code;

(E)
Courses necessary to meet the preplacement and continuing training
requirements for foster homes under sections 5103.031, 5103.032, and
5103.033 of the Revised Code;

(F)
Criteria used to create a written needs assessment and continuing
training plan for each foster caregiver as required by section
5103.035 of the Revised Code;

(G)
The amount of preplacement and continuing training hours that may be
completed online
;

(H)
Any other matter the department considers appropriate
.

Sec.
5103.0323.
(A)
As used in this section, "American institute of certified public
accountants auditing standards" and "AICPA auditing
standards" mean the auditing standards published by the American
institute of certified public accountants.

(B)
Not later than two years after the date of certification, and at
least every two years thereafter, a private child placing agency or
private noncustodial agency shall provide the department of children
and youth evidence of an independent financial statement audit
performed by a licensed public accounting firm following applicable
AICPA auditing standards for the two most recent fiscal years.

(C)
The independent audits must demonstrate that the agency operated in a
fiscally accountable manner as determined by the department of
children and youth.

(D)
The director of children and youth may adopt rules
as
necessary to implement this section. The director shall adopt the
rules
in
accordance with section 119.03 of the Revised Code

regarding the independent financial statement audits required under
this section
.

Sec.
5103.0329.
A
recommending agency may submit a request to the department of
children and youth, on a case-by-case basis only, to waive any
non-safety standards for a kinship caregiver seeking foster home
certification. Non-safety standards include training hours and other
requirements under sections 5103.031 and 5103.032 of the Revised Code
and standards established by rules
adopted
under sections 5103.03 and 5103.0316 of the Revised Code,
in
accordance with 42 U.S.C. 671 (a)(10).

Sec.
5103.05.
(A)
As used in sections 5103.05 to 5103.0513 of the Revised Code:

(1)
"Children's residential center" means a facility that is
operated by a private child placing agency, private noncustodial
agency, or public children services agency, that has been certified
by the department of children and youth to operate a children's
residential center, and in which eleven or more children, including
the children of any staff residing at the facility, are given
nonsecure care and supervision twenty-four hours a day.

(2)
"Children's crisis care facility" has the same meaning as
in section 5103.13 of the Revised Code.

(3)
"County children's home" means a facility established under
section 5153.21 of the Revised Code.

(4)
"District children's home" means a facility established
under section 5153.42 of the Revised Code.

(5)
"First responder" means an EMT, EMT-basic, AEMT, EMT-I,
paramedic, firefighter, or volunteer firefighter.

(6)
"Group home for children" means any public or private
facility that is operated by a private child placing agency, private
noncustodial agency, or public children services agency, that has
been certified by the department to operate a group home for
children, and that meets all of the following criteria:

(a)
Gives, for compensation, a maximum of ten children, including the
children of the operator or any staff who reside in the facility,
nonsecure care and supervision twenty-four hours a day by a person or
persons who are unrelated to the children by blood or marriage, or
who is not the appointed guardian of any of the children;

(b)
Is not certified as a foster home;

(c)
Receives or cares for children for two or more consecutive weeks.

"Group
home for children" does not include any facility that provides
care for children from only a single-family group, placed at the
facility by the children's parents or other relative having custody.

(7)
"Law enforcement officer" means a sheriff, deputy sheriff,
constable, police officer of a township or joint police district,
marshal, deputy marshal, municipal police officer, or state highway
patrol trooper.

(8)
"Residential facility" means a group home for children,
children's crisis care facility, children's residential center,
residential parenting facility that provides twenty-four-hour child
care, county children's home, or district children's home. A foster
home is not a residential facility.

(9)
"Residential parenting facility" means a facility operated
by a private child placing agency, private noncustodial agency, or
public children services agency, that has been certified by the
department to operate a residential parenting facility, in which
teenage mothers and their children reside for the purpose of keeping
mother and child together, teaching parenting and life skills to the
mother, and assisting teenage mothers in obtaining educational or
vocational training and skills.

(10)
"Nonsecure care and supervision" means care and supervision
of a child in a residential facility that does not confine or prevent
movement of the child within the facility or from the facility.

(11)
"Volunteer firefighter" has the same meaning as in section
146.01 of the Revised Code.

(B)
In its application for a certificate, the operator of a residential
facility shall demonstrate, to the satisfaction of the department of
children and youth, that the proposed residential facility meets all
applicable local planning and zoning requirements. A residential
facility shall maintain compliance with all applicable local planning
and zoning requirements in order for the facility's certificate to
remain in good standing.

(C)
Prior to the commencement of operations of a residential facility,
the operator of the facility shall provide to the board of township
trustees or the legislative authority of the municipal corporation
wherein the facility will be located notification that the facility
will be in operation.

(D)
Divisions (B) and (C) of this section shall apply only to a
residential facility that is operated by a public children services
agency, private noncustodial agency, private child placing agency, or
superintendent of a county or district children's home for the
placement of foster children.

(E)
Within ten days after the commencement of operations at a residential
facility, the facility shall provide the following to all county,
municipal, or township law enforcement agencies, emergency management
agencies, and fire departments with jurisdiction over the facility:

(1)
Written notice that the facility is located and will be operating in
the agency's or department's jurisdiction. The written notice shall
provide the address of the facility, identify the facility as a group
home for children, children's crisis care facility, children's
residential center, residential parenting facility, county children's
home, or district children's home, and provide contact information
for the facility.

(2)
A copy of the facility's procedures for emergencies and disasters
established pursuant to rules

adopted under section 5103.03 of the Revised Code
;

(3)
A copy of the facility's medical emergency plan established pursuant
to rules

adopted under section 5103.03 of the Revised Code
;

(4)
A copy of the facility's community engagement plan established
pursuant to rules adopted under section 5103.051 of the Revised Code.

(F)
Within ten days of any change to the facility's information described
in divisions (E)(2), (3), and (4) of this section, the facility shall
provide to all county, municipal, or township law enforcement
agencies, emergency management agencies, and fire departments with
jurisdiction over the facility updated copies of the information
required to be provided under divisions (E)(2), (3), and (4) of this
section.

(G)
A residential facility that is operated by a public children services
agency, private noncustodial agency, private child placing agency, or
superintendent of a county or district children's home for the
placement of foster children also shall provide the information
described in divisions (E) and (F) of this section to the board of
township trustees or the legislative authority of the municipal
corporation wherein the facility will be located.

(H)
The department may adopt rules in accordance with Chapter 119. of the
Revised Code necessary to implement this section.

Sec.
5103.053.
(A)
The appointing or hiring officer of a residential facility that
appoints or employs any person in the residential facility shall
request the superintendent of BCII to conduct a criminal records
check with respect to any person who is under final consideration for
appointment or employment in the residential facility. The request
shall be made at the time of initial application for appointment or
employment and every four years thereafter.

(B)(1)
When the appointing or hiring officer requests, at the time of
initial application for appointment or employment, a criminal records
check for a person subject to division (A) of this section, the
officer shall request that the superintendent of BCII obtain
information from the federal bureau of investigation as part of the
criminal records check, including fingerprint-based checks of
national crime information databases as described in 42 U.S.C. 671,
for the person subject to the criminal records check. In all other
cases in which the appointing or hiring officer requests a criminal
records check for a person pursuant to division (A) of this section,
the officer may request that the superintendent of BCII obtain
information from the federal bureau of investigation as part of the
criminal records check, including fingerprint-based checks of
national crime information databases as described in 42 U.S.C. 671,
for the person subject to the criminal records check.

(2)
An appointing or hiring officer required by division (A) of this
section to request a criminal records check shall provide to each
person subject to a criminal records check a copy of the form
prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code and a standard impression sheet to obtain fingerprint
impressions prescribed pursuant to division (C)(2) of section 109.572
of the Revised Code, obtain the completed form and impression sheet
from the person, and forward the completed form and impression sheet
to the superintendent of BCII at the time the criminal records check
is requested.

(3)
Any person subject to a criminal records check who receives pursuant
to division (B)(2) of this section a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a copy of an impression sheet prescribed pursuant to division
(C)(2) of that section and who is requested to complete the form and
provide a set of fingerprint impressions shall complete the form or
provide all the information necessary to complete the form and shall
provide the impression sheet with the impressions of the person's
fingerprints. If a person subject to a criminal records check, upon
request, fails to provide the information necessary to complete the
form or fails to provide impressions of the person's fingerprints,
the appointing or hiring officer shall not appoint or employ the
person in the residential facility.

(C)(1)
No appointing or hiring officer shall appoint or employ a person in
the residential facility if the person previously has been convicted
of or pleaded guilty to any of the violations described in division
(A)(4) of section 109.572 of the Revised Code, unless the person
meets rehabilitation standards established in rules adopted under
division (F) of this section.

(2)
If the federal government approves a waiver requested by the director
of children and youth to allow conditional appointment or employment
in a residential facility, an appointing or hiring officer may
appoint or employ conditionally a person before obtaining the results
of a criminal records check regarding the person, provided that the
officer shall request a criminal records check regarding the person
under division (A) of this section before the commencement of the
conditional appointment or employment and the person has no direct
contact with or access to children during the period of conditional
appointment or employment.

(3)
An appointing or hiring officer that appoints or employs a person
conditionally under division (C)(2) of this section shall terminate
the person's appointment or employment if the results of the criminal
records check requested under division (A) of this section, other
than the results of any request for information from the federal
bureau of investigation, are not obtained within the period ending
sixty days after the date the request is made. Regardless of when the
results of the criminal records check are obtained, if the results
indicate that the person has been convicted of or pleaded guilty to
any of the violations described in division (A)(4) of section 109.572
of the Revised Code, the officer shall terminate the person's
appointment or employment unless the person meets rehabilitation
standards established in rules adopted under division (F) of this
section. Termination under this division shall be considered just
cause for discharge for purposes of division (D)(2) of section
4141.29 of the Revised Code if the person makes any attempt to
deceive the appointing or hiring officer about the person's criminal
record.

(D)
The appointing or hiring officer shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section upon
a request pursuant to division (A) of this section. The officer may
charge the person subject to the criminal records check a fee for the
costs the officer incurs in obtaining the criminal records check. A
fee charged under this division shall not exceed the amount of fees
the officer pays for the criminal records check. If a fee is charged
under this division, the officer shall notify the person who is the
applicant at the time of the person's initial application for
appointment or employment of the amount of the fee and that, unless
the fee is paid, the person who is the applicant will not be
considered for appointment or employment.

(E)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request made under
division (A) of this section is not a public record for the purposes
of section 149.43 of the Revised Code and shall not be made available
to any person other than the following:

(1)
The person who is the subject of the criminal records check or the
person's representative;

(2)
The appointing or hiring officer requesting the criminal records
check or the officer's representative;

(3)
The department of children and youth, a county department of job and
family services, or a public children services agency;

(4)
Any court, hearing officer, or other necessary individual involved in
a case dealing with the denial of employment.

(F)
Not later than ninety days after
the
effective date of this section
April
3, 2025
,
the director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code
to
implement this section. The rules shall include
regarding
the
rehabilitation
standards a person who has been convicted of or pleaded guilty to an
offense listed in division (A)(4) of section 109.572 of the Revised
Code must meet for an appointing or hiring officer to appoint or
employ the person in the residential facility and, to the extent
permitted under federal law, guidelines regarding conditional
appointment or employment during the pendency of a criminal records
check.

(G)
An appointing or hiring officer required by division (A) of this
section to request a criminal records check shall inform each person
who is the applicant, at the time of the person's initial application
for appointment or employment that the person subject to the criminal
records check is required to provide a set of impressions of the
person's fingerprints and that a criminal records check is required
to be conducted and satisfactorily completed in accordance with
section 109.572 of the Revised Code.

(H)
As used in this section:

(1)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(2)
"Person subject to a criminal records check" means a person
who is under final consideration for appointment or employment in the
residential facility;

(3)
"Superintendent of BCII" means the superintendent of the
bureau of criminal identification and investigation.

Sec.
5103.07.
The
department of children and youth shall administer funds received
under Title IV-B of the "Social Security Act," 81 Stat. 821
(1967), 42 U.S.C.A. 620, as amended, and the "Child Abuse
Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C.A.
5101, as amended. In administering these funds, the department may
establish a child welfare services program and a child abuse and
neglect prevention and adoption reform program. The department has
all powers necessary
,
except for the adoption of rules,

for the adequate administration of these funds and programs.

The director of children and youth may adopt rules as necessary to
carry out the purposes of this section.

Sec.
5103.18.
(A)(1)
Prior to certification as a foster home under section 5103.03 of the
Revised Code, a recommending agency shall obtain a summary report of
a search of the uniform statewide automated child welfare information
system, established under section 5180.40 of the Revised Code, from
an entity listed in section 5180.402 of the Revised Code.

(2)
Whenever a prospective foster parent or any other person eighteen
years of age or older who resides with a prospective foster parent
has resided in another state within the five-year period immediately
prior to the date on which a criminal records check is requested for
the person under division (A) of section 2151.86 of the Revised Code,
the recommending agency shall request a check of the central registry
of abuse and neglect of this state from the department of children
and youth regarding the prospective foster parent or the person
eighteen years of age or older who resides with the prospective
foster parent to enable the agency to check any child abuse and
neglect registry maintained by that other state. The recommending
agency shall make the request and shall review the results of the
check before the prospective foster parent may be finally approved
for placement of a child. Information received pursuant to such a
request shall be considered for purposes of this chapter as if it
were a summary report required under division (A) of this section.
The department of children and youth shall comply with any request to
check the central registry that is similar to the request described
in this division and that is received from any other state.

(B)(1)
The summary report required under division (A) of this section shall
contain, if applicable, a chronological list of abuse and neglect
determinations or allegations of which a person seeking to become a
foster caregiver of a child is subject and in regards to which a
public children services agency has done one of the following:

(a)
Determined that abuse or neglect occurred;

(b)
Initiated an investigation, and the investigation is ongoing;

(c)
Initiated an investigation, and the agency was unable to determine
whether abuse or neglect occurred.

(2)
The summary report required under division (A) of this section shall
not contain any of the following:

(a)
An abuse and neglect determination of which a person seeking to
become a foster caregiver of a child is subject and in regards to
which a public children services agency determined that abuse or
neglect did not occur;

(b)
Information or reports the dissemination of which is prohibited by,
or interferes with eligibility under, the "Child Abuse
Prevention and Treatment Act," 88 Stat. 4 (1974), 42 U.S.C. 5101
et seq., as amended;

(c)
The name of the person who or entity that made, or participated in
the making of, the report of abuse or neglect.

(C)(1)
A foster home certification may be denied based on a summary report
containing the information described under division (B)(1)(a) of this
section, when considered within the totality of the circumstances.

(2)
A foster home certification shall not be denied solely based on a
summary report containing the information described under division
(B)(1)(b) or (c) of this section.

(D)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section.

Sec.
5103.181.
(A)

Prior to certification of a foster home under section 5103.03 of the
Revised Code, a recommending agency shall conduct a search of the
United States department of justice national sex offender public web
site regarding the prospective or current foster caregiver and all
persons eighteen years of age or older who reside with the
prospective or current foster caregiver. Certification may be denied
based solely on the results of the search.

(B)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary for the
implementation and execution of this section.

Sec.
5104.013.
(A)(1)
As used in this section:

(a)
"Applicant" means either of the following:

(i)
A person who is under final consideration for appointment to or
employment in a position with a licensed preschool program or
licensed school child program that provides publicly funded child
care, authorized private before and after school care program, child
care center, type A family child care home, licensed type B family
child care home, or child day camp;

(ii)
A person who would serve in any position with a licensed preschool
program or licensed school child program that provides publicly
funded child care, authorized private before and after school care
program, child care center, type A family child care home, licensed
type B family child care home, or child day camp pursuant to a
contract with another entity.

(b)
"Authorized private before and after school care program"
has the same meaning as in section 3301.52 of the Revised Code.

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

(2)
Regarding an authorized private before and after school care program
only, "director" means an individual who is responsible for
ensuring compliance with this section and any rules adopted under it.

(B)(1)
At the times specified in division (B)(2)(a) of this section, the
director of children and youth shall request the superintendent of
the bureau of criminal identification and investigation to conduct a
criminal records check for each of the following persons:

(a)
Any owner or licensee of a child care center;

(b)
Any owner or licensee of a type A family child care home or licensed
type B family child care home and any person eighteen years of age or
older who resides in the home;

(c)
Any owner of an approved child day camp;

(d)
Any director of a licensed preschool program or licensed school child
program that provides publicly funded child care;

(e)
Any owner or director of an authorized private before and after
school care program;

(f)
Any in-home aide;

(g)
Any applicant or employee, including an administrator, of a child
care center, type A family child care home, licensed type B family
child care home, approved child day camp, licensed preschool program
or licensed school child program that provides publicly funded child
care, or authorized private before and after school care program.

(2)(a)
The director shall request a criminal records check at the following
times:

(i)
In the case of an owner or licensee of child care center or an owner
or licensee of a type A family child care home or licensed type B
family child care home or a resident of such a home, at the time of
initial application for licensure and every five years thereafter;

(ii)
In the case of an owner of an approved child day camp, at the time of
initial application for approval and every five years thereafter;

(iii)
In the case of a director of a licensed child care program or
licensed school child program, at the time of initial application to
provide publicly funded child care and every five years thereafter;

(iv)
In the case of an owner or director of an authorized private before
and after school care program, at the time of initial application for
licensure and every five years thereafter;

(v)
In the case of an in-home aide, at the time of initial application
for certification and every five years thereafter;

(vi)
Except as provided in division (B)(2)(a)(vii) of this section, in the
case of an applicant or employee, at the time of initial application
for employment and every five years thereafter;

(vii)
In the case of an applicant who has been determined eligible for
employment after a review of a criminal records check within the past
five years and who has been employed by a licensed preschool program
or licensed school child program that provides publicly funded child
care, authorized private before and after school care program, child
care center, type A family child care home, licensed type B family
child care home, or approved child day camp within the past one
hundred eighty consecutive days, every five years after the date of
the initial determination.

(b)
A criminal records check requested at the time of initial application
shall include a request that the superintendent of the bureau of
criminal identification and investigation obtain information from the
federal bureau of investigation as part of the criminal records check
for the person, including fingerprint-based checks of national crime
information databases as described in 42 U.S.C. 671 for the person
subject to the criminal records check.

(c)
A criminal records check requested at any time other than the time of
initial application may include a request that the superintendent of
the bureau of criminal identification and investigation obtain
information from the federal bureau of investigation as part of the
criminal records check for the person, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 for the person subject to the criminal records check.

(3)
With respect to a criminal records check requested for a person
described in division (B)(1) of this section, the director of
children and youth shall do all of the following:

(a)
Provide to the person a copy of the form prescribed pursuant to
division (C)(1) of section 109.572 of the Revised Code and a standard
impression sheet to obtain fingerprint impressions prescribed
pursuant to division (C)(2) of that section;

(b)
Obtain the completed form and impression sheet from the person;

(c)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation;

(d)
Review the results of the criminal records check.

(4)
A person who receives from the director a copy of the form and
standard impression sheet and who is requested to complete the form
and provide a set of fingerprint impressions shall complete the form
or provide all of the information necessary to complete the form and
shall provide the impression sheet with the impressions of the
person's fingerprints. If the person, upon request, fails to provide
the information necessary to complete the form or fails to provide
impressions of the person's fingerprints, the director of children
and youth or a county director of job and family services may
consider the failure a reason to deny licensure, approval, or
certification or to determine an employee ineligible for employment.

(5)
Except as provided in rules adopted under division
(F)
(G)

of this section:

(a)
The director of children and youth shall refuse to issue a license to
or approve a center, type A home, type B home, child day camp,
preschool program, school child program, or authorized private before
and after school care program, and shall revoke a license or
approval, and a county director of job and family services shall not
certify an in-home aide and shall revoke a certification, if a person
for whom a criminal records check was required under divisions
(B)(1)(a) to (B)(1)(f) of this section has been convicted of or
pleaded guilty to any of the violations described in division (A)(5)
of section 109.572 of the Revised Code.

(b)
The director of children and youth shall not issue a license to a
type A home or type B home if a resident of the type A home or type B
home is under eighteen years of age and has been adjudicated a
delinquent child for committing either a violation of any section
listed in division (A)(5) of section 109.572 of the Revised Code or
an offense of another state or the United States that is
substantially equivalent to an offense listed in division (A)(5) of
section 109.572 of the Revised Code.

(c)
The director shall determine an applicant or employee ineligible for
employment if the person has been convicted of or pleaded guilty to
any of the violations described in division (A)(5) of section 109.572
of the Revised Code.

(6)
Each child care center, type A home, type B home, approved child day
camp, licensed child care program, licensed school child program,
authorized private before and after school care program, and in-home
aide shall pay to the bureau of criminal identification and
investigation the fee prescribed pursuant to division (C)(3) of
section 109.572 of the Revised Code for each criminal records check
conducted in accordance with that section upon a request made
pursuant to division (B) of this section.

A
center, home, camp, preschool program, school child program, or
authorized private before and after school care program may charge an
applicant a fee for the costs it incurs in obtaining a criminal
records check under this section. A fee charged under this division
shall not exceed the amount the center, home, camp, or program pays
under this section. If a fee is charged, the center, home, camp, or
program shall notify the applicant at the time of the applicant's
initial application for employment of the amount of the fee and that,
unless the fee is paid, the center, home, camp, or program will not
consider the applicant for employment.

(7)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request made under
division (B) of this section is confidential and not a public record
for the purposes of section 149.43 of the Revised Code. The report
shall not be made available to any person other than the person who
is the subject of the criminal records check or the person's
representative, the director of children and youth, the director of a
county department of job and family services, and any court, hearing
officer, or other necessary individual involved in a case dealing
with a denial or revocation of licensure, approval, or certification
related to the criminal records check.

(C)(1)
At the times specified in division (C)(2) of this section, the
director of children and youth shall search the uniform statewide
automated child welfare information system for information concerning
any abuse or neglect report made pursuant to section 2151.421 of the
Revised Code of which any of the following persons is a subject:

(a)
Any owner or licensee of a child care center;

(b)
Any owner or licensee of a type A family child care home or licensed
type B family child care home and any person eighteen years of age or
older who resides in the home;

(c)
Any owner of an approved child day camp;

(d)
Any director of a licensed preschool program or licensed school child
program that provides publicly funded child care;

(e)
Any owner or director of an authorized private before and after
school care program;

(f)
Any in-home aide;

(g)
Any applicant or employee, including an administrator, of a child
care center, type A family child care home, licensed type B family
child care home, approved child day camp, licensed preschool program
or licensed school child program that provides publicly funded child
care, or authorized private before and after school care program.

(2)
The director shall search the information system at the following
times:

(a)
In the case of an owner or licensee of child care center or an owner
or licensee of a type A family child care home or licensed type B
family child care home or a resident of such a home, at the time of
initial application for licensure and every five years thereafter;

(b)
In the case of an owner of an approved child day camp, at the time of
initial application for approval and every five years thereafter;

(c)
In the case of a director of a licensed child care program or
licensed school child program, at the time of initial application to
provide publicly funded child care and every five years thereafter;

(d)
In the case of an owner or director of an authorized private before
and after school care program, at the time of initial application for
licensure and every five years thereafter;

(e)
In the case of an in-home aide, at the time of initial application
for certification and every five years thereafter;

(f)
Except as provided in division (C)(2)(g) of this section, in the case
of an applicant or employee, at the time of initial application for
employment and every five years thereafter;

(g)
In the case of an applicant who has been determined eligible for
employment after a search of the uniform statewide automated child
welfare information system within the past five years and who has
been employed by a licensed preschool program or licensed school
child program that provides publicly funded child care, authorized
private before and after school care program, child care center, type
A family child care home, licensed type B family child care home, or
approved child day camp within the past one hundred eighty
consecutive days, every five years after the date of the initial
determination.

(3)
The director shall consider any information discovered pursuant to
division (C)(1) of this section or that is provided by a public
children services agency pursuant to section 5153.175 of the Revised
Code. If the director determines that the information, when viewed
within the totality of the circumstances, reasonably leads to the
conclusion that the person may directly or indirectly endanger the
health, safety, or welfare of children, the director of children and
youth or county director of job and family services shall do any of
the following:

(a)
Refuse to issue a license to or approve a center, type A home, type B
home, child day camp, preschool program, school child program, or
authorized private before and after school care program;

(b)
Revoke a license or approval;

(c)
Refuse to certify an in-home aide or revoke a certification;

(d)
Determine an applicant or employee ineligible for employment with the
center, type A home, licensed type B home, child day camp, preschool
program, school child program, or authorized private before and after
school care program.

(4)
Any information obtained under division (C) of this section is
confidential and not a public record for the purposes of section
149.43 of the Revised Code. The information shall not be made
available to any person other than the person who is the subject of
the search or the person's representative, the director of children
and youth, the director of a county department of job and family
services, and any court, hearing officer, or other necessary
individual involved in a case dealing with a denial or revocation of
licensure, approval, or certification related to the search.

(D)(1)
At the times specified in division (D)(2) of this section, the
director of children and youth shall inspect the state registry of
sex offenders and child-victim offenders established under section
2950.13 of the Revised Code and the national sex offender registry as
described in 42 U.S.C. 16901 to determine if any of the following
persons is registered or required to be registered as an offender:

(a)
Any owner or licensee of a child care center;

(b)
Any owner or licensee of a type A family child care home or licensed
type B family child care home and any person eighteen years of age or
older who resides in the home;

(c)
Any owner of an approved child day camp;

(d)
Any director of a licensed preschool program or licensed school child
program that provides publicly funded child care;

(e)
Any owner or director of an authorized private before and after
school care program;

(f)
Any in-home aide;

(g)
Any applicant or employee, including an administrator, of a child
care center, type A family child care home, licensed type B family
child care home, approved child day camp, licensed preschool program
or licensed school child program that provides publicly funded child
care, or authorized private before and after school care program.

(2)
The director shall inspect each registry at the following times:

(a)
In the case of an owner or licensee of child care center or an owner
or licensee of a type A family child care home or type B family child
care home or a resident of such a home, at the time of initial
application for licensure and every five years thereafter;

(b)
In the case of an owner of an approved child day camp, at the time of
initial application for approval and every five years thereafter;

(c)
In the case of a director of a licensed child care program or
licensed school child program, at the time of initial application to
provide publicly funded child care;

(d)
In the case of an owner or director of an authorized private before
and after school care program, at the time of initial application for
licensure and every five years thereafter;

(e)
In the case of an in-home aide, at the time of initial application
for certification and every five years thereafter;

(f)
Except as provided in division (D)(2)(g) of this section, in the case
of an applicant or employee, at the time of initial application for
employment and every five years thereafter;

(g)
In the case of an applicant who has been determined eligible for
employment after an inspection of the state registry of sex offenders
and child-victim offenders established under section 2950.13 of the
Revised Code and the national sex offender registry as described in
42 U.S.C. 16901 within the past five years and who has been employed
by a licensed preschool program or licensed school child program that
provides publicly funded child care, authorized private before and
after school care program, child care center, type A family child
care home, licensed type B family child care home, or approved child
day camp within the past one hundred eighty consecutive days, every
five years after the date of the initial determination.

(3)
If the director determines that the person is registered or required
to be registered on either registry, the director of children and
youth or county director of job and family services shall do any of
the following:

(a)
Refuse to issue a license to or approve a center, type A home, type B
home, child day camp, preschool program, school child program, or
authorized private before and after school care program;

(b)
Revoke a license or approval;

(c)
Refuse to certify an in-home aide or revoke a certification;

(d)
Determine an applicant or employee ineligible for employment with the
center, type A home, licensed type B home, child day camp, preschool
program, school child program, or authorized private before and after
school care program.

(4)
Any information obtained under division (D) of this section is
confidential and not a public record for the purposes of section
149.43 of the Revised Code. The information shall not be made
available to any person other than the person who is the subject of
the inspection or the person's representative, the director of
children and youth, the director of a county department of job and
family services, and any court, hearing officer, or other necessary
individual involved in a case dealing with a denial or revocation of
licensure, approval, or certification related to the search.

(E)
Whenever the director of children and youth determines a person
ineligible for employment under division (B), (C), or (D) of this
section, the director shall as soon as practicable notify the
following of that determination: the licensed preschool program or
licensed school child program that provides publicly funded child
care, authorized private before and after school care program, child
care center, type A family child care home, licensed type B family
child care home, or approved child day camp that is considering the
person for appointment or employment. A licensed preschool program or
licensed school child program that provides publicly funded child
care, authorized private before and after school care program, child
care center, type A family child care home, licensed type B family
child care home, or approved child day camp shall not employ a person
who is determined under this section to be ineligible for employment.

(F)(1)
An administrator of a child day camp, other than an approved child
day camp shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records check
for any applicant or employee, including an administrator, of the
child day camp. The request shall be made at the time of initial
application for employment and every five years thereafter.

(2)
A criminal records check requested at the time of initial application
shall include a request that the superintendent of the bureau of
criminal identification and investigation obtain information from the
federal bureau of investigation as part of the criminal records check
for the person, including fingerprint-based checks of national crime
information databases as described in 42 U.S.C. 671 for the person
subject to the criminal records check.

(3)
A criminal records check requested at any time other than the time of
initial application may include a request that the superintendent of
the bureau of criminal identification and investigation obtain
information from the federal bureau of investigation as part of the
criminal records check for the person, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 for the person subject to the criminal records check.

(4)
With respect to a criminal records check requested under division (F)
of this section, the administrator shall do all of the following:

(a)
Provide to the applicant or employee a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of that section;

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

(c)
Forward the completed form and impression sheet to the superintendent
of the bureau of criminal identification and investigation;

(d)
Review the results of the criminal records check.

(5)
An applicant or employee who receives from the administrator a copy
of the form and standard impression sheet and who is requested to
complete the form and provide a set of fingerprint impressions shall
complete the form or provide all of the information necessary to
complete the form and shall provide the impression sheet with the
impressions of the person's fingerprints. If the applicant or
employee, upon request, fails to provide the information necessary to
complete the form or fails to provide impressions of the person's
fingerprints, the administrator may consider the failure a reason to
determine an applicant or employee ineligible for employment.

(6)
A child day camp, other than an approved child day camp, may employ
an applicant or continue to employ an employee until the criminal
records check required by this section is completed and the camp
receives the results of the check. Until the administrator has
reviewed the results of the criminal records check and determines
that the applicant or employee is eligible for employment, the camp
shall not grant the applicant or employee sole responsibility for the
care, custody, or control of a child. If the results indicate that
the applicant or employee is ineligible for employment, the camp
shall immediately release the applicant or employee from employment.

(7)
Except as provided in rules adopted under this section, the
administrator shall determine an applicant or employee ineligible for
employment if the person has been convicted of or pleaded guilty to
any of the violations described in division (A)(5) of section 109.572
of the Revised Code. If the applicant or employee is determined
ineligible, the child day camp shall not employ the applicant or
employee or contract with another entity for the services of the
applicant or employee.

(8)
Each child day camp shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section upon
a request made pursuant to division (F) of this section. A camp may
charge an applicant or employee a fee for the costs it incurs in
obtaining a criminal records check under division (F) of this
section. A fee charged under this division shall not exceed the fees
the camp pays under this section. If a fee is charged, the camp shall
notify the applicant at the time of the applicant's initial
application for employment of the amount of the fee and that, unless
the fee is paid, the camp will not consider the applicant for
employment.

(9)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request made under
division (F) of this section is confidential and not a public record
for the purposes of section 149.43 of the Revised Code. The report
shall not be made available to any person other than the person who
is the subject of the criminal records check or the person's
representative, the director of children and youth, the
administrator, and any court, hearing officer, or other necessary
individual involved in a case dealing with a denial or revocation of
registration related to the criminal records check.

(G)
The director of children and youth shall adopt rules
as
necessary to implement this section. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code
.
The rules shall
to

specify
exceptions to the prohibitions in divisions (B), (E), and (F) of this
section for a person who has been convicted of or pleaded guilty to a
criminal offense listed in division (A)(5) of section 109.572 of the
Revised Code but who meets standards in regard to rehabilitation set
by the director.

(H)(1)
Whenever the director of children and youth requests a criminal
records check, searches the uniform statewide automated child welfare
information system, or inspects the state registry of sex offenders
and child-victim offenders and national sex offender registry as
required by this section and finds that a person who is subject to
the requirements of division (B), (C), or (D) of this section resided
in another state during the previous five years, the director shall
request the following from the other state: a criminal records check
and information from the uniform statewide automated child welfare
information system or state registry of sex offenders.

(2)
Whenever the director receives from an agency of another state a
request for a criminal records check or for information from the
uniform statewide automated child welfare information system or state
registry of sex offenders that is related to a child care license or
the provision of publicly funded child care, the director shall
provide to that other state's agency the results of the records check
and information from the system and registry.

Sec.
5104.015.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the operation of child
care centers, including parent cooperative centers, part-time
centers, and drop-in centers. The rules shall reflect the various
forms of child care and the needs of children receiving child care or
publicly funded child care and shall include specific rules for
school-age child care centers that are developed in consultation with
the department of education and workforce. The rules shall include
the following:

(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the center proposes to meet the requirements of this
chapter and rules adopted pursuant to this chapter for the initial
license application;

(B)
Standards for ensuring that the physical surroundings of the center
are safe and sanitary including the physical environment, the
physical plant, and the equipment of the center;

(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the center;

(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible. As used in this division, "program" does
not include instruction in religious or moral doctrines, beliefs, or
values that is conducted at child care centers owned and operated by
churches and does include methods of disciplining children at child
care centers.

(E)
Admissions policies and procedures;

(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;

(G)
First aid and emergency procedures;

(H)
Procedures for discipline and supervision of children;

(I)
Standards for the provision of nutritious meals and snacks;

(J)
Procedures for screening children that may include any necessary
physical examinations and shall include immunizations in accordance
with section 5104.014 of the Revised Code;

(K)
Procedures for screening employees that may include any necessary
physical examinations and immunizations;

(L)
Methods for encouraging parental participation in the center and
methods for ensuring that the rights of children, parents, and
employees are protected and that responsibilities of parents and
employees are met;

(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the center while under the
care of a center employee;

(N)
Procedures for record keeping, organization, and administration;

(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;

(P)
Inspection procedures;

(Q)
Procedures and standards for setting initial license application
fees;

(R)
Procedures for receiving, recording, and responding to complaints
about centers;

(S)
Procedures for enforcing section 5104.04 of the Revised Code;

(T)
Minimum qualifications for employment as an administrator or child
care staff member, which shall not include requiring an administrator
or child care staff member to hold or obtain a bachelor's, master's,
or doctoral degree;

(U)
Requirements for the training of administrators and child care staff
members, including training in first aid, in prevention, recognition,
and management of communicable diseases, and in child abuse
recognition and prevention;

(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the center;

(W)
A procedure for reporting of injuries of children that occur at the
center;

(X)
Standards for licensing child care centers for children with
short-term illnesses and other temporary medical conditions;

(Y)
Minimum requirements for instructional time for child care centers
rated through the step up to quality program established pursuant to
section 5104.29 of the Revised Code
;

(Z)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding child care centers
.

Sec.
5104.017.
The
director of children and youth shall adopt rules pursuant to Chapter
119. of the Revised Code governing the operation of type A family
child care homes, including parent cooperative type A homes,
part-time type A homes, and drop-in type A homes. The rules shall
reflect the various forms of child care and the needs of children
receiving child care. The rules shall include the following:

(A)
Submission of a site plan and descriptive plan of operation to
demonstrate how the type A home proposes to meet the requirements of
this chapter and rules adopted pursuant to this chapter for the
initial license application;

(B)
Standards for ensuring that the physical surroundings of the type A
home are safe and sanitary, including the physical environment, the
physical plant, and the equipment of the type A home;

(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the type A
home;

(D)
Standards for a program of activities, and for play equipment,
materials, and supplies, to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;

(E)
Admissions policies and procedures;

(F)
Health care policies and procedures, including procedures for the
isolation of children with communicable diseases;

(G)
First aid and emergency procedures;

(H)
Procedures for discipline and supervision of children;

(I)
Standards for the provision of nutritious meals and snacks;

(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations required pursuant to section
5104.014 of the Revised Code;

(K)
Procedures for screening employees, including any necessary physical
examinations and immunizations;

(L)
Methods for encouraging parental participation in the type A home and
methods for ensuring that the rights of children, parents, and
employees are protected and that the responsibilities of parents and
employees are met;

(M)
Procedures for ensuring the safety and adequate supervision of
children traveling off the premises of the type A home while under
the care of a type A home employee;

(N)
Procedures for record keeping, organization, and administration;

(O)
Procedures for issuing, denying, and revoking a license that are not
otherwise provided for in Chapter 119. of the Revised Code;

(P)
Inspection procedures;

(Q)
Procedures and standards for setting initial license application
fees;

(R)
Procedures for receiving, recording, and responding to complaints
about type A homes;

(S)
Procedures for enforcing section 5104.04 of the Revised Code;

(T)
A standard requiring the inclusion of a current department of
children and youth toll-free telephone number on each type A home
license that any person may use to report a suspected violation by
the type A home of this chapter or rules adopted pursuant to this
chapter;

(U)
Requirements for the training of administrators and child care staff
members in first aid, in prevention, recognition, and management of
communicable diseases, and in child abuse recognition and prevention;

(V)
Standards providing for the needs of children who have disabilities
or who require treatment for health conditions while the child is
receiving child care or publicly funded child care in the type A
home;

(W)
Standards for the maximum number of children per child care staff
member;

(X)
Requirements for the amount of usable indoor floor space for each
child;

(Y)
Requirements for safe outdoor play space;

(Z)
Qualifications and training requirements for administrators and for
child care staff members, which shall not include requiring an
administrator or child care staff member to hold or obtain a
bachelor's, master's, or doctoral degree;

(AA)
Procedures for granting a parent who is the residential parent and
legal custodian, or a custodian or guardian access to the type A home
during its hours of operation;

(BB)
Minimum requirements for instructional time for type A homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code
;

(CC)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding type A homes
.

Sec.
5104.018.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the licensure of type B
family child care homes. The rules shall provide for safeguarding the
health, safety, and welfare of children receiving child care or
publicly funded child care in a licensed type B family child care
home and shall include all of the following:

(A)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;

(B)
Standards for ensuring that the type B home and the physical
surroundings of the type B home are safe and sanitary, including
physical environment, physical plant, and equipment;

(C)
Standards for the supervision, care, and discipline of children
receiving child care or publicly funded child care in the home;

(D)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;

(E)
Admission policies and procedures;

(F)
Health care, first aid and emergency procedures;

(G)
Procedures for the care of sick children;

(H)
Procedures for discipline and supervision of children;

(I)
Nutritional standards;

(J)
Procedures for screening children, including any necessary physical
examinations and the immunizations required pursuant to section
5104.014 of the Revised Code;

(K)
Procedures for screening administrators and employees, including any
necessary physical examinations and immunizations;

(L)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and administrators are protected and the
responsibilities of parents and administrators are met;

(M)
Standards for the safe transport of children when under the care of
administrators;

(N)
Procedures for issuing, denying, or revoking licenses;

(O)
Procedures for the inspection of type B homes that require, at a
minimum, that each type B home be inspected prior to licensure to
ensure that the home is safe and sanitary;

(P)
Procedures for record keeping and evaluation;

(Q)
Procedures for receiving, recording, and responding to complaints;

(R)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving child care or publicly funded child care in the type B
home;

(S)
Requirements for the amount of usable indoor floor space for each
child;

(T)
Requirements for safe outdoor play space;

(U)
Qualification and training requirements for administrators and
employees, which shall not include requiring an administrator or
employee to hold or obtain a bachelor's, master's, or doctoral
degree;

(V)
Procedures for granting a parent who is the residential parent and
legal custodian, or a custodian or guardian access to the type B home
during its hours of operation;

(W)
Requirements for the type B home to notify parents with children in
the type B home that the type B home is certified as a foster home
under section 5103.03 of the Revised Code;

(X)
Minimum requirements for instructional time for type B homes rated
through the step up to quality program established pursuant to
section 5104.29 of the Revised Code
;

(Y)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding licensure of type B homes
.

Sec.
5104.019.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the certification of
in-home aides. The rules shall provide for safeguarding the health,
safety, and welfare of children receiving publicly funded child care
in their own home and shall include the following:

(A)
Standards for ensuring that the child's home and the physical
surroundings of the child's home are safe and sanitary, including
physical environment, physical plant, and equipment;

(B)
Standards for the supervision, care, and discipline of children
receiving publicly funded child care in their own home;

(C)
Standards for a program of activities, and for play equipment,
materials, and supplies to enhance the development of each child;
however, any educational curricula, philosophies, and methodologies
that are developmentally appropriate and that enhance the social,
emotional, intellectual, and physical development of each child shall
be permissible;

(D)
Health care, first aid, and emergency procedures, procedures for the
care of sick children, procedures for discipline and supervision of
children, nutritional standards, and procedures for screening
children and in-home aides, including any necessary physical
examinations and immunizations;

(E)
Methods of encouraging parental participation and ensuring that the
rights of children, parents, and in-home aides are protected and the
responsibilities of parents and in-home aides are met;

(F)
Standards for the safe transport of children when under the care of
in-home aides;

(G)
Procedures for issuing, renewing, denying, refusing to renew, or
revoking certificates;

(H)
Procedures for inspection of homes of children receiving publicly
funded child care in their own homes;

(I)
Procedures for record keeping and evaluation;

(J)
Procedures for receiving, recording, and responding to complaints;

(K)
Qualifications and training requirements for in-home aides;

(L)
Standards providing for the needs of children who have disabilities
or who receive treatment for health conditions while the child is
receiving publicly funded child care in the child's own home
;

(M)
Any other procedures and standards necessary to carry out the
provisions of this chapter regarding certification of in-home aides
.

Sec.
5104.041.
(A)
All type A family child care homes and licensed type B family child
care homes shall procure and maintain one of the following:

(1)
Liability insurance issued by an insurer authorized to do business in
this state under Chapter 3905. of the Revised Code insuring the type
A or type B family child care home against liability arising out of,
or in connection with, the operation of the family child care home.
The insurance procured shall cover any cause for which the type A or
type B family child care home would be liable, in the amount of at
least one hundred thousand dollars per occurrence and three hundred
thousand dollars in the aggregate.

(2)
A written statement signed by the parent, guardian, or custodian of
each child receiving child care from the type A or type B family
child care home that states all of the following:

(a)
The family child care home does not carry liability insurance
described in division (A)(1) of this section;

(b)
If the licensee of a type A family child care home or a type B family
child care home is not the owner of the real property where the
family child care home is located, the liability insurance, if any,
of the owner of the real property may not provide for coverage of any
liability arising out of, or in connection with, the operation of the
family child care home.

(B)
If the licensee of a type A family child care home or a type B family
child care home is not the owner of the real property where the
family child care home is located and the family child care home
procures liability insurance described in division (A)(1) of this
section, that licensee shall name the owner of the real property as
an additional insured party on the liability insurance policy if all
of the following apply:

(1)
The owner of the real property requests the licensee or provider, in
writing, to add the owner of the real property to the liability
insurance policy as an additional insured party.

(2)
The addition of the owner of the real property does not result in
cancellation or nonrenewal of the insurance policy procured by the
type A or type B family child care home.

(3)
The owner of the real property pays any additional premium assessed
for coverage of the owner of the real property.

(C)
Proof of insurance or written statement required under division (A)
of this section shall be maintained at the type A or type B family
child care home and made available for review during inspection or
investigation as required under this chapter.

(D)
The director of children and youth shall adopt rules for the
enforcement of this section.

Sec.
5104.043.
(A)
If the department of children and youth determines that an act or
omission of a child care center, type A family child care home, or
licensed type B family child care home constitutes a serious risk
noncompliance, the licensee shall notify the caretaker parent of each
child receiving care in the center or home of the department's
determination.

(B)
With respect to the notice required by division (A) of this section,
all of the following apply:

(1)
The licensee shall notify caretaker parents not later than fifteen
business days after the department informs the licensee of the
department's determination. If the licensee requests a review of the
department's determination, the licensee shall notify caretaker
parents not later than five business days after the department has
completed its review.

(2)
The notice shall include a statement informing each caretaker parent
of the web site maintained by the department and the location of
further information regarding the determination.

(3)
The licensee may provide written or electronic notice to caretaker
parents.

(4)
The licensee shall provide a copy of the notice to the department.

(C)

The
director of children and youth shall adopt rules to enforce this
section.

(D)

The
requirements of this section do not apply if the department suspends
the license of a child care center, type A family child care home, or
licensed type B family child care home pursuant to section 5104.042
of the Revised Code.

Sec.
5104.30.
(A)
The department of children and youth is hereby designated as the
state agency responsible for administration and coordination of
federal and state funding for publicly funded child care in this
state. Publicly funded child care shall be provided to the following:

(1)
Recipients of transitional child care as provided under section
5104.34 of the Revised Code;

(2)
Participants in the Ohio works first program established under
Chapter 5107. of the Revised Code;

(3)
Individuals who would be participating in the Ohio works first
program if not for a sanction under section 5107.16 of the Revised
Code and who continue to participate in a work activity,
developmental activity, or alternative work activity pursuant to an
assignment under section 5107.42 of the Revised Code;

(4)
A family receiving publicly funded child care on October 1, 1997,
until the family's income reaches one hundred fifty per cent of the
federal poverty line;

(5)
Subject to available funds, other individuals determined eligible in
accordance with rules adopted under section 5104.38 of the Revised
Code.

The
department shall apply to the United States department of health and
human services for authority to operate a coordinated program for
publicly funded child care, if the director of children and youth
determines that the application is necessary. For purposes of this
section, the department of children and youth may enter into
agreements with other state agencies that are involved in regulation
or funding of child care. The department shall consider the special
needs of migrant workers when it administers and coordinates publicly
funded child care and shall develop appropriate procedures for
accommodating the needs of migrant workers for publicly funded child
care.

(B)
The department of children and youth shall distribute state and
federal funds for publicly funded child care, including
appropriations of state funds for publicly funded child care and
appropriations of federal funds available under the child care block
grant act, Title IV-A, and Title XX. The department may use any state
funds appropriated for publicly funded child care as the state share
required to match any federal funds appropriated for publicly funded
child care.

(C)
In the use of federal funds available under the child care block
grant act, all of the following apply:

(1)
The department may use the federal funds to hire staff to prepare any
rules required under this chapter and to administer and coordinate
federal and state funding for publicly funded child care.

(2)
Not more than five per cent of the aggregate amount of the federal
funds received for a fiscal year may be expended for administrative
costs.

(3)
The department shall allocate and use at least four per cent of the
federal funds for the following:

(a)
Activities designed to provide comprehensive consumer education to
parents and the public;

(b)
Activities that increase parental choice;

(c)
Activities, including child care resource and referral services,
designed to improve the quality, and increase the supply, of child
care;

(d)
Establishing the step up to quality program pursuant to section
5104.29 of the Revised Code.

(4)
The department shall ensure that the federal funds will be used only
to supplement, and will not be used to supplant, federal, state, and
local funds available on the effective date of the child care block
grant act for publicly funded child care and related programs. If
authorized by rules adopted by the department pursuant to section
5104.42 of the Revised Code, county departments of job and family
services may purchase child care from funds obtained through any
other means.

(D)
The department shall encourage the development of suitable child care
throughout the state, especially in areas with high concentrations of
recipients of public assistance and families with low incomes. The
department shall encourage the development of suitable child care
designed to accommodate the special needs of migrant workers. On
request, the department, through its employees or contracts with
state or community child care resource and referral service
organizations, shall provide consultation to groups and individuals
interested in developing child care. The department of children and
youth may enter into interagency agreements with the department of
education and workforce, the chancellor of higher education, the
department of development, and other state agencies and entities
whenever the cooperative efforts of the other state agencies and
entities are necessary for the department of children and youth to
fulfill its duties and responsibilities under this chapter.

The
department shall develop and maintain a registry of persons providing
child care. The director shall adopt rules in accordance with Chapter
119. of the Revised Code establishing procedures and requirements for
the registry's administration.

(E)(1)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing both of the following:

(a)
Payment rates for providers of publicly funded child care not later
than the first day of July in each odd-numbered year;

(b)
A procedure for paying providers of publicly funded child care.

(2)
In establishing payment rates under division (E)(1)(a) of this
section, the director shall do all of the following:

(a)
Use the information obtained from the market rate survey developed
and conducted in accordance with 45 C.F.R. 98.45;

(b)
Establish an enhanced payment rate for providers who enroll children
whose caretaker parents work nontraditional hours;

(c)
With regard to the step up to quality program established pursuant to
section 5104.29 of the Revised Code, establish enhanced payment rates
for child care providers that participate in the program.

(3)
In establishing payment rates under division (E)(1)(a) of this
section, the director may establish different payment rates based on
any of the following:

(a)
Geographic location of the provider;

(b)
Type of care provided;

(c)
Age of the child served;

(d)
Special needs of the child served;

(e)
Whether the expanded hours of service are provided;

(f)
Whether weekend service is provided;

(g)
Whether the provider has exceeded the minimum requirements of state
statutes and rules governing child care
;

(h)
Any other factors the director considers appropriate
.

Sec.
5104.38.
In
addition to any other rules adopted under this chapter, the
The

director
of children and youth shall adopt rules in accordance with Chapter
119. of the Revised Code
governing
financial and administrative requirements for publicly funded child
care and
establishing
all of the following:

(A)
Procedures and criteria to be used in making determinations of
eligibility for publicly funded child care that give priority to
children of families with lower incomes and procedures and criteria
for eligibility for publicly funded protective child care or homeless
child care. The rules shall specify the maximum amount of income a
family may have for initial and continued eligibility. The maximum
amount shall not exceed three hundred per cent of the federal poverty
line. The rules may specify exceptions to the eligibility
requirements in the case of a family that previously received
publicly funded child care and is seeking to have the child care
reinstated after the family's eligibility was terminated.

(B)
A schedule of fees requiring all eligible caretaker parents to pay a
fee for publicly funded child care according to income and family
size, which shall be uniform for all types of publicly funded child
care, except as authorized by rule, and, to the extent permitted by
federal law, shall permit the use of state and federal funds to pay
the customary deposits and other advance payments that a provider
charges all children who receive child care from that provider.

(C)
A formula for determining the amount of state and federal funds
appropriated for publicly funded child care that may be allocated to
a county department to use for administrative purposes;

(D)
Procedures to be followed by the department and county departments in
recruiting individuals and groups to become providers of child care;

(E)
Procedures to be followed in establishing state or local programs
designed to assist individuals who are eligible for publicly funded
child care in identifying the resources available to them and to
refer the individuals to appropriate sources to obtain child care;

(F)
Procedures to deal with fraud and abuse committed by either
recipients or providers of publicly funded child care;

(G)
Procedures for establishing a child care grant or loan program in
accordance with the child care block grant act;

(H)
Standards and procedures for applicants to apply for grants and
loans, and for the department to make grants and loans;

(I)
A definition of "person who stands in loco parentis" for
the purposes of division (OO)(3) of section 5104.01 of the Revised
Code;

(J)
Procedures for a county department of job and family services to
follow in making eligibility determinations and redeterminations for
publicly funded child care available through telephone, computer, and
other means at locations other than the county department;

(K)
If the director establishes a different payment rate under division
(E)(3)(d) of section 5104.30 of the Revised Code, standards and
procedures for determining the amount of the higher payment that is
to be issued to a child care provider based on the special needs of
the child being served;

(L)
To the extent permitted by federal law, procedures for enrolling and
paying for up to thirty days of child care for a child whose
caretaker parent is seeking employment, taking part in employment
orientation activities, or taking part in activities in anticipation
of enrolling in or attending an education or training program or
activity, if the employment or the education or training program or
activity is expected to begin within the thirty-day period
;

(M)
Any other rules necessary to carry out sections 5104.30 to 5104.43 of
the Revised Code
.

Sec.
5104.53.
(A)
As used in this section:

(1)
"IEP" has the same meaning as in section 3323.01 of the
Revised Code.

(2)
"Resource caregiver" has the same meaning as in section
5103.02 of the Revised Code.

(B)
The early childhood education grant program is created in the
department of children and youth. Subject to available funds, the
program shall support and invest in early learning and development
programs operating in this state by awarding grants to programs that
meet the conditions of this section in an amount that corresponds to
the number of eligible children served by the programs.

(C)
To be eligible for a grant under this section, an early learning and
development program shall meet
each

both

of
the following conditions:

(1)
The program is rated through the step up to quality program
established under section 5104.29 of the Revised Code at the tiered
rating specified by the department in rules adopted under this
section.

(2)
The program provides early learning and development services to one
or more preschool-age children described in division (D) of this
section.

(3)
The program meets any other eligibility condition specified by the
department in rules adopted under this section.

(D)
A preschool-age child who meets
all

both

of
the following conditions, as determined by a county department of job
and family services, is eligible to participate in the early
childhood education grant program if a slot is available:

(1)
Either the amount of the child's family income does not exceed two
hundred per cent of the federal poverty line or the child meets one
of the following conditions:

(a)
An IEP has been developed for the child;

(b)
The child is placed with a resource caregiver as described in Chapter
5103. of the Revised Code, with such placement documented by either a
family case plan or kinship permanency incentive payments;

(c)
The child is homeless as described in division (V) of section 5104.01
of the Revised Code.

(2)
The child is a citizen of the United States or a qualified alien.

(3)
The child meets any other eligibility condition specified by the
department in rules adopted under this section.

(E)
Any funds appropriated to the department for purposes of the early
childhood education grant program shall be used as follows:

(1)
In each fiscal year, not more than two per cent of appropriated funds
shall be used for program support and technical assistance.

(2)
Appropriated funds other than those described in division (E)(1) of
this section shall be distributed to grant recipients.

(F)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt rules to
implement
this section and administer the early childhood education grant
program, including rules addressing all of the following
topics
establish
both of the following
:

(1)

Eligibility
conditions and other requirements for participation in the grant
program by early learning and development programs, including the
tiered rating at which a program becomes eligible to participate;

(2)
Eligibility conditions for children participating in the early
childhood education grant program if a slot is available;

(3)

Standards,
procedures, and requirements to apply for and distribute funds to
participating early learning and development programs;

(4)
(2)

In the event funds are distributed in error under the program,
methods by which the department may recover those funds.

Sec.
5116.06.
(A)
The director of job and family services shall adopt rules
that
are necessary to implement
regarding

the
comprehensive case management and employment program
,
including rules
that
do all of the following:

(1)
Provide for the program to do both of the following:

(a)
Help a work-eligible individual satisfy the work requirements of
section 407 of the "Social Security Act," 42 U.S.C. 607;

(b)
Help an Ohio works first participant who participates in the program
do both of the following:

(i)
Satisfy other Ohio works first requirements, including requirements
included in the participant's self-sufficiency contract entered into
under section 5107.14 of the Revised Code;

(ii)
Obtain assistance or services the participant needs according to an
assessment conducted under section 5107.70 of the Revised Code.

(2)
For the purpose of section 5116.11 of the Revised Code, establish
procedures for both of the following:

(a)
Assessing the employment and training needs of individuals
participating in the comprehensive case management and employment
program;

(b)
Creating, reviewing, revising, and terminating individual opportunity
plans.

(3)
For the purpose of section 5116.20 of the Revised Code, establish
procedures, including procedures regarding timing, for a local
workforce development board to decide whether to authorize the use of
its youth workforce investment activity funds for the comprehensive
case management and employment program;

(4)
Establish requirements for the plans required by division (A)(1) of
section 5116.23 of the Revised Code;

(5)
For the purpose of division (A)(3) of section 5116.23 of the Revised
Code, establish procedures for a lead agency to partner with the
other local participating agency and subcontractors.

(B)
For the purposes of divisions (C) and (F) of section 5116.10 of the
Revised Code, the rules adopted under this section may do either or
both of the following:

(1)
Specify one or more additional mandatory participation groups that
are required to participate in the comprehensive case management and
employment program;

(2)
Specify one or more additional voluntary participation groups that
may volunteer to participate in the program.

(C)
The rules adopted under this section shall be consistent with all of
the following:

(1)
The Title IV-A state plan prepared under section 5101.80 of the
Revised Code, amendments to the plan, and any waivers regarding the
plan granted by the United States secretary of health and human
services;

(2)
The combined state plan authorized by section 103 of the "Workforce
Innovation and Opportunity Act," 29 U.S.C. 3113, amendments to
the plan, and any waivers regarding the plan granted by the United
States secretary of labor.

(D)
The rules adopted under division (A)(1)(a) of this section may
deviate from Chapter 5107. of the Revised Code.

Sec.
5117.02.
(A)

The
director of development shall adopt rules, or amendments and
rescissions of rules, pursuant to section 4928.52 of the Revised
Code, for the administration of the Ohio energy credit program under
sections 5117.01 to 5117.12 of the Revised Code.

(B)

As
a means of efficiently administering the
Ohio
energy credit
program,
the director may extend, by as much as a total of thirty days, any
date specified in
such

sections

5117.01 to 5117.12 of the Revised Code

for the performance of a particular action by an individual or an
officer.

(C)(1)
Except as provided in division (C)(2) of this section, the director
shall adopt, in accordance with divisions (A), (B), (C), (D), (E),
and (F) of section 119.03 and section 119.04 of the Revised Code,
whatever rules, or amendments or rescissions of rules are required by
or are otherwise necessary to implement sections 5117.01 to 5117.12
of the Revised Code. A rule, amendment, or rescission adopted under
this division is not exempt from the hearing requirements of section
119.03 of the Revised Code pursuant to division (H) of that section,
or subject to section 111.15 of the Revised Code.

(2)
If an emergency necessitates the immediate adoption of a rule, or the
immediate adoption of an amendment or rescission of a rule that is
required by or otherwise necessary to implement sections 5117.01 to
5117.12 of the Revised Code, the director immediately may adopt the
emergency rule, amendment, or rescission without complying with
division (A), (B), (C), (D), (E), or (F) of section 119.03 of the
Revised Code so long as the director states the reasons for the
necessity in the emergency rule, amendment, or rescission. The
emergency rule, amendment, or rescission is effective on the day the
emergency rule, amendment, or rescission, in final form and in
compliance with division (A)(2) of section 119.04 of the Revised
Code, is filed in electronic form with the secretary of state, the
director of the legislative service commission, and the joint
committee on agency rule review. If all filings are not completed on
the same day, the emergency rule, amendment, or rescission is
effective on the day on which the latest filing is completed. An
emergency rule, amendment, or rescission adopted under this division
is not subject to section 111.15 or division (G) of section 119.03 of
the Revised Code. An emergency rule, amendment, or rescission adopted
under this division continues in effect until amended or rescinded by
the director in accordance with division (C)(1) or (2) of this
section, except that the rescission of an emergency rescission does
not revive the rule rescinded.

(D)
(B)

Except where otherwise provided, each form, application, notice, and
the like used in fulfilling the requirements of sections 5117.01 to
5117.12 of the Revised Code shall be approved by the director.

Sec.
5119.141.
In
addition to the powers and duties expressly conferred on the
department of behavioral health, the department may take any other
action
,
except the adoption of rules,

it considers necessary to carry out the purposes of this chapter and
Chapters 340., 2919., 2945., and 5122. of the Revised Code.
Actions
authorized by this section include the authority to adopt rules
pursuant to Chapter 119. of the Revised Code that may be necessary to
carry out the purposes of this chapter and Chapters 340., 2919.,
2945., and 5122. of the Revised Code.

Sec.
5119.181.
(A)
No appointing officer shall appoint a person to fill a position in
either the classified or unclassified service of the department of
behavioral health if the person has been convicted of or pleaded
guilty to a violation of the following:

(1)
Any felony contained in the Revised Code, if the felony bears a
direct and substantial relationship to the position being filled;

(2)
Any crime contained in the Revised Code constituting a misdemeanor of
the first degree on the first offense and a felony on subsequent
offenses, if the crime bears a direct and substantial relationship to
the position being filled;

(3)
An existing or former law of this state, any other state, or the
United States, if the law violated is substantially equivalent to any
of the offenses described in division (A)(1) or (2) of this section.

(B)

The
director of behavioral health shall adopt rules, in accordance with
Chapter 119. of the Revised Code, to implement this section.

(C)

The
director or an appointing officer shall request the bureau of
criminal identification and investigation created by section 109.51
of the Revised Code or, at the director's or appointing officer's
discretion, any other state or federal agency, to supply the director
or appointing officer with a written report regarding the criminal
records of any applicant. For each investigation undertaken at the
department's request under this section, the department shall pay a
reasonable fee to the bureau or other state or federal agency
conducting the investigation. The amount of the fee shall be
determined by the bureau or other state or federal agency conducting
the investigation and shall be sufficient to cover the costs of
conducting the investigation. The report made by the bureau or other
state or federal agency is not a public record for purposes of
section 149.43 of the Revised Code and shall not be made available to
any person, except the applicant, the director, the appointing
officer or the appointing officer's designees, or any hearing officer
involved in a case denying employment.

(D)
(C)

As used in this section, "applicant" means a person who is
under final consideration for appointment to a position in the
classified or unclassified service of the department of behavioral
health.

Sec.
5119.185.
(A)
As used in this section:

(1)
"Advanced practice registered nurse" has the same meaning
as in section 4723.01 of the Revised Code.

(2)
"Clinician" means any of the following:

(a)
An advanced practice registered nurse;

(b)
A physician;

(c)
A physician assistant.

(3)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(4)
"Physician assistant" means an individual who holds a
current, valid license to practice as a physician assistant issued
under Chapter 4730. of the Revised Code.

(B)
The department of behavioral health may establish a clinician
recruitment program under which the department agrees to repay all or
part of the principal and interest of a government or other
educational loan incurred by a clinician who agrees to provide
services to inpatients and outpatients of institutions under the
department's administration. To be eligible to participate in the
program, a clinician must have attended the following:

(1)
In the case of a physician, a school that was, at the time of
attendance, a medical school or osteopathic medical school in this
country accredited by the liaison committee on medical education or
the American osteopathic association, or a medical school or
osteopathic medical school located outside this country that was
acknowledged by the world health organization and verified by a
member state of that organization as operating within that state's
jurisdiction;

(2)
In the case of a physician assistant, a school that was, at the time
of attendance, accredited by the accreditation review commission on
education for the physician assistant or a regional or specialized
and professional accrediting agency recognized by the council for
higher education accreditation;

(3)
In the case of an advanced practice registered nurse, a school that
was, at the time of attendance, accredited by a national or regional
accrediting organization.

(C)
The department shall enter into a contract with each clinician it
recruits under this section. Each contract shall include at least the
following terms:

(1)
The clinician agrees to provide a specified scope of health care
services for a specified number of hours per week and a specified
number of years to patients of one or more specified institutions
administered by the department.

(2)
The department agrees to repay all or a specified portion of the
principal and interest of a government or other educational loan
taken by the clinician for the following expenses if the clinician
meets the service obligation agreed to and the expenses were incurred
while the clinician was enrolled in, for up to a maximum of four
years, a school that qualifies the clinician to participate in the
program:

(a)
Tuition;

(b)
Other educational expenses for specific purposes, including fees,
books, and laboratory expenses, in amounts determined to be
reasonable in accordance with rules adopted under division (D) of
this section;

(c)
Room and board, in an amount determined to be reasonable in
accordance with rules adopted under division (D) of this section.

(3)
The clinician agrees to pay the department a specified amount, which
shall be not less than the amount already paid by the department
pursuant to its agreement, as damages if the clinician fails to
complete the service obligation agreed to or fails to comply with
other specified terms of the contract. The contract may vary the
amount of damages based on the portion of the clinician's service
obligation that remains uncompleted as determined by the department.

(4)
Other terms agreed upon by the parties.

(D)
If the department elects to implement the clinician recruitment
program, it shall adopt rules in accordance with Chapter 119. of the
Revised Code that establish all of the following:

(1)
Criteria for designating institutions for which clinicians will be
recruited;

(2)
Criteria for selecting clinicians for participation in the program;

(3)
Criteria for determining the portion of a clinician's loan that the
department will agree to repay;

(4)
Criteria for determining reasonable amounts of the expenses described
in divisions (C)(2)(b) and (c) of this section;

(5)
Procedures for monitoring compliance by clinicians with the terms of
their contracts
;

(6)
Any other criteria or procedures necessary to implement the program
.

Sec.
5119.19.
(A)
As used in this section:

(1)
"Community-based correctional facility" has the same
meaning as in section 2929.01 of the Revised Code.

(2)
"Drug used in medication-assisted treatment" means a drug
approved by the United States food and drug administration for use in
medication-assisted treatment, regardless of the method the drug is
administered or the form in which it is dispensed, including an oral
drug, an injectable drug, or a long-acting or extended-release drug.
"Drug used in medication-assisted treatment" includes all
of the following:

(a)
A full agonist;

(b)
A partial agonist;

(c)
An antagonist.

(3)
"Drug used in withdrawal management or detoxification"
means a drug approved by the United States food and drug
administration for use in, or a drug in standard use for, mitigating
opioid or alcohol withdrawal symptoms or assisting with
detoxification, regardless of the method the drug is administered or
the form in which it is dispensed, including an oral drug, an
injectable drug, or a long-acting or extended-release drug. "Drug
used in withdrawal management or detoxification" includes all of
the following:

(a)
A full agonist;

(b)
A partial agonist;

(c)
An antagonist;

(d)
An alpha-2 adrenergic agonist.

(4)
"Medication-assisted treatment" has the same meaning as in
section 340.01 of the Revised Code.

(5)
"Prescribed drug" has the same meaning as in section
5164.01 of the Revised Code.

(6)(a)
"Psychotropic drug" means, except as provided in division
(A)(6)(b) of this section, a drug that has the capability of changing
or controlling mental functioning or behavior through direct
pharmacological action. "Psychotropic drug" includes all of
the following:

(i)
Antipsychotic medications, including those administered or dispensed
in a long-acting injectable form;

(ii)
Antidepressant medications;

(iii)
Anti-anxiety medications;

(iv)
Mood stabilizing medications.

(b)
"Psychotropic drug" excludes a stimulant prescribed for the
treatment of attention deficit hyperactivity disorder.

(7)
"Withdrawal management or detoxification" means a set of
medical interventions aimed at managing the acute physical symptoms
of intoxication and withdrawal. Withdrawal management seeks to
minimize the physical harm caused by the intoxication and withdrawal
from a substance of abuse. Detoxification denotes a clearing of
toxins from the body of the patient who is acutely intoxicated,
dependent on a substance of abuse, or both.

(B)
There is hereby created a program to be known as the behavioral
health drug reimbursement program, which shall be administered by the
department of behavioral health.

The
purpose of the program is to provide state financial assistance to
counties for the cost of the following drugs that are administered or
dispensed to inmates of county jails in this state and individuals
confined in community-based correctional facilities in this state:
psychotropic drugs, drugs used in medication-assisted treatment, and
drugs used in withdrawal management or detoxification.

Each
county shall ensure that inmates of county jails and individuals
confined in community-based correctional facilities have access to
all behavioral health drugs specified in this division that are
prescribed drugs covered by the fee-for-service component of the
medicaid program.

(C)
The department, based on factors it considers appropriate, shall
allocate an amount to each county for drug costs that have been or
will be incurred by the county pursuant to this section.

(D)
The director of behavioral health may adopt rules
as
necessary to implement this section. The rules, if adopted, shall be
adopted
in
accordance with Chapter 119. of the Revised Code

regarding the behavioral health drug reimbursement program
.

Sec.
5119.20.
(A)
As used in this section:

"Electroencephalogram
(EEG) combined transcranial magnetic stimulation" means
treatment in which transcranial magnetic stimulation (TMS) frequency
pulses are tuned to the patient's physiology and biometric data.

"First
responder" has the meaning defined in section 2903.01 of the
Revised Code.

"Law
enforcement officer" has the meaning defined in section 9.69 of
the Revised Code.

(B)
The director of behavioral health shall establish a program to make
electroencephalogram (EEG) combined transcranial magnetic stimulation
available for veterans, first responders, and law enforcement
officers. Eligible individuals must have substance use disorders,
mental illness, sleep disorders, traumatic brain injuries, sexual
trauma, post traumatic stress disorder and accompanying
comorbidities, concussions or other brain trauma, or other issues
identified by the individual's qualified medical practitioner as
issues that would warrant treatment under the program. The program
shall be operated in conjunction with a supplier selected under this
section.

(C)
The director shall choose a location for the program and for up to
ten branch sites, and shall enter into a contract for the purchase of
services related to the program. Each branch site may operate one or
more portable units or EEG combined neuromodulation portable units if
the director determines that portable units or EEG combined
neuromodulation portable units are necessary to expand access to
care. The contract shall include provisions requiring the supplier to
create and conduct a clinical trial, to establish and operate a
clinical practice, to evaluate outcomes of the clinical trial and the
clinical practice, to expend payments received from the state as
needed for purposes of the program, and to report quarterly regarding
the program to the president of the senate and to the standing
committee of the senate that generally considers legislation
regarding veterans affairs.

(D)
There is the electroencephalogram (EEG) combined transcranial
magnetic stimulation fund in the state treasury. It shall consist of
moneys appropriated to it by the general assembly. The director, with
the approval of the controlling board, may authorize a disbursement
from the fund for services rendered under the contract.

(E)

The
director shall adopt rules under Chapter 119. of the Revised Code as
necessary to administer this section.

(F)

The
supplier, in conducting the clinical trial and in operating the
clinical practice, shall adhere to all of the following:

(1)
The United States food and drug administration regulations governing
the conduct of clinical practice and clinical trials;

(2)
A peer-to-peer support network shall be made available by the
supplier to any individual receiving treatment under the program.

(3)
The program protocol shall use adapted stimulation frequency and
intensity modulation based on EEG and motor threshold testing as well
as clinical symptoms and signs, and biometrics.

(4)
Each individual who receives treatment under the program also shall
receive neurophysiological monitoring, monitoring for symptoms of
substance use and mental health disorders, and access to counseling
and wellness programming. Each individual also shall participate in
the peer-to-peer support network established by the supplier.

(5)
Clinical protocols and outcomes of the clinical trial, and of any
treatment provided by the clinical practice, shall be collected and
reported quarterly in a report provided by the supplier to the
director of behavioral health and to the United States food and drug
administration.

(6)
Any individual who receives treatment at the clinical practice shall
be eligible for a minimum of two electroencephalograms, plus an
additional electroencephalogram for every ten treatments, during the
course of the individual's treatment.

(7)
The report required by this section shall include a thorough
accounting of the use and expenditure of all funds received from the
state under this section.

(G)
(F)

Contracts entered into under this section are subject to section
9.231 and Chapter 125. of the Revised Code.

(H)
(G)

Operation of the program established under this section is contingent
upon an appropriation by the general assembly designated for that
purpose.

Sec.
5119.21.
(A)
The department of behavioral health shall:

(1)
To the extent the department has available resources and in
consultation with boards of alcohol, drug addiction, and mental
health services, support the community-based continuum of care that
the boards are required by section 340.032 of the Revised Code to
establish. The department shall provide the support on a district or
multi-district basis. The department shall assist in identifying
resources, and may prioritize support, for one or more of the
elements of the community-based continuum of care. For the purpose of
division (A)(10) of section 340.032 of the Revised Code and to the
extent the department determines is necessary, the department shall
define additional elements to be included in the community-based
continuum of care.

(2)
Provide training, consultation, and technical assistance regarding
addiction services, mental health services, recovery supports, and
appropriate prevention, recovery, and mental health promotion
activities, including those that are culturally competent, to
employees of the department, community addiction services providers,
community mental health services providers, and boards of alcohol,
drug addiction, and mental health services;

(3)
To the extent the department has available resources, promote and
support a full range of addiction services, mental health services,
and recovery supports that are available and accessible to all
residents of this state, especially for severely emotionally
disturbed children and adolescents, adults with severe mental
disabilities, pregnant women, parents, guardians or custodians of
children at risk of abuse or neglect, and other special target
populations, including racial and ethnic minorities, as determined by
the department;

(4)
Develop standards and measures for both of the following:

(a)
Evaluating the effectiveness of addiction services, including opioid
treatment programs, of mental health services, and of recovery
supports;

(b)
Increasing the accountability of community addiction services
providers and community mental health services providers.

(5)
Design and set criteria for the determination of priority
populations;

(6)
Promote, direct, conduct, and coordinate scientific research, taking
ethnic and racial differences into consideration, concerning all of
the following:

(a)
The causes and prevention of mental illness and addiction;

(b)
Methods of providing effective addiction services, mental health
services, and recovery supports;

(c)
Means of enhancing the mental health of and recovery from addiction
of all residents of this state.

(7)
Foster the establishment and availability of vocational
rehabilitation services and the creation of employment opportunities
for individuals with addiction and mental health needs, including
members of racial and ethnic minorities;

(8)
Establish a program to protect and promote the rights of persons
receiving addiction services, mental health services, and recovery
supports, including the issuance of guidelines on informed consent
and other rights;

(9)
Promote the involvement of persons who are receiving or have received
addiction services, mental health services, and recovery supports
including families and other persons having a close relationship to a
person receiving those services and supports, in the planning,
evaluation, delivery, and operation of addiction services, mental
health services, and recovery supports;

(10)
Notify and consult with the relevant constituencies that may be
affected by rules, standards, and guidelines issued by the department
of behavioral health. These constituencies shall include consumers of
addiction services, mental health services, and recovery supports and
the families of such consumers. These constituencies may include
public and private providers, employee organizations, and others when
appropriate. Whenever the department proposes the adoption,
amendment, or rescission of rules under Chapter 119. of the Revised
Code, the notification and consultation required by this division
shall occur prior to the commencement of proceedings under Chapter
119. The department shall adopt rules under Chapter 119. of the
Revised Code that establish procedures for the notification and
consultation required by this division.

(11)
Provide consultation to the department of rehabilitation and
correction concerning the delivery of addiction services and mental
health services in state correctional institutions;

(12)
Promote and coordinate efforts in the provision of addiction services
by other state agencies, as defined in section 1.60 of the Revised
Code; courts; hospitals; clinics; physicians in private practice;
public health authorities; boards of alcohol, drug addiction, and
mental health services; community addiction services providers; law
enforcement agencies; and related groups;

(13)
Provide to each court of record, and biennially update, a list of the
treatment and education programs within that court's jurisdiction
that the court may require an offender, sentenced pursuant to section
4511.19 of the Revised Code, to attend;

(14)
Make the warning sign described in sections 3313.752, 3345.41, and
3707.50 of the Revised Code available on the department's internet
web site;

(15)
Provide a program of gambling addiction services on behalf of the
state lottery commission, pursuant to an agreement entered into with
the director of the commission under division (K) of section 3770.02
of the Revised Code, and provide a program of gambling addiction
services on behalf of the Ohio casino control commission, under an
agreement entered into with the executive director of the commission
under section 3772.062 of the Revised Code. Under Section 6(C)(3) of
Article XV, Ohio Constitution, the department may enter into
agreements with boards of alcohol, drug addiction, and mental health
services, including boards with districts in which a casino facility
is not located, and nonprofit organizations to provide addiction
services, and with state institutions of higher education or private
nonprofit institutions that possess a certificate of authorization
issued under Chapter 1713. of the Revised Code to perform related
research.

(B)
The department may accept and administer grants from public or
private sources for carrying out any of the duties enumerated in this
section.

(C)
The department may adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to implement the requirements of this
chapter.

Sec.
5119.211.
The
department of behavioral health may
adopt
rules in accordance with Chapter 119. of the Revised Code to

establish
a process and standards for the state certification of certified
community behavioral health clinics. The process and standards may be
based on the provisions of section 223 of the "Protecting Access
to Medicare Act of 2014," 42 U.S.C. 1396a note.

If
the department establishes a process and standards for the state
certification of certified community behavioral health clinics, the
department may coordinate with local, state, and federal government
entities for the development and establishment of the clinics.

The
director of behavioral health may adopt rules as the director
considers necessary to implement this section. If the director adopts
rules, the rules shall be adopted in accordance with Chapter 119. of
the Revised Code.

Sec.
5119.22.
The
director of behavioral health, with respect to all mental health and
addiction facilities, addiction services, mental health services, and
recovery supports established and operated or provided under Chapter
340. of the Revised Code, shall do all of the following:

(A)

Adopt
rules pursuant to Chapter 119. of the Revised Code that may be
necessary to carry out the purposes of this chapter and Chapters 340.
and 5122. of the Revised Code;

(B)

Review
and evaluate the community-based continuum of care required by
section 340.032 of the Revised Code to be established in each service
district, taking into account the findings and recommendations of the
board of alcohol, drug addiction, and mental health services of the
district submitted under division (A)(4) of section 340.03 of the
Revised Code and the priorities and plans of the department of
behavioral health, including the needs of residents of the district
currently receiving services in state-operated hospitals, and make
recommendations for needed improvements to boards of alcohol, drug
addiction, and mental health services;

(C)
(B)

At the director's discretion, provide to boards of alcohol, drug
addiction, and mental health services state or federal funds, in
addition to those allocated under section 5119.23 of the Revised
Code, for special programs or projects the director considers
necessary but for which local funds are not available;

(D)(1)
(C)(1)

Establish criteria to be taken into account by each board of alcohol,
drug addiction, and mental health services when it conducts program
audits under section 340.03 of the Revised Code to review and
evaluate the quality, effectiveness, and efficiency of the facility
services, addiction services, mental health services, and recovery
supports for which it contracts under section 340.036 of the Revised
Code. The criteria shall include requirements ensuring appropriate
utilization of the services and supports. The department shall assess
each board's evaluation of the services and supports and the
compliance of each board with this section, Chapter 340. of the
Revised Code, and other state or federal law and regulations.

(2)
The department, in cooperation with the board, periodically shall
review and evaluate the quality, effectiveness, and efficiency of
both of the following:

(a)
The facility services, addiction services, mental health services,
and recovery supports for which each board contracts under section
340.036 of the Revised Code;

(b)
The facilities, addiction services, and mental health services that
each board operates or provides under section 340.037 of the Revised
Code.

The
department shall collect information that is necessary to perform its
review and evaluation.

(E)
(D)

Issue guidelines to be followed by each board of alcohol, drug
addiction, and mental health services when it reviews under division
(A)(6) of section 340.03 of the Revised Code any annual financial
audit reports submitted to the board by community addiction services
providers and community mental health services providers;

(F)
(E)

To the extent the director determines necessary and after consulting
with boards of alcohol, drug addiction, and mental health services,
community addiction services providers, and community mental health
services providers, develop and operate, or contract for the
operation of, a community behavioral health information system or
systems. The department shall specify the information that must be
provided by the boards and providers for inclusion in the system or
systems.

Boards
of alcohol, drug addiction, and mental health services, community
addiction services providers, and community mental health services
providers shall submit information requested by the department in the
form and manner and in accordance with time frames prescribed by the
department. Information collected by the department may include all
of the following:

(1)
Information on addiction services, mental health services, and
recovery supports provided;

(2)
Financial information regarding expenditures of federal, state, or
local funds;

(3)
Information about persons served.

The
department shall not collect any personal information from the boards
or providers except as required or permitted by state or federal law
for purposes related to payment, health care operations, program and
service evaluation, reporting activities, research, system
administration, and oversight.

(G)
(F)

In consultation with representatives of boards of alcohol, drug
addiction, and mental health services and after consideration of
recommendations made by the medical director appointed under section
5119.11 of the Revised Code, establish all of the following:

(1)
Guidelines, including a timetable, for the boards' development and
submission of proposed community addiction and mental health plans,
budgets, and lists of addiction services, mental health services, and
recovery supports under sections 340.03 and 340.08 of the Revised
Code;

(2)
Procedures, including a timetable, for the director's review and
approval or disapproval of the plans, budgets, and lists;

(3)
Procedures for corrective action regarding the plans, budgets, and
lists, including submission of revised or new plans, budgets, and
lists;

(4)
Procedures for the director to follow in offering technical
assistance to boards to assist them in making the plans, budgets, and
lists acceptable or in making proposed amendments to approved plans,
budgets, and lists meet criteria for approval;

(5)
Procedures for issuing time-limited waivers under section 5119.221 of
the Revised Code.

(H)
(G)

Review each board's proposed community addiction and mental health
plan, budget, and list of addiction services, mental health services,
and recovery supports submitted pursuant to sections 340.03 and
340.08 of the Revised Code and approve or disapprove the plan, the
budget, and the list in whole or in part. The director shall
disapprove a board's proposed budget in whole or in part if the
proposed budget would not make available in the board's service
district the essential elements of the community-based continuum of
care required by section 340.032 of the Revised Code, including,
except as otherwise authorized by a time-limited waiver issued under
section 5119.221 of the Revised Code, an array of addiction services
and recovery supports for all levels of opioid and co-occurring drug
addiction.

Prior
to a final decision to disapprove a plan, budget, or list in whole or
in part, a representative of the director shall meet with the board
and discuss the reason for the action the director proposes to take
and any corrective action that should be taken to make the plan,
budget, or list acceptable to the director. In addition, the director
shall offer technical assistance to the board to assist it to make
the plan, budget, or list acceptable. The director shall give the
board a reasonable time in which to revise the plan, budget, or list.
The board thereafter shall submit a revised plan, budget, or list or
a new plan, budget, or list.

(I)
(H)

Approve or disapprove all or part of proposed amendments that a board
of alcohol, drug addiction, or mental health services submits under
section 340.03 or 340.08 of the Revised Code to an approved community
addiction and mental health plan, budget, or list of addiction
services, mental health services, and recovery supports.

If
the director disapproves of all or part of any proposed amendment,
the director shall provide the board an opportunity to present its
position. The director shall inform the board of the reasons for the
disapproval and of the criteria that must be met before the proposed
amendment may be approved. The director shall give the board a
reasonable time within which to meet the criteria and shall offer
technical assistance to the board to help it meet the criteria.

Sec.
5119.221.
(A)
The director of behavioral health, in accordance with procedures
established under division
(G)(5)
(F)(5)

of section 5119.22 of the Revised Code, may issue to a board of
alcohol, drug addiction, and mental health services a time-limited
waiver of the requirement of section 340.033 of the Revised Code that
ambulatory detoxification and medication-assisted treatment be made
available within the borders of the board's service district if the
director determines that both of the following apply:

(1)
The board seeking the waiver has made reasonable efforts to make
ambulatory detoxification and medication-assisted treatment available
within the borders of the board's service district;

(2)
Ambulatory detoxification and medication-assisted treatment can be
made available through one or more contracts between the board
seeking the waiver and community addiction services providers that
are located not more than thirty miles beyond the borders of the
board's service district.

(B)
Each waiver issued under this section shall specify the amount of
time for which it is in effect and whether it applies to ambulatory
detoxification, medication-assisted treatment, or both.

Sec.
5119.25.
(A)
The director of behavioral health may withhold funds, in whole or in
part, that otherwise are to be allocated to a board of alcohol, drug
addiction, and mental health services under section 5119.23 of the
Revised Code if either of the following circumstances apply:

(1)
The board fails to comply with Chapter 340. or 5119. of the Revised
Code or rules of the department of behavioral health;

(2)
The board denies available service on the basis of race, color,
religion, ancestry, military status, sex, age, national origin,
disability as defined in section 4112.01 of the Revised Code, or
developmental disability.

(B)
The director shall withhold funds, in whole or in part, that
otherwise are to be allocated to a board under section 5119.23 of the
Revised Code if either of the following circumstances apply:

(1)
The director, under division
(H)
(G)

of section 5119.22 of the Revised Code, disapproves all or part of
the board's proposed community addiction and mental health plan,
budget, or list of addiction services, mental health services, and
recovery supports;

(2)
The board's use of state and federal funds fails to comply with the
board's approved budget, including approved amendments to the budget.

(C)
The director shall issue a notice identifying the areas of
noncompliance and the action necessary to achieve compliance. The
director may offer technical assistance to the board to achieve
compliance. The board shall have thirty days from receipt of the
notice of noncompliance to present its position that it is in
compliance or to submit to the director evidence of corrective action
the board took to achieve compliance. Before withholding funds, the
director or the director's designee shall hold a hearing within
thirty days of receipt of the board's position or evidence to
determine if there are continuing violations and that either
assistance is rejected or the board is unable, or has failed, to
achieve compliance. The director may appoint a representative from
another board of alcohol, drug addiction, and mental health services
to serve as a mentor for the board in developing and executing a plan
of corrective action to achieve compliance. Any such representative
shall be from a board that is in compliance with Chapter 340. of the
Revised Code, this chapter, and the department's rules. Subsequent to
the hearing process, if it is determined that compliance has not been
achieved, the director may allocate all or part of the withheld funds
to one or more community mental health services providers or
community addiction services providers to provide the mental health
service, addiction service, or recovery support for which the board
is not in compliance until the time that there is compliance.

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

Sec.
5119.36.
(A)
A person or government entity that seeks initial certification of one
or more certifiable services and supports, or that seeks to renew
certification of one or more certifiable services and supports, shall
submit an application to the director of behavioral health. On
receipt of the application, the director shall determine whether the
standards established by division (B) of this section and any rules
adopted under this section are satisfied or continue to be satisfied
by the applicant. As part of the determination the director may
conduct an on-site review of the applicant. In doing so, the director
may conduct the review in cooperation with a board of alcohol, drug
addiction, and mental health services that seeks to contract or has a
contract with the applicant under section 340.036 of the Revised
Code.

Not
later than fourteen days after receipt of an application for initial
or renewed certification, the director shall inform the board of
alcohol, drug addiction, and mental health services serving the
alcohol, drug addiction, and mental health service district in which
the applicant's certifiable services and supports will be provided of
the receipt of the application. On the board's request, the director
shall provide the board with a copy of the application.

Not
later than thirty days after a provider's certification ceases to be
valid for any reason, including the provider's failure to renew the
certification prior to expiration, the director's acceptance of the
provider's surrender of the certification, or the issuance of a final
order for disciplinary action under division (F) or (L) of this
section, the director shall provide notice to the applicable board of
alcohol, drug addiction, and mental health services of the reason the
certification ceased to be valid and the date it became invalid.

(B)(1)
Except as provided in division (B)(4) of this section, beginning on
October 3, 2023, an applicant seeking initial certification of
certifiable services and supports shall be accredited by one or more
national accrediting organizations specified in division (B)(3) of
this section for certifiable services and supports for which national
accreditation exists for such services and supports or equivalent
services and supports.

(2)
Except as provided in division (B)(4) of this section, beginning
October 1, 2025, an applicant seeking to renew certification of
certifiable services and supports shall be accredited by one or more
national accrediting organizations specified in division (B)(3) of
this section for certifiable services and supports for which national
accreditation exists for such services and supports or equivalent
services and supports.

(3)
For purposes of divisions (B)(1) and (2) of this section, the
director shall accept appropriate accreditation of an applicant's
certifiable services and supports from any of the following national
accrediting organizations:

(a)
The joint commission;

(b)
The commission on accreditation of rehabilitation facilities;

(c)
The council on accreditation;

(d)
Any other national accrediting organization the director considers
appropriate.

(4)
The accreditation requirements of divisions (B)(1) and (2) of this
section do not apply to an applicant seeking an initial or renewed
certification to provide prevention services, as that term is defined
in rules adopted under this section. For such applicants,
accreditation is optional.

(C)(1)
Except as provided in division (C)(2) of this section, if the
director determines that an applicant has paid any required
certification fee, that the applicant's accreditation of certifiable
services and supports is current and appropriate for the services and
supports for which the applicant is seeking initial or renewed
certification, and that the applicant meets any other requirements
established by this section or rules adopted under it, the director
shall certify the services and supports or renew the certification of
the services and supports, as applicable. Except as provided in
division (I) of this section, the director shall issue or renew the
certification without further evaluation of the services and
supports.

(2)
Prior to October 1, 2025, if an applicant that seeks to renew
certification of certifiable services and supports is not accredited
to provide those services and supports by one or more national
accrediting organizations specified in division (B)(3) of this
section, the director shall conduct an evaluation of the applicant to
determine whether the applicant's certifiable services and supports
satisfy the standards for certification. The evaluation is in
addition to any on-site review conducted under division (A) of this
section and shall be performed in cooperation with a board of
alcohol, drug addiction, and mental health services that seeks to
contract or has a contract with the applicant under section 340.036
of the Revised Code. If the director determines that an applicant has
paid any required certification fee, that the applicant's certifiable
services and supports satisfy the standards for renewed
certification, and that the applicant meets any other requirements
established by this section or the rules adopted under it, the
director shall certify the certifiable services and supports.

(D)
For purposes of the accreditation requirements of this section, both
of the following apply:

(1)
The director may review the accrediting organizations specified in
division (B)(3) of this section to evaluate whether the accreditation
standards and processes used by the organizations are consistent with
service delivery models the director considers appropriate for mental
health services, alcohol and drug addiction services, or physical
health services. The director may communicate to an accrediting
organization any identified concerns, trends, needs, and
recommendations.

(2)
The director shall require a community mental health services
provider and a community addiction services provider to notify the
director not later than ten days after any change in the provider's
accreditation status. The provider may notify the director by
providing a copy of the relevant document the provider received from
the accrediting organization.

(E)
The director may require a community mental health services provider
or a community addiction services provider to submit to the director
cost reports pertaining to the provider.

(F)
The director may refuse to certify certifiable services and supports,
refuse to renew certification, or revoke certification if any of the
following apply to an applicant for certification or the holder of
the certification:

(1)
The applicant or holder is not in compliance with rules adopted under
this section.

(2)
The applicant or holder has been cited for a pattern of serious
noncompliance or repeated violations of statutes or rules during the
current certification period or any previous certification period.

(3)
The applicant or holder has been found to be in violation of section
5119.396 of the Revised Code;

(4)
The applicant or holder submits false or misleading information as
part of a certification application, renewal, or investigation.

(5)
The applicant does not have adequate staff and equipment to provide
the certifiable services and supports.

(6)
The department has been notified under section 5119.367 of the
Revised Code or is otherwise aware that the applicant, any owner or
principal of the applicant, or any subsidiary of the applicant or
owner has been the subject of an adverse action, as defined in that
section, taken during the three-year period immediately preceding the
date of notification or date of becoming aware of the adverse action.

(G)
Proceedings initiated to deny applications to certify certifiable
services and supports, to refuse to renew certification, or to revoke
certification are governed by Chapter 119. of the Revised Code. If an
order has been issued suspending admissions to a community addiction
services provider, as provided in division (L) of this section, the
order remains in effect during the pendency of those proceedings.

(H)
The director may conduct an on-site review or otherwise evaluate a
community mental health services provider or a community addiction
services provider at any time based on cause, including complaints
made by or on behalf of persons receiving mental health services or
alcohol and drug addiction services and confirmed or alleged
deficiencies brought to the attention of the director. This authority
does not affect the director's duty to conduct the inspections
required by section 5119.37 of the Revised Code.

In
conducting an on-site review under this division, the director may do
so in cooperation with a board of alcohol, drug addiction, and mental
health services that seeks to contract or has a contract with the
applicant under section 340.036 of the Revised Code. In conducting
any other evaluation under this division, the director shall do so in
cooperation with such a board.

(I)
If the director proposes to take action under division (F) of this
section, the director shall notify the board of alcohol, drug
addiction, and mental health services serving the alcohol, drug
addiction, and mental health service district in which the
certifiable services and supports will be or were provided, and
provide the board opportunity to respond as specified in division (A)
of this section with respect to initial or renewal applications.

When
a final order is issued by the director under division (F) of this
section, the director may request that the appropriate board of
alcohol, drug addiction, and mental health services reallocate any
funds for the certifiable services and supports the applicant was to
provide to a community mental health services provider or community
addiction services provider whose certifiable services and supports
satisfy the standards. If the board does not reallocate such funds in
a reasonable period of time, the director may withhold state and
federal funds for the certifiable services and supports and allocate
those funds directly to a community mental health services provider
or community addiction services provider whose certifiable services
and supports satisfy the standards.

(J)
Each applicant seeking initial or renewed certification of its
certifiable services and supports shall pay a fee for the
certification required by this section, unless the applicant is
exempt under rules adopted under this section. Fees shall be paid
into the state treasury to the credit of the sale of goods and
services fund created pursuant to section 5119.45 of the Revised
Code.

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

do
all of the following:

(1)
Subject to section 340.034 of the Revised Code, specify the types of
recovery supports that are required to be certified under this
section;

(2)
Establish certification standards for certifiable services and
supports that are consistent with nationally recognized applicable
standards and facilitate participation in federal assistance
programs. The rules shall include as certification standards only
requirements that improve the quality of certifiable services and
supports or the health and safety of persons receiving certifiable
services and supports. The standards shall address at a minimum all
of the following:

(a)
Reporting major unusual incidents to the director;

(b)
Procedures for applicants for and persons receiving certifiable
services and supports to file grievances and complaints;

(c)
Seclusion;

(d)
Restraint;

(e)
Requirements regarding the physical facilities in which certifiable
services and supports are provided;

(f)
Requirements with regard to health, safety, adequacy, and cultural
specificity and sensitivity;

(g)
Standards for evaluating certifiable services and supports;

(h)
Standards and procedures for granting full, probationary, and interim
certification of the certifiable services and supports of an
applicant;

(i)
Standards and procedures for revoking the certification of a
community mental health services provider's or community addiction
services provider's certifiable services and supports that do not
continue to meet the minimum standards established pursuant to this
section;

(j)
The limitations to be placed on a provider whose certifiable services
and supports are granted probationary or interim certification;

(k)
Development of written policies addressing the rights of persons
receiving certifiable services and supports, including all of the
following:

(i)
The right to a copy of the written policies addressing the rights of
persons receiving certifiable services and supports;

(ii)
The right at all times to be treated with consideration and respect
for the person's privacy and dignity;

(iii)
The right to have access to the person's own psychiatric, medical, or
other treatment records unless access is specifically restricted in
the person's treatment plan for clear treatment reasons;

(iv)
The right to have a client rights officer provided by the provider or
board of alcohol, drug addiction, and mental health services advise
the person of the person's rights, including the person's rights
under Chapter 5122. of the Revised Code if the person is committed to
the provider or board.

(l)
Documentation that must be submitted as evidence of holding
appropriate accreditation;

(m)
A process by which the director may review the accreditation
standards and process used by the national accrediting organizations
specified in division (B)(3) of this section.

(3)
Establish the process for certification of certifiable services and
supports;

(4)
Set the amount of initial and renewal certification fees and any
reasons for which applicants may be exempt from the fees;

(5)
Specify the type of notice and hearing to be provided prior to a
decision on whether to reallocate funds;

(6)
Establish a process by which the director, based on deficiencies
identified as a result of conducting an on-site review or otherwise
evaluating a community mental health services provider or community
addiction services provider under division (H) of this section, may
take any range of correction actions, including revocation of the
provider's certification.

(L)(1)
The director may issue an order suspending admissions to a community
addiction services provider that provides overnight accommodations if
the director finds either of the following:

(a)
The provider's certifiable services and supports are not in
compliance with rules adopted under this section;

(b)
The provider has been cited for more than one violation of statutes
or rules during any previous certification period of the provider.

(2)(a)
Except as provided in division (L)(2)(b) of this section, proceedings
initiated to suspend admissions to a community addiction services
provider that provides overnight accommodations are governed by
Chapter 119. of the Revised Code.

(b)
If a suspension of admissions is proposed because the director has
determined that the provider has demonstrated a pattern of serious
noncompliance or that a violation creates a substantial risk to the
health and safety of patients, the director may issue an order
suspending admissions before providing an opportunity for an
adjudication under Chapter 119. of the Revised Code. The director
shall lift the order for the suspension of admissions if the director
determines that the violation that formed the basis for the order has
been corrected.

(3)
Appeals from proceedings initiated to order the suspension of
admissions shall be conducted in accordance with Chapter 119. of the
Revised Code, unless the order was issued before providing an
opportunity for an adjudication, in which case all of the following
apply:

(a)
The provider may request a hearing not later than ten days after
being served in accordance with sections 119.05 and 119.07 of the
Revised Code.

(b)
If a timely request for a hearing that includes the provider's
current address is made, the hearing shall commence not later than
thirty days after the department receives the request.

(c)
After commencing, the hearing shall continue uninterrupted, except
for Saturdays, Sundays, and legal holidays, unless other
interruptions are agreed to by the provider and the director.

(d)
If the hearing is conducted by a hearing examiner, the hearing
examiner shall file a report and recommendations with the department
not later than ten days after the last of the following:

(i)
The close of the hearing;

(ii)
If a transcript of the proceedings is ordered, the hearing examiner
receives the transcript;

(iii)
If post-hearing briefs are timely filed, the hearing examiner
receives the briefs.

(e)
The hearing examiner shall send a written copy of the report and
recommendations, by certified mail, to the provider, or the
provider's attorney, if applicable, not later than five days after
the report is filed with the department.

(f)
Not later than five days after receiving the report and
recommendations, the provider may file objections with the
department.

(g)
Not later than fifteen days after the hearing examiner files the
report and recommendations, the department shall issue an order
approving, modifying, or disapproving the report and recommendations.

(h)
Notwithstanding the pendency of the hearing, the department shall
lift the order for the suspension of admissions if the department
determines the violation that formed the basis for the order has been
corrected.

(M)(1)
In a proceeding initiated to suspend admissions to a community
addiction services provider that provides overnight accommodations,
to deny an application for certification of certifiable services and
supports, to refuse to renew certification, or to revoke
certification, the department may order the suspension, denial,
refusal, or revocation regardless of whether some or all of the
deficiencies that prompted the proceedings have been corrected at the
time of the hearing.

(2)
When the department issues an order suspending admissions to a
community addiction services provider that provides overnight
accommodations, denies an application for certification of
certifiable services and supports, refuses to renew certification, or
revokes a certification, the department shall not grant an
opportunity for submitting a plan of correction.

(N)
The department of behavioral health shall maintain a current list of
community addiction services providers and shall provide a copy of
the list to a judge of a court of common pleas who requests a copy
for the use of the judge under division (H) of section 2925.03 of the
Revised Code. The list shall identify each provider by its name, its
address, and the county in which it is located.

(O)
No person shall represent in any manner that a community mental
health services provider's or community addiction services provider's
certifiable services and supports are certified by the director if
the certifiable services and supports are not so certified at the
time the representation is made.

(P)
If a board of alcohol, drug addiction, and mental health services
requests the department of behavioral health to investigate a
community mental health services provider or community addiction
services provider pursuant to this section, the department shall
initiate the investigation not later than ten business days after
receipt of the request. If the department initiates an investigation
of a community mental health services provider or community addiction
services provider under this section for any other reason, the
department shall notify the board of alcohol, drug addiction, and
mental health services serving the applicable alcohol, drug
addiction, and mental health service district of the investigation
and the reason for the investigation not later than three business
days after the investigation begins. On the board's request, the
department shall provide the board with information specifying the
status of the investigation and the final disposition of the
investigation.

Sec.
5119.368.
(A)
As used in this section, "telehealth services" has the same
meaning as in section 4743.09 of the Revised Code.

(B)
Each community mental health services provider and community
addiction services provider shall establish written policies and
procedures describing how the provider will ensure that staff persons
assisting clients with receiving telehealth services or providing
telehealth services are fully trained in using equipment necessary
for providing the services.

(C)
Prior to providing telehealth services to a client, a provider shall
describe to the client the potential risks associated with receiving
treatment through telehealth services and shall document that the
client was provided with the risks and agreed to assume those risks.
The risks communicated to a client shall address the following:

(1)
Clinical aspects of receiving treatment through telehealth services;

(2)
Security considerations when receiving treatment through telehealth
services;

(3)
Confidentiality for individual and group counseling.

(D)
It is the responsibility of the provider, to the extent possible, to
ensure contractually that any entity or individuals involved in the
transmission of information through telehealth mechanisms guarantee
that the confidentiality of the information is protected.

(E)
Every provider shall have a contingency plan for providing telehealth
services to clients in the event that technical problems occur during
the provision of those services.

(F)
Providers shall maintain, at a minimum, the following information
pertaining to local resources:

(1)
The local suicide prevention telephone hotline, if available, or the
national suicide prevention telephone hotline.

(2)
Contact information for the local police and fire departments.

The
provider shall provide the client written information on how to
access assistance in a crisis, including one caused by equipment
malfunction or failure.

(G)
It is the responsibility of the provider to ensure that equipment
meets standards sufficient to do the following:

(1)
To the extent possible, ensure confidentiality of communication;

(2)
Provide for interactive communication between the provider and the
client;

(3)
When providing telehealth services using synchronous technology,
ensure that video or audio are sufficient to enable real-time
interaction between the client and the provider and to ensure the
quality of the service provided.

(H)
A mental health facility or unit that is serving as a client site
shall be maintained in such a manner that appropriate staff persons
are on hand at the facility or unit in the event of a malfunction
with the equipment used to provide telehealth services.

(I)(1)
All telehealth services provided by interactive videoconferencing
shall meet both of the following conditions:

(a)
Begin with the verification of the client through a name and password
or personal identification number when treatment services are being
provided;

(b)
Be provided in accordance with state and federal law.

(2)
When providing telehealth services in accordance with this section, a
provider shall comply with all requirements under state and federal
law regarding the protection of patient information. Each provider
shall ensure that any username or password information and any
electronic communications between the provider and a client are
securely transmitted and stored.

(J)
The department of behavioral health may adopt rules as it considers
necessary to implement this section. The rules shall be adopted in
accordance with Chapter 119. of the Revised Code. Any such rules
adopted by the department are not subject to the requirements of
division (F) of section 121.95 of the Revised Code.

Sec.
5119.39.
(A)
The department of behavioral health shall monitor the operation of
recovery housing in this state by doing either of the following:

(1)
Certifying recovery housing residences through a process established
by the department;

(2)
Accepting accreditation, or its equivalent for recovery housing, from
one or more of the following:

(a)
The Ohio affiliate of the national alliance for recovery residences;

(b)
Oxford house, inc.;

(c)
Any other organization that is designated by the department for
purposes of this section.

(B)
If the department certifies recovery housing residences, the
department shall
,
in rules adopted under section 5119.397 of the Revised Code,

adopt rules in accordance with Chapter 119. of the Revised Code to

establish requirements for initial certification and renewal
certification, as well as grounds and procedures for disciplinary
action against operators of recovery housing residences.

Sec.
5119.51.
(A)
As used in this section, "supplemental services" has the
same meaning as in section 5815.28 of the Revised Code.

(B)
There is hereby created in the state treasury the services fund for
individuals with mental illness. On the death of the beneficiary of a
trust created pursuant to section 5815.28 of the Revised Code, the
portion of the remaining assets of the trust specified in the trust
instrument shall be deposited to the credit of the fund. Money
credited to the fund shall be used for individuals with mental
illness.

Supplemental
services may be provided through the department or boards of alcohol,
drug addiction, and mental health services.
In
accordance with Chapter 119. of the Revised Code, the department of
behavioral health may adopt any rules necessary to implement this
section.

Sec.
5120.01.
The
director of rehabilitation and correction is the executive head of
the department of rehabilitation and correction. All duties conferred
on the various divisions and institutions of the department by law or
by order of the director shall be performed under the rules and
regulations that the director
prescribes

is
specifically authorized to adopt under this chapter
and
shall be under the director's control. Inmates committed to the
department of rehabilitation and correction shall be under the legal
custody of the director or the director's designee, and the director
or the director's designee shall have power to control transfers of
inmates between the several state institutions included under section
5120.05 of the Revised Code.

Sec.
5120.031.
(A)
As used in this section:

(1)
"Certificate of high school equivalence" means either:

(a)
A statement that is issued by the department of education and
workforce that indicates that its holder has achieved the equivalent
of a high school education as measured by scores obtained on a high
school equivalency test approved by the department of education and
workforce pursuant to division (B) of section 3301.80 of the Revised
Code;

(b)
A statement that is issued by a primary-secondary education or higher
education agency of another state that indicates that its holder has
achieved the equivalent of a high school education as measured by
scores obtained on a similar nationally recognized high school
equivalency test.

(2)
"Certificate of adult basic education" means a statement
that is issued by the department of rehabilitation and correction
through the Ohio central school system approved by the department of
education and workforce and that indicates that its holder has
achieved a 6.0 grade level, or higher, as measured by scores of
nationally standardized or recognized tests.

(3)
"Deadly weapon" and "firearm" have the same
meanings as in section 2923.11 of the Revised Code.

(4)
"Eligible offender" means a person, other than one who is
ineligible to participate in an intensive program prison under the
criteria specified in section 5120.032 of the Revised Code, who has
been convicted of or pleaded guilty to, and has been sentenced for, a
felony.

(5)
"Shock incarceration" means the program of incarceration
that is established pursuant to the rules of the department of
rehabilitation and correction adopted under this section.

(B)(1)
The director of rehabilitation and correction, by rules adopted under
Chapter 119. of the Revised Code, shall establish a pilot program of
shock incarceration that may be used for offenders who are sentenced
to serve a term of imprisonment under the custody of the department
of rehabilitation and correction, whom the department determines to
be eligible offenders, and whom the department, subject to the
approval of the sentencing judge, may permit to serve their sentence
as a sentence of shock incarceration in accordance with this section.

(2)
The rules for the pilot program shall require that the program be
established at an appropriate state correctional institution
designated by the director and that the program consist of both of
the following for each eligible offender whom the department, with
the approval of the sentencing judge, permits to serve the eligible
offender's sentence as a sentence of shock incarceration:

(a)
A period of imprisonment at that institution of ninety days that
shall consist of a military style combination of discipline, physical
training, and hard labor and substance abuse education, employment
skills training, social skills training, and psychological treatment.
During the ninety-day period, the department may permit an eligible
offender to participate in a self-help program. Additionally, during
the ninety-day period, an eligible offender who holds a high school
diploma or a certificate of high school equivalence may be permitted
to tutor other eligible offenders in the shock incarceration program.
If an eligible offender does not hold a high school diploma or
certificate of high school equivalence, the eligible offender may
elect to participate in an education program that is designed to
award a certificate of adult basic education or an education program
that is designed to award a certificate of high school equivalence to
those eligible offenders who successfully complete the education
program, whether the completion occurs during or subsequent to the
ninety-day period. To the extent possible, the department shall use
as teachers in the education program persons who have been issued a
license pursuant to sections 3319.22 to 3319.31 of the Revised Code,
who have volunteered their services to the education program, and who
satisfy any other criteria specified in the rules for the pilot
project.

(b)
Immediately following the ninety-day period of imprisonment, and
notwithstanding any other provision governing the early release of a
prisoner from imprisonment or the transfer of a prisoner to
transitional control, one of the following, as determined by the
director:

(i)
An intermediate, transitional type of detention for the period of
time determined by the director and, immediately following the
intermediate, transitional type of detention, a release under a
post-release control sanction imposed in accordance with section
2967.28 of the Revised Code. The period of intermediate, transitional
type of detention imposed by the director under this division may be
in a halfway house, in a community-based correctional facility and
program or district community-based correctional facility and program
established under sections 2301.51 to 2301.58 of the Revised Code, or
in any other facility approved by the director that provides for
detention to serve as a transition between imprisonment in a state
correctional institution and release from imprisonment.

(ii)
A release under a post-release control sanction imposed in accordance
with section 2967.28 of the Revised Code.

(3)
The rules for the pilot program also shall include, but are not
limited to, all of the following:

(a)
Rules identifying the locations within the state correctional
institution designated by the director that will be used for eligible
offenders serving a sentence of shock incarceration;

(b)
Rules establishing specific schedules of discipline, physical
training, and hard labor for eligible offenders serving a sentence of
shock incarceration, based upon the offender's physical condition and
needs;

(c)
Rules establishing standards and criteria for the department to use
in determining which eligible offenders the department will permit to
serve their sentence of imprisonment as a sentence of shock
incarceration;

(d)
Rules establishing guidelines for the selection of post-release
control sanctions for eligible offenders;

(e)
Rules establishing procedures for notifying sentencing courts of the
performance of eligible offenders serving their sentences of
imprisonment as a sentence of shock incarceration
;

(f)
Any other rules that are necessary for the proper conduct of the
pilot program
.

(C)(1)
If an offender is sentenced to a term of imprisonment under the
custody of the department, if the sentencing court either recommends
the offender for placement in a program of shock incarceration under
this section or makes no recommendation on placement of the offender,
and if the department determines that the offender is an eligible
offender for placement in a program of shock incarceration under this
section, the department may permit the eligible offender to serve the
sentence in a program of shock incarceration, in accordance with
division (I) of section 2929.14 of the Revised Code, with this
section, and with the rules adopted under this section. If the
sentencing court disapproves placement of the offender in a program
of shock incarceration, the department shall not place the offender
in any program of shock incarceration.

If
the sentencing court recommends the offender for placement in a
program of shock incarceration and if the department subsequently
places the offender in the recommended program, the department shall
notify the court of the offender's placement in the recommended
program and shall include with the notice a brief description of the
placement.

If
the sentencing court recommends placement of the offender in a
program of shock incarceration and the department for any reason does
not subsequently place the offender in the recommended program, the
department shall send a notice to the court indicating why the
offender was not placed in the recommended program.

If
the sentencing court does not make a recommendation on the placement
of an offender in a program of shock incarceration and if the
department determines that the offender is an eligible offender for
placement in a program of that nature, the department shall screen
the offender and determine if the offender is suited for the program
of shock incarceration. If the offender is suited for the program of
shock incarceration, at least three weeks prior to permitting an
eligible offender to serve the sentence in a program of shock
incarceration, the department shall notify the sentencing court of
the proposed placement of the offender in the program and shall
include with the notice a brief description of the placement. The
court shall have ten days from receipt of the notice to disapprove
the placement. If the sentencing court disapproves of the placement,
the department shall not permit the eligible offender to serve the
sentence in a program of shock incarceration. If the judge does not
timely disapprove of placement of the offender in the program of
shock incarceration, the department may proceed with plans for
placement of the offender.

If
the department determines that the offender is not eligible for
placement in a program of shock incarceration, the department shall
not place the offender in any program of shock incarceration.

(2)
If the department permits an eligible offender to serve the eligible
offender's sentence of imprisonment as a sentence of shock
incarceration and the eligible offender does not satisfactorily
complete the entire period of imprisonment described in division
(B)(2)(a) of this section, the offender shall be removed from the
pilot program for shock incarceration and shall be required to serve
the remainder of the offender's sentence of imprisonment imposed by
the sentencing court as a regular term of imprisonment. If the
eligible offender commences a period of post-release control
described in division (B)(2)(b) of this section and violates the
conditions of that post-release control, the eligible offender shall
be subject to the provisions of sections 2929.141, 2967.15, and
2967.28 of the Revised Code regarding violation of post-release
control sanctions.

(3)
If an eligible offender's stated prison term expires at any time
during the eligible offender's participation in the shock
incarceration program, the adult parole authority shall terminate the
eligible offender's participation in the program and shall issue to
the eligible offender a certificate of expiration of the stated
prison term.

(D)
The director shall keep sentencing courts informed of the performance
of eligible offenders serving their sentences of imprisonment as a
sentence of shock incarceration, including, but not limited to,
notice of eligible offenders who fail to satisfactorily complete
their entire sentence of shock incarceration or who satisfactorily
complete their entire sentence of shock incarceration.

(E)
Within a reasonable period of time after November 20, 1990, the
director shall appoint a committee to search for one or more suitable
sites at which one or more programs of shock incarceration, in
addition to the pilot program required by division (B)(1) of this
section, may be established. The search committee shall consist of
the director or the director's designee, as chairperson; employees of
the department of rehabilitation and correction appointed by the
director; and any other persons that the director, in the director's
discretion, appoints. In searching for such sites, the search
committee shall give preference to any site owned by the state or any
other governmental entity and to any existing structure that
reasonably could be renovated, enlarged, converted, or remodeled for
purposes of establishing such a program. The search committee shall
prepare a report concerning its activities and, on the earlier of the
day that is twelve months after the first day on which an eligible
offender began serving a sentence of shock incarceration under the
pilot program or January 1, 1992, shall file the report with the
president and the minority leader of the senate, the speaker and the
minority leader of the house of representatives, the members of the
senate who were members of the senate judiciary committee in the
118th general assembly or their successors, and the members of the
house of representatives who were members of the select committee to
hear drug legislation that was established in the 118th general
assembly or their successors. Upon the filing of the report, the
search committee shall terminate. The report required by this
division shall contain all of the following:

(1)
A summary of the process used by the search committee in performing
its duties under this division;

(2)
A summary of all of the sites reviewed by the search committee in
performing its duties under this division, and the benefits and
disadvantages it found relative to the establishment of a program of
shock incarceration at each such site;

(3)
The findings and recommendations of the search committee as to the
suitable site or sites, if any, at which a program of shock
incarceration, in addition to the pilot program required by division
(B)(1) of this section, may be established.

(F)
The director periodically shall review the pilot program for shock
incarceration required to be established by division (B)(1) of this
section. The director shall prepare a report relative to the pilot
program and, on the earlier of the day that is twelve months after
the first day on which an eligible offender began serving a sentence
of shock incarceration under the pilot program or January 1, 1992,
shall file the report with the president and the minority leader of
the senate, the speaker and the minority leader of the house of
representatives, the members of the senate who were members of the
senate judiciary committee in the 118th general assembly or their
successors, and the members of the house of representatives who were
members of the select committee to hear drug legislation that was
established in the 118th general assembly or their successors. The
pilot program shall not terminate at the time of the filing of the
report, but shall continue in operation in accordance with this
section. The report required by this division shall include all of
the following:

(1)
A summary of the pilot program as initially established, a summary of
all changes in the pilot program made during the period covered by
the report and the reasons for the changes, and a summary of the
pilot program as it exists on the date of preparation of the report;

(2)
A summary of the effectiveness of the pilot program, in the opinion
of the director and employees of the department involved in its
operation;

(3)
An analysis of the total cost of the pilot program, of its cost per
inmate who was permitted to serve a sentence of shock incarceration
and who served the entire sentence of shock incarceration, and of its
cost per inmate who was permitted to serve a sentence of shock
incarceration;

(4)
A summary of the standards and criteria used by the department in
determining which eligible offenders were permitted to serve their
sentence of imprisonment as a sentence of shock incarceration;

(5)
A summary of the characteristics of the eligible offenders who were
permitted to serve their sentence of imprisonment as a sentence of
shock incarceration, which summary shall include, but not be limited
to, a listing of every offense of which any such eligible offender
was convicted or to which any such eligible offender pleaded guilty
and in relation to which the eligible offender served a sentence of
shock incarceration, and the total number of such eligible offenders
who were convicted of or pleaded guilty to each such offense;

(6)
A listing of the number of eligible offenders who were permitted to
serve a sentence of shock incarceration and who did not serve the
entire sentence of shock incarceration, and, to the extent possible,
a summary of the length of the terms of imprisonment served by such
eligible offenders after they were removed from the pilot program;

(7)
A summary of the effect of the pilot program on overcrowding at state
correctional institutions;

(8)
To the extent possible, an analysis of the rate of recidivism of
eligible offenders who were permitted to serve a sentence of shock
incarceration and who served the entire sentence of shock
incarceration;

(9)
Recommendations as to legislative changes to the pilot program that
would assist in its operation or that could further alleviate
overcrowding at state correctional institutions, and recommendations
as to whether the pilot program should be expanded.

Sec.
5120.04.
The
department of rehabilitation and correction, with the approval of the
governor and in accordance with rules adopted pursuant to division

(B)
(A)

of section 5145.03 of the Revised Code, may assign prisoners who are
committed or transferred to institutions under the administration of
the department to perform labor on any public work of the state.

Sec.
5120.103.
(A)
To the extent that funds are available, the department of
rehabilitation and correction, in accordance with this section and
sections 5120.104 and 5120.105 of the Revised Code, may construct or
provide for the construction of halfway house facilities for
offenders whom a court places in a halfway house pursuant to section
2929.16 or 2929.26 of the Revised Code or who are eligible for
community supervision by the department of rehabilitation and
correction.

(B)
A halfway house organization that seeks to assist in the program
planning of a halfway house facility described in division (A) of
this section shall file an application with the director of
rehabilitation and correction as set forth in a request for proposal.
Upon the submission of an application, the division of parole and
community services shall review it and, if the division believes it
is appropriate, shall submit a recommendation for its approval to the
director. When the division submits a recommendation for approval of
an application, the director may approve the application. The
director shall not take action or fail to take action, or permit the
taking of action or the failure to take action, with respect to
halfway house facilities that would adversely affect the exclusion of
interest on public obligations or on fractionalized interests in
public obligations from gross income for federal income tax purposes,
or the classification or qualification of the public obligations or
the interest on or fractionalized interests in public obligations
for, or their exemption from, other treatment under the Internal
Revenue Code.

(C)
The director of rehabilitation and correction and the halfway house
organization may enter into an agreement establishing terms for the
program planning of the halfway house facility. Any terms so
established shall conform to the terms of any covenant or agreement
pertaining to an obligation from which the funds used for the
construction of the halfway house facility are derived.

(D)
The director of rehabilitation and correction, in accordance with
Chapter 119. of the Revised Code, shall adopt rules that specify
procedures by which a halfway house organization may apply for a
contract for program planning of a halfway house facility constructed
under this section, procedures for the department to follow in
considering an application,
and

criteria
for granting approval of an application
,
and any other rules that are necessary for the selection of program
planners of a halfway house facility
.

Sec.
5120.19.
(A)
The department of rehabilitation and correction, in accordance with
rules adopted pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code, shall determine and direct
what lands belonging to institutions under its control shall be
cultivated, the crops to be raised, and the use to be made of the
land and crops, and may distribute the products among the different
institutions. If the crops are distributed to institutions under the
control of the department, the department shall keep records of the
distributions and of the fair market value of the crops distributed.
The department may sell any crops that are not necessary for the
institutions under its control to any person. The money received from
the sale of the crops shall be deposited in the services and
agricultural fund created pursuant to section 5120.29 of the Revised
Code.

The
department may require institutions under its control, when they have
proper lands and labor, to undertake intensive agriculture, may rent
lands for the production of supplies for any of the institutions that
have surplus labor, and may rent lands for the production of crops
for sale, when it can be done to advantage.

The
department shall pay and assign the prisoners who perform any labor
pursuant to this division in accordance with the rules adopted
pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code.

(B)
The department may direct the purchase of any materials, supplies, or
other articles for any institution under its control from any other
institution under its control at the reasonable market value, which
value shall be fixed by the department. Payments for the articles
shall be made as between institutions in the manner provided for
payment for supplies.

Sec.
5120.27.
The
department of rehabilitation and correction may assign, among the
correctional and penal institutions under its control and in
accordance with the rules adopted pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code, the industries to be carried
on by the institutions, having due regard to the location and
convenience of the industries, other institutions to be supplied, to
the machinery in the institutions, and to the number and character of
prisoners employed in the industries.

Sec.
5120.28.
(A)
The department of rehabilitation and correction shall fix the prices
at which all labor and services performed, all agricultural products
produced, and all articles manufactured in correctional and penal
institutions shall be furnished to the state, the political
subdivisions of the state, and the public institutions of the state
and the political subdivisions, and to private persons. The prices
shall be uniform to all and not higher than the usual market price
for like labor, products, services, and articles.

(B)
Any money received by the department of rehabilitation and correction
for labor and services performed shall be deposited into the
institutional services fund created pursuant to division (A) of
section 5120.29 of the Revised Code and shall be used and accounted
for as provided in that section and division
(B)
(A)

of section 5145.03 of the Revised Code.

(C)
Any money received by the department of rehabilitation and correction
for articles manufactured and agricultural products produced in penal
and correctional institutions shall be deposited into the Ohio penal
industries manufacturing fund created pursuant to division (B) of
section 5120.29 of the Revised Code and shall be used and accounted
for as provided in that section and division
(B)
(A)

of section 5145.03 of the Revised Code.

Sec.
5120.53.
(A)
If a treaty between the United States and a foreign country provides
for the transfer or exchange, from one of the signatory countries to
the other signatory country, of convicted offenders who are citizens
or nationals of the other signatory country, the governor, subject to
and in accordance with the terms of the treaty, may authorize the
director of rehabilitation and correction to allow the transfer or
exchange of convicted offenders and to take any action necessary to
initiate participation in the treaty. If the governor grants the
director the authority described in this division, the director may
take the necessary action to initiate participation in the treaty
and, subject to and in accordance with division (B) of this section
and the terms of the treaty, may allow the transfer or exchange to a
foreign country that has signed the treaty of any convicted offender
who is a citizen or national of that signatory country.

(B)(1)
No convicted offender who is serving a term of imprisonment in this
state for aggravated murder, murder, or a felony of the first or
second degree, who is serving a mandatory prison term imposed under
section 2925.03 or 2925.11 of the Revised Code in circumstances in
which the court was required to impose as the mandatory prison term
the maximum definite prison term or longest minimum prison term
authorized for the degree of offense committed, who is serving a term
of imprisonment in this state imposed for an offense committed prior
to July 1, 1996, that was an aggravated felony of the first or second
degree or that was aggravated trafficking in violation of division
(A)(9) or (10) of section 2925.03 of the Revised Code, or who has
been sentenced to death in this state shall be transferred or
exchanged to another country pursuant to a treaty of the type
described in division (A) of this section.

(2)
If a convicted offender is serving a term of imprisonment in this
state and the offender is a citizen or national of a foreign country
that has signed a treaty of the type described in division (A) of
this section, if the governor has granted the director of
rehabilitation and correction the authority described in that
division, and if the transfer or exchange of the offender is not
barred by division (B)(1) of this section, the director or the
director's designee may approve the offender for transfer or exchange
pursuant to the treaty if the director or the designee, after
consideration of the factors set forth in the rules adopted by the
department under division (D) of this section

and all other relevant factors
,
determines that the transfer or exchange of the offender is
appropriate.

(C)
Notwithstanding any provision of the Revised Code regarding the
parole eligibility of, or the duration or calculation of a sentence
of imprisonment imposed upon, an offender, if a convicted offender is
serving a term of imprisonment in this state and the offender is a
citizen or national of a foreign country that has signed a treaty of
the type described in division (A) of this section, if the offender
is serving an indefinite term of imprisonment, if the offender is
barred from being transferred or exchanged pursuant to the treaty due
to the indefinite nature of the offender's term of imprisonment, and
if in accordance with division (B)(2) of this section the director of
rehabilitation and correction or the director's designee approves the
offender for transfer or exchange pursuant to the treaty, the parole
board, pursuant to rules adopted by the director, shall set a date
certain for the release of the offender. To the extent possible, the
date certain that is set shall be reasonably proportionate to the
indefinite term of imprisonment that the offender is serving. The
date certain that is set for the release of the offender shall be
considered only for purposes of facilitating the international
transfer or exchange of the offender, shall not be viable or
actionable for any other purpose, and shall not create any
expectation or guarantee of release. If an offender for whom a date
certain for release is set under this division is not transferred to
or exchanged with the foreign country pursuant to the treaty, the
date certain is null and void, and the offender's release shall be
determined pursuant to the laws and rules of this state pertaining to
parole eligibility and the duration and calculation of an indefinite
sentence of imprisonment.

(D)
If the governor, pursuant to division (A) of this section, authorizes
the director of rehabilitation and correction to allow any transfer
or exchange of convicted offenders as described in that division, the
director shall adopt rules under Chapter 119. of the Revised Code
to
implement the provisions of this section. The rules shall include a
rule
that

requires

require

the
director or the director's designee, in determining whether to
approve a convicted offender who is serving a term of imprisonment in
this state for transfer or exchange pursuant to a treaty of the type
described in division (A) of this section, to consider all of the
following factors:

(1)
The nature of the offense for which the offender is serving the term
of imprisonment in this state;

(2)
The likelihood that, if the offender is transferred or exchanged to a
foreign country pursuant to the treaty, the offender will serve a
shorter period of time in imprisonment in the foreign country than
the offender would serve if the offender is not transferred or
exchanged to the foreign country pursuant to the treaty;

(3)
The likelihood that, if the offender is transferred or exchanged to a
foreign country pursuant to the treaty, the offender will return or
attempt to return to this state after the offender has been released
from imprisonment in the foreign country;

(4)
The degree of any shock to the conscience of justice and society that
will be experienced in this state if the offender is transferred or
exchanged to a foreign country pursuant to the treaty
;

(5)
All other factors that the department determines are relevant to the
determination
.

Sec.
5120.55.
(A)
As used in this section, "licensed health professional"
means any or all of the following:

(1)
A dentist who holds a current, valid license issued under Chapter
4715. of the Revised Code to practice dentistry;

(2)
A licensed practical nurse who holds a current, valid license issued
under Chapter 4723. of the Revised Code that authorizes the practice
of nursing as a licensed practical nurse;

(3)
An optometrist who holds a current, valid certificate of licensure
issued under Chapter 4725. of the Revised Code that authorizes the
holder to engage in the practice of optometry;

(4)
A physician who is authorized under Chapter 4731. of the Revised Code
to practice medicine and surgery, osteopathic medicine and surgery,
or podiatric medicine and surgery;

(5)
A psychologist who holds a current, valid license issued under
Chapter 4732. of the Revised Code that authorizes the practice of
psychology as a licensed psychologist;

(6)
A registered nurse who holds a current, valid license issued under
Chapter 4723. of the Revised Code that authorizes the practice of
nursing as a registered nurse, including such a nurse who is also
licensed to practice as an advanced practice registered nurse as
defined in section 4723.01 of the Revised Code.

(B)(1)
The department of rehabilitation and correction may establish a
recruitment program under which the department, by means of a
contract entered into under division (C) of this section, agrees to
repay all or part of the principal and interest of a government or
other educational loan incurred by a licensed health professional who
agrees to provide services to inmates of correctional institutions
under the department's administration.

(2)(a)
For a physician to be eligible to participate in the program, the
physician must have attended a school that was, during the time of
attendance, a medical school or osteopathic medical school in this
country accredited by the liaison committee on medical education or
the American osteopathic association, a college of podiatry in this
country in good standing with the state medical board, or a medical
school, osteopathic medical school, or college of podiatry located
outside this country that was acknowledged by the world health
organization and verified by a member state of that organization as
operating within that state's jurisdiction.

(b)
For a nurse to be eligible to participate in the program, the nurse
must have attended a school that was, during the time of attendance,
a nursing school in this country accredited by the commission on
collegiate nursing education or the national league for nursing
accrediting commission or a nursing school located outside this
country that was acknowledged by the world health organization and
verified by a member state of that organization as operating within
that state's jurisdiction.

(c)
For a dentist to be eligible to participate in the program, the
dentist must have attended a school that was, during the time of
attendance, a dental college that enabled the dentist to meet the
requirements specified in section 4715.10 of the Revised Code to be
granted a license to practice dentistry.

(d)
For an optometrist to be eligible to participate in the program, the
optometrist must have attended a school of optometry that was, during
the time of attendance, approved by the state vision professionals
board.

(e)
For a psychologist to be eligible to participate in the program, the
psychologist must have attended an educational institution that,
during the time of attendance, maintained a specific degree program
recognized by the state board of psychology as acceptable for
fulfilling the requirement of division (B)(2) of section 4732.10 of
the Revised Code.

(C)
The department shall enter into a contract with each licensed health
professional it recruits under this section. Each contract shall
include at least the following terms:

(1)
The licensed health professional agrees to provide a specified scope
of medical, osteopathic medical, podiatric, optometric,
psychological, nursing, or dental services to inmates of one or more
specified state correctional institutions for a specified number of
hours per week for a specified number of years.

(2)
The department agrees to repay all or a specified portion of the
principal and interest of a government or other educational loan
taken by the licensed health professional for the following expenses
to attend, for up to a maximum of four years, a school that qualifies
the licensed health professional to participate in the program:

(a)
Tuition;

(b)
Other educational expenses for specific purposes, including fees,
books, and laboratory expenses, in amounts determined to be
reasonable in accordance with rules adopted under division (D) of
this section;

(c)
Room and board, in an amount determined to be reasonable in
accordance with rules adopted under division (D) of this section.

(3)
The licensed health professional agrees to pay the department a
specified amount, which shall be no less than the amount already paid
by the department pursuant to its agreement, as damages if the
licensed health professional fails to complete the service obligation
agreed to or fails to comply with other specified terms of the
contract. The contract may vary the amount of damages based on the
portion of the service obligation that remains uncompleted.

(4)
Other terms agreed upon by the parties.

The
licensed health professional's lending institution or the department
of higher education may be a party to the contract. The contract may
include an assignment to the department of rehabilitation and
correction of the licensed health professional's duty to repay the
principal and interest of the loan.

(D)
If the department of rehabilitation and correction elects to
implement the recruitment program, it shall adopt rules in accordance
with Chapter 119. of the Revised Code that establish all of the
following:

(1)
Criteria for designating institutions for which licensed health
professionals will be recruited;

(2)
Criteria for selecting licensed health professionals for
participation in the program;

(3)
Criteria for determining the portion of a loan which the department
will agree to repay;

(4)
Criteria for determining reasonable amounts of the expenses described
in divisions (C)(2)(b) and (c) of this section;

(5)
Procedures for monitoring compliance by a licensed health
professional with the terms of the contract the licensed health
professional enters into under this section
;

(6)
Any other criteria or procedures necessary to implement the program
.

Sec.
5120.56.
(A)
As used in sections 5120.56 to 5120.58 of the Revised Code:

(1)
"Ancillary services" means services provided to an offender
as necessary for the particular circumstances of the offender's
personal supervision, including, but not limited to, specialized
counseling, testing, or other services not included in the
calculation of residential or supervision costs.

(2)
"Cost debt" means a cost of incarceration or supervision
that may be assessed against and collected from an offender as a debt
to the state as described in division (D) of this section.

(3)
"Detention facility" means any place used for the
confinement of a person charged with or convicted of any crime.

(4)
"Offender" means any inmate, parolee, person placed under a
community control sanction, releasee, or other person who has been
convicted of or pleaded guilty to any felony or misdemeanor and is
sentenced to any of the following:

(a)
A term of imprisonment, a prison term, a jail term, or another type
of confinement in a detention facility;

(b)
Participation in another correctional program in lieu of
incarceration.

(5)
"Community control sanction," "prison term," and
"jail term" have the same meanings as in section 2929.01 of
the Revised Code.

(6)
"Parolee" and "releasee" have the same meanings
as in section 2967.01 of the Revised Code.

(B)
The department of rehabilitation and correction may recover from an
offender who is in its custody or under its supervision any cost debt
described in division (D) of this section. To satisfy a cost debt
described in that division that relates to an offender, the
department may apply directly assets that are in the department's
possession and that are being held for that offender without further
proceedings in aid of execution, and, if assets belonging to or
subject to the direction of that offender are in the possession of a
third party, the department may request the attorney general to
initiate proceedings to collect the assets from the third party to
satisfy the cost debt.

(C)
Except as otherwise provided in division (E) or (G) of this section,
all of the following assets of an offender shall be subject to
attachment, collection, or application toward the cost debts
described in division (D) of this section that are to be recovered
under division (B) of this section:

(1)
Subject to division (E) of this section, any pay the offender
receives from the state;

(2)
Subject to division (E) of this section, any funds the offender
receives from persons on an approved visitor list;

(3)
Any liquid assets belonging to the offender and in the custody of the
department;

(4)
Any assets the offender acquires or any other income the offender
earns subsequent to the offender's commitment.

(D)
Costs of incarceration or supervision that may be assessed against
and collected from an offender under division (B) of this section as
a debt to the state shall include, but are not limited to, all of the
following costs that accrue while the offender is in the custody or
under the supervision of the department:

(1)
Any user fee or copayment for services at a detention facility or
housing facility, including, but not limited to, a fee or copayment
for sick call visits;

(2)
Assessment for damage to or destruction of property in a detention
facility subsequent to commitment;

(3)
Restitution to an offender or to a staff member of a state
correctional institution for theft, loss, or damage to the personal
property of the offender or staff member;

(4)
The cost of housing and feeding the offender in a detention facility;

(5)
The cost of supervision of the offender;

(6)
The cost of any ancillary services provided to the offender;

(7)
The cost of any medical care provided to the offender.

(E)
The cost of housing and feeding an offender in a state correctional
institution shall not be collected from a payment made to the
offender for performing an activity at a state job or assignment that
pays less than the minimum wage or from money the offender receives
from visitors, unless the combined assets in the offender's
institution personal account exceed, at any time, one hundred
dollars. If the combined assets in that account exceed one hundred
dollars, the cost of housing and feeding the offender may be
collected from the amount in excess of one hundred dollars.

(F)(1)
The department shall adopt rules pursuant to section 111.15 of the
Revised Code
to
implement the requirements of this section.

(2)
The rules adopted under division (F)(1) of this section shall
include, but are not limited to, rules
that
establish or contain all of the following:

(a)
A process for ascertaining the items of cost to be assessed against
an offender;

(b)
Subject to division
(F)(3)
(F)(2)

of this section, a process by which the offender shall have the
opportunity to respond to the assessment of costs under division (B)
of this section and to contest any item of cost in the department's
calculation or as it applies to the offender;

(c)
A requirement that the offender be notified, in writing, of a final
decision to collect or apply the offender's assets under division (B)
of this section and that the notification be provided after the
offender has had an opportunity to contest the application or
collection;

(d)
Criteria for evaluating an offender's ongoing, permanent injury and
evaluating the ability of that type of offender to provide for the
offender after incarceration.

(3)
(2)

The rules adopted under division (F)(1) of this section may allow the
collection of a cost debt as a flat fee or over time in installments.
If the cost debt is to be collected over time in installments, the
rules are not required to permit the offender an opportunity to
contest the assessment of each installment. The rules may establish a
standard fee to apply to all offenders who receive a particular
service.

(G)
The department shall not collect cost debts or apply offender assets
toward a cost debt under division (B) of this section if, due to an
ongoing, permanent injury, the collection or application would
unjustly limit the offender's ability to provide for the offender
after incarceration.

(H)
If an offender acquires assets after the offender is convicted of or
pleads guilty to an offense and if the transferor knows of the
offender's status as an offender, the transferor shall notify the
department in advance of the transfer.

(I)
There is hereby created in the state treasury the offender financial
responsibility fund. All moneys collected by or on behalf of the
department under this section, and all moneys currently in the
department's custody that are applied to satisfy an allowable cost
debt under this section, shall be deposited into the fund. The
department may expend moneys in the fund for goods and services of
the same type as those for which offenders are assessed pursuant to
this section.

Sec.
5120.65.
(A)
The department of rehabilitation and correction may establish in one
or more of the institutions for women operated by the department a
prison nursery program under which eligible inmates and children born
to them while in the custody of the department may reside together in
the institution. If the department establishes a prison nursery
program in one or more institutions under this section, sections
5120.651 to
5120.657

5120.656

of
the Revised Code apply regarding the program. If the department
establishes a prison nursery program and an inmate participates in
the program, neither the inmate's participation in the program nor
any provision of sections 5120.65 to 5120.657 of the Revised Code
affects, modifies, or interferes with the inmate's custodial rights
of the child or establishes legal custody of the child with the
department.

(B)
As used in sections 5120.651 to 5120.657 of the Revised Code:

(1)
"Prison nursery program" means the prison nursery program
established by the department of rehabilitation and correction under
this section, if one is so established.

(2)
"Public assistance" has the same meaning as in section
5101.58 of the Revised Code.

(3)
"Support" means amounts to be paid under a support order.

(4)
"Support order" has the same meaning as in section 3119.01
of the Revised Code.

Sec.
5122.33.
The
department of behavioral health may prescribe the form of
applications, reports, records, and medical certificates provided for
under this chapter, and the information required to be contained
therein; require reports from the chief clinical officer of any
public hospital relating to the admission, examination, diagnosis,
release, or discharge of any patient; visit each such hospital
regularly to review the admission procedures of all new patients
admitted between visits;
and

investigate
by personal visit complaints made by any patient or by any person on
behalf of a patient
;
and adopt such rules as are reasonably necessary to effectuate the
provisions of this chapter
.

Sec.
5123.022.
(A)
As used in this section:

(1)
"Community employment" means competitive employment that
takes place in an integrated setting.

(2)
"Competitive employment" means full-time or part-time work
in the competitive labor market in which payment is at or above the
minimum wage but not less than the customary wage and level of
benefits paid by the employer for the same or similar work performed
by persons who are not disabled.

(3)
"Integrated setting" means a setting typically found in the
community where individuals with developmental disabilities interact
with individuals who do not have disabilities to the same extent that
individuals in comparable positions who are not disabled interact
with other individuals, including in employment settings in which
employees interact with the community through technology.

(B)
It is hereby declared to be the policy of this state that employment
services for individuals with developmental disabilities be directed
at community employment. Every individual with a developmental
disability is presumed capable of community employment.

The
departments of developmental disabilities, education and workforce,
medicaid, job and family services, and mental health and addiction
services; the opportunities for Ohioans with disabilities agency; and
each other state agency that provides employment services to
individuals with developmental disabilities shall implement the
policy of this state and ensure that it is followed whenever
employment services are provided to individuals with developmental
disabilities.

The
department of developmental disabilities shall coordinate the actions
taken by state agencies to comply with the state's policy. Agencies
shall collaborate within their divisions and with each other to
ensure that state programs, policies, procedures, and funding support
competitive and integrated employment of individuals with
developmental disabilities. State agencies shall share information
with the department, and the department shall track progress toward
full implementation of the policy. The department, in coordination
with any task force established by the governor, shall compile data
and annually submit to the governor a report on implementation of the
policy.

The
department and state agencies may adopt rules to implement the
state's policy.

(C)
The state's policy articulated in this section is intended to promote
the right of each individual with a developmental disability to
informed choice; however, nothing in this section requires any
employer to give preference in hiring to an individual because the
individual has a disability.

Sec.
5123.025.
It
is hereby declared to be the policy of this state that individuals
with developmental disabilities shall have access to innovative
technology solutions. Technology can ensure that people with
developmental disabilities have increased opportunities to live,
work, and thrive in their homes, communities, and places of
employment through state of the art planning, innovative technology,
and supports that focus on their talents, interests, and skills.

The
departments of developmental disabilities, education and workforce,
medicaid, aging, job and family services, mental health and addiction
services, and transportation; the opportunities for Ohioans with
disabilities agency; and each other state agency that provides
technology services to individuals with developmental disabilities
shall implement the policy of this state and ensure that it is
followed whenever technology services are provided to individuals
with developmental disabilities.

The
department of developmental disabilities, in partnership with the
office of innovateohio, shall coordinate the actions taken by state
agencies to comply with the state's policy. Agencies shall
collaborate within their divisions and with each other to ensure that
state programs, policies, procedures, and funding support the
development of access to technology for individuals with
developmental disabilities. State agencies shall share information
with the department, and the department shall track progress toward
full implementation of the policy. The department, in coordination
with the technology first task force established under section
5123.026 of Revised Code, shall compile data and annually submit to
the governor and lieutenant governor a report on implementation of
the policy.

The
department and state agencies may adopt rules to implement the
state's policy.

Sec.
5123.026.
(A)
The director of developmental disabilities shall establish a
technology first task force consisting of representatives from the
office of innovateohio; the departments of developmental
disabilities, education and workforce, medicaid, aging, job and
family services, mental health and addiction services, children and
youth, and transportation; and the opportunities for Ohioans with
disabilities agency.

(B)
The task force shall do all of the following:

(1)
Expand innovative technology solutions within the operation and
delivery of services to individuals with developmental disabilities;

(2)
Use technology to reduce the barriers individuals with developmental
disabilities experience;

(3)
Align policies for all state agencies on the task force.

(C)
The department of developmental disabilities may enter into
interagency agreements with any of the government entities on the
task force. The interagency agreements may specify either or both of
the following:

(1)
The roles and responsibilities of the government entities that are
members of the task force, including any money to be contributed by
those entities;

(2)
The projects and activities of the task force.

(D)
The department and state agencies may adopt rules to implement the
task force.

Sec.
5123.04.
(A)
The director of developmental disabilities is the executive head of
the department of developmental disabilities. All duties conferred on
the department and its institutions by law or by order of the
director shall
be
performed under such rules as the director prescribes, and shall
be
under the director's control. The director shall establish bylaws for
the government of all institutions under the jurisdiction of the
department. Except as otherwise is provided as to appointments by
chiefs of divisions, the director shall appoint such employees as are
necessary for the efficient conduct of the department, and shall
prescribe their titles and duties. If the director is not a licensed
physician, decisions relating to medical diagnosis and treatment
shall be the responsibility of a licensed physician appointed by the
director.

(B)

The
director shall adopt rules for the proper execution of the powers and
duties of the department.

(C)

The
director shall adopt rules establishing standards that programs and
facilities for persons with intellectual disabilities shall follow
when performing evaluations of the mental condition of defendants
ordered by the court under section 2919.271 or 2945.371 of the
Revised Code, and for the treatment of defendants who have been found
incompetent to stand trial under section 2945.38 of the Revised Code,
and certify the compliance of such programs and facilities with the
standards.

(D)
(C)

On behalf of the department, the director has the authority to, and
responsibility for, entering into contracts and other agreements.

(E)
(D)

The director shall adopt rules in accordance with Chapter 119. of the
Revised Code that do
all

both

of
the following:

(1)
Specify the supplemental services that may be provided through a
trust authorized by section 5815.28 of the Revised Code;

(2)
Establish standards for the maintenance and distribution to a
beneficiary of assets of a trust authorized by section 5815.28 of the
Revised Code.

(F)
(E)

The director shall provide monitoring of county boards of
developmental disabilities.

Sec.
5123.0420.
As
used in this section, "evidence-based intervention" means a
prevention or treatment service that has been demonstrated through
scientific evaluation to produce a positive outcome.

The
department of developmental disabilities shall establish a voluntary
training and certification program for individuals who provide
evidence-based interventions to individuals with an autism spectrum
disorder. The department shall administer the program or contract
with a person or other government entity to administer the program.
The program shall not conflict with or duplicate any other
certification or licensure process administered by the state.

The
director of developmental disabilities may adopt rules as necessary
to implement this section. If the director adopts rules, the rules
shall be adopted in accordance with Chapter 119. of the Revised Code.

Sec.
5123.081.
(A)
As used in this section:

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

(i)
A person who is under final consideration for appointment to or
employment with the department of developmental disabilities or a
county board of developmental disabilities;

(ii)
A person who is being transferred to the department or a county
board;

(iii)
An employee who is being recalled to or reemployed by the department
or a county board after a layoff;

(iv)
A person under final consideration for a direct services position
with a provider or subcontractor.

(b)
Neither of the following is an applicant:

(i)
A person who is employed by a responsible entity in a position for
which a criminal records check is required by this section and either
is being considered for a different position with the responsible
entity or is returning after a leave of absence or seasonal break in
employment, unless the responsible entity has reason to believe that
the person has committed a disqualifying offense;

(ii)
A person who is to provide only respite care under a family support
services program established under section 5126.11 of the Revised
Code if a family member of the individual with a developmental
disability who is to receive the respite care selects the person.

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

(3)
"Direct services position" means an employment position in
which the employee has the opportunity to be alone with or exercises
supervision or control over one or more individuals with
developmental disabilities.

(4)
"Disqualifying offense" means any of the offenses listed or
described in divisions (A)(3)(a) to (e) of section 109.572 of the
Revised Code.

(5)(a)
"Employee" means either of the following:

(i)
A person appointed to or employed by the department of developmental
disabilities or a county board of developmental disabilities;

(ii)
A person employed in a direct services position by a provider or
subcontractor.

(b)
"Employee" does not mean a person who provides only respite
care under a family support services program established under
section 5126.11 of the Revised Code if a family member of the
individual with a developmental disability who receives the respite
care selected the person.

(6)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

(7)
"Provider" means a person that provides specialized
services to individuals with developmental disabilities and employs
one or more persons in direct services positions.

(8)
"Responsible entity" means the following:

(a)
The department of developmental disabilities in the case of either of
the following:

(i)
A person who is an applicant because the person is under final
consideration for appointment to or employment with the department,
being transferred to the department, or being recalled to or
reemployed by the department after a layoff;

(ii)
A person who is an employee because the person is appointed to or
employed by the department.

(b)
A county board of developmental disabilities in the case of either of
the following:

(i)
A person who is an applicant because the person is under final
consideration for appointment to or employment with the county board,
being transferred to the county board, or being recalled to or
reemployed by the county board after a layoff;

(ii)
A person who is an employee because the person is appointed to or
employed by the county board.

(c)
A provider in the case of either of the following:

(i)
A person who is an applicant because the person is under final
consideration for a direct services position with the provider;

(ii)
A person who is an employee because the person is employed in a
direct services position by the provider.

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

(i)
A person who is an applicant because the person is under final
consideration for a direct services position with the subcontractor;

(ii)
A person who is an employee because the person is employed in a
direct services position by the subcontractor.

(9)
"Specialized services" means any program or service
designed and operated to serve primarily individuals with
developmental disabilities, including a program or service provided
by an entity licensed or certified by the department of developmental
disabilities. If there is a question as to whether a provider or
subcontractor is providing specialized services, the provider or
subcontractor may request that the director of developmental
disabilities make a determination. The director's determination is
final.

(10)
"Subcontractor" means a person to which both of the
following apply:

(a)
The person has either of the following:

(i)
A subcontract with a provider to provide specialized services
included in the contract between the provider and the department of
developmental disabilities or a county board of developmental
disabilities;

(ii)
A subcontract with another subcontractor to provide specialized
services included in a subcontract between the other subcontractor
and a provider or other subcontractor.

(b)
The person employs one or more persons in direct services positions.

(B)
A responsible entity shall not employ an applicant or continue to
employ an employee if either of the following applies:

(1)
The applicant or employee fails to comply with division (D)(3) of
this section.

(2)
Except as provided in rules adopted under this section, the applicant
or employee is found by a criminal records check required by this
section to have been convicted of, pleaded guilty to, or been found
eligible for intervention in lieu of conviction for a disqualifying
offense.

(C)
Before employing an applicant in a position for which a criminal
records check is required by this section, a responsible entity shall
require the applicant to submit a statement with the applicant's
signature attesting that the applicant has not been convicted of,
pleaded guilty to, or been found eligible for intervention in lieu of
conviction for a disqualifying offense. The responsible entity also
shall require the applicant to sign an agreement under which the
applicant agrees to notify the responsible entity within fourteen
calendar days if, while employed by the responsible entity, the
applicant is formally charged with, is convicted of, pleads guilty
to, or is found eligible for intervention in lieu of conviction for a
disqualifying offense. The agreement shall provide that the
applicant's failure to provide the notification may result in
termination of the applicant's employment.

(D)(1)
As a condition of employing any applicant in a position for which a
criminal records check is required by this section, a responsible
entity shall request the superintendent of the bureau of criminal
identification and investigation to conduct a criminal records check
of the applicant. If rules adopted under this section require an
employee to undergo a criminal records check, a responsible entity
shall request the superintendent to conduct a criminal records check
of the employee at times specified in the rules as a condition of the
responsible entity's continuing to employ the employee in a position
for which a criminal records check is required by this section. If an
applicant or employee does not present proof that the applicant or
employee has been a resident of this state for the five-year period
immediately prior to the date upon which the criminal records check
is requested, the responsible entity shall request that the
superintendent obtain information from the federal bureau of
investigation as a part of the criminal records check. If the
applicant or employee presents proof that the applicant or employee
has been a resident of this state for that five-year period, the
responsible entity may request that the superintendent include
information from the federal bureau of investigation in the criminal
records check. For purposes of this division, an applicant or
employee may provide proof of residency in this state by presenting,
with a statement asserting that the applicant or employee has been a
resident of this state for that five-year period, a valid driver's
license, notification of registration as an elector, a copy of an
officially filed federal or state tax form identifying the
applicant's or employee's permanent residence, or any other document
the responsible entity considers acceptable.

(2)
A responsible entity shall do all of the following:

(a)
Provide to each applicant and employee for whom a criminal records
check is required by this section a copy of the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code
and a standard impression sheet to obtain fingerprint impressions
prescribed pursuant to division (C)(2) of section 109.572 of the
Revised Code;

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

(c)
Forward the completed form and standard impression sheet to the
superintendent at the time the criminal records check is requested.

(3)
Any applicant or employee who receives pursuant to this division a
copy of the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and a copy of the standard impression
sheet prescribed pursuant to division (C)(2) of that section and who
is requested to complete the form and provide a set of the
applicant's or employee's fingerprint impressions shall complete the
form or provide all the information necessary to complete the form
and shall provide the standard impression sheet with the impressions
of the applicant's or employee's fingerprints.

(4)
A responsible entity shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for each
criminal records check requested and conducted pursuant to this
section.

(E)
A responsible entity may request any other state or federal agency to
supply the responsible entity with a written report regarding the
criminal record of an applicant or employee. If an employee holds an
occupational or professional license or other credentials, the
responsible entity may request that the state or federal agency that
regulates the employee's occupation or profession supply the
responsible entity with a written report of any information
pertaining to the employee's criminal record that the agency obtains
in the course of conducting an investigation or in the process of
renewing the employee's license or other credentials. The responsible
entity may consider the reports when determining whether to employ
the applicant or to continue to employ the employee.

(F)
As a condition of employing an applicant in a position for which a
criminal records check is required by this section and that involves
transporting individuals with developmental disabilities or operating
a responsible entity's vehicles for any purpose, the responsible
entity shall obtain the applicant's driving record from the bureau of
motor vehicles. If rules adopted under this section require a
responsible entity to obtain an employee's driving record, the
responsible entity shall obtain the employee's driving record from
the bureau at times specified in the rules as a condition of
continuing to employ the employee. The responsible entity may
consider the applicant's or employee's driving record when
determining whether to employ the applicant or to continue to employ
the employee.

(G)
A responsible entity may employ an applicant conditionally pending
receipt of a report regarding the applicant requested under this
section. The responsible entity shall request the report before
employing the applicant conditionally. The responsible entity shall
terminate the applicant's employment if it is determined from a
report that the applicant failed to inform the responsible entity
that the applicant had been convicted of, pleaded guilty to, or been
found eligible for intervention in lieu of conviction for a
disqualifying offense.

(H)
A responsible entity may charge an applicant a fee for costs the
responsible entity incurs in obtaining a report regarding the
applicant under this section if the responsible entity notifies the
applicant of the amount of the fee at the time of the applicant's
initial application for employment and that, unless the fee is paid,
the responsible entity will not consider the applicant for
employment. The fee shall not exceed the amount of the fee, if any,
the responsible entity pays for the report.

(I)(1)
Any report obtained pursuant to this section is not a public record
for purposes of section 149.43 of the Revised Code and shall not be
made available to any person, other than the following:

(a)
The applicant or employee who is the subject of the report or the
applicant's or employee's representative;

(b)
The responsible entity that requested the report or its
representative;

(c)
The department if a county board, provider, or subcontractor is the
responsible entity that requested the report and the department
requests the responsible entity to provide a copy of the report to
the department;

(d)
A county board if a provider or subcontractor is the responsible
entity that requested the report and the county board requests the
responsible entity to provide a copy of the report to the county
board;

(e)
Any court, hearing officer, or other necessary individual involved in
a case dealing with any of the following:

(i)
The denial of employment to the applicant or employee;

(ii)
The denial, suspension, or revocation of a certificate under section
5123.166 or 5123.45 of the Revised Code;

(iii)
A civil or criminal action regarding the medicaid program or a
program the department administers.

(2)
An applicant or employee for whom the responsible entity has obtained
reports under this section may submit a written request to the
responsible entity to have copies of the reports sent to any state
agency, entity of local government, or private entity. The applicant
or employee shall specify in the request the agencies or entities to
which the copies are to be sent. On receiving the request, the
responsible entity shall send copies of the reports to the agencies
or entities specified.

(3)
A responsible entity may request that a state agency, entity of local
government, or private entity send copies to the responsible entity
of any report regarding a records check or criminal records check
that the agency or entity possesses, if the responsible entity
obtains the written consent of the individual who is the subject of
the report.

(4)
A responsible entity shall provide each applicant and employee with a
copy of any report obtained about the applicant or employee under
this section.

(J)
(J)(1)

The director of developmental disabilities
shall

may

adopt
rules in accordance with Chapter 119. of the Revised Code to

implement
this section.

(1)
The rules may
do
the following:

(a)
Require employees to undergo criminal records checks under this
section;

(b)
Require responsible entities to obtain the driving records of
employees under this section;

(c)
If the rules require employees to undergo criminal records checks,
require responsible entities to obtain the driving records of
employees, or both, exempt one or more classes of employees from the
requirements.

(2)
The
rules

director
of developmental disabilities
shall

adopt
rules in accordance with Chapter 119. of the Revised Code to
do
all of the following:

(a)
If the rules require employees to undergo criminal records checks,
require responsible entities to obtain the driving records of
employees, or both, specify the times at which the criminal records
checks are to be conducted and the driving records are to be
obtained;

(b)
Specify circumstances under which a responsible entity may employ an
applicant or employee who is found by a criminal records check
required by this section to have been convicted of, pleaded guilty
to, or been found eligible for intervention in lieu of conviction for
a disqualifying offense but meets standards in regard to
rehabilitation set by the director;

(c)
Require a responsible entity to request a criminal records check
under this section before employing an applicant conditionally as
permitted under division (G) of this section.

Sec.
5123.09.
Subject
to the rules of the department of developmental disabilities, each

Each

institution
under the jurisdiction of the department shall be under the control
of a managing officer to be known as a superintendent or by other
appropriate title. The managing officer shall be appointed by the
director of developmental disabilities and shall be in the
unclassified service and serve at the pleasure of the director. Each
managing officer shall be of good moral character and have skill,
ability, and experience in the managing officer's profession.
Appointment to the position of managing officer of an institution may
be made from persons holding positions in the classified service in
the department.

The
managing officer, under the director, shall have entire executive
charge of the institution for which the managing officer is
appointed, except as provided in section 5119.44 of the Revised Code.
Subject to civil service rules

and rules adopted by the department
,
the managing officer shall appoint the necessary employees, and the
managing officer or the director may remove those employees for
cause. A report of all appointments, resignations, and discharges
shall be filed with the appropriate division at the close of each
month.

After
conference with the managing officer of each institution, the
director shall determine the number of employees to be appointed to
the various institutions and clinics.

Sec.
5123.093.
The
citizen's advisory councils established under section 5123.092 of the
Revised Code shall do all of the following:

(A)
Transmit to the director of developmental disabilities verbal or
written information, received from any person or organization
associated with the institution or within the community, that an
advisory council considers important;

(B)
Review the records of all applicants to any unclassified position at
the institution, except for resident physician positions filled under
section 5123.11 of the Revised Code;

(C)
Review and evaluate institutional employee training and continuing
education programs;

(D)
On or before the thirty-first day of January of each year, submit a
written report to the director of developmental disabilities
regarding matters affecting the institution including, but not
limited to, allegations of dehumanizing practices and violations of
individual or legal rights;

(E)
Review institutional budgets, programs, services, and planning;

(F)
Develop and maintain within the community relationships with
community developmental disabilities organizations;

(G)
Participate in the formulation of the institution's objectives,
administrative procedures, program philosophy, and long range goals;

(H)
Bring any matter that an advisory council considers important to the
attention of the director of developmental disabilities;

(I)
Recommend to the director of developmental disabilities persons for
appointment to citizen's advisory councils
;

(J)
Adopt any rules or procedures necessary to carry out this section
.

The
chairperson of the advisory council or the chairperson's designee
shall be notified within twenty-four hours of any alleged incident of
abuse to a resident or staff member by anyone. Incidents of resident
or staff abuse shall include, but not be limited to, sudden deaths,
accidents, suicides, attempted suicides, injury caused by other
persons, alleged criminal acts, errors in prescribing or
administering medication, theft from clients, fires, epidemic
disease, administering unprescribed drugs, unauthorized use of
restraint, withholding of information concerning alleged abuse,
neglect, or any deprivation of rights as defined in Chapter 5122. or
5123. of the Revised Code.

Sec.
5123.19.
(A)
As used in sections 5123.19 to 5123.20 of the Revised Code:

(1)
"Independent living arrangement" means an arrangement in
which an individual with a developmental disability resides in an
individualized setting chosen by the individual or the individual's
guardian, which is not dedicated principally to the provision of
residential services for individuals with developmental disabilities,
and for which no financial support is received for rendering such
service from any governmental agency by a provider of residential
services.

(2)
"Licensee" means the person or government agency that has
applied for a license to operate a residential facility and to which
the license was issued under this section.

(3)
"Political subdivision" means a municipal corporation,
county, or township.

(4)
"Related party" has the same meaning as in section 5123.16
of the Revised Code except that "provider" as used in the
definition of "related party" means a person or government
entity that held or applied for a license to operate a residential
facility, rather than a person or government entity certified to
provide supported living.

(5)(a)
Except as provided in division (A)(5)(b) of this section,
"residential facility" means a home or facility, including
an ICF/IID, in which an individual with a developmental disability
resides.

(b)
"Residential facility" does not mean any of the following:

(i)
The home of a relative or legal guardian in which an individual with
a developmental disability resides;

(ii)
A respite care home certified under section 5126.05 of the Revised
Code;

(iii)
A county home or district home operated pursuant to Chapter 5155. of
the Revised Code;

(iv)
A dwelling in which the only residents with developmental
disabilities are in independent living arrangements or are being
provided supported living;

(v)
A location registered as a pediatric transition care program under
section 3712.042 of the Revised Code.

(B)
Every person or government agency desiring to operate a residential
facility shall apply for licensure of the facility to the director of
developmental disabilities unless the residential facility is subject
to section 3721.02, 5103.03, 5119.33, or division (B)(1)(b) of
section 5119.34 of the Revised Code.

(C)(1)
Subject to section 5123.196 of the Revised Code, the director of
developmental disabilities shall license the operation of residential
facilities. An initial license shall be issued for a period that does
not exceed one year, unless the director denies the license under
division (D) of this section. A license shall be renewed for a period
that does not exceed three years, unless the director refuses to
renew the license under division (D) of this section. The director,
when issuing or renewing a license, shall specify the period for
which the license is being issued or renewed. A license remains valid
for the length of the licensing period specified by the director,
unless the license is terminated, revoked, or voluntarily
surrendered.

(2)
Notwithstanding sections 5123.043, 5123.196, and 5123.197 of the
Revised Code

and rules adopted under section 5123.04 of the Revised Code
,
the director shall issue a new license for a residential facility if
the facility meets the following conditions:

(a)
The residential facility will be certified as an ICF/IID;

(b)
The building in which the residential facility will be operated was
operated as a residential facility under a lease for not fewer than
twenty years before the date of application for a new license;

(c)
The former operator of the residential facility relocated the beds
previously in the facility to another site that will be licensed as a
residential facility;

(d)
The residential facility will be located in Preble, Clermont, or
Warren county;

(e)
The residential facility will contain eight beds;

(f)
The licensee will make a good faith effort to serve multi-system
youth or adults with severe behavioral challenges at the residential
facility or at one or more other residential facilities for which
licenses are issued under division (C) of this section.

(3)
The director shall issue not more than five licenses under division
(C)(2) of this section.

(D)
If it is determined that an applicant or licensee is not in
compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under such a provision,
the director may deny issuance of a license, refuse to renew a
license, terminate a license, revoke a license, issue an order for
the suspension of admissions to a facility, issue an order for the
placement of a monitor at a facility, issue an order for the
immediate removal of residents, or take any other action the director
considers necessary consistent with the director's authority under
this chapter regarding residential facilities. In the director's
selection and administration of the sanction to be imposed, all of
the following apply:

(1)
The director may deny, refuse to renew, or revoke a license, if the
director determines that the applicant or licensee has demonstrated a
pattern of serious noncompliance or that a violation creates a
substantial risk to the health and safety of residents of a
residential facility.

(2)
The director may terminate a license if more than twelve consecutive
months have elapsed since the residential facility was last occupied
by a resident or a notice required by division (J) of this section is
not given.

(3)
The director may issue an order for the suspension of admissions to a
facility for any violation that may result in sanctions under
division (D)(1) of this section and for any other violation specified
in rules adopted under division (G)(2) of this section. If the
suspension of admissions is imposed for a violation that may result
in sanctions under division (D)(1) of this section, the director may
impose the suspension before providing an opportunity for an
adjudication under Chapter 119. of the Revised Code. The director
shall lift an order for the suspension of admissions when the
director determines that the violation that formed the basis for the
order has been corrected.

(4)
The director may order the placement of a monitor at a residential
facility for any violation specified in rules adopted under division
(G)(2) of this section. The director shall lift the order when the
director determines that the violation that formed the basis for the
order has been corrected.

(5)
When the director initiates license revocation proceedings, no
opportunity for submitting a plan of correction shall be given. The
director shall notify the licensee by letter of the initiation of the
proceedings. The letter shall list the deficiencies of the
residential facility and inform the licensee that no plan of
correction will be accepted. The director shall also send a copy of
the letter to the county board of developmental disabilities. Except
in the case of a licensee that is an ICF/IID, the county board shall
send a copy of the letter to each of the following:

(a)
Each resident who receives services from the licensee;

(b)
The guardian of each resident who receives services from the licensee
if the resident has a guardian;

(c)
The parent or guardian of each resident who receives services from
the licensee if the resident is a minor.

(6)
Pursuant to rules which shall be adopted in accordance with Chapter
119. of the Revised Code, the director may order the immediate
removal of residents from a residential facility whenever conditions
at the facility present an immediate danger of physical or
psychological harm to the residents.

(7)
In determining whether a residential facility is being operated in
compliance with a provision of this chapter that applies to
residential facilities or the rules adopted under such a provision,
or whether conditions at a residential facility present an immediate
danger of physical or psychological harm to the residents, the
director may rely on information obtained by a county board of
developmental disabilities or other governmental agencies.

(8)
In proceedings initiated to deny, refuse to renew, or revoke
licenses, the director may deny, refuse to renew, or revoke a license
regardless of whether some or all of the deficiencies that prompted
the proceedings have been corrected at the time of the hearing.

(E)(1)
Except as provided in division (E)(2) of this section, appeals from
proceedings initiated to impose a sanction under division (D) of this
section shall be conducted in accordance with Chapter 119. of the
Revised Code.

(2)
Appeals from proceedings initiated to order the suspension of
admissions to a facility shall be conducted in accordance with
Chapter 119. of the Revised Code, unless the order was issued before
providing an opportunity for an adjudication, in which case all of
the following apply:

(a)
The licensee may request a hearing not later than ten days after
being served in accordance with sections 119.05 and 119.07 of the
Revised Code.

(b)
If a timely request for a hearing that includes the licensee's
current address is made, the hearing shall commence not later than
thirty days after the department receives the request.

(c)
After commencing, the hearing shall continue uninterrupted, except
for Saturdays, Sundays, and legal holidays, unless other
interruptions are agreed to by the licensee and the director.

(d)
If the hearing is conducted by a hearing examiner, the hearing
examiner shall file a report and recommendations not later than ten
days after the last of the following:

(i)
The close of the hearing;

(ii)
If a transcript of the proceedings is ordered, the hearing examiner
receives the transcript;

(iii)
If post-hearing briefs are timely filed, the hearing examiner
receives the briefs.

(e)
A copy of the written report and recommendation of the hearing
examiner shall be sent, by certified mail, to the licensee and the
licensee's attorney, if applicable, not later than five days after
the report is filed.

(f)
Not later than five days after the hearing examiner files the report
and recommendations, the licensee may file objections to the report
and recommendations.

(g)
Not later than fifteen days after the hearing examiner files the
report and recommendations, the director shall issue an order
approving, modifying, or disapproving the report and recommendations.

(h)
Notwithstanding the pendency of the hearing, the director shall lift
the order for the suspension of admissions when the director
determines that the violation that formed the basis for the order has
been corrected.

(F)
Neither a person or government agency whose application for a license
to operate a residential facility is denied nor a related party of
the person or government agency may apply for a license to operate a
residential facility before the date that is five years after the
date of the denial. Neither a licensee whose residential facility
license is revoked nor a related party of the licensee may apply for
a residential facility license before the date that is five years
after the date of the revocation.

(G)
In accordance with Chapter 119. of the Revised Code, the director
shall adopt and may amend and rescind rules
for
licensing and regulating the operation of residential facilities. The
rules for residential facilities that are ICFs/IID may differ from
those for other residential facilities. The rules shall
that

establish
and specify the following:

(1)
Procedures and criteria for issuing and renewing
residential
facility
licenses,
including procedures and criteria for determining the length of the
licensing period that the director must specify for each license when
it is issued or renewed;

(2)
Procedures and criteria for denying, refusing to renew, terminating,
and revoking licenses and for ordering the suspension of admissions
to a facility, placement of a monitor at a facility, and the
immediate removal of residents from a facility;

(3)
Fees for issuing and renewing licenses, which shall be deposited into
the program fee fund created under section 5123.033 of the Revised
Code;

(4)
Procedures for surveying residential facilities;

(5)
Classifications for the various types of residential facilities;

(6)
The maximum number of individuals who may be served in a particular
type of residential facility;

(7)
Uniform procedures for admission of individuals to and transfers and
discharges of individuals from residential facilities;

(8)

Other
standards for the operation of residential facilities and the
services provided at residential facilities;

(9)

Procedures
for waiving any provision of any rule adopted under this section.

The
rules for residential facilities that are ICFs/IID may differ from
those for other residential facilities.

(H)(1)
Before issuing a license, the director shall conduct a survey of the
residential facility for which application is made. The director
shall conduct a survey of each licensed residential facility at least
once during the period the license is valid and may conduct
additional inspections as needed. A survey includes but is not
limited to an on-site examination and evaluation of the residential
facility, its personnel, and the services provided there. The
director may assign to a county board of developmental disabilities
or the department of health the responsibility to conduct any survey
or inspection under this section.

(2)
In conducting surveys, the director shall be given access to the
residential facility; all records, accounts, and any other documents
related to the operation of the facility; the licensee; the residents
of the facility; and all persons acting on behalf of, under the
control of, or in connection with the licensee. The licensee and all
persons on behalf of, under the control of, or in connection with the
licensee shall cooperate with the director in conducting the survey.

(3)
Following each survey, the director shall provide the licensee with a
report listing the date of the survey, any citations issued as a
result of the survey, and the statutes or rules that purportedly have
been violated and are the bases of the citations. The director shall
also do both of the following:

(a)
Specify a date by which the licensee may appeal any of the citations;

(b)
When appropriate, specify a timetable within which the licensee must
submit a plan of correction describing how the problems specified in
the citations will be corrected and, the date by which the licensee
anticipates the problems will be corrected.

(4)
If the director initiates a proceeding to revoke a license, the
director shall include the report required by division (H)(3) of this
section with the notice of the proposed revocation the director sends
to the licensee. In this circumstance, the licensee may not submit a
plan of correction.

(5)
After a plan of correction is submitted, the director shall approve
or disapprove the plan. If the plan of correction is approved, a copy
of the approved plan shall be provided, not later than five business
days after it is approved, to any person or government entity who
requests it and made available on the internet web site maintained by
the department of developmental disabilities. If the plan of
correction is not approved and the director initiates a proceeding to
revoke the license, a copy of the survey report shall be provided to
any person or government entity that requests it and shall be made
available on the internet web site maintained by the department.

(6)
The director shall initiate disciplinary action against any
department employee who notifies or causes the notification to any
unauthorized person of an unannounced survey of a residential
facility by an authorized representative of the department.

(I)
In addition to any other information which may be required of
applicants for a license pursuant to this section, the director shall
require each applicant to provide a copy of an approved plan for a
proposed residential facility pursuant to section 5123.042 of the
Revised Code. This division does not apply to renewal of a license or
to an applicant for an initial or modified license who meets the
requirements of section 5123.197 of the Revised Code.

(J)(1)
A licensee shall notify the owner of the building in which the
licensee's residential facility is located of any significant change
in the identity of the licensee or management contractor before the
effective date of the change if the licensee is not the owner of the
building.

(2)
Pursuant to rules, which shall be adopted in accordance with Chapter
119. of the Revised Code, the director may require notification to
the department of any significant change in the ownership of a
residential facility or in the identity of the licensee or management
contractor. If the director determines that a significant change of
ownership is proposed, the director shall consider the proposed
change to be an application for development by a new operator
pursuant to section 5123.042 of the Revised Code and shall advise the
applicant within sixty days of the notification that the current
license shall continue in effect or a new license will be required
pursuant to this section. If the director requires a new license, the
director shall permit the facility to continue to operate under the
current license until the new license is issued, unless the current
license is revoked, refused to be renewed, or terminated in
accordance with Chapter 119. of the Revised Code.

(3)
A licensee shall transfer to the new licensee or management
contractor all records related to the residents of the facility
following any significant change in the identity of the licensee or
management contractor.

(K)
A county board of developmental disabilities and any interested
person may file complaints alleging violations of statute or
department rule relating to residential facilities with the
department. All complaints shall state the facts constituting the
basis of the allegation. The department shall not reveal the source
of any complaint unless the complainant agrees in writing to waive
the right to confidentiality or until so ordered by a court of
competent jurisdiction.

The
department shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing procedures for the receipt, referral,
investigation, and disposition of complaints filed with the
department under this division.

(L)
Before issuing a license under this section to a residential facility
that will accommodate at any time more than one individual with a
developmental disability, the director shall, by first class mail,
notify the following:

(1)
If the facility will be located in a municipal corporation, the clerk
of the legislative authority of the municipal corporation;

(2)
If the facility will be located in unincorporated territory, the
clerk of the appropriate board of county commissioners and the fiscal
officer of the appropriate board of township trustees.

The
director shall not issue the license for ten days after mailing the
notice, excluding Saturdays, Sundays, and legal holidays, in order to
give the notified local officials time in which to comment on the
proposed issuance.

Any
legislative authority of a municipal corporation, board of county
commissioners, or board of township trustees that receives notice
under this division of the proposed issuance of a license for a
residential facility may comment on it in writing to the director
within ten days after the director mailed the notice, excluding
Saturdays, Sundays, and legal holidays. If the director receives
written comments from any notified officials within the specified
time, the director shall make written findings concerning the
comments and the director's decision on the issuance of the license.
If the director does not receive written comments from any notified
local officials within the specified time, the director shall
continue the process for issuance of the license.

(M)
Any person may operate a licensed residential facility that provides
room and board, personal care, habilitation services, and supervision
in a family setting for at least six but not more than eight
individuals with developmental disabilities as a permitted use in any
residential district or zone, including any single-family residential
district or zone, of any political subdivision. These residential
facilities may be required to comply with area, height, yard, and
architectural compatibility requirements that are uniformly imposed
upon all single-family residences within the district or zone.

(N)
Any person may operate a licensed residential facility that provides
room and board, personal care, habilitation services, and supervision
in a family setting for at least nine but not more than sixteen
individuals with developmental disabilities as a permitted use in any
multiple-family residential district or zone of any political
subdivision, except that a political subdivision that has enacted a
zoning ordinance or resolution establishing planned unit development
districts may exclude these residential facilities from those
districts, and a political subdivision that has enacted a zoning
ordinance or resolution may regulate these residential facilities in
multiple-family residential districts or zones as a conditionally
permitted use or special exception, in either case, under reasonable
and specific standards and conditions set out in the zoning ordinance
or resolution to:

(1)
Require the architectural design and site layout of the residential
facility and the location, nature, and height of any walls, screens,
and fences to be compatible with adjoining land uses and the
residential character of the neighborhood;

(2)
Require compliance with yard, parking, and sign regulation;

(3)
Limit excessive concentration of these residential facilities.

(O)
This section does not prohibit a political subdivision from applying
to residential facilities nondiscriminatory regulations requiring
compliance with health, fire, and safety regulations and building
standards and regulations.

(P)
Divisions (M) and (N) of this section are not applicable to municipal
corporations that had in effect on June 15, 1977, an ordinance
specifically permitting in residential zones licensed residential
facilities by means of permitted uses, conditional uses, or special
exception, so long as such ordinance remains in effect without any
substantive modification.

(Q)(1)
The director may issue an interim license to operate a residential
facility to an applicant for a license under this section if either
of the following is the case:

(a)
The director determines that an emergency exists requiring immediate
placement of individuals in a residential facility, that insufficient
licensed beds are available, and that the residential facility is
likely to receive a permanent license under this section within
thirty days after issuance of the interim license.

(b)
The director determines that the issuance of an interim license is
necessary to meet a temporary need for a residential facility.

(2)
To be eligible to receive an interim license, an applicant must meet
the same criteria that must be met to receive a permanent license
under this section, except for any differing procedures and time
frames that may apply to issuance of a permanent license.

(3)
An interim license shall be valid for thirty days and may be renewed
by the director for a period not to exceed one hundred eighty days.

(4)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code
as
the director considers necessary to administer
regarding

the
issuance of interim licenses.

(R)
Notwithstanding rules adopted pursuant to this section establishing
the maximum number of individuals who may be served in a particular
type of residential facility, a residential facility shall be
permitted to serve the same number of individuals being served by the
facility on the effective date of the rules or the number of
individuals for which the facility is authorized pursuant to a
current application for a certificate of need with a letter of
support from the department of developmental disabilities and which
is in the review process prior to April 4, 1986.

This
division does not preclude the department from suspending new
admissions to a residential facility pursuant to a written order
issued under section 5124.70 of the Revised Code.

(S)
The director may enter at any time, for purposes of investigation,
any home, facility, or other structure that has been reported to the
director or that the director has reasonable cause to believe is
being operated as a residential facility without a license issued
under this section.

The
director may petition the court of common pleas of the county in
which an unlicensed residential facility is located for an order
enjoining the person or governmental agency operating the facility
from continuing to operate without a license. The court may grant the
injunction on a showing that the person or governmental agency named
in the petition is operating a residential facility without a
license. The court may grant the injunction, regardless of whether
the residential facility meets the requirements for receiving a
license under this section.

Sec.
5123.194.
In
the case of an individual who resides in a residential facility and
is preparing to move into an independent living arrangement and the
individual's liable relative, the department of developmental
disabilities may waive the support collection requirements of
sections 5121.04 and 5123.122 of the Revised Code for the purpose of
allowing income or resources to be used to acquire items necessary
for independent living. The department shall adopt rules in
accordance with section 111.15 of the Revised Code
to
implement this section, including rules
that
establish the method the department shall use to determine when an
individual is preparing to move into an independent living
arrangement.

Sec.
5123.196.
(A)
Except as provided in division (E) of this section, the director of
developmental disabilities shall not issue a license under section
5123.19 of the Revised Code on or after July 1, 2003, if issuance
will result in there being more beds in all residential facilities
licensed under that section than is permitted under division (B) of
this section.

(B)
The maximum number of beds for the purpose of division (A) of this
section shall not exceed ten thousand eight hundred thirty-eight
minus, except as provided in division (C) of this section, both of
the following:

(1)
The number of such beds that cease to be residential facility beds on
or after July 1, 2003, because a residential facility license is
revoked, terminated, or not renewed for any reason or is surrendered
in accordance with section 5123.19 of the Revised Code;

(2)
The number of such beds for which a licensee voluntarily converts to
use for supported living on or after July 1, 2003.

(C)
The director is not required to reduce the maximum number of beds
pursuant to division (B) of this section by a bed that ceases to be a
residential facility bed if the director determines that the bed is
needed to provide services to an individual with a developmental
disability who resided in the residential facility in which the bed
was located.

(D)
The director shall maintain an up-to-date written record of the
maximum number of residential facility beds provided for by division
(B) of this section.

(E)
The director may issue an interim license under division (Q) of
section 5123.19 of the Revised Code and issue, pursuant to rules
adopted under division
(G)(9)
(G)(8)

of that section, a waiver allowing a residential facility to admit
more residents than the facility is licensed to admit regardless of
whether the interim license or waiver will result in there being more
beds in all residential facilities licensed under that section than
is permitted under division (B) of this section.

Sec.
5123.35.
(A)
There is hereby created the Ohio developmental disabilities council,
which shall serve as an advocate for all persons with developmental
disabilities. The council shall act in accordance with the
"Developmental Disabilities Assistance and Bill of Rights Act of
2000," 42 U.S.C. 15001. The governor shall appoint the members
of the council in accordance with 42 U.S.C. 15025.

(B)
The council shall develop the state plan required by federal law as a
condition of receiving federal assistance under 42 U.S.C. 15021 to
15029. The department of developmental disabilities, as the state
agency selected by the governor for purposes of receiving the federal
assistance, shall receive, account for, and disburse funds based on
the state plan and shall provide assurances and other administrative
support services required as a condition of receiving the federal
assistance.

(C)
The federal funds may be disbursed through grants to or contracts
with persons and government agencies for the provision of necessary
or useful goods and services for persons with developmental
disabilities. The council may award the grants or enter into the
contracts.

(D)
The council may award grants to or enter into contracts with a member
of the council or an entity that the member represents if all of the
following apply:

(1)
The member serves on the council as a representative of one of the
principal state agencies concerned with services for persons with
developmental disabilities as specified in 42 U.S.C. 15025(b)(4), a
representative of a university affiliated program as defined in 42
U.S.C. 15002(5), or a representative of the Ohio protection and
advocacy system, as defined in section 5123.60 of the Revised Code.

(2)
The council determines that the member or the entity the member
represents is capable of providing the goods or services specified
under the terms of the grant or contract.

(3)
The member has not taken part in any discussion or vote of the
council related to awarding the grant or entering into the contract,
including service as a member of a review panel established by the
council to award grants or enter into contracts or to make
recommendations with regard to awarding grants or entering into
contracts.

(E)
A member of the council is not in violation of Chapter 102. or
section 2921.42 of the Revised Code with regard to receiving a grant
or entering into a contract under this section if the requirements of
division (D) of this section have been met.

(F)(1)
Notwithstanding division (C) of section 121.22 of the Revised Code,
the requirement for a member's presence in person at a meeting in
order to be part of a quorum or to vote does not apply if the council
holds a meeting by interactive video conference and all of the
following apply:

(a)
A primary meeting location that is open and accessible to the public
is established for the meeting of the council;

(b)
A clear video and audio connection is established that enables all
meeting participants at the primary meeting location to witness the
participation of each member;

(c)
The minutes of the council identify which members participated by
interactive video conference.

(2)
Notwithstanding division (C) of section 121.22 of the Revised Code,
the requirement for a member's presence in person at a meeting in
order to be part of a quorum or to vote does not apply if the council
holds a meeting by teleconference and all of the following apply:

(a)
The council has determined its membership does not have access to and
the council cannot provide access to the equipment needed to conduct
interactive video conferencing;

(b)
A primary meeting location that is open and accessible to the public
is established for the meeting of the council;

(c)
A clear audio connection is established that enables all meeting
participants at the primary meeting location to hear the
participation of each member;

(d)
The minutes of the council identify which members participated by
teleconference.

(3)
The council shall adopt
any

rules

the council considers necessary to implement this section. The rules
shall be adopted

in accordance with Chapter 119. of the Revised Code
.
At a minimum, the rules shall
that

do all of the following:

(a)
Authorize council members to remotely attend a council meeting by
interactive video conference or teleconference in lieu of attending
the meeting in person;

(b)
Establish a minimum number of members required to be physically
present in person at the primary meeting location if the council
conducts a meeting by interactive video conference or teleconference;

(c)
Establish a policy for distributing and circulating necessary
documents to council members, the public, and the media in advance of
a meeting at which members are permitted to attend by interactive
video conference or teleconference;

(d)
Establish a method for verifying the identity of a member who
remotely attends a meeting by teleconference.

Sec.
5123.351.
The
director of developmental disabilities, with respect to the
eligibility for state reimbursement of expenses incurred by
facilities and programs established and operated under Chapter 5126.
of the Revised Code for persons with developmental disabilities,
shall do all of the following:

(A)

Make
rules that may be necessary to carry out the purposes of Chapter
5126. and sections 5123.35, 5123.351, and 5123.36 of the Revised
Code;

(B)

Define
minimum standards for qualifications of personnel, professional
services, and in-service training and educational leave programs;

(C)
(B)

Review and evaluate community programs and make recommendations for
needed improvements to county boards of developmental disabilities
and to program directors;

(D)
(C)

Withhold state reimbursement, in whole or in part, from any county or
combination of counties for failure to comply with Chapter 5126. or
section 5123.35 or 5123.351 of the Revised Code or rules of the
department of developmental disabilities;

(E)
(D)

Withhold state funds from an agency, corporation, or association
denying or rendering service on the basis of race, color, sex,
religion, ancestry, national origin, disability as defined in section
4112.01 of the Revised Code, or inability to pay;

(F)
(E)

Provide consultative staff service to communities to assist in
ascertaining needs and in planning and establishing programs.

Sec.
5123.40.
There
is hereby created in the state treasury the services fund for
individuals with developmental disabilities. On the death of the
beneficiary of a trust created pursuant to section 5815.28 of the
Revised Code, the portion of the remaining assets of the trust
specified in the trust instrument shall be deposited to the credit of
the fund.

Money
credited to the fund shall be used for individuals with developmental
disabilities.

In accordance with Chapter 119. of the Revised Code, the department
of developmental disabilities may adopt any rules necessary to
implement this section.

Sec.
5123.42.
(A)
Developmental disabilities personnel who are not specifically
authorized by other provisions of the Revised Code to administer
medications or perform health-related activities may do so pursuant
to this section as part of the specialized services the developmental
disabilities personnel provide to individuals with developmental
disabilities in the following categories:

(1)
Recipients of early intervention, preschool, and school-age services
offered or provided pursuant to this chapter or Chapter 5126. of the
Revised Code;

(2)
Recipients of adult services, if the services are received in a
setting where seventeen or more individuals receive the services and
the services are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(3)
Recipients of adult services, if the services are received in a
setting where not more than sixteen individuals receive the services
and the services are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(4)
Recipients of family support services offered or provided pursuant to
this chapter or Chapter 5126. of the Revised Code;

(5)
Recipients of services from certified supported living providers, if
the services are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(6)
Recipients of residential support services from certified home and
community-based services providers, if the services are received in a
community living arrangement that includes not more than four
individuals with developmental disabilities and the services are
offered or provided pursuant to this chapter or Chapter 5126. of the
Revised Code;

(7)
Recipients of services not included in divisions (A)(1) to (6) of
this section that are offered or provided pursuant to this chapter or
Chapter 5126. of the Revised Code;

(8)
Residents of a residential facility with not more than five resident
beds;

(9)
Residents of a residential facility with at least six resident beds.

(B)(1)
In the case of individuals described in divisions (A)(1) to (9) of
this section, developmental disabilities personnel may do all of the
following without nursing delegation and without a certificate issued
under section 5123.45 of the Revised Code:

(a)
Activate a vagus nerve stimulator;

(b)
To treat anaphylaxis, administer prescribed epinephrine either by
autoinjector or intranasally;

(c)
Administer topical over-the-counter medications for the purpose of
cleaning, protecting, or comforting the skin, hair, nails, teeth, or
oral surfaces, but not for the purpose of treating an open wound or a
condition that requires a medical diagnosis, including a fungal
infection.

(2)
The authority of developmental disabilities personnel to perform the
health-related activity or administer the medications described in
division (B)(1) of this section is subject to all of the following:

(a)
Developmental disabilities personnel shall successfully complete the
training course or courses developed under section 5123.43 of the
Revised Code for developmental disabilities personnel. Developmental
disabilities personnel shall perform the health-related activity or
administer the medications described in division (B)(1) of this
section only as authorized by the training completed.

(b)
The employer of developmental disabilities personnel shall ensure
that the personnel have been trained specifically with respect to
each individual for whom they perform the health-related activity or
administer the medications described in division (B)(1) of this
section. Developmental disabilities personnel shall not perform such
an activity or administer such medications for any individual for
whom they have not been specifically trained.

(c)
If the employer of developmental disabilities personnel believes that
the personnel have not or will not safely perform the health-related
activity or administer the medications described in division (B)(1)
of this section, the employer shall prohibit the developmental
disabilities personnel from continuing or commencing to do so.
Developmental disabilities personnel shall not engage in the action
or actions subject to an employer's prohibition.

(d)
Developmental disabilities personnel shall activate a vagus nerve
stimulator, administer prescribed epinephrine either by autoinjector
or intranasally, or administer topical over-the-counter medications
in accordance with the manufacturer's instructions.

(C)(1)
In the case of recipients of early intervention, preschool, and
school-age services, as specified in division (A)(1) of this section,
all of the following apply:

(a)
With nursing delegation, developmental disabilities personnel may
perform health-related activities.

(b)
With nursing delegation, developmental disabilities personnel may
administer oral and topical prescribed medications and topical
over-the-counter musculoskeletal medications.

(c)
With nursing delegation, developmental disabilities personnel may
administer oxygen and metered dose inhaled medications.

(d)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications through gastrostomy and jejunostomy
tubes, if the tubes being used are stable and labeled.

(e)
With nursing delegation, developmental disabilities personnel may
administer routine doses of insulin through subcutaneous injections,
inhalation, and insulin pumps.

(f)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications for the treatment of metabolic
glycemic disorders through subcutaneous injections.

(2)
In the case of individuals described in divisions (A)(2), (7), and
(9) of this section, all of the following apply:

(a)
With nursing delegation, developmental disabilities personnel may
perform health-related activities.

(b)
With nursing delegation, developmental disabilities personnel may
administer oral and topical prescribed medications and topical
over-the-counter musculoskeletal medications.

(c)
With nursing delegation, developmental disabilities personnel may
administer oxygen and metered dose inhaled medications.

(d)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications through gastrostomy and jejunostomy
tubes, if the tubes being used are stable and labeled.

(e)
With nursing delegation, developmental disabilities personnel may
administer routine doses of insulin through subcutaneous injections,
inhalation, and insulin pumps.

(f)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications for the treatment of metabolic
glycemic disorders through subcutaneous injections.

(3)
In the case of individuals described in divisions (A)(3), (4), (5),
(6), and (8) of this section, all of the following apply:

(a)
Without nursing delegation, developmental disabilities personnel may
perform health-related activities.

(b)
Without nursing delegation, developmental disabilities personnel may
administer oral and topical prescribed medications and topical
over-the-counter musculoskeletal medications.

(c)
Without nursing delegation, developmental disabilities personnel may
administer oxygen and metered dose inhaled medications.

(d)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications through gastrostomy and jejunostomy
tubes, if the tubes being used are stable and labeled.

(e)
With nursing delegation, developmental disabilities personnel may
administer routine doses of insulin through subcutaneous injections,
inhalation, and insulin pumps.

(f)
With nursing delegation, developmental disabilities personnel may
administer prescribed medications for the treatment of metabolic
glycemic disorders through subcutaneous injections.

(D)
The authority of developmental disabilities personnel to administer
medications and perform health-related activities pursuant to
division (C) of this section is subject to all of the following:

(1)
To administer medications or perform health-related activities for
individuals in the categories specified under divisions (A)(1) to (9)
of this section, developmental disabilities personnel shall obtain
the certificate or certificates required by the department of
developmental disabilities and issued under section 5123.45 of the
Revised Code. Developmental disabilities personnel shall administer
medications and perform health-related activities only as authorized
by the certificate or certificates held.

(2)
If nursing delegation is required under division (C) of this section,
developmental disabilities personnel shall not act without nursing
delegation or in a manner that is inconsistent with the delegation.

(3)
The employer of developmental disabilities personnel shall ensure
that the personnel have been trained specifically with respect to
each individual for whom they administer medications or perform
health-related activities. Developmental disabilities personnel shall
not administer medications or perform health-related activities for
any individual for whom they have not been specifically trained.

(4)
If the employer of developmental disabilities personnel believes that
the developmental disabilities personnel have not or will not safely
administer medications or perform health-related activities, the
employer shall prohibit the personnel from continuing or commencing
to do so. Developmental disabilities personnel shall not engage in
the action or actions subject to an employer's prohibition.

(E)
In accordance with section 5123.46 of the Revised Code, the
department of developmental disabilities shall adopt rules
governing
its implementation of this section. The rules shall include
that
establish both of
the
following:

(1)
Requirements for documentation of the administration of medications
and performance of health-related activities by developmental
disabilities personnel pursuant to the authority granted under this
section;

(2)
Procedures for reporting errors that occur in the administration of
medications and performance of health-related activities by
developmental disabilities personnel pursuant to the authority
granted under this section
;

(3)
Other standards and procedures the department considers necessary for
implementation of this section
.

Sec.
5123.43.
(A)
The department of developmental disabilities shall develop courses
for the training of developmental disabilities personnel in the
administration of medications and performance of health-related
activities pursuant to the authority granted under section 5123.42 of
the Revised Code. The department may develop separate or combined
training courses for the administration of prescribed medications,
administration of over-the-counter medications, and performance of
health-related activities. Training in the administration of
prescribed medications through gastrostomy and jejunostomy tubes, the
administration of insulin, the administration of medications for the
treatment of metabolic glycemic disorders, the activation of a vagal
nerve stimulator, and the administration of epinephrine through an
autoinjector may be developed as separate courses or included in a
course providing training in the administration of other prescribed
medications.

(B)(1)
The department shall adopt rules in accordance with section 5123.46
of the Revised Code that specify the content and length of the
training courses developed under this section.

The rules may include any other standards the department considers
necessary for the training courses.

(2)
In adopting rules that specify the content of a training course or
part of a training course that trains developmental disabilities
personnel in the administration of prescribed medications, the
department shall ensure that the content includes all of the
following:

(a)
Infection control and universal precautions;

(b)
Correct and safe practices, procedures, and techniques for
administering prescribed medications;

(c)
Assessment of drug reaction, including known side effects,
interactions, and the proper course of action if a side effect
occurs;

(d)
The requirements for documentation of medications administered to
each individual;

(e)
The requirements for documentation and notification of medication
errors;

(f)
Information regarding the proper storage and care of medications;

(g)
Information about proper receipt of prescriptions and transcription
of prescriptions into an individual's medication administration
record;

(h)
Course completion standards that require successful demonstration of
proficiency in administering prescribed medications
;

(i)
Any other material or course completion standards that the department
considers relevant to the administration of prescribed medications by
developmental disabilities personnel
.

Sec.
5123.44.
The
department of developmental disabilities shall develop courses that
train registered nurses to provide the developmental disabilities
personnel training courses developed under section 5123.43 of the
Revised Code. The department may develop courses that train
registered nurses to provide all of the courses developed under
section 5123.43 of the Revised Code or any one or more of the courses
developed under that section.

The
department shall adopt rules in accordance with section 5123.46 of
the Revised Code that specify the content and length of the training
courses.

The rules may include any other standards the department considers
necessary for the training courses.

Sec.
5123.45.
(A)
The department of developmental disabilities shall establish a
program under which the department issues certificates to the
following:

(1)
Developmental disabilities personnel, for purposes of meeting the
requirement of division (D)(1) of section 5123.42 of the Revised Code
to obtain a certificate or certificates to administer medications and
perform health-related activities pursuant to the authority granted
under division (C) of that section;

(2)
Registered nurses, for purposes of meeting the requirement of
division (B) of section 5123.441 of the Revised Code to obtain a
certificate or certificates to provide the developmental disabilities
personnel training courses developed under section 5123.43 of the
Revised Code.

(B)
To receive a certificate issued under this section, developmental
disabilities personnel and registered nurses shall successfully
complete the applicable training course or courses and meet all other
applicable requirements established in rules adopted pursuant to this
section. The department shall issue the appropriate certificate or
certificates to developmental disabilities personnel and registered
nurses who meet the requirements for the certificate or certificates.
The department shall issue the appropriate certificate or
certificates in accordance with Chapter 4796. of the Revised Code to
an applicant if either of the following applies:

(1)
The applicant holds a certificate or certificates issued by another
state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as developmental disabilities personnel in a state that does
not issue that certificate.

(C)
Certificates issued to developmental disabilities personnel are valid
for one year and may be renewed. Certificates issued to registered
nurses are valid for two years and may be renewed.

To
be eligible for renewal, developmental disabilities personnel and
registered nurses shall meet the applicable continued competency
requirements and continuing education requirements specified in rules
adopted under division (D) of this section. In the case of registered
nurses, continuing nursing education completed in compliance with the
license renewal requirements established under Chapter 4723. of the
Revised Code may be counted toward meeting the continuing education
requirements established in the rules adopted under division (D) of
this section.

(D)
In accordance with section 5123.46 of the Revised Code, the
department shall adopt rules that establish all of the following:

(1)
Requirements that developmental disabilities personnel and registered
nurses must meet to be eligible to take a training course, including
having sufficient written and oral English skills to communicate
effectively and reliably with patients, their families, and other
medical professionals;

(2)
Standards that must be met to receive a certificate, including
requirements pertaining to an applicant's criminal background;

(3)
Procedures to be followed in applying for a certificate and issuing a
certificate;

(4)
Standards and procedures for renewing a certificate, including
requirements for continuing education and, in the case of
developmental disabilities personnel who administer prescribed
medications, standards that require successful demonstration of
proficiency in administering prescribed medications
;

(5)
Any other standards or procedures the department considers necessary
to administer the certification program
.

Sec.
5123.54.
The
director of developmental disabilities shall adopt rules under
Chapter 119. of the Revised Code to
implement
sections 5123.51, 5123.52, and 5123.53 of the Revised Code. The rules
shall
establish
rehabilitation standards for the purposes of section 5123.53 of the
Revised Code and specify circumstances, other than meeting the
standards, that constitute good cause for the purposes of that
section.

Sec.
5123.65.
In
addition to the rights specified in section 5123.62 of the Revised
Code, individuals with developmental disabilities who can safely
self-administer medication or receive assistance with
self-administration of medication have the right to self-administer
medication or receive assistance with the self-administration of
medication.
The
department of developmental disabilities shall adopt rules as it
considers necessary to implement and enforce this section. The rules
shall be adopted in accordance with Chapter 119. of the Revised Code.

Sec.
5124.01.
As
used in this chapter:

(A)
"Addition" means an increase in an ICF/IID's square
footage.

(B)
"Affiliated operator" means an operator affiliated with
either of the following:

(1)
The exiting operator for whom the affiliated operator is to assume
liability for the entire amount of the exiting operator's debt under
the medicaid program or the portion of the debt that represents the
franchise permit fee the exiting operator owes;

(2)
The entering operator involved in the change of operator with the
exiting operator specified in division (B)(1) of this section.

(C)
"Allowable costs" means an ICF/IID's costs that the
department of developmental disabilities determines are reasonable.
Fines paid under section 5124.99 of the Revised Code are not
allowable costs.

(D)
"Capital costs" means an ICF/IID's costs of ownership and
costs of nonextensive renovation.

(E)
"Case-mix score" means the measure determined under section
5124.192 or 5124.193 of the Revised Code of the relative direct-care
resources needed to provide care and habilitation to an ICF/IID
resident.

(F)
"Change of operator" means an entering operator becoming
the operator of an ICF/IID in the place of the exiting operator.

(1)
Actions that constitute a change of operator include the following:

(a)
A change in an exiting operator's form of legal organization,
including the formation of a partnership or corporation from a sole
proprietorship;

(b)
A transfer of all the exiting operator's ownership interest in the
operation of the ICF/IID to the entering operator, regardless of
whether ownership of any or all of the real property or personal
property associated with the ICF/IID is also transferred;

(c)
A lease of the ICF/IID to the entering operator or the exiting
operator's termination of the exiting operator's lease;

(d)
If the exiting operator is a partnership, dissolution of the
partnership;

(e)
If the exiting operator is a partnership, a change in composition of
the partnership unless both of the following apply:

(i)
The change in composition does not cause the partnership's
dissolution under state law.

(ii)
The partners agree that the change in composition does not constitute
a change in operator.

(f)
If the operator is a corporation, dissolution of the corporation, a
merger of the corporation into another corporation that is the
survivor of the merger, or a consolidation of one or more other
corporations to form a new corporation.

(2)
The following, alone, do not constitute a change of operator:

(a)
A contract for an entity to manage an ICF/IID as the operator's
agent, subject to the operator's approval of daily operating and
management decisions;

(b)
A change of ownership, lease, or termination of a lease of real
property or personal property associated with an ICF/IID if an
entering operator does not become the operator in place of an exiting
operator;

(c)
If the operator is a corporation, a change of one or more members of
the corporation's governing body or transfer of ownership of one or
more shares of the corporation's stock, if the same corporation
continues to be the operator.

(G)
"Cost center" means the following:

(1)
Capital costs;

(2)
Direct care costs;

(3)
Indirect care costs;

(4)
Other protected costs.

(H)(1)
Except as provided in division (H)(2) of this section, "cost
report year" means the calendar year immediately preceding the
calendar year in which a fiscal year for which a medicaid payment
rate determination is made begins.

(2)
When a cost report the department of developmental disabilities
accepts under division (A) or (C)(1)(b) of section 5124.101 of the
Revised Code is used in determining an ICF/IID's medicaid payment
rate, "cost report year" means the period that the cost
report covers.

(I)
"Costs of nonextensive renovations" means the actual
expense incurred by an ICF/IID for depreciation or amortization and
interest on renovations approved by the department of developmental
disabilities as nonextensive renovations.

(J)(1)
"Costs of ownership" means the actual expenses incurred by
an ICF/IID for all of the following:

(a)
Subject to division (J)(2) of this section, depreciation and interest
on any capital assets that cost five hundred dollars or more per
item, including the following:

(i)
Buildings;

(ii)
Building improvements that are not approved as nonextensive
renovations for the purpose of section 5124.17 of the Revised Code;

(iii)
Equipment;

(iv)
Transportation equipment.

(b)
Amortization and interest on land improvements and leasehold
improvements;

(c)
Amortization of financing costs;

(d)
Except as provided in division (AA) of this section, lease and rent
of land, building, and equipment.

(2)
The costs of capital assets of less than five hundred dollars per
item may be considered costs of ownership in accordance with an
ICF/IID provider's practice.

(K)(1)
"Date of licensure" means the following:

(a)
In the case of an ICF/IID that was originally licensed as a nursing
home under Chapter 3721. of the Revised Code, the date that it was
originally so licensed, regardless that it was subsequently licensed
as a residential facility under section 5123.19 of the Revised Code;

(b)
In the case of an ICF/IID that was originally licensed as a
residential facility under section 5123.19 of the Revised Code, the
date it was originally so licensed;

(c)
In the case of an ICF/IID that was not required by law to be licensed
as a nursing home or residential facility when it was originally
operated as a residential facility, the date it first was operated as
a residential facility, regardless of the date the ICF/IID was first
licensed as a nursing home or residential facility.

(2)
If, after an ICF/IID's original date of licensure, more residential
facility beds are added to the ICF/IID or all or part of the ICF/IID
undergoes an extensive renovation, the ICF/IID has a different date
of licensure for the additional beds or extensively renovated portion
of the ICF/IID. This does not apply, however, to additional beds when
both of the following apply:

(a)
The additional beds are located in a part of the ICF/IID that was
constructed at the same time as the continuing beds already located
in that part of the ICF/IID.

(b)
The part of the ICF/IID in which the additional beds are located was
constructed as part of the ICF/IID at a time when the ICF/IID was not
required by law to be licensed as a nursing home or residential
facility.

(3)
The definition of "date of licensure" in this section
applies in determinations of ICFs/IID's medicaid payment rates but
does not apply in determinations of ICFs/IID's franchise permit fees
under sections 5168.60 to 5168.71 of the Revised Code.

(L)
"Desk-reviewed" means that an ICF/IID's costs as reported
on a cost report filed under section 5124.10 or 5124.101 of the
Revised Code have been subjected to a desk review under section
5124.108 of the Revised Code and preliminarily determined to be
allowable costs.

(M)
"Developmental center" means a residential facility that is
maintained and operated by the department of developmental
disabilities.

(N)
"Direct care costs" means all of the following costs
incurred by an ICF/IID:

(1)
Costs for registered nurses, licensed practical nurses, and nurse
aides employed by the ICF/IID;

(2)
Costs for direct care staff, administrative nursing staff, medical
directors, respiratory therapists, physical therapists, physical
therapy assistants, occupational therapists, occupational therapy
assistants, speech therapists, audiologists, habilitation staff
(including habilitation supervisors), qualified intellectual
disability professionals, program directors, social services staff,
activities staff, psychologists, psychology assistants, social
workers, counselors, and other persons holding degrees qualifying
them to provide therapy;

(3)
Costs of purchased nursing services;

(4)
Costs of training and staff development, employee benefits, payroll
taxes, and workers' compensation premiums or costs for self-insurance
claims and related costs as specified in rules adopted under section

5124.03

5124.19

of
the Revised Code, for personnel listed in divisions (N)(1), (2), and
(3) of this section;

(5)
Costs of quality assurance;

(6)
Costs of consulting and management fees related to direct care;

(7)
Allocated direct care home office costs;

(8)
Costs of off-site day programming, including day programming that is
provided in an area that is not certified by the director of health
as an ICF/IID under Title XIX and regardless of either of the
following:

(a)
Whether or not the area in which the day programming is provided is
less than two hundred feet away from the ICF/IID;

(b)
Whether or not the day programming is provided by an individual or
organization that is a related party to the ICF/IID provider.

(9)
Costs of other direct-care resources that are specified as direct
care costs in rules adopted under section
5124.03

5124.19

of
the Revised Code.

(O)
"Downsized ICF/IID" means an ICF/IID that permanently
reduced its medicaid-certified capacity pursuant to a plan approved
by the department of developmental disabilities under section
5123.042 of the Revised Code.

(P)
"Effective date of a change of operator" means the day the
entering operator becomes the operator of the ICF/IID.

(Q)
"Effective date of a facility closure" means the last day
that the last of the residents of the ICF/IID resides in the ICF/IID.

(R)
"Effective date of an involuntary termination" means the
date the department of medicaid terminates the operator's provider
agreement for the ICF/IID or the last day that such a provider
agreement is in effect when the department cancels or refuses to
revalidate it.

(S)
"Effective date of a voluntary termination" means the day
the ICF/IID ceases to accept medicaid recipients.

(T)
"Entering operator" means the person or government entity
that will become the operator of an ICF/IID when a change of operator
occurs or following an involuntary termination.

(U)
"Exiting operator" means any of the following:

(1)
An operator that will cease to be the operator of an ICF/IID on the
effective date of a change of operator;

(2)
An operator that will cease to be the operator of an ICF/IID on the
effective date of a facility closure;

(3)
An operator of an ICF/IID that is undergoing or has undergone a
voluntary termination;

(4)
An operator of an ICF/IID that is undergoing or has undergone an
involuntary termination.

(V)(1)
Subject to divisions (V)(2) and (3) of this section, "facility
closure" means either of the following:

(a)
Discontinuance of the use of the building, or part of the building,
that houses the facility as an ICF/IID that results in the relocation
of all of the facility's residents;

(b)
Conversion of the building, or part of the building, that houses an
ICF/IID to a different use with any necessary license or other
approval needed for that use being obtained and one or more of the
facility's residents remaining in the facility to receive services
under the new use.

(2)
A facility closure occurs regardless of any of the following:

(a)
The operator completely or partially replacing the ICF/IID by
constructing a new ICF/IID or transferring the ICF/IID's license to
another ICF/IID;

(b)
The ICF/IID's residents relocating to another of the operator's
ICFs/IID;

(c)
Any action the department of health takes regarding the ICF/IID's
medicaid certification that may result in the transfer of part of the
ICF/IID's survey findings to another of the operator's ICFs/IID;

(d)
Any action the department of developmental disabilities takes
regarding the ICF/IID's license under section 5123.19 of the Revised
Code.

(3)
A facility closure does not occur if all of the ICF/IID's residents
are relocated due to an emergency evacuation and one or more of the
residents return to a medicaid-certified bed in the ICF/IID not later
than thirty days after the evacuation occurs.

(W)
"Fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.

(X)
"Franchise permit fee" means the fee imposed by sections
5168.60 to 5168.71 of the Revised Code.

(Y)
"Home and community-based services" has the same meaning as
in section 5123.01 of the Revised Code.

(Z)
"ICF/IID services" has the same meaning as in 42 C.F.R.
440.150.

(AA)(1)
"Indirect care costs" means all reasonable costs incurred
by an ICF/IID other than capital costs, direct care costs, and other
protected costs. "Indirect care costs" includes costs of
habilitation supplies, pharmacy consultants, medical and habilitation
records, program supplies, incontinence supplies, food, enterals,
dietary supplies and personnel, laundry, housekeeping, security,
administration, liability insurance, bookkeeping, purchasing
department, human resources, communications, travel, dues, license
fees, subscriptions, home office costs not otherwise allocated, legal
services, accounting services, minor equipment, maintenance and
repair expenses, help-wanted advertising, informational advertising,
start-up costs, organizational expenses, other interest, property
insurance, employee training and staff development, employee
benefits, payroll taxes, and workers' compensation premiums or costs
for self-insurance claims and related costs, as specified in rules
adopted under section
5124.03

5124.21

of
the Revised Code, for personnel listed in this division.
Notwithstanding division (J) of this section, "indirect care
costs" also means the cost of equipment, including vehicles,
acquired by operating lease executed before December 1, 1992, if the
costs are reported as administrative and general costs on the
ICF/IID's cost report for the cost reporting period ending December
31, 1992.

(2)
For the purpose of division (AA)(1) of this section, an operating
lease shall be construed in accordance with generally accepted
accounting principles.

(BB)
"Inpatient days" means both of the following:

(1)
All days during which a resident, regardless of payment source,
occupies a bed in an ICF/IID that is included in the ICF/IID's
medicaid-certified capacity;

(2)
All days for which payment is made under section 5124.34 of the
Revised Code.

(CC)
"Intermediate care facility for individuals with intellectual
disabilities" and "ICF/IID" mean an intermediate care
facility for the mentally retarded as defined in the "Social
Security Act," section 1905(d), 42 U.S.C. 1396d(d).

(DD)
"Involuntary termination" means the department of
medicaid's termination of, cancellation of, or refusal to revalidate
the operator's provider agreement for the ICF/IID when such action is
not taken at the operator's request.

(EE)
"Maintenance and repair expenses" means expenditures that
are necessary and proper to maintain an asset in a normally efficient
working condition and that do not extend the useful life of the asset
two years or more. "Maintenance and repair expenses"
includes the costs of ordinary repairs such as painting and
wallpapering.

(FF)
"Medicaid-certified capacity" means the number of an
ICF/IID's beds that are certified for participation in medicaid as
ICF/IID beds.

(GG)
"Medicaid days" means both of the following:

(1)
All days during which a resident who is a medicaid recipient eligible
for ICF/IID services occupies a bed in an ICF/IID that is included in
the ICF/IID's medicaid-certified capacity;

(2)
All days for which payment is made under section 5124.34 of the
Revised Code.

(HH)(1)
"New ICF/IID" means an ICF/IID for which the provider
obtains an initial provider agreement following the director of
health's medicaid certification of the ICF/IID, including such an
ICF/IID that replaces one or more ICFs/IID for which a provider
previously held a provider agreement.

(2)
"New ICF/IID" does not mean either of the following:

(a)
An ICF/IID for which the entering operator seeks a provider agreement
pursuant to section 5124.511 or 5124.512 or (pursuant to section
5124.515) section 5124.07 of the Revised Code;

(b)
A downsized ICF/IID or partially converted ICF/IID.

(II)
"Nursing home" has the same meaning as in section 3721.01
of the Revised Code.

(JJ)
"Operator" means the person or government entity
responsible for the daily operating and management decisions for an
ICF/IID.

(KK)
"Other protected costs" means costs incurred by an ICF/IID
for medical supplies; real estate, franchise, and property taxes;
natural gas, fuel oil, water, electricity, sewage, and refuse and
hazardous medical waste collection; allocated other protected home
office costs; and any additional costs defined as other protected
costs in rules adopted under section
5124.03

5124.23

of
the Revised Code.

(LL)(1)
"Owner" means any person or government entity that has at
least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following regarding
an ICF/IID:

(a)
The land on which the ICF/IID is located;

(b)
The structure in which the ICF/IID is located;

(c)
Any mortgage, contract for deed, or other obligation secured in whole
or in part by the land or structure on or in which the ICF/IID is
located;

(d)
Any lease or sublease of the land or structure on or in which the
ICF/IID is located.

(2)
"Owner" does not mean a holder of a debenture or bond
related to an ICF/IID and purchased at public issue or a regulated
lender that has made a loan related to the ICF/IID unless the holder
or lender operates the ICF/IID directly or through a subsidiary.

(MM)
"Partially converted ICF/IID" means an ICF/IID that
converted some, but not all, of its beds to providing home and
community-based services under the individual options waiver pursuant
to section 5124.60 or 5124.61 of the Revised Code.

(NN)
For the purpose of the total per medicaid day payment rate determined
for an ICF/IID under division (A) of section 5124.15 of the Revised
Code and the initial total per medicaid day payment rate determined
for a new ICF/IID under section 5124.151 of the Revised Code:

(1)
"Peer group 1" means each ICF/IID with a medicaid-certified
capacity exceeding sixteen.

(2)
"Peer group 2" means each ICF/IID with a medicaid-certified
capacity exceeding eight but not exceeding sixteen.

(3)
"Peer group 3" means each ICF/IID with a medicaid-certified
capacity of seven or eight.

(4)
"Peer group 4" means each ICF/IID with a medicaid-certified
capacity not exceeding six, other than an ICF/IID that is in peer
group 5-A.

(5)
"Peer group 5" means each ICF/IID to which all of the
following apply:

(a)
The ICF/IID is first certified as an ICF/IID after July 1, 2014.

(b)
The ICF/IID has a medicaid-certified capacity not exceeding six.

(c)
The ICF/IID has a contract with the department of developmental
disabilities that is for fifteen years and includes a provision for
the department to approve all admissions to, and discharges from, the
ICF/IID.

(d)
The ICF/IID's residents are admitted to the ICF/IID directly from a
developmental center or have been determined by the department to be
at risk of admission to a developmental center.

(6)
"Peer group 6" means each ICF/IID to which all of the
following apply:

(a)
The ICF/IID has submitted a best practices protocol for providing
services to youth up to twenty-one years of age in need of intensive
behavior support services that has been approved by the department of
developmental disabilities.

(b)
The ICF/IID, or a distinct unit of the ICF/IID, has a
medicaid-certified capacity not exceeding six.

(c)
The ICF/IID has a contract with the department that includes a
provision for the department to approve all admissions to the
ICF/IID.

(d)
The ICF/IID has agreed to be reimbursed in accordance with the
reimbursement methodology established under the rules authorized by
section
5124.03

5124.15

of
the Revised Code.

(OO)(1)
Except as provided in division (OO)(2) of this section, "per
diem" means an ICF/IID's desk-reviewed, actual, allowable costs
in a given cost center in a cost reporting period, divided by the
facility's inpatient days for that cost reporting period.

(2)
When determining indirect care costs for the purpose of section
5124.21 of the Revised Code, "per diem" means an ICF/IID's
actual, allowable indirect care costs in a cost reporting period
divided by the greater of the ICF/IID's inpatient days for that
period or the number of inpatient days the ICF/IID would have had
during that period if its occupancy rate had been eighty-five per
cent.

(PP)
"Provider" means an operator with a valid provider
agreement.

(QQ)
"Provider agreement" means a provider agreement, as defined
in section 5164.01 of the Revised Code, that is between the
department of medicaid and the operator of an ICF/IID for the
provision of ICF/IID services under the medicaid program.

(RR)
"Purchased nursing services" means services that are
provided in an ICF/IID by registered nurses, licensed practical
nurses, or nurse aides who are not employees of the ICF/IID.

(SS)
"Reasonable" means that a cost is an actual cost that is
appropriate and helpful to develop and maintain the operation of
resident care facilities and activities, including normal standby
costs, and that does not exceed what a prudent buyer pays for a given
item or services. Reasonable costs may vary from provider to provider
and from time to time for the same provider.

(TT)
"Related party" means an individual or organization that,
to a significant extent, has common ownership with, is associated or
affiliated with, has control of, or is controlled by, a provider.

(1)
An individual who is a relative of an owner is a related party.

(2)
Common ownership exists when an individual or individuals possess
significant ownership or equity in both the provider and the other
organization. Significant ownership or equity exists when an
individual or individuals possess five per cent ownership or equity
in both the provider and a supplier. Significant ownership or equity
is presumed to exist when an individual or individuals possess ten
per cent ownership or equity in both the provider and another
organization from which the provider purchases or leases real
property.

(3)
Control exists when an individual or organization has the power,
directly or indirectly, to significantly influence or direct the
actions or policies of an organization.

(4)
An individual or organization that supplies goods or services to a
provider shall not be considered a related party if all of the
following conditions are met:

(a)
The supplier is a separate bona fide organization.

(b)
A substantial part of the supplier's business activity of the type
carried on with the provider is transacted with others than the
provider and there is an open, competitive market for the types of
goods or services the supplier furnishes.

(c)
The types of goods or services are commonly obtained by other
ICFs/IID from outside organizations and are not a basic element of
resident care ordinarily furnished directly to residents by the
ICFs/IID.

(d)
The charge to the provider is in line with the charge for the goods
or services in the open market and no more than the charge made under
comparable circumstances to others by the supplier.

(UU)
"Relative of owner" means an individual who is related to
an owner of an ICF/IID by one of the following relationships:

(1)
Spouse;

(2)
Natural parent, child, or sibling;

(3)
Adopted parent, child, or sibling;

(4)
Stepparent, stepchild, stepbrother, or stepsister;

(5)
Father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, or sister-in-law;

(6)
Grandparent or grandchild;

(7)
Foster caregiver, foster child, foster brother, or foster sister.

(VV)
For the purpose of determining an ICF/IID's per medicaid day capital
component rate under section 5124.17 of the Revised Code,
"renovation" means an ICF/IID's betterment, improvement, or
restoration, other than an addition, through a capital expenditure.

(WW)
"Residential facility" has the same meaning as in section
5123.19 of the Revised Code.

(XX)
"Secondary building" means a building or part of a
building, other than an ICF/IID, in which the owner of one or more
ICFs/IID has administrative work regarding the ICFs/IID performed or
records regarding the ICFs/IID stored.

(YY)
"Sponsor" means an adult relative, friend, or guardian of
an ICF/IID resident who has an interest or responsibility in the
resident's welfare.

(ZZ)
"Title XIX" means Title XIX of the "Social Security
Act," 42 U.S.C. 1396, et seq.

(AAA)
"Title XVIII" means Title XVIII of the "Social
Security Act," 42 U.S.C. 1395, et seq.

(BBB)
"Voluntary termination" means an operator's voluntary
election to terminate the participation of an ICF/IID in the medicaid
program but to continue to provide service of the type provided by a
residential facility as defined in section 5123.19 of the Revised
Code.

Sec.
5124.08.
(A)
Every provider agreement with an ICF/IID provider shall do both of
the following:

(1)
Except as provided by division (B) of this section, include any part
of the ICF/IID that meets federal and state standards for medicaid
certification;

(2)
Prohibit the provider from doing either of the following:

(a)
Discriminating against a resident on the basis of race, color, sex,
creed, or national origin;

(b)
Subject to division (D) of this section, failing or refusing to do
either of the following:

(i)
Admit as a resident of the ICF/IID an individual because the
individual is, or may (as a resident of the ICF/IID) become, a
medicaid recipient if less than eighty per cent of the ICF/IID's
residents are medicaid recipients;

(ii)
Retain as a resident of the ICF/IID an individual because the
individual is, or may (as a resident of the ICF/IID) become, a
medicaid recipient.

(B)
Unless otherwise required by federal law, an ICF/IID bed is not
required to be included in a provider agreement if the bed is
designated for respite care under a medicaid waiver component
operated pursuant to a waiver sought under section 5166.20 of the
Revised Code.

(C)
For the purpose of division (A)(2)(b)(ii) of this section, a medicaid
recipient who is a resident of an ICF/IID shall be considered a
resident of the ICF/IID during any hospital stays totaling less than
twenty-five days during any twelve-month period. A medicaid recipient
identified by the department of developmental disabilities or its
designee as requiring the level of care of an ICF/IID shall not be
subject to a maximum period of absences during which the recipient is
considered to be an ICF/IID resident if prior authorization of the
department for visits with relatives and friends and participation in
therapeutic programs is obtained in accordance with rules adopted
under
this

section

5124.03 of the Revised Code
.

(D)
Nothing in this section shall bar a provider from doing any of the
following:

(1)
If the provider is a religious organization operating a religious or
denominational ICF/IID, giving preference to persons of the same
religion or denomination;

(2)
Giving preference to persons with whom the provider has contracted to
provide continuing care;

(3)
Retaining residents who have resided in the provider's ICF/IID for
not less than one year as private pay residents and who subsequently
become medicaid recipients but refusing to admit as a resident an
individual who is, or may (as a resident of the ICF/IID) become, a
medicaid recipient, if all of the following apply:

(a)
The provider does not refuse to retain a resident who has resided in
the provider's ICF/IID for not less than one year as a private pay
resident because the resident becomes a medicaid recipient, except as
necessary to comply with division (D)(3)(b) of this section.

(b)
The number of medicaid recipients retained under division (D)(3) of
this section does not at any time exceed ten per cent of all the
ICF/IID's residents.

(c)
On July 1, 1980, all the ICF/IID's residents were private pay
residents.

(E)
No provider shall violate the provider agreement obligations imposed
by this section.

(F)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing a
process by which an ICF/IID resident may obtain prior authorization
for visits with relatives and friends and participation in
therapeutic programs pursuant to division (C) of this section.

Sec.
5124.10.
(A)
Except as provided in division (D) of this section and divisions
(C)(2) and (4) of section 5124.101 of the Revised Code, each ICF/IID
provider shall file with the department of developmental disabilities
an annual cost report for each of the provider's ICFs/IID for which
the provider has a valid provider agreement. The cost report for a
year shall cover the calendar year or portion of the calendar year
during which the ICF/IID participated in the medicaid program. Except
as provided in division (E) of this section, the cost report is due
not later than ninety days after the end of the calendar year, or
portion of the calendar year, that the cost report covers.

(B)(1)
If an ICF/IID undergoes a change of provider that the department
determines, in accordance with rules adopted under
this

section

5124.03 of the Revised Code
,
is not an arms length transaction, the new provider shall file the
ICF/IID's cost report in accordance with division (A) of this section
and the cost report shall cover the portion of the calendar year
during which the new provider operated the ICF/IID and the portion of
the calendar year during which the previous provider operated the
ICF/IID.

(2)
If an ICF/IID undergoes a change of provider that the department
determines, in accordance with rules adopted under
this

section

5124.03 of the Revised Code
,
is an arms length transaction, the new provider shall file with the
department a cost report for the ICF/IID not later than, except as
provided in division (E) of this section, ninety days after the end
of the ICF/IID's first three full calendar months of operation under
the new provider. The cost report shall cover the period that begins
with the ICF/IID's first day of operation under the new provider and
ends on the first day of the month immediately following the first
three full months of operation under the new provider.

(C)
If the medicaid payment rate for a new ICF/IID was most recently
determined in accordance with section 5124.151 of the Revised Code,
the provider shall file with the department a cost report for the new
ICF/IID not later than, except as provided in division (E) of this
section, ninety days after the end of the new ICF/IID's first three
full calendar months of operation. The cost report shall cover the
period that begins with the ICF/IID's first day of operation and ends
on the first day of the month immediately following the first three
full months of operation.

(D)
An ICF/IID provider is not required to file a cost report for an
ICF/IID for a calendar year in accordance with division (A) of this
section if the provider files a cost report for the ICF/IID under
division (B)(2) or (C) of this section and that cost report covers a
period that begins after the first day of October of that calendar
year. The provider shall file a cost report for the ICF/IID in
accordance with division (A) of this section for the immediately
following calendar year.

(E)
The department may grant to a provider a fourteen-day extension to
file a cost report under this section or section 5124.101 of the
Revised Code if the provider provides the department a written
request for the extension and the department determines that there is
good cause for the extension.

(F)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code regarding how the
department will determine if a change of provider is an arms length
transaction for the purposes of division (B) of this section.

Sec.
5124.105.
(A)

The
department of developmental disabilities shall develop an addendum to
the cost report form that an ICF/IID provider may use to set forth
costs that the provider believes the department may dispute. The
department may consider such costs in determining an ICF/IID's
medicaid payment rate. If the department does not consider such costs
in determining an ICF/IID's medicaid payment rate, the provider may
seek reconsideration of the determination in accordance with section
5124.38 of the Revised Code. If the department subsequently includes
such costs in an ICF/IID's medicaid payment rate, the department
shall pay the provider interest at a reasonable rate established in
rules adopted under

this

section
5124.03
of the Revised Code
for
the period that the rate excluded the costs.

(B)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing a
reasonable interest rate to pay a provider in the circumstances
described in division (A) of this section.

Sec.
5124.109.
(A)
The department of developmental disabilities may conduct an audit, as
defined in rules adopted under

this

section

5124.03 of the Revised Code
,
of any cost report filed under section 5124.10, 5124.101, or 5124.522
of the Revised Code. The decision whether to conduct an audit and the
scope of the audit, which may be a desk or field audit, may be
determined based on prior performance of the provider, a risk
analysis, or other evidence that gives the department reason to
believe that the provider has reported costs improperly. A desk or
field audit may be performed annually, but is required whenever a
provider does not pass the risk analysis tolerance factors.

(B)
Audits shall be conducted by auditors under contract with the
department, auditors working for firms under contract with the
department, or auditors employed by the department.

The
department may establish a contract for the auditing of ICFs/IID by
outside firms. Each contract entered into by bidding shall be
effective for one to two years.

(C)
The department shall notify a provider of the findings of an audit of
a cost report by issuing an audit report. The department shall issue
the audit report not later than three years after the earlier of the
following:

(1)
The date the cost report is filed;

(2)
The date a desk or field audit of the cost report or a cost report
for a subsequent cost reporting period is completed.

(D)
The department shall prepare a written summary of any audit
disallowance that is made after the effective date of the rate that
is based on the cost. Where the provider is pursuing judicial or
administrative remedies in good faith regarding the disallowance, the
department shall not withhold from the provider's current payments
any amounts the department claims to be due from the provider
pursuant to section 5124.41 of the Revised Code.

(E)(1)
The department shall establish an audit manual and program for field
audits conducted under this section. Each auditor conducting a field
audit under this section shall follow the audit manual and program,
regardless of whether the auditor is under contract with the
department, works for a firm under contract with the department, or
is employed by the department. The manual and program shall do both
of the following:

(a)
Require each field audit to be conducted by an auditor to whom all of
the following apply:

(i)
During the period of the auditor's contract, firm's contract, or
auditor's employment with the department, the auditor or firm does
not have and is not committed to acquire any direct or indirect
financial interest in the ownership, financing, or operation of
ICFs/IID in this state.

(ii)
The auditor does not audit any provider that has been a client of the
auditor or the auditor's firm.

(iii)
The auditor is otherwise independent as determined by the standards
of independence included in the government auditing standards
produced by the United States government accountability office.

(b)
Require each auditor conducting a field audit to do all of the
following:

(i)
Comply with applicable rules prescribed pursuant to Title XIX;

(ii)
Consider generally accepted auditing standards prescribed by the
American institute of certified public accountants;

(iii)
Include a written summary as to whether the costs included in the
cost report examined during the audit are allowable and are presented
in accordance with state and federal laws and regulations, and
whether, in all material respects, allowable costs are documented,
reasonable, and related to patient care;

(iv)
Complete the audit within the time period specified by the
department;

(v)
Provide to the provider complete written interpretations that explain
in detail the application of all relevant contract provisions,
regulations, auditing standards, rate formulae, and departmental
policies, with explanations and examples, that are sufficient to
permit the provider to calculate with reasonable certainty those
costs that are allowable and the rate to which the provider's ICF/IID
is entitled.

(2)
For the purpose of division (E)(1)(a)(i) of this section, employment
of a member of an auditor's family by an ICF/IID that the auditor
does not audit does not constitute a direct or indirect financial
interest in the ownership, financing, or operation of the ICF/IID.

(F)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing a
definition of cost report audits pursuant to division (A) of this
section.

Sec.
5124.15.
(A)
Except as otherwise provided by section 5124.101 of the Revised Code,
sections 5124.151 to 5124.154 of the Revised Code, and division (B)
of this section, the total per medicaid day payment rate that the
department of developmental disabilities shall pay to an ICF/IID
provider for ICF/IID services the provider's ICF/IID provides during
a fiscal year shall equal the sum of all of the following:

(1)
The per medicaid day capital component rate determined for the
ICF/IID under section 5124.17 of the Revised Code;

(2)
The per medicaid day direct care costs component rate determined for
the ICF/IID under section 5124.19 of the Revised Code;

(3)
The per medicaid day indirect care costs component rate determined
for the ICF/IID under section 5124.21 of the Revised Code;

(4)
The per medicaid day other protected costs component rate determined
for the ICF/IID under section 5124.23 of the Revised Code;

(5)
The sum of the following:

(a)
The per medicaid day quality incentive payment determined for the
ICF/IID under section 5124.24 of the Revised Code;

(b)
A direct support personnel payment equal to two and four-hundredths
per cent of the ICF/IID's desk-reviewed, actual, allowable, per
medicaid day direct care costs from the applicable cost report year;

(c)
For state fiscal year 2026, a professional workforce development
payment equal to ten and four hundred five thousandths per cent of
the ICF/IID's desk-reviewed, actual, allowable, per medicaid day
direct care costs from the applicable cost report year.

(B)
The department shall adjust the total per medicaid day payment rate
otherwise determined for an ICF/IID under this section as directed by
the general assembly through the enactment of law governing medicaid
payments to ICF/IID providers.

(C)(1)
In addition to paying an ICF/IID provider the total per medicaid day
payment rate determined for the provider's ICF/IID under divisions
(A) and (B) of this section for a fiscal year, the department may do
either or both of the following:

(a)
In accordance with section 5124.25 of the Revised Code, pay the
provider a rate add-on for ventilator-dependent outlier ICF/IID
services if the rate add-on is to be paid under that section and the
department approves the provider's application for the rate add-on;

(b)
In accordance with section 5124.26 of the Revised Code, pay the
provider for outlier ICF/IID services the ICF/IID provides to
residents identified as needing intensive behavioral health support
services if the rate add-on is to be paid under that section and the
department approves the provider's application for the rate add-on.

(2)
The rate add-ons are not to be part of the ICF/IID's total per
medicaid day payment rate.

(D)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code establishing a
reimbursement methodology to use when reimbursing ICFs/IID.

Sec.
5124.152.
(A)
The total per medicaid day payment rate determined under section
5124.15 of the Revised Code shall not be paid for ICF/IID services
provided by an ICF/IID, or discrete unit of an ICF/IID, designated by
the department of developmental disabilities as an outlier ICF/IID or
unit. Instead, the provider of a designated outlier ICF/IID or unit
shall be paid each fiscal year a total per medicaid day payment rate
that the department shall prospectively determine in accordance with
a methodology established in rules authorized by this section.

(B)
The department may designate an ICF/IID, or discrete unit of an
ICF/IID, as an outlier ICF/IID or unit if the ICF/IID or unit serves
residents who have either of the following:

(1)
Diagnoses or special care needs that require direct care resources
that are not measured adequately by the resident assessment
instrument specified in rules authorized by section 5124.191 of the
Revised Code;

(2)
Diagnoses or special care needs that are specified in rules
authorized by this section as otherwise qualifying for consideration
under this section.

(C)
Notwithstanding any other provision of this chapter, the costs
incurred by a designated outlier ICF/IID or unit shall not be
considered in establishing medicaid payment rates for other ICFs/IID
or units.

(D)
The
(D)(1)(a)
To the extent authorized by section 5162.021 of the Revised Code the

director
of developmental disabilities shall adopt rules
under
section 5124.03 of the Revised Code as necessary to implement this
section.

(1)(a)
The rules shall
in
accordance with Chapter 119. of the Revised Code that

do both of the following:

(i)
Specify the criteria and procedures the department will apply when
designating an ICF/IID, or discrete unit of an ICF/IID, as an outlier
ICF/IID or unit;

(ii)
Establish a methodology for prospectively determining the total per
medicaid day payment rate that will be paid each fiscal year for
ICF/IID services provided by a designated outlier ICF/IID or unit.

(b)
The rules adopted under division (D)(1)(a)(i) of this section
regarding the criteria for designating outlier ICFs/IID and units
shall do both of the following:

(i)
Provide for consideration of whether all of the allowable costs of an
ICF/IID, or discrete unit of an ICF/IID, would be paid by the rate
determined under section 5124.15 of the Revised Code;

(ii)
Specify the minimum number of ICF/IID beds that an ICF/IID, or
discrete unit of an ICF/IID, must have to be designated an outlier
ICF/IID or unit.

(c)
The rules authorized by division (D)(1)(a)(i) of this section
regarding the criteria for designating outlier ICFs/IID and units
shall not limit the designation to ICFs/IID, or discrete units of
ICFs/IID, located in large cities.

(d)
The rules authorized by division (D)(1)(a)(ii) of this section
regarding the methodology for prospectively determining the rates of
designated outlier ICFs/IID and units shall provide for the
methodology to consider the historical costs of providing ICF/IID
services to the residents of designated outlier ICFs/IID and units.

(2)(a)

The

To
the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities may adopt
rules

may
in
accordance with Chapter 119. of the Revised Code that

do both of the following:

(i)
Include for designation as an outlier ICF/IID or unit, an ICF/IID, or
discrete unit of an ICF/IID, that serves residents who have complex
medical conditions or severe behavioral problems;

(ii)
Require that a designated outlier ICF/IID or unit receive
authorization from the department before admitting or retaining a
resident.

(b)
If the director adopts rules authorized by division (D)(2)(a)(ii) of
this section regarding the authorization of a designated outlier
ICF/IID or unit to admit or retain a resident, the rules shall
specify the criteria and procedures the department will apply when
granting the authorization.

Sec.
5124.153.
(A)
To the extent, if any, provided for in rules authorized by this
section, the total per medicaid day payment rate determined under
section 5124.15 of the Revised Code shall not be paid for ICF/IID
services that an ICF/IID not designated as an outlier ICF/IID or unit
provides to a resident who meets the criteria for admission to a
designated outlier ICF/IID or unit, as specified in rules authorized
by section 5124.152 of the Revised Code. Instead, the provider of an
ICF/IID providing ICF/IID services to such a resident shall be paid
each fiscal year a total per medicaid day payment rate that the
department shall prospectively determine in accordance with a
methodology established in rules authorized by this section.

(B)

The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities may adopt rules
under
section 5124.03 of the Revised Code to implement this section. The
rules may
in
accordance with Chapter 119. of the Revised Code to
require
that an ICF/IID receive authorization from the department before
admitting or retaining a resident who meets the criteria for
admission to a designated outlier ICF/IID or unit. If the director
adopts such rules, the rules shall specify the criteria and
procedures the department will apply when granting the authorization.

Sec.
5124.17.
(A)
For each fiscal year, the department of developmental disabilities
shall determine each ICF/IID's per medicaid day capital component
rate. An ICF/IID's rate for a fiscal year shall equal the sum of the
following:

(1)
The lesser of the following:

(a)
The sum of all of the following:

(i)
The ICF/IID's per diem fair rental value rate for the fiscal year as
determined under division (B) of this section;

(ii)
The ICF/IID's per diem equipment rate for the fiscal year as
determined under division (D) of this section;

(iii)
The ICF/IID's per diem secondary building rate for the fiscal year as
determined under division (E) of this section.

(b)
The sum determined for the fiscal year under division (G) of this
section.

(2)
The ICF/IID's per diem nonextensive renovation rate for the fiscal
year as determined under division (H) of this section.

(B)
An ICF/IID's per diem fair rental value rate for a fiscal year is the
quotient of the following:

(1)
The ICF/IID's fair rental value as determined under division (C) of
this section;

(2)
The greater of the following:

(a)
The number of the ICF/IID's inpatient days for the applicable cost
report year;

(b)
The number of inpatient days the ICF/IID would have had during the
applicable cost report year if its occupancy rate had been ninety-two
per cent that year.

(C)(1)
An ICF/IID's fair rental value is the product of the following:

(a)
The sum of the following:

(i)
The ICF/IID's depreciated current asset value as determined under
division (C)(2) of this section;

(ii)
The ICF/IID's land value as determined under division (C)(10) of this
section.

(b)
Eleven per cent.

(2)
An ICF/IID's depreciated current asset value is its current asset
value, as determined under division (C)(3) of this section,
depreciated by the product of the following:

(a)
The ICF/IID's effective age as determined under division (C)(5) of
this section;

(b)
One and six-tenths per cent.

(3)
An ICF/IID's current asset value is the product of the following:

(a)
The ICF/IID's value per square foot as determined under division
(C)(4) of this section;

(b)
The lesser of the ICF/IID's square footage and the following:

(i)
If the ICF/IID is in peer group 1 and is a downsized ICF/IID, its
medicaid-certified capacity on the last day of the applicable cost
report year multiplied by one thousand;

(ii)
If the ICF/IID is in peer group 1 and is not a downsized ICF/IID, its
medicaid-certified capacity on the last day of the applicable cost
report year multiplied by five hundred fifty;

(iii)
If the ICF/IID is in peer group 2 and is a downsized ICF/IID, its
medicaid-certified capacity on the last day of the applicable cost
report year multiplied by one thousand;

(iv)
If the ICF/IID is in peer group 2 and is not a downsized ICF/IID, its
medicaid-certified capacity on the last day of the applicable cost
report year multiplied by seven hundred fifty;

(v)
If the ICF/IID is in peer group 3, its medicaid-certified capacity on
the last day of the applicable cost report year multiplied by eight
hundred fifty;

(vi)
If the ICF/IID is in peer group 4 or peer group 5, its
medicaid-certified capacity on the last day of the applicable cost
report year multiplied by nine hundred.

(4)(a)
An ICF/IID's value per square foot shall be determined by using the
version of the following RS means data that was most recently
published at the time the determination is made:

(i)
If the ICF/IID is in peer group 1 or peer group 2, the RS means data
for assisted-senior living facility construction costs;

(ii)
If the ICF/IID is in peer group 3, peer group 4, or peer group 5, the
RS means data for nursing home construction costs.

(b)
Except as provided in division (C)(4)(c) of this section, in
determining an ICF/IID's value per square foot, the following
modifier shall be used:

(i)
If the ICF/IID is located in Summit county, the modifier specified in
the applicable RS means data for Akron;

(ii)
If the ICF/IID is located in Athens county, the modifier specified in
the applicable RS means data for Athens;

(iii)
If the ICF/IID is located in Ashtabula, Geauga, Lake, Medina,
Portage, Stark, Trumbull, or Wayne county, the modifier specified in
the applicable RS means data for Canton;

(iv)
If the ICF/IID is located in Ross county, the modifier specified in
the applicable RS means data for Chillicothe;

(v)
If the ICF/IID is located in Hamilton county, the modifier specified
in the applicable RS means data for Cincinnati;

(vi)
If the ICF/IID is located in Cuyahoga county, the modifier specified
in the applicable RS means data for Cleveland;

(vii)
If the ICF/IID is located in Franklin county, the modifier specified
in the applicable RS means data for Columbus;

(viii)
If the ICF/IID is located in Montgomery county, the modifier
specified in the applicable RS means data for Dayton;

(ix)
If the ICF/IID is located in Brown, Butler, Clermont, Clinton,
Champaign, Darke, Greene, Logan, Miami, Preble, Shelby, or Warren
county, the modifier specified in the applicable RS means data for
Hamilton;

(x)
If the ICF/IID is located in Allen, Auglaize, Defiance, Erie, Fulton,
Hancock, Henry, Huron, Mercer, Paulding, Putnam, Ottawa, Sandusky,
Seneca, Van Wert, Williams, or Wood county, the modifier specified in
the applicable RS means data for Lima;

(xi)
If the ICF/IID is located in Lorain county, the modifier specified in
the applicable RS means data for Lorain;

(xii)
If the ICF/IID is located in Ashland, Crawford, Delaware, Fairfield,
Fayette, Hardin, Knox, Licking, Madison, Morrow, Pickaway, Richland,
Union, or Wyandot county, the modifier specified in the applicable RS
means data for Mansfield;

(xiii)
If the ICF/IID is located in Marion county, the modifier specified in
the applicable RS means data for Marion;

(xiv)
If the ICF/IID is located in Clark county, the modifier specified in
the applicable RS means data for Springfield;

(xv)
If the ICF/IID is located in Jefferson county, the modifier specified
in the applicable RS means data for Steubenville;

(xvi)
If the ICF/IID is located in Lucas county, the modifier specified in
the applicable RS means data for Toledo;

(xvii)
If the ICF/IID is located in Mahoning county, the modifier specified
in the applicable RS means data for Youngstown;

(xviii)
If the ICF/IID is located in Adams, Belmont, Carroll, Columbiana,
Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes,
Jackson, Lawrence, Meigs, Monroe, Morgan, Muskingum, Noble, Perry,
Pike, Scioto, Tuscarawas, Vinton, or Washington county, the modifier
specified in the applicable RS means data for Zanesville.

(c)
If a modifier ceases to be specified in the applicable RS means data
for a city listed in division (C)(4)(b) of this section, the director
of developmental disabilities shall specify in rules adopted under

this

section

5124.03
of the Revised Code
a
different modifier for the counties that are affected by the change.

(5)
An ICF/IID's effective age shall be determined as follows:

(a)
Determine the sum of the numbers of the ICF/IID's new bed equivalents
for renovations for the applicable cost report year and the
immediately preceding thirty-nine calendar years as determined for
each of those years under division (C)(7)(a) of this section;

(b)
Determine the sum of the numbers of the ICF/IID's new bed equivalents
for additions that do not increase the ICF/IID's medicaid-certified
capacity for the applicable cost report year and the immediately
preceding thirty-nine calendar years as determined for each of those
years under division (C)(8)(a) of this section;

(c)
Determine the sum of the numbers of the ICF/IID's new beds resulting
from additions that increase the ICF/IID's medicaid-certified
capacity for the applicable cost report year and the immediately
preceding thirty-nine calendar years as determined for each of those
years under division (C)(9)(a) of this section;

(d)
Determine the sum of the sums determined under divisions (C)(5)(a),
(b), and (c) of this section;

(e)
Determine the difference of the following:

(i)
The ICF/IID's medicaid-certified capacity on the last day of the
applicable cost report year;

(ii)
The lesser of the amount specified in division (C)(5)(e)(i) of this
section and the sum determined under division (C)(5)(d) of this
section.

(f)
For the purpose of determining the weighted age of the ICF/IID's
original beds, determine the product of the following:

(i)
The difference determined under division (C)(5)(e) of this section;

(ii)
The ICF/IID's age as determined under division (C)(6) of this
section.

(g)
Determine the sum of the weighted ages of the ICF/IID's new bed
equivalents for renovations for the applicable cost report year and
the immediately preceding thirty-nine calendar years as determined
for each of those years under division (C)(7)(c) of this section;

(h)
Determine the sum of the weighted ages of the ICF/IID's new bed
equivalents for additions that do not increase its medicaid-certified
capacity for the applicable cost report year and the immediately
preceding thirty-nine calendar years as determined for each of those
years under division (C)(8)(d) of this section;

(i)
Determine the sum of the weighted ages of the ICF/IID's new beds
resulting from additions that increase its medicaid-certified
capacity for the applicable cost report year and the immediately
preceding thirty-nine calendar years as determined for that period
and each of those years under division (C)(9)(b) of this section;

(j)
Determine the sum of the following:

(i)
The product determined under division (C)(5)(f) of this section;

(ii)
The sum of the sums determined under divisions (C)(5)(g), (h), and
(i) of this section.

(k)
Determine the quotient of the following:

(i)
The sum determined under division (C)(5)(j) of this section;

(ii)
The ICF/IID's medicaid-certified capacity on the last day of the
applicable cost report year.

(6)
An ICF/IID's age is the lesser of the following:

(a)
The difference between the following:

(i)
The calendar year in which occurs the last day of the period covered
by the cost report being used to determine the ICF/IID's rate under
this section;

(ii)
The calendar year in which the ICF/IID was initially constructed.

(b)
Forty.

(7)(a)
The number, for a year, of an ICF/IID's new bed equivalents for
renovations is the quotient of the following:

(i)
The ICF/IID's desk-reviewed, actual, allowable renovation costs for
the year;

(ii)
Seventy thousand dollars.

(b)
The age of an ICF/IID's new bed equivalents for renovations is the
difference of the following:

(i)
The calendar year in which occurs the last day of the period covered
by the cost report being used to determine the ICF/IID's rate under
this section;

(ii)
The calendar year the renovations were completed.

(c)
The weighted age, for a year, of an ICF/IID's new bed equivalents for
renovations is the product of the following:

(i)
The number, for that year, of the ICF/IID's new bed equivalents for
renovations as determined under division (C)(7)(a) of this section;

(ii)
The age of those new bed equivalents as determined under division
(C)(7)(b) of this section.

(8)(a)
The number, for a year, of an ICF/IID's new bed equivalents for
additions that do not increase its medicaid-certified capacity is the
quotient of the following:

(i)
The value of such additions made to the ICF/IID that year as
determined under division (C)(8)(b) of this section;

(ii)
Seventy thousand dollars.

(b)
The value of additions that do not increase an ICF/IID's
medicaid-certified capacity is the product of the following:

(i)
The total square footage of the additions;

(ii)
The ICF/IID's value per square foot as determined under division
(C)(4) of this section.

(c)
The age of an ICF/IID's new bed equivalents for additions that do not
increase its medicaid-certified capacity is the difference of the
following:

(i)
The calendar year in which occurs the last day of the period covered
by the cost report being used to determine the ICF/IID's rate under
this section;

(ii)
The calendar year the additions were completed.

(d)
The weighted age, for a year, of an ICF/IID's new bed equivalents for
additions that do not increase its medicaid-certified capacity is the
product of the following:

(i)
The number, for that year, of the ICF/IID's new bed equivalents for
such additions as determined under division (C)(8)(a) of this
section;

(ii)
The age of those new bed equivalents as determined under division
(C)(8)(c) of this section.

(9)(a)
The number, for a year, of new beds resulting from additions that
increase an ICF/IID's medicaid-certified capacity is the number by
which the new beds increased the ICF/IID's medicaid-certified
capacity that year.

(b)
The weighted age, for a year, of new beds resulting from additions
that increase an ICF/IID's medicaid-certified capacity is the product
of the following:

(i)
The number by which those new beds increased the ICF/IID's
medicaid-certified capacity that year;

(ii)
The difference of the calendar year in which occurs the last day of
the period covered by the cost report being used to determine the
ICF/IID's rate under this section and the calendar year the ICF/IID's
medicaid-certified capacity was so increased.

(10)
An ICF/IID's land value is the product of the following:

(a)
The ICF/IID's current asset value as determined under division (C)(3)
of this section;

(b)
Ten per cent.

(D)
An ICF/IID's per diem equipment rate for a fiscal year shall be the
lesser of the following:

(1)
The quotient of the following:

(a)
The ICF/IID's costs for capital equipment for the applicable cost
report year;

(b)
The greater of the following:

(i)
The number of the ICF/IID's inpatient days for the applicable cost
report year;

(ii)
The number of inpatient days the ICF/IID would have had during the
applicable cost report year if its occupancy rate had been ninety-two
per cent that year.

(2)
The following amount:

(a)
If the ICF/IID is in peer group 1, five dollars;

(b)
If the ICF/IID is in peer group 2, six dollars and fifty cents;

(c)
If the ICF/IID is in peer group 3, eight dollars;

(d)
If the ICF/IID is in peer group 4 or peer group 5, nine dollars.

(E)
An ICF/IID's per diem secondary building rate for a fiscal year is
the quotient of the following:

(1)
The ICF/IID's secondary building value as determined under division
(F) of this section;

(2)
The greater of the following:

(a)
The number of the ICF/IID's inpatient days for the applicable cost
report year;

(b)
The number of inpatient days the ICF/IID would have had during the
applicable cost report year if its occupancy rate had been ninety-two
per cent that year.

(F)(1)
An ICF/IID's secondary building value is the product of the
following:

(a)
The sum of the following:

(i)
The sum of the depreciated current asset values of the ICF/IID's
secondary buildings as determined under division (F)(2) of this
section;

(ii)
The sum of the land values of the ICF/IID's secondary buildings as
determined under division (F)(6) of this section.

(b)
A rental rate of eleven per cent.

(2)
The depreciated current asset value of an ICF/IID's secondary
building is the current asset value of the secondary building, as
determined under division (F)(3) of this section, depreciated by the
product of the following:

(a)
The age of the secondary building as determined under division (F)(5)
of this section;

(b)
One and six-tenths per cent.

(3)
The current asset value of an ICF/IID's secondary building is the
product of the following:

(a)
The part of the secondary building's square footage that is allocated
to the ICF/IID;

(b)
The secondary building's value per square foot as determined under
division (F)(4) of this section.

(4)
The value per square foot of an ICF/IID's secondary building shall be
determined by using the following:

(a)
Except as provided in division (F)(4)(b) of this section, the most
recent national average commercial cost estimate for office/warehouse
buildings according to information available at buildingjournal.com
on the last day of the applicable cost report year;

(b)
If the national average commercial cost estimate for office/warehouse
buildings ceases to be available at buildingjournal.com, the most
recent comparable cost estimate as specified in rules the director of
developmental disabilities shall adopt under
this

section

5124.03 of the Revised Code
.

(5)
The age of an ICF/IID's secondary building is the lesser of the
following:

(a)
The difference of the following:

(i)
The calendar year in which occurs the last day of the period covered
by the cost report being used to determine the ICF/IID's rate under
this section;

(ii)
The calendar year the secondary building was initially constructed.

(b)
Forty.

(6)
The land value of an ICF/IID's secondary building is the product of
the following:

(a)
The current asset value of the ICF/IID's secondary building as
determined under division (F)(3) of this section;

(b)
Ten per cent.

(G)
For the purposes of divisions (A)(1)(b) and (H)(1)(b)(ii) of this
section, the department shall determine the sum of the following for
each ICF/IID for each fiscal year:

(1)
The quotient of the following:

(a)
The ICF/IID's desk-reviewed, actual, allowable capital costs for the
applicable cost report year;

(b)
The greater of the following:

(i)
The number of the ICF/IID's inpatient days for the applicable cost
report year;

(ii)
The number of inpatient days the ICF/IID would have had during the
applicable cost report year if its occupancy rate had been ninety-two
per cent that year.

(2)
The following amount:

(a)
If the ICF/IID is in peer group 1 or peer group 2, three dollars;

(b)
If the ICF/IID is in peer group 3, peer group 4, or peer group 5,
five dollars.

(3)
The greater of the following:

(a)
Ten per cent of the difference of the following:

(i)
The sum of the quotient determined for the fiscal year under division
(G)(1) of this section and the applicable amount specified in
division (G)(2) of this section;

(ii)
The sum determined for the fiscal year under division (A)(1)(a) of
this section.

(b)
Zero.

(H)
An ICF/IID's per diem nonextensive renovation rate for a fiscal year
is the following:

(1)
If the sum of the ICF/IID's per diem costs of nonextensive
renovations for the applicable cost report year as determined under
division (I) of this section and the ICF/IID's per diem costs of
ownership for the applicable cost report year as determined under
division (J) of this section is greater than the sum determined for
the ICF/IID for the fiscal year under division (G) of this section,
the lesser of the following:

(a)
The ICF/IID's per diem costs of nonextensive renovations for the
applicable cost report year as determined under division (I) of this
section;

(b)
The difference of the following:

(i)
The sum of the ICF/IID's per diem costs of nonextensive renovation
for the applicable cost report year as determined under division (I)
of this section and the ICF/IID's per diem costs of ownership for the
applicable cost report year as determined under division (J) of this
section;

(ii)
The sum determined for the ICF/IID for the fiscal year under division
(G) of this section.

(2)
If the sum of the ICF/IID's per diem costs of nonextensive renovation
for the applicable cost report year as determined under division (I)
of this section and the ICF/IID's per diem costs of ownership for the
applicable cost report year as determined under division (J) of this
section is less than or equal to the sum determined for the ICF/IID
for the fiscal year under division (G) of this section, zero.

(I)
An ICF/IID's per diem costs of nonextensive renovations for an
applicable cost report year are the quotient of the following:

(1)
The ICF/IID's desk-reviewed, actual, allowable costs of nonextensive
renovations for the applicable cost report year;

(2)
The greater of the following:

(a)
The number of the ICF/IID's inpatient days for the applicable cost
report year;

(b)
The number of inpatient days the ICF/IID would have had during the
applicable cost report year if its occupancy rate had been ninety-two
per cent that year.

(J)
An ICF/IID's per diem costs of ownership for an applicable cost
report year are the quotient of the following:

(1)
The ICF/IID's desk-reviewed, actual, allowable costs of ownership for
the applicable cost report year;

(2)
The greater of the following:

(a)
The number of the ICF/IID's inpatient days for the applicable cost
report year;

(b)
The number of inpatient days the ICF/IID would have had during the
applicable cost report year if its occupancy rate had been ninety-two
per cent that year.

(K)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code that do both of the
following:

(1)
Specify a modifier for counties that are not specified in RS means
data pursuant to division (C)(4)(c) of this section;

(2)
Specify the comparable cost estimate for the value per square foot of
an ICF/IID's secondary building if the national average commercial
cost estimate for office/warehouse buildings ceases to be available
at buildingjournal.com pursuant to division (F)(4)(b) of this
section.

Sec.
5124.19.
(A)
For each fiscal year, the department of developmental disabilities
shall determine each ICF/IID's per medicaid day direct care costs
component rate. An ICF/IID's rate shall be determined as follows:

(1)
Determine the product of the following:

(a)
The ICF/IID's quarterly case-mix score determined or assigned under
section 5124.193 of the Revised Code for the following calendar
quarter:

(i)
For the rate determined for fiscal year 2019, the calendar quarter
ending December 31, 2017;

(ii)
For the rate determined for each subsequent fiscal year, the calendar
quarter ending on the last day of March of the calendar year in which
the fiscal year begins.

(b)
The lesser of the following:

(i)
The ICF/IID's cost per case-mix unit for the applicable cost report
year as determined under division (B) of this section;

(ii)
The maximum cost per case-mix unit for the ICF/IID's peer group for
the fiscal year for which the rate is determined as determined under
division (C) of this section.

(2)
Adjust the product determined under division (A)(1) of this section
by the inflation rate estimated under division (D) of this section.

(B)
To determine an ICF/IID's cost per case-mix unit for a cost report
year, the department shall determine the quotient of the following:

(1)
The ICF/IID's desk-reviewed, actual, allowable, per diem direct care
costs for the cost report year;

(2)
The ICF/IID's annual average case-mix score as determined under
section 5124.193 of the Revised Code for the fiscal year for which
the rate is determined.

(C)(1)
The maximum cost per case-mix unit for a peer group for a fiscal
year, other than peer group 5, is the following percentage above the
peer group's median cost per case-mix unit for that fiscal year:

(a)
For peer group 1, sixteen per cent;

(b)
For peer group 2, fourteen per cent;

(c)
For peer group 3, eighteen per cent;

(d)
For peer group 4, twenty-two per cent.

(2)
The maximum cost per case-mix unit for peer group 5 for a fiscal year
is the ninety-fifth percentile of all ICFs/IID in peer group 5 for
the applicable cost report year.

(3)
In determining the maximum cost per case-mix unit for a peer group
under division (C)(1) of this section, the department shall exclude
from its determination the cost per case-mix unit of any ICF/IID in
the peer group that participated in the medicaid program under the
same provider for less than twelve months during the applicable cost
report year.

(4)
In determining the maximum cost per case-mix unit for a peer group
under division (C)(1) or (2) of this section, the department shall
exclude from its determination the cost per case-mix unit of any
ICF/IID in the peer group that has a case-mix score that was assigned
by the department to the ICF/IID under division (B) of section
5124.193 of the Revised Code.

(5)
The department shall not reset a peer group's maximum cost per
case-mix unit for a fiscal year under division (C)(1) or (2) of this
section based on additional information that the department receives
after it sets the maximum for that fiscal year. The department shall
reset a peer group's maximum cost per case-mix unit for a fiscal year
only if it made an error in setting the maximum for that fiscal year
based on information available to the department at the time it
originally sets the maximum for that fiscal year.

(D)
The department shall estimate the rate of inflation for the
eighteen-month period beginning on the first day of July of the
applicable cost report year and ending on the last day of December of
the fiscal year for which the rate is determined, using the
following:

(1)
Subject to division (D)(2) of this section, the employment cost index
for total compensation, health care and social assistance component,
published by the United States bureau of labor statistics;

(2)
If the United States bureau of labor statistics ceases to publish the
index specified in division (D)(1) of this section, the index that is
subsequently published by the bureau and covers the staff costs of
ICFs/IID.

(E)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities may adopt rules in accordance
with Chapter 119. of the Revised Code establishing the following:

(1)
Costs related to training and staff development, employee benefits,
payroll taxes, and workers' compensation premiums or costs for
self-insurance claims for the personnel listed in divisions (N)(1) to
(3) of section 5124.01 of the Revised Code to be included in
calculations of direct care costs;

(2)
Direct-care resources that are not listed in division (N) of section
5124.01 of the Revised Code but are to be included in calculations of
direct care costs.

Sec.
5124.191.
(A)
As used in sections 5124.191 to 5124.193 of the Revised Code,
"ICF/IID resident" includes an individual who is on
hospital or therapeutic leave from an ICF/IID.

(B)

In
accordance with rules adopted under section 5124.03 of the Revised
Code, the
The

department
of developmental disabilities shall assess each ICF/IID resident
regardless of payment source and compile complete assessment data on
the residents. The department shall perform the initial assessment of
an ICF/IID resident. The department may perform a subsequent
assessment of an ICF/IID resident under any of the following
circumstances:

(1)
The provider of the ICF/IID in which the resident resides or from
which the resident is on hospital or therapeutic leave has submitted
to the department under division (D) of this section revised
assessment data for the resident or an attestation of no changes in
the resident's assessment data and the department has reason to
believe that the revised assessment data or attestation is
inaccurate;

(2)
The department has reason to believe that the resident's most recent
assessment no longer accurately reflects the resident's condition;

(3)
The department determines that the resident's most recent assessment
should be updated because of the passage of time since that
assessment was performed.

(C)
If an ICF/IID provider disagrees with the results of an assessment
performed by the department under this section, the provider may
request that the department reconsider the results in accordance with
rules adopted under
this

section

5124.03 of the Revised Code
.

(D)
After the department assesses an ICF/IID resident under this section,
the provider of the ICF/IID in which the resident resides or from
which the resident is on hospital or therapeutic leave shall submit
to the department, not later than fifteen days after the end of each
subsequent calendar quarter and through the medium or media specified
in rules adopted under
this

section

5124.03 of the Revised Code
,
either of the following:

(1)
Revised assessment data for the resident if there are changes in the
resident's assessment data;

(2)
An attestation that there are no changes in the resident's assessment
data.

(E)
A resident assessment instrument specified in rules adopted under

this

section

5124.03
of the Revised Code
shall
be used to compile or revise assessment data of ICF/IID residents
under this section.

(F)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code that do all of the
following:

(1)
Establish a process for an ICF/IID provider to request that the
department reconsider the results of an assessment performed by the
department pursuant to division (C) of this section;

(2)
Specify the medium or media through which a provider shall submit
revised assessment data or an attestation that there are no changes
in a resident's assessment data pursuant to division (D) of this
section;

(3)
Specify a resident assessment instrument to compile or revise
assessment data of ICF/IID residents pursuant to division (E) of this
section.

Sec.
5124.192.
(A)
The department of developmental disabilities shall establish six
acuity groups for the purpose of assigning case-mix scores to ICF/IID
residents. An ICF/IID resident's case-mix score shall be the score of
the resident's acuity group as specified in rules authorized by this
section.

(B)
The department shall place each ICF/IID resident into one of the
acuity groups. In determining which acuity group an ICF/IID resident
is to be placed into, the department shall do all of the following:

(1)
In accordance with rules authorized by this section and using the
most recent resident assessment data for the ICF/IID resident
available to the department, calculate for the resident an assessment
score for each of the medical, behavioral, and adaptive skills
domains on the resident assessment instrument used to compile or
revise assessment data for ICF/IID residents under section 5124.191
of the Revised Code;

(2)
For each of the ICF/IID resident's domain assessment scores and using
values specified in rules authorized by this section, assign the
following points:

(a)
If the resident's assessment score for the domain is more than one
standard deviation above the mean assessment score for the domain for
all ICF/IID residents as of December 31, 2017, one point;

(b)
If the resident's assessment score for the domain is more than
one-half standard deviation above the mean assessment score for the
domain for all ICF/IID residents as of December 31, 2017, and not
more than one standard deviation above that mean, two points;

(c)
If the resident's assessment score for the domain is more than the
mean assessment score for the domain for all ICF/IID residents as of
December 31, 2017, and not more than one-half standard deviation
above that mean, three points;

(d)
If the resident's assessment score for the domain is not more than
the mean assessment score for the domain for all ICF/IID residents as
of December 31, 2017, and not more than one-half standard deviation
below that mean, four points;

(e)
If the resident's assessment score for the domain is more than
one-half standard deviation below the mean assessment score for the
domain for all ICF/IID residents as of December 31, 2017, and not
more than one standard deviation below that mean, five points;

(f)
If the resident's assessment score for the domain is more than one
standard deviation below the mean assessment score for the domain for
all ICF/IID residents as of December 31, 2017, six points.

(3)
Using the following weights, determine the weighted sum of the points
assigned under division (B)(2) of this section to each of the ICF/IID
resident's domain assessment scores and round the weighted sum to the
nearest whole number:

(a)
Points assigned to the resident's assessment score for the medical
domain shall be weighted at thirty-five per cent.

(b)
Points assigned to the resident's assessment score for the behavioral
domain shall be weighted at thirty per cent.

(c)
Points assigned to the resident's assessment score for the adaptive
skills domain shall be weighted at thirty-five per cent.

(4)
Place the ICF/IID resident into the following acuity group:

(a)
If the resident's weighted sum of points is five or lower, group one;

(b)
If the resident's weighted sum of points is at least six and not more
than eight, group two;

(c)
If the resident's weighted sum of points is nine or ten, group three;

(d)
If the resident's weighted sum of points is eleven or twelve, group
four;

(e)
If the resident's weighted sum of points is at least thirteen and not
more than fifteen, group five;

(f)
If the resident's weighted sum of points is sixteen or higher, group
six.

(C)(1)

The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities shall adopt
rules
under section 5124.03 of the Revised Code as necessary to implement
this section, including
rules

in
accordance with Chapter 119. of the Revised Code
that
do all of the following:

(a)
Subject to division (C)(2) of this section, specify case-mix scores
for each acuity group established under this section;

(b)
Prescribe a methodology for calculating assessment scores for the
medical, behavioral, and adaptive skills domains on the resident
assessment instrument used to compile or revise assessment data of
ICF/IID residents under section 5124.191 of the Revised Code;

(c)
Specify values to be used in assigning points to domain assessment
scores.

(2)
The case-mix score specified for an acuity group shall be based on
relative resource use by ICF/IID residents who are placed in the
group and were included in a time study of ICF/IID residents
performed by the department.

Sec.
5124.193.
(A)
Except as provided in division (B) of this section, the department of
developmental disabilities shall do both of the following:

(1)
For each calendar quarter, determine a case-mix score for each
ICF/IID using both of the following:

(a)
The most recent (as of the date the determination is made) resident
assessment data compiled and revised for the ICF/IID's residents
under section 5124.191 of the Revised Code;

(b)
The case-mix scores of the ICF/IID's residents as determined under
section 5124.192 of the Revised Code.

(2)
After the end of each calendar year, determine an annual average
case-mix score for each ICF/IID using the ICF/IID's quarterly
case-mix scores for that calendar year.

(B)(1)
Subject to divisions (B)(2) and (3) of this section, the department,
for one or more months of a calendar quarter, may assign to an
ICF/IID a case-mix score that is five per cent less than the
ICF/IID's case-mix score as of the day immediately preceding the day
on which the reduction takes effect if the provider does not timely
comply with division (D) of section 5124.191 of the Revised Code.

(2)
Subject to division (B)(3) of this section, before assigning a
case-mix score to an ICF/IID under division (B)(1) of this section,
the department shall permit the provider to come into compliance with
division (D) of section 5124.191 of the Revised Code. The department
may assign the case-mix score if the provider fails to comply not
later than forty-five days after the end of the calendar quarter to
which the noncompliance pertains or a later date specified in rules
authorized by this section.

(3)
The department shall take action under division (B)(1) or (2) of this
section only in accordance with rules authorized by this section. The
department shall not take an action that affects medicaid payment
rates for prior payment periods except in accordance with sections
5124.41 and 5124.42 of the Revised Code.

(C)

The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities
shall

may

adopt
rules
under
section 5124.03 of the Revised Code as necessary to implement this
section
in
accordance with Chapter 119. of the Revised Code to specify a
timeframe after which the department may assign the case-mix score if
the provider fails to comply with division (D) of section 5124.191 of
the Revised Code pursuant to division (B)(2) of this section
.

Sec.
5124.21.
(A)
For each fiscal year, the department of developmental disabilities
shall determine each ICF/IID's per medicaid day indirect care costs
component rate. An ICF/IID's rate shall be the lesser of the
individual rate determined under division (B) of this section and the
maximum rate determined for the ICF/IID's peer group under division
(C) of this section.

(B)
An ICF/IID's individual rate is the sum of the following:

(1)
The ICF/IID's desk-reviewed, actual, allowable, per diem indirect
care costs for the applicable cost report year, adjusted for the
inflation rate estimated under division (E) of this section;

(2)
Subject to division (D) of this section, an efficiency incentive
equal to the difference between the amount of the per diem indirect
care costs for the applicable cost report year determined for the
ICF/IID under division (B)(1) of this section and the maximum rate
established for the ICF/IID's peer group under division (C) of this
section for that year.

(C)(1)
The maximum rate for an ICF/IID's peer group shall be the following
percentage above the peer group's median per diem indirect care costs
for the applicable cost report year:

(a)
For ICFs/IID in peer group 1, eight per cent;

(b)
For ICFs/IID in peer group 2 or peer group 3, ten per cent;

(c)
For ICFs/IID in peer group 4 or peer group 5, twelve per cent.

(2)
The department shall not redetermine a peer group's maximum rate
under division (C)(1) of this section based on additional information
that it receives after the maximum rate is set. The department shall
redetermine a peer group's maximum rate only if the department made
an error in computing the maximum rate based on the information
available to the department at the time of the original calculation.

(D)
The efficiency incentive for an ICF/IID shall not exceed the
following:

(1)
If the ICF/IID is in peer group 1, five per cent of the peer group's
maximum rate established under division (C)(1)(a) of this section;

(2)
If the ICF/IID is in peer group 2, peer group 3, peer group 4, or
peer group 5, six per cent of the peer group's maximum rate
established under division (C)(1)(b) or (c) of this section.

(E)
When adjusting rates for inflation under division (B)(1) of this
section, the department shall estimate the rate of inflation for the
eighteen-month period beginning on the first day of July of the
applicable cost report year and ending on the thirty-first day of
December of the fiscal year for which the rate is determined. To
estimate the rate of inflation, the department shall use the
following:

(1)
Subject to division (E)(2) of this section, the consumer price index
for all items for all urban consumers for the midwest region,
published by the United States bureau of labor statistics;

(2)
If the United States bureau of labor statistics ceases to publish the
index specified in division (E)(1) of this section, a comparable
index that the bureau publishes and the department determines is
appropriate.

(F)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities may adopt rules in accordance
with Chapter 119. of the Revised Code establishing costs related to
the indirect care costs specified in division (AA) of section 5124.01
of the Revised Code to be included in calculations of indirect care
costs.

Sec.
5124.23.
(A)

For
each fiscal year, the department of developmental disabilities shall
determine each ICF/IID's per medicaid day other protected costs
component rate. An ICF/IID's rate shall be the ICF/IID's
desk-reviewed, actual, allowable, per diem other protected costs from
the applicable cost report year, adjusted for inflation using the
following:

(A)
(1)

Subject to division (B) of this section, the consumer price index for
all urban consumers for nonprescription drugs and medical supplies,
as published by the United States bureau of labor statistics;

(B)
(2)

If the United States bureau of labor statistics ceases to publish the
index specified in division (A) of this section, the index that is
subsequently published by the bureau and covers nonprescription drugs
and medical supplies.

(B)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities may adopt rules in accordance
with Chapter 119. of the Revised Code establishing other protected
costs in addition to the other protected costs specified in division
(KK) of section 5124.01 of the Revised Code.

Sec.
5124.24.
(A)
For fiscal year 2022 and each fiscal year thereafter, the department
of developmental disabilities shall determine in accordance with
division (C) of this section a per medicaid day quality incentive
payment for each ICF/IID that earns for the fiscal year at least one
point under division (B) of this section.

(B)
Each fiscal year beginning with fiscal year 2022, the department, in
accordance with rules authorized by this section, shall award to an
ICF/IID points for quality indicators the ICF/IID meets for the
fiscal year. The quality indicators used under this division shall be
based on the recommendations contained in the report submitted to the
director of developmental disabilities by the ICF/IID quality
indicators workgroup established by Section 261.230
this
act
of
H.B. 166 of the 133rd General Assembly
.

(C)
An ICF/IID's per medicaid day quality incentive payment for a fiscal
year shall be the product of the following:

(1)
The relative weight point value for the fiscal year as determined
under division (D) of this section;

(2)
The number of points the ICF/IID was awarded under division (B) of
this section for the fiscal year.

(D)
The relative weight point value for a fiscal year shall be determined
as follows:

(1)
For each ICF/IID, determine the product of the following:

(a)
The number of inpatient days the ICF/IID had for the applicable cost
report year;

(b)
The number of points the ICF/IID was awarded under division (B) of
this section for the fiscal year.

(2)
Determine the sum of all of the products determined under division
(D)(1) of this section for the fiscal year;

(3)
Determine the amount equal to one per cent of the total
desk-reviewed, actual, allowable direct care costs of all ICFs/IID
for the applicable cost report year;

(4)
Divide the amount determined under division (D)(3) of this section by
the sum determined under division (D)(2) of this section.

(E)

The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities shall adopt
rules
under section 5124.03 of the Revised Code as necessary to implement
this section, including
rules

in
accordance with Chapter 119. of the Revised Code
that
specify or establish all of the following:

(1)
The data needed for the department to determine whether an ICF/IID
meets the quality indicators specified in division (B) of this
section, the medium through which a report of the data is to be
submitted to the department, and the date by which the report of the
data must be submitted to the department;

(2)
Satisfactory evidence needed to determine that an ICF/IID has met the
quality indicators;

(3)
The method by which ICFs/IID are to be awarded points under division
(B) of this section and the number of points that each quality
indicator is worth based on the quality indicator's relative
importance compared to the other quality indicators.

Sec.
5124.26.
(A)
Subject to division (D) of this section, the department of
developmental disabilities may pay a medicaid rate add-on to an
ICF/IID provider for outlier ICF/IID services the ICF/IID provides to
residents identified as needing intensive behavioral support
services, if the provider applies to the department to receive the
rate add-on and the department approves the application. The
department may approve a provider's application if both of the
following apply:

(1)
The provider submits to the department a best practices protocol for
providing outlier ICF/IID services under this section and the
department determines that the protocol is acceptable;

(2)
The provider meets all other eligibility requirements for the rate
add-on established in rules adopted under
this

section

5124.03 of the Revised Code
.

(B)
An ICF/IID that has been approved by the department to provide
outlier ICF/IID services under this section shall provide the
services in accordance with both of the following:

(1)
The best practices protocol described in division (A)(1) of this
section;

(2)
Requirements regarding the services established in rules adopted
under
this

section

5124.03 of the Revised Code
.

(C)
To qualify to receive outlier ICF/IID services from an ICF/IID under
this section, a resident of the ICF/IID must be a medicaid recipient,
be determined to need intensive behavioral support services, and meet
all other eligibility requirements established in rules adopted under

this

section

5124.03 of the Revised Code
.

(D)
The department shall negotiate with the department of medicaid the
amount of the medicaid payment rate add-on, if any, to be paid under
this section or the method by which that amount is to be determined.

(E)
To the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code that establish all
of the following:

(1)
Eligibility requirements for the rate add-on to an ICF/IID provider
for outlier ICF/IID services the ICF/IID provides to residents
identified as needing intensive behavioral support services pursuant
to division (A)(2) of this section;

(2)
Requirements for the provision of outlier ICF/IID services pursuant
to division (B)(2) of this section;

(3)
Eligibility requirements to receive outlier ICF/IID services from an
ICF/IID pursuant to division (C) of this section.

Sec.
5124.29.
Except
as otherwise provided in section 5124.30 of the Revised Code, the
department of developmental disabilities, in determining whether an
ICF/IID's direct care costs and indirect care costs are allowable,
shall place no limit on specific categories of reasonable costs other
than compensation of owners, compensation of relatives of owners, and
compensation of administrators.

Compensation
cost limits for owners and relatives of owners shall be based on
compensation costs for individuals who hold comparable positions but
who are not owners or relatives of owners, as reported on ICFs/IID's
cost reports. As used in this section, "comparable position"
means the position that is held by the owner or the owner's relative,
if that position is listed separately on the cost report form, or if
the position is not listed separately, the group of positions that is
listed on the cost report form and that includes the position held by
the owner or the owner's relative.
In

Based
on civil service equivalents and to the extent authorized by section
5162.021 of the Revised Code, the director of developmental
disabilities shall adopt rules in accordance with Chapter 119. of the
Revised Code establishing the compensation cost limit in
the
case of an owner or owner's relative who serves the ICFs/IID in a
capacity such as corporate officer, proprietor, or partner for which
no comparable position or group of positions is listed on the cost
report form
,
the compensation cost limit shall be based on civil service
equivalents and shall be specified in rules adopted under section
5124.03 of the Revised Code
.

Compensation
cost limits for administrators shall be based on compensation costs
for administrators who are not owners or relatives of owners, as
reported on ICFs/IID's cost reports.

Sec.
5124.34.
(A)
As used in this section, "participation in therapeutic programs"
includes visits to potential new residential settings.

(B)
The department of developmental disabilities shall pay an ICF/IID
provider one hundred per cent of the total per medicaid day payment
rate determined for the ICF/IID under this chapter to reserve a bed
for a resident who is a medicaid recipient if all of the following
apply:

(1)
The recipient is temporarily absent from the ICF/IID for a reason
that makes the absence qualified for payments under this section as
specified in rules authorized by this section;

(2)
The resident's plan of care provides for the absence;

(3)
Federal financial participation is available for the payments.

(C)
The maximum period during which medicaid payments may be made to
reserve a bed shall not exceed the maximum period specified in
federal regulations and shall not be more than thirty days during any
calendar year for hospital stays, visits with relatives and friends,
and participation in therapeutic programs. However, a resident shall
not be subject to a maximum period during which payments may be made
to reserve a bed if prior authorization of the department is obtained
for hospital stays, visits with relatives and friends, and
participation in therapeutic programs.

(D)(1)

The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities shall adopt
rules
under section 5124.03 of the Revised Code as necessary to implement
this section, including
rules

in accordance with Chapter 119. of the Revised Code

that do the following:

(a)
Specify the reasons for which a temporary absence from an ICF/IID
makes the absence qualify for payments under this section;

(b)
Establish conditions under which prior authorization may be obtained
for the purpose of division (C) of this section.

(2)
The rules authorized by division (D)(1)(a) of this section shall
include the following as reasons for which a temporary absence from
an ICF/IID qualifies for payments under this section:

(a)
Hospitalization for acute conditions;

(b)
Visits with relatives and friends;

(c)
Participation in therapeutic programs outside the ICF/IID.

Sec.
5124.38.
(A)
The director of developmental disabilities shall establish a process
under which an ICF/IID provider, or a group or association of ICF/IID
providers, may seek reconsideration of medicaid payment rates
established under this chapter. Except as provided in divisions (B)
to (E) of this section, the only issue that a provider, group, or
association may raise in the rate reconsideration is whether the rate
was calculated in accordance with this chapter and the rules adopted
under
this

section

5124.03 of the Revised Code
.
The provider, group, or association may submit written arguments or
other materials that support its position. The provider, group, or
association and department shall take actions regarding the rate
reconsideration within time frames specified in rules authorized by
this section.

If
the department determines, as a result of the rate reconsideration,
that the rate established for one or more ICFs/IID is less than the
rate to which the ICF/IID is entitled, the department shall increase
the rate. If the department has paid the incorrect rate for a period
of time, the department shall pay the provider of the ICF/IID the
difference between the amount the provider was paid for that period
for the ICF/IID and the amount the provider should have been paid for
the ICF/IID.

(B)(1)
The department, through the rate reconsideration process, may
increase during a fiscal year the medicaid payment rate determined
for an ICF/IID under this chapter if the provider demonstrates that
the ICF/IID's actual, allowable costs have increased because of any
of the following extreme circumstances:

(a)
A natural disaster;

(b)
If the ICF/IID has an appropriate claims management program, an
increase in the ICF/IID's workers' compensation experience rating of
greater than five per cent;

(c)
If the ICF/IID is an inner-city ICF/IID, increased security costs;

(d)
A change of ownership that results from bankruptcy, foreclosure, or
findings by the department of health of violations of medicaid
certification requirements;

(e)
Other extreme circumstances specified in rules authorized by this
section.

(2)
An ICF/IID may qualify for a rate increase under this division only
if its per diem, actual, allowable costs have increased to a level
that exceeds its total rate. An increase under this division is
subject to any rate limitations or maximum rates established by this
chapter for specific cost centers. Any rate increase granted under
this division shall take effect on the first day of the first month
after the department receives the request.

(C)
The department, through the rate reconsideration process, may
increase an ICF/IID's rate as determined under this chapter if the
department, in the department's sole discretion, determines that the
rate as determined under those sections works an extreme hardship on
the ICF/IID.

(D)(1)
Subject to any applicable limitation under section 5124.17 of the
Revised Code, when beds certified for the medicaid program are added
to an existing ICF/IID or replaced at the same site, the department,
through the rate reconsideration process, may proportionately
increase the ICF/IID's per medicaid day capital component rate
determined under that section to account for the costs of the beds
that are added or replaced.

(2)
If the department grants an increase under division (D)(1) of this
section, the increase shall go into effect one month after the first
day of the month after the department receives sufficient
documentation needed to determine the amount of the increase.

(3)
The provider of an ICF/IID that has its per medicaid day payment rate
for reasonable capital costs increased under division (D)(1) of this
section shall report double accumulated depreciation in an amount
equal to the depreciation included in the rate adjustment on its cost
report for the first year of operation. During the term of any loan
used to finance a project for which the rate increase is granted, the
provider, if the ICF/IID is operated by the same provider, shall
subtract from the interest costs it reports on the ICF/IID's cost
report an amount equal to the difference between the following:

(a)
The actual, allowable interest costs for the loan during the calendar
year for which the costs are being reported;

(b)
The actual, allowable interest costs attributable to the loan that
were used to calculate the rates paid to the provider for the ICF/IID
during the same calendar year.

(E)
If the provider of an ICF/IID submits to the department revised
assessment data for a resident of the ICF/IID under division (D) of
section 5124.191 of the Revised Code and the revised assessment data
results in at least a fifteen per cent increase in the ICF/IID's
case-mix score determined under section 5124.193 of the Revised Code,
the provider may request that the department, through the rate
reconsideration process, increase the ICF/IID's per medicaid day
direct care costs component rate determined under section 5124.19 of
the Revised Code to account for the increase in the ICF/IID's
case-mix score. If the department determines that the revised
assessment data so increases the ICF/IID's case-mix score, the
department shall grant the rate increase. The increase shall go into
effect one month after the first day of the month after the
department receives sufficient documentation needed to determine the
amount of the increase.

(F)
The department's decision at the conclusion of a rate reconsideration
process is not subject to any administrative proceedings under
Chapter 119. or any other provision of the Revised Code.

(G)

The

To
the extent authorized by section 5162.021 of the Revised Code, the
director of developmental disabilities shall adopt rules establishing
a timeline for the process through which an ICF/IID provider, or a
group or association of ICF/IID providers, may seek reconsideration
of medicaid payment rates pursuant to division (A) of this section.

(H)
To the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities
shall

may

adopt
rules
under
section 5124.03 of the Revised Code as necessary to implement this
section
specifying
extreme circumstances under which the department may increase during
a fiscal year the medicaid payment rate determined for an ICF/IID
pursuant to division (B)(1)(e) of this section
.

Sec.
5124.516.
The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities may adopt rules
under
section 5124.03 of the Revised Code
in
accordance with Chapter 119. of the Revised Code
governing
adjustments to the medicaid reimbursement rate for an ICF/IID that
undergoes a change of operator. No rate adjustment resulting from a
change of operator shall be effective before the effective date of
the entering operator's provider agreement. This is the case
regardless of whether the provider agreement is entered into under
section 5124.511, section 5124.512, or, pursuant to section 5124.515,
section 5124.07 of the Revised Code.

Sec.
5124.53.
The

To
the extent authorized by section 5162.021 of the Revised Code, the

director
of developmental disabilities shall adopt rules
under
section 5124.03 of the Revised Code to implement sections 5124.50 to
5124.53 of the Revised Code. The rules shall
in
accordance with Chapter 119. of the Revised Code that
specify
all of the following:

(A)
The method by which written notices to the department required by
sections 5124.50 to 5124.53 of the Revised Code are to be provided;

(B)
The forms and documents that are to be provided to the department
under sections 5124.511 and 5124.512 of the Revised Code, which shall
include, in the case of such forms and documents provided by entering
operators, all the fully executed leases, management agreements,
merger agreements and supporting documents, and fully executed sales
contracts and any other supporting documents culminating in the
change of operator;

(C)
The method by which the forms and documents identified in division
(B) of this section are to be provided to the department.

Sec.
5126.0220.
(A)
The superintendent of the county board of developmental disabilities
shall do all of the following:

(1)
Administer the work of the board
,
subject to the board's rules
;

(2)
Recommend to the board the changes necessary to increase the
effectiveness of the programs and services offered pursuant to
Chapters 3323. and 5126. of the Revised Code;

(3)
Employ persons for all positions authorized by the board, approve
contracts of employment for management employees that are for a term
of one year or less, and approve personnel actions that involve
employees in the classified civil service as may be necessary for the
work of the board;

(4)
Approve compensation for employees within the limits set by the
salary schedule and budget set by the board, and ensure that all
employees and consultants are properly reimbursed for actual and
necessary expenses incurred in the performance of official duties;

(5)
Provide consultation to public agencies as defined in division (C) of
section 102.01 of the Revised Code, including other county boards of
developmental disabilities, and to individuals, agencies, or
organizations providing services supported by the board.

(B)
The superintendent may authorize the payment of board obligations by
the county auditor.

Sec.
5126.04.
(A)
Each county board of developmental disabilities shall plan and set
priorities based on available resources for the provision of
facilities, programs, and other services to meet the needs of county
residents who are individuals with developmental disabilities, former
residents of the county residing in state institutions or, before
September 29, 2011, placed under purchase of service agreements under
section 5123.18 of the Revised Code, and children subject to a
determination made pursuant to section 121.38 of the Revised Code.

Each
county board shall assess the facility and service needs of the
individuals with developmental disabilities who are residents of the
county or former residents of the county residing in state
institutions or, before September 29, 2011, placed under purchase of
service agreements under section 5123.18 of the Revised Code.

Each
county board shall require individual habilitation or service plans
for individuals with developmental disabilities who are being served
or who have been determined eligible for services and are awaiting
the provision of services. Each board shall ensure that methods of
having their service needs evaluated are available.

(B)(1)
If a foster child is in need of assessment for eligible services or
is receiving services from a county board of developmental
disabilities and that child is placed in a different county, the
agency that placed the child, immediately upon placement, shall
inform the county board in the new county all of the following:

(a)
That a foster child has been placed in that county;

(b)
The name and other identifying information of the foster child;

(c)
The name of the foster child's previous county of residence;

(d)
That the foster child was in need of assessment for eligible services
or was receiving services from the county board of developmental
disabilities in the previous county.

(2)
Upon receiving the notice described in division (B)(1) of this
section or otherwise learning that the child was in need of
assessment for eligible services or was receiving services from a
county board of developmental disabilities in the previous county,
the county board in the new county shall communicate with the county
board of the previous county to determine how services for the foster
child shall be provided in accordance with each board's plan and
priorities as described in division (A) of this section.

If
the two county boards are unable to reach an agreement within ten
days of the child's placement, the county board in the new county
shall send notice to the Ohio department of developmental
disabilities of the failure to agree. The department shall decide how
services shall be provided for the foster child within ten days of
receiving notice that the county boards could not reach an agreement.
The department may decide that one, or both, of the county boards
shall provide services. The services shall be provided in accordance
with the board's plan and priorities as described in division (A) of
this section.

(C)

The
department of developmental disabilities may adopt rules in
accordance with Chapter 119. of the Revised Code as necessary to
implement this section. To the extent that rules adopted under this
section apply to the identification and placement of children with
disabilities under Chapter 3323. of the Revised Code, the rules shall
be consistent with the standards and procedures established under
sections 3323.03 to 3323.05 of the Revised Code.

(D)

The
responsibility or authority of a county board to provide services
under this chapter does not affect the responsibility of any other
entity of state or local government to provide services to
individuals with developmental disabilities.

(E)
(D)

On or before the first day of February prior to a school year, a
county board of developmental disabilities may elect not to
participate during that school year in the provision of or
contracting for educational services for children ages six through
twenty-one years of age, provided that on or before that date the
board gives notice of this election to the director of education and
workforce, each school district in the county, and the educational
service center serving the county. If a board makes this election, it
shall not have any responsibility for or authority to provide
educational services that school year for children ages six through
twenty-one years of age. If a board does not make an election for a
school year in accordance with this division, the board shall be
deemed to have elected to participate during that school year in the
provision of or contracting for educational services for children
ages six through twenty-one years of age.

(F)
(E)

If a county board of developmental disabilities elects to provide
educational services during a school year to individuals six through
twenty-one years of age who have multiple disabilities, the board may
provide these services to individuals who are appropriately
identified and determined eligible pursuant to Chapter 3323. of the
Revised Code, and in accordance with applicable rules of the
department of education and workforce. The county board may also
provide related services to individuals six through twenty-one years
of age who have one or more disabling conditions, in accordance with
section 3317.20 and Chapter 3323. of the Revised Code and applicable
rules of the department of education and workforce.

Sec.
5126.08.
(A)
The director of developmental disabilities shall adopt rules in
accordance with Chapter 119. of the Revised Code
for
all programs and services offered by a county board of developmental
disabilities. Such rules shall include, but are not limited
to
,

establish

the following:

(1)
Determination of what constitutes a program or service

offered by a county board of developmental disabilities
;

(2)
Standards to be followed by a board in administering, providing,
arranging, or operating programs and services;

(3)
Standards for determining the nature and degree of developmental
disability;

(4)
Standards and procedures for making eligibility determinations for
the programs and services;

(5)
Procedures for obtaining consent for the arrangement of services
under section 5126.31 of the Revised Code and for obtaining
signatures on individualized service plans under that section;

(6)
Specification of the service and support administration to be
provided by a county board and standards for resolving grievances in
connection with service and support administration.

(B)
The director shall be the final authority in determining the nature
and degree of developmental disability.

Sec.
5126.081.
(A)
In addition to the rules adopted under division (A)(2) of section
5126.08 of the Revised Code establishing standards for the
administration, provision, arrangement, and operation of programs and
services by county boards of developmental disabilities, the
department of developmental disabilities shall establish a system of
accreditation for county boards of developmental disabilities to
ensure that the boards are in compliance with federal and state
statutes and rules. The department shall adopt rules in accordance
with Chapter 119. of the Revised Code
governing
the system of accreditation. The rules shall include
specifying

appropriate
timelines for compliance when a board is found to be not in
compliance and appropriate actions to be taken by boards in complying
with the accreditation requirements.

(B)
Prior to accrediting a board, the department shall conduct a
comprehensive, on-site review of the board. During the review, the
department shall document the board's compliance with the
department's accreditation requirements. After completing the review,
the department shall conduct an exit conference with the president of
the board, the superintendent of the board, and any other officials
the board asks to have present. The department shall discuss its
findings from the review with the board's representatives and provide
a written report of its findings not later than thirty days following
the exit conference. If the department finds that the board is in
compliance with the requirements for accreditation, the department
shall issue evidence of accreditation to the board.

Accreditation
may be granted for periods of up to five years and may be renewed.
Not less than once prior to the date a board's accreditation is
scheduled to expire, the department shall conduct a comprehensive,
on-site review of the board.

Each
board shall conduct an annual audit of itself to evaluate its
compliance with the requirements for accreditation. The department
may conduct an interim review of any new program or service initiated
by a board after its last comprehensive review. The department may
conduct other reviews and investigations as necessary to enforce this
section.

(C)
If the department determines through its review of a board that the
board is not in compliance with the requirements for accreditation,
the department shall, except as provided in division (F) of this
section, grant the board an opportunity to correct the matters in
which it is not in compliance. The department shall grant the board
an appropriate length of time to comply with the requirements prior
to taking any action to deny accreditation to the board. To avoid
denial of accreditation, the board superintendent shall prepare a
plan of correction to remediate the matters specified in the
department's written report as not being in compliance with the
requirements for accreditation. The superintendent shall submit the
plan to the board for review, and the board shall review the plan. If
the board believes that the plan is sufficient to correct the
matters, the board shall approve the plan by resolution and submit
the plan to the department for its review. The department shall
review the plan of correction. If the department approves the plan,
the board shall commence action to implement the plan. The department
shall, as necessary, conduct follow-up reviews of the board to
determine whether it has met the requirements for accreditation. If
the plan of correction submitted by a board is disapproved, the
department shall inform the board of the reasons for disapproval and
may grant the board an opportunity to submit a revised plan of
correction.

A
board may request technical assistance from the department, other
boards, or professional organizations in preparing plans of
correction and in implementing plans of correction.

(D)
If, after being given the opportunity to implement a plan of
correction, a board continues to fail to meet the requirements for
accreditation, the department shall issue an order denying
accreditation to the board. The department may deny accreditation to
the board for all or part of the programs or services offered by the
board.

The
department shall simultaneously notify all of the following officials
in the county: the members of the board of county commissioners, the
senior probate judge, the county auditor, and the president and
superintendent of the county board of developmental disabilities. The
notice shall identify the programs and services that have been denied
accreditation, the requirements for accreditation with which the
board is not in compliance, and the responsibilities of the county
officials to contract under division (E)(1) of this section to have
the board's programs and services administered by another party or
become subject to administrative receivership under division (E)(2)
of this section.

(E)(1)
When a board is denied accreditation, the department shall first give
the board the option of contracting to have the board's programs and
services that were denied accreditation administered by an accredited
county board of developmental disabilities or another qualified
entity subject to the approval of the department. The board may
contract with more than one board that has been accredited. When a
board enters into a contract, the board shall, by resolution, give
the contractor full administrative authority over the programs and
services that the contractor will administer.

(2)
If a board fails to exercise its option of entering into a contract
under division (E)(1) of this section sooner than thirty days after
the department denies accreditation, the department shall appoint an
administrative receiver of the board's programs and services that
were denied accreditation. The department may appoint employees of
the department, management personnel from county boards of
developmental disabilities, or individuals from other entities as
necessary to meet its needs for appointing an administrative
receiver, except that individuals from other entities may be
appointed only when qualified department employees or board
management personnel are unavailable. The department may not appoint
an individual who is employed by or affiliated with an entity that is
under contract with the board. The administrative receiver shall
assume full administrative responsibility for the board's programs
and services that were denied accreditation.

(3)
The board or entity that contracts with a board under division (E)(1)
of this section, or the administrative receiver appointed under
division (E)(2) of this section, shall develop and implement a plan
of correction to remediate the matters that caused the department to
deny accreditation. The contractor or administrative receiver shall
submit the plan to the department, and the department shall review
the plan. If the plan is approved by the department, the contractor
or administrative receiver shall commence action to implement the
plan. The contractor or administrative receiver shall report to the
department any findings it can make pertaining to issues or
circumstances that are beyond the control of the board and result in
the unlikelihood that compliance with the requirements for
accreditation can be achieved unless the issues or circumstances are
remediated.

(4)
For purposes of divisions (E)(1) and (2) of this section, the
department shall require the board that has been denied accreditation
to transfer control of state and federal funds it is eligible to
receive for the board's programs and services that have been denied
accreditation in an amount necessary for the contractor or
administrative receiver to fulfill its duties in administering the
programs and services for the board. The transfer of control of funds
does not cause any programs and services of the board that are
accredited to lose their accreditation. If the board refuses to
transfer control of funds, the department may withhold state and
federal funds from the board in an amount necessary for the
contractor or administrative receiver to fulfill its duties. The
amount transferred or withheld from a board shall include
reimbursements for the personnel of the contractor or administrative
receiver, including amounts for time worked, travel, and related
expenses.

A
contractor or administrative receiver that has assumed the
administration of a board's programs and services has the right to
authorize the payment of bills in the same manner that a board may
authorize payment of bills under this chapter and section 319.16 of
the Revised Code.

(F)
When the department's review of a board reveals serious health and
safety issues within the programs and services offered by the board,
the department shall order the board to correct the violations
immediately or appoint an administrative receiver.

(G)
At any time a board can demonstrate that it is capable of assuming
its duties in compliance with the department's requirements for
accreditation, the department shall reverse its order denying
accreditation and issue evidence of accreditation to the board.

A
board may appeal the department's denial of accreditation or refusal
to reverse a denial of accreditation only by filing a complaint under
section 5123.043 of the Revised Code. If in its appeal the board can
demonstrate that it is capable of assuming its duties in compliance
with the department's requirements for accreditation, the department
shall reverse its order denying accreditation and shall issue
evidence of accreditation to the board.

(H)
All notices issued to a board by the department under this section
shall be delivered to the board's president and superintendent.

(I)
A board's president may designate another member of the board as the
individual to be responsible for fulfilling all or part of the
president's responsibilities established under this section.

Sec.
5126.11.
(A)
As used in this section, "respite care" means appropriate,
short-term, temporary care that is provided to an individual with a
developmental disability to sustain the family structure or to meet
planned or emergency needs of the family.

(B)
Subject to rules adopted by the director of developmental
disabilities, and subject to the availability of money from state and
federal sources, the county board of developmental disabilities shall
establish a family support services program. Under such a program,
the board shall make payments to an individual with a developmental
disability or the family of an individual with a developmental
disability who desires to remain in and be supported in the family
home. Payments shall be made for all or part of costs incurred or
estimated to be incurred for services that would promote
self-sufficiency and normalization, prevent or reduce inappropriate
institutional care, and further the unity of the family by enabling
the family to meet the special needs of the individual and to live as
much like other families as possible. Payments may be made in the
form of reimbursement for expenditures or in the form of vouchers to
be used to purchase services.

(C)
Payment shall not be made under this section to an individual or the
individual's family if the individual is living in a residential
facility that is providing residential services under contract with
the department of developmental disabilities or a county board.

(D)
Payments may be made for the following services:

(1)
Respite care, in or out of the home;

(2)
Counseling, supervision, training, and education of the individual,
the individual's caregivers, and members of the individual's family
that aid the family in providing proper care for the individual,
provide for the special needs of the family, and assist in all
aspects of the individual's daily living;

(3)
Special diets, purchase or lease of special equipment, or
modifications of the home, if such diets, equipment, or modifications
are necessary to improve or facilitate the care and living
environment of the individual;

(4)
Providing support necessary for the individual's continued skill
development, including such services as development of interventions
to cope with unique problems that may occur within the complexity of
the family, enrollment of the individual in special summer programs,
provision of appropriate leisure activities, and other social skills
development activities;

(5)
Any other services that are consistent with the purposes specified in
division (B) of this section and specified in the individual's
service plan.

(E)
In order to be eligible for payments under a family support services
program, the individual or the individual's family must reside in the
county served by the county board, and the individual must be in need
of habilitation. Payments shall be adjusted for income in accordance
with the payment schedule established in rules adopted under this
section. Payments shall be made only after the county board has taken
into account all other available assistance for which the individual
or family is eligible.

(F)
Before incurring expenses for a service for which payment will be
sought under a family support services program, the individual or
family shall apply to the county board for a determination of
eligibility and approval of the service. The service need not be
provided in the county served by the county board. After being
determined eligible and receiving approval for the service, the
individual or family may incur expenses for the service or use the
vouchers received from the county board for the purchase of the
service.

If
the county board refuses to approve a service, an appeal may be made
in accordance with rules adopted by the department under this
section.

(G)
To be reimbursed for expenses incurred for approved services, the
individual or family shall submit to the county board a statement of
the expenses incurred accompanied by any evidence required by the
board. To redeem vouchers used to purchase approved services, the
entity that provided the service shall submit to the county board
evidence that the service was provided and a statement of the
charges. The county board shall make reimbursements and redeem
vouchers not later than forty-five days after it receives the
statements and evidence required by this division.

(H)
A county board shall consider the following objectives in carrying
out a family support services program:

(1)
Enabling individuals to return to their families from an institution
under the jurisdiction of the department of developmental
disabilities;

(2)
Enabling individuals found to be subject to institutionalization by
court order under section 5123.76 of the Revised Code to remain with
their families with the aid of payments provided under this section;

(3)
Providing services to eligible children and adults currently residing
in the community;

(4)
Providing services to individuals with developmental disabilities who
are not receiving other services from the board.

(I)
The director shall adopt, and may amend and rescind, rules
for
the implementation of family support services programs by county
boards. The rules shall include
specifying

all
of the following

regarding family support services programs by county boards
:

(1)
A payment schedule adjusted for income;

(2)
Standards for supervision, training, and quality control in the
provision of respite care services;

(3)
Eligibility standards and procedures for providing temporary
emergency respite care;

(4)
Procedures for hearing and deciding appeals made under division (F)
of this section.

Rules
adopted under division (I)(1) of this section shall be adopted in
accordance with section 111.15 of the Revised Code. Rules adopted
under divisions (I)(2) to (4) of this section shall be adopted in
accordance with Chapter 119. of the Revised Code.

(J)
All individuals certified by the superintendent of the county board
as eligible for temporary emergency respite care in accordance with
rules adopted under this section shall be considered eligible for
temporary emergency respite care for not more than five days to
permit the determination of eligibility for family support services.
The requirements of divisions (E) and (F) of this section do not
apply to temporary emergency respite care.

(K)
The county board shall not be required to make payments for family
support services at a level that exceeds available state and federal
funds for such payments.

Sec.
5126.131.
(A)(1)
Each regional council established under section 5126.13 of the
Revised Code shall file with the department of developmental
disabilities an annual cost report detailing the regional council's
income and expenditures.

(2)
Each county board of developmental disabilities shall file with the
department an annual cost report detailing the board's income and
expenditures.

(B)(1)(a)
Unless the department establishes a later date for all regional
council cost reports, each council shall file its cost report not
later than the last day of April. At the written request of a
regional council, the department may grant a fourteen-day extension
for filing the cost report.

(b)
Unless the department establishes a later date for all county board
cost reports, each board shall file its cost report not later than
the last day of May. At the written request of a board, the
department may grant a fourteen-day extension for filing the board's
cost report.

(2)
The cost report shall contain information on the previous calendar
year's income and expenditures. Once filed by a regional council or
board, no changes may be made to the cost report, including the
submission of additional documentation, except as otherwise provided
in this section.

(C)
Each cost report filed under this section by a regional council or
board may be audited by the department or an entity designated by the
department, utilizing methodology approved by the United States
centers for medicare and medicaid services. The department or
designated entity shall notify the regional council or board of the
date on which the audit is to begin. The department may permit a
regional council or board to submit changes to the cost report before
the audit begins.

If
the department or designated entity determines that a filed cost
report is not auditable, it shall provide written notification to the
regional council or board of the cost report's deficiencies and may
request additional documentation. If the department or designated
entity requests additional documentation, the regional council or
board shall be given sixty days after the request is made to provide
the additional documentation. After sixty days, the department or
designated entity shall determine whether the cost report is
auditable with any additional documentation provided and shall notify
the regional council or board of its determination. The determination
of the department or designated entity is final.

(D)
The department or designated entity shall certify its audit as
complete and file a copy of the certified audit in the office of the
clerk of the governing body, executive officer of the governing body,
and chief fiscal officer of the audited regional council or board.
Changes may not be made to a cost report once the department or
designated entity files the certified audit. The cost report is not a
public record under section 149.43 of the Revised Code until copies
of the cost report are filed pursuant to this section.

(E)
The department may withhold any funds that it distributes to a
regional council or board as subsidy payments if either of the
following is the case:

(1)
The cost report is not timely filed by the regional council or board
with the department in accordance with division (B) of this section.

(2)
The cost report is determined not auditable under division (C) of
this section after the department or designated entity gives the
regional council or board sixty days to provide additional
documentation.

(F)
Cost reports shall be retained by regional councils and boards for
seven years. The department shall provide annual training to regional
council and board employees regarding cost reports required by this
section.

(G)
The department, in accordance with Chapter 119. of the Revised Code,
may adopt any rules
necessary
to implement this section
regarding
annual cost reports filed with the department by regional councils
and county boards of developmental disabilities
.

Sec.
5126.25.
(A)
The director of developmental disabilities shall adopt rules under
division (C) of this section establishing uniform standards and
procedures for the certification and registration of persons, other
than the persons described in division (I) of this section, who are
seeking employment with or are employed by either of the following:

(1)
A county board of developmental disabilities;

(2)
An entity that contracts with a county board to operate programs and
services for individuals with developmental disabilities.

(B)
No person shall be employed in a position for which certification or
registration is required pursuant to the rules adopted under this
section without the certification or registration that is required
for that position. The person shall not be employed or shall not
continue to be employed if the required certification or registration
is denied, revoked, or not renewed.

(C)
The director shall adopt rules in accordance with Chapter 119. of the
Revised Code
as
the director considers necessary to implement and administer this
section, including rules
establishing
all of the following:

(1)
Positions of employment that are subject to this section and, for
each position, whether a person must receive certification or receive
registration to be employed in that position;

(2)
Requirements that must be met to receive the certification or
registration required to be employed in a particular position,
including standards regarding education, specialized training, and
experience, taking into account the needs of individuals with
developmental disabilities and the specialized techniques needed to
serve them, except that the rules shall not require a person
designated as a service employee under section 5126.22 of the Revised
Code to have or obtain a bachelor's or higher degree;

(3)
Procedures to be followed in applying for initial certification or
registration and for renewing the certification or registration.

(4)
Requirements that must be met for renewal of certification or
registration, which may include continuing education and professional
training requirements;

(5)
Subject to section 5126.23 of the Revised Code, grounds for which
certification or registration may be denied, suspended, or revoked
and procedures for appealing the denial, suspension, or revocation
;

(6)
The time period, which must be at least one year after the effective
date of new rules, that a person with valid certification or
registration under this section on the effective date of any rules
adopted under this section has to meet new certification or
registration standards
.

(D)
Each person seeking certification or registration for employment
shall apply in the manner established in rules adopted under this
section.

(E)(1)
Except as provided in division (E)(2) of this section, the
superintendent of each county board is responsible for taking all
actions regarding certification and registration of employees, other
than the position of superintendent, early intervention specialist,
or investigative agent. For the position of superintendent, early
intervention specialist, or investigative agent, the director of
developmental disabilities is responsible for taking all such
actions.

Actions
that may be taken by the superintendent or director include issuing,
renewing, denying, suspending, and revoking certification and
registration. All actions shall be taken in accordance with the rules
adopted under this section.

The
superintendent may charge a fee to persons applying for certification
or registration. The superintendent shall establish the amount of the
fee according to the costs the county board incurs in administering
its program for certification and registration of employees.

A
person subject to the denial, suspension, or revocation of
certification or registration may appeal the decision. The appeal
shall be made in accordance with the rules adopted under this
section.

(2)
Pursuant to division (C) of section 5126.05 of the Revised Code, the
superintendent may enter into a contract with any other entity under
which the entity is given authority to carry out all or part of the
superintendent's responsibilities under division (E)(1) of this
section.

(F)
A person with valid certification or registration under this section
on the effective date of any rules adopted under this section that
increase the standards applicable to the certification or
registration shall have such period as the rules prescribe, but not
less than one year after the effective date of the rules, to meet the
new certification or registration standards.

(G)
A person with valid certification or registration is qualified to be
employed according to that certification or registration by any
county board or entity contracting with a county board.

(H)
The director shall monitor county boards to ensure that their
employees and the employees of their contracting entities have the
applicable certification or registration required under this section
and that the employees are performing only those functions they are
authorized to perform under the certification or registration. The
superintendent of each county board or the superintendent's designee
shall maintain in appropriate personnel files evidence acceptable to
the director that the employees have met the requirements. On
request, representatives of the department of developmental
disabilities shall be given access to the evidence.

(I)
The certification and registration requirements of this section and
the rules adopted under it do not apply to either of the following:

(1)
A person who holds a valid license issued or certificate issued under
Chapter 3319. of the Revised Code and performs no duties other than
teaching or supervision of a teaching program;

(2)
A person who holds a valid license or certificate issued under Title
XLVII of the Revised Code and performs only those duties governed by
the license or certificate.

(J)(1)
Beginning January 1, 2025, the rules adopted under this section shall
not require an individual employed by a county board of developmental
disabilities to be certified to provide, or supervise the provision
of, adult services.

(2)
Beginning on the date that is one year after

the effective date of this amendment

April 6, 2023
,
the rules adopted under this section shall not establish varying
levels of certification for an individual to receive an investigative
agent certification and instead shall establish uniform
qualifications for all applicants and a process for converting any
existing certificates of varying levels to a single level of
certification for investigative agents.

(K)
The director shall issue a certification or registration in
accordance with Chapter 4796. of the Revised Code to a person if
either of the following applies:

(1)
The person holds a license, certification, or registration in another
state.

(2)
The person has satisfactory work experience, a government
certification, or a private certification as described in that
chapter in a state that does not issue that license, certification,
or registration.

Sec.
5139.04.
The
department of youth services shall do all of the following:

(A)
Support service districts through a central administrative office
that shall have as its administrative head a deputy director who
shall be appointed by the director of the department. When a vacancy
occurs in the office of that deputy director, an assistant deputy
director shall act as that deputy director until the vacancy is
filled. The position of deputy director and assistant deputy director
described in this division shall be in the unclassified civil service
of the state.

(B)
Receive custody of all children committed to it under Chapter 2152.
of the Revised Code, cause a study to be made of those children, and
issue any orders, as it considers best suited to the needs of any of
those children and the interest of the public, for the treatment of
each of those children;

(C)
Obtain personnel necessary for the performance of its duties;

(D)

Adopt
rules that regulate its organization and operation, that implement
sections 5139.34 and 5139.41 to 5139.43 of the Revised Code, and that
pertain to the administration of other sections of this chapter;

(E)

Submit reports of its operations to the governor and the general
assembly by the thirty-first day of January of each odd-numbered
year;

(F)
(E)

Conduct a program of research in diagnosis, training, and treatment
of delinquent children to evaluate the effectiveness of the
department's services and to develop more adequate methods;

(G)
(F)

Develop a standard form for the disposition investigation report that
a juvenile court is required pursuant to section 2152.18 of the
Revised Code to complete and provide to the department when the court
commits a child to the legal custody of the department;

(H)
(G)

Provide the state public defender the reasonable access authorized
under division (I) of section 120.06 of the Revised Code in order to
fulfill the department's constitutional obligation to provide
juveniles who have been committed to the department's care access to
the courts.

(I)
(H)

Do all other acts
,
except for adopting rules,

necessary or desirable to carry out this chapter.

Sec.
5139.281.
The
department of youth services shall adopt rules prescribing the manner
of application for financial assistance under this section for the
operation and maintenance of a detention facility provided, or
district detention facility established, under section 2151.41 of the
Revised Code and prescribing minimum standards of operation,
including criteria for programs of education, training, counseling,
recreation, health, and safety, and qualifications of personnel with
which a facility shall comply as a condition of eligibility for
assistance under this section. If the board of county commissioners
providing a detention facility or the board of trustees of a district
detention facility applies to the department for assistance and if
the department finds that the application is in accordance with the
rules adopted under this section and that the facility meets the
minimum standards adopted under this section, the department may
grant assistance to the applicant board for the operation and
maintenance of each facility in an amount not to exceed fifty per
cent of the approved annual operating cost. The board shall make a
separate application for each year for which assistance is requested.

The
department shall adopt
any
necessary
rules
for the care, treatment, and training in a district detention
facility of children found to be delinquent children and committed to
the facility by the juvenile court under section 2151.19 of the
Revised Code and may approve for this purpose any facility that is
found to be in compliance with the rules it adopts.

The
department shall fund, at least once every six months, in-service
training programs approved by the department for staff members of
detention facilities or district detention facilities.

Sec.
5139.33.
(A)
The department of youth services shall make grants in accordance with
this section to encourage counties to use community-based programs
and services for juveniles who are adjudicated delinquent children
for the commission of acts that would be felonies if committed by an
adult.

(B)
Each county seeking a grant under this section shall file an
application with the department of youth services. The application
shall be filed at the time and in accordance with procedures
established by the department in rules adopted under this section.
Each application shall be accompanied by a plan designed to reduce
the county's commitment percentage, or to enable it to maintain or
attain a commitment percentage that is equal to or below the
statewide average commitment percentage. A county's commitment
percentage is the percentage determined by dividing the number of
juveniles the county committed to the department during the year by
the number of juveniles who were eligible to be committed. The
statewide average commitment percentage is the percentage determined
by dividing the number of juveniles in the state committed to the
department during the year by the number of juveniles who were
eligible to be committed. These percentages shall be determined by
the department using the most reliable data available to it.

Each
plan shall include a method of ensuring equal access for minority
youth to the programs and services for which the grant will be used.

The
department shall review each application and plan to ensure that the
requirements of this division are satisfied. Any county applying for
a grant under this section that received a grant under this section
during the preceding year and that failed to meet its commitment
goals for that year shall make the changes in its plan that the
department requires in order to continue to be eligible for grants
under this section.

(C)
Subject to division (E) of this section, the amounts appropriated for
the purpose of making grants under this section shall be distributed
annually on a per capita basis among the counties that have complied
with division (B) of this section.

(D)
The department shall adopt rules to
implement
this section. The rules shall include, but are not limited
to,
establish

procedures and schedules for submitting applications and plans under
this section, including procedures allowing joint-county applications
and plans; and procedures for monitoring and evaluating the
effectiveness of the programs and services financed with grant money,
the enhancement of the use of local facilities and services, and the
adequacy of the supervision and treatment provided to juveniles by
those programs and services.

(E)(1)
Three months prior to the implementation of the felony delinquent
care and custody program described in section 5139.43 of the Revised
Code, each county that is entitled to a grant under this section
shall receive its grant money for the fiscal year or the remainder of
its grant money for the fiscal year, other than any grant money to
which it is entitled and that is set aside by the department of youth
services for purposes of division (E)(2) of this section. The grant
money so distributed shall be paid in a lump sum.

(2)
During the first twelve months that the felony delinquent care and
custody program described in section 5139.43 of the Revised Code is
implemented in a county, any grant or the remainder of any grant to
which a county is entitled and that is payable from the appropriation
made to the department of youth services for community sanctions
shall be distributed as follows:

(a)
In the first quarter of the twelve-month period, the county shall
receive one hundred per cent of the quarterly distribution.

(b)
In the second quarter of the twelve-month period, the county shall
receive seventy-five per cent of the quarterly distribution.

(c)
In the third quarter of the twelve-month period, the county shall
receive fifty per cent of the quarterly distribution.

(d)
In the fourth quarter of the twelve-month period, the county shall
receive twenty-five per cent of the quarterly distribution.

(3)
Grant moneys received pursuant to divisions (E)(1) and (2) of this
section shall be transmitted by the juvenile court of the recipient
county to the county treasurer, shall be deposited by the county
treasurer into the felony delinquent care and custody fund created
pursuant to division (B)(1) of section 5139.43 of the Revised Code,
and shall be used by the juvenile court in accordance with division
(B)(2) of that section. The grant moneys shall be in addition to, and
shall not be used to reduce, any usual annual increase in county
funding that the juvenile court is eligible to receive or the current
level of county funding of the juvenile court and of any programs or
services for delinquent children, unruly children, or juvenile
traffic offenders.

(4)
One year after the commencement of its operation of the felony
delinquent care and custody program described in section 5139.43 of
the Revised Code, the department shall not make any further grants
under this section.

Sec.
5139.34.
(A)
Funds may be appropriated to the department of youth services for the
purpose of granting state subsidies to counties. A county or the
juvenile court that serves a county shall use state subsidies granted
to the county pursuant to this section only in accordance with
divisions (B)(2)(a) and (3)(a) of section 5139.43 of the Revised Code

and the rules pertaining to the state subsidy funds that the
department adopts pursuant to division (D) of section 5139.04 of the
Revised Code
.
The department shall not grant financial assistance pursuant to this
section for the provision of care and services for children in a
placement facility unless the facility has been certified, licensed,
or approved by a state or national agency with certification,
licensure, or approval authority, including, but not limited to, the
department of children and youth, department of education and
workforce, department of mental health and addiction services,
department of developmental disabilities, or American correctional
association. For the purposes of this section, placement facilities
do not include a state institution or a county or district children's
home.

The
department of youth services also shall not grant financial
assistance pursuant to this section for the provision of care and
services for children, including, but not limited to, care and
services in a detention facility, in another facility, or in
out-of-home placement
,
unless the minimum standards applicable to the care and services that
the department prescribes in rules adopted pursuant to division (D)
of section 5139.04 of the Revised Code have been satisfied
.

(B)
The department of youth services shall apply the following formula to
determine the amount of the annual grant that each county is to
receive pursuant to division (A) of this section, subject to the
appropriation for this purpose to the department made by the general
assembly:

(1)
Each county shall receive a basic annual grant of fifty thousand
dollars.

(2)
The sum of the basic annual grants provided under division (B)(1) of
this section shall be subtracted from the total amount of funds
appropriated to the department of youth services for the purpose of
making grants pursuant to division (A) of this section to determine
the remaining portion of the funds appropriated. The remaining
portion of the funds appropriated shall be distributed on a per
capita basis to each county that has a population of more than
twenty-five thousand for that portion of the population of the county
that exceeds twenty-five thousand.

(C)(1)
Prior to a county's receipt of an annual grant pursuant to this
section, the juvenile court that serves the county shall prepare,
submit, and file in accordance with division (B)(3)(a) of section
5139.43 of the Revised Code an annual grant agreement and application
for funding that is for the combined purposes of, and that satisfies
the requirements of, this section and section 5139.43 of the Revised
Code. In addition to the subject matters described in division
(B)(3)(a) of section 5139.43 of the Revised Code

or in the rules that the department adopts to implement that
division
,
the annual grant agreement and application for funding shall address
fiscal accountability and performance matters pertaining to the
programs, care, and services that are specified in the agreement and
application and for which state subsidy funds granted pursuant to
this section will be used.

(2)
The county treasurer of each county that receives an annual grant
pursuant to this section shall deposit the state subsidy funds so
received into the county's felony delinquent care and custody fund
created pursuant to division (B)(1) of section 5139.43 of the Revised
Code. Subject to exceptions prescribed in section 5139.43 of the
Revised Code that may apply to the disbursement, the department shall
disburse the state subsidy funds to which a county is entitled in a
lump sum payment that shall be made in July of each calendar year.

(3)
Upon an order of the juvenile court that serves a county and subject
to appropriation by the board of county commissioners of that county,
a county treasurer shall disburse from the county's felony delinquent
care and custody fund the state subsidy funds granted to the county
pursuant to this section for use only in accordance with this
section, the applicable provisions of section 5139.43 of the Revised
Code, and the county's approved annual grant agreement and
application for funding.

(4)
The moneys in a county's felony delinquent care and custody fund that
represent state subsidy funds granted pursuant to this section are
subject to appropriation by the board of county commissioners of the
county; shall be disbursed by the county treasurer as required by
division (C)(3) of this section; shall be used in the manners
referred to in division (C)(3) of this section; shall not revert to
the county general fund at the end of any fiscal year; shall carry
over in the felony delinquent care and custody fund from the end of
any fiscal year to the next fiscal year; shall be in addition to, and
shall not be used to reduce, any usual annual increase in county
funding that the juvenile court is eligible to receive or the current
level of county funding of the juvenile court and of any programs,
care, or services for alleged or adjudicated delinquent children,
unruly children, or juvenile traffic offenders or for children who
are at risk of becoming delinquent children, unruly children, or
juvenile traffic offenders; and shall not be used to pay for the care
and custody of felony delinquents who are in the care and custody of
an institution pursuant to a commitment, recommitment, or revocation
of a release on parole by the juvenile court of that county or who
are in the care and custody of a community corrections facility
pursuant to a placement by the department as described in division
(E) of section 5139.36 of the Revised Code.

(5)
As a condition of the continued receipt of state subsidy funds
pursuant to this section, each county and the juvenile court that
serves each county that receives an annual grant pursuant to this
section shall comply with divisions (B)(3)(b), (c), and (d) of
section 5139.43 of the Revised Code.

Sec.
5139.43.
(A)
The department of youth services shall operate a felony delinquent
care and custody program that shall be operated in accordance with
the formula developed pursuant to section 5139.41 of the Revised
Code, subject to the conditions specified in this section.

(B)(1)
Each juvenile court shall use the moneys disbursed to it by the
department of youth services pursuant to division (B) of section
5139.41 of the Revised Code in accordance with the applicable
provisions of division (B)(2) of this section and shall transmit the
moneys to the county treasurer for deposit in accordance with this
division. The county treasurer shall create in the county treasury a
fund that shall be known as the felony delinquent care and custody
fund and shall deposit in that fund the moneys disbursed to the
juvenile court pursuant to division (B) of section 5139.41 of the
Revised Code. The county treasurer also shall deposit into that fund
the state subsidy funds granted to the county pursuant to section
5139.34 of the Revised Code. The moneys disbursed to the juvenile
court pursuant to division (B) of section 5139.41 of the Revised Code
and deposited pursuant to this division in the felony delinquent care
and custody fund shall not be commingled with any other county funds
except state subsidy funds granted to the county pursuant to section
5139.34 of the Revised Code; shall not be used for any capital
construction projects; upon an order of the juvenile court and
subject to appropriation by the board of county commissioners, shall
be disbursed to the juvenile court for use in accordance with the
applicable provisions of division (B)(2) of this section; shall not
revert to the county general fund at the end of any fiscal year; and
shall carry over in the felony delinquent care and custody fund from
the end of any fiscal year to the next fiscal year. The maximum
balance carry-over at the end of each respective fiscal year in the
felony delinquent care and custody fund in any county from funds
allocated to the county pursuant to sections 5139.34 and 5139.41 of
the Revised Code in the previous fiscal year shall not exceed an
amount to be calculated as provided in the formula set forth in this
division, unless that county has applied for and been granted an
exemption by the director of youth services. Beginning June 30, 2008,
the maximum balance carry-over at the end of each respective fiscal
year shall be determined by the following formula: for fiscal year
2008, the maximum balance carry-over shall be one hundred per cent of
the allocation for fiscal year 2007, to be applied in determining the
fiscal year 2009 allocation; for fiscal year 2009, it shall be fifty
per cent of the allocation for fiscal year 2008, to be applied in
determining the fiscal year 2010 allocation; for fiscal year 2010, it
shall be twenty-five per cent of the allocation for fiscal year 2009,
to be applied in determining the fiscal year 2011 allocation; and for
each fiscal year subsequent to fiscal year 2010, it shall be
twenty-five per cent of the allocation for the immediately preceding
fiscal year, to be applied in determining the allocation for the next
immediate fiscal year. The department shall withhold from future
payments to a county an amount equal to any moneys in the felony
delinquent care and custody fund of the county that exceed the total
maximum balance carry-over that applies for that county for the
fiscal year in which the payments are being made and shall reallocate
the withheld amount. The department shall adopt rules for the
withholding and reallocation of moneys disbursed under sections
5139.34 and 5139.41 of the Revised Code and for the criteria and
process for a county to obtain an exemption from the withholding
requirement. The moneys disbursed to the juvenile court pursuant to
division (B) of section 5139.41 of the Revised Code and deposited
pursuant to this division in the felony delinquent care and custody
fund shall be in addition to, and shall not be used to reduce, any
usual annual increase in county funding that the juvenile court is
eligible to receive or the current level of county funding of the
juvenile court and of any programs or services for delinquent
children, unruly children, or juvenile traffic offenders.

(2)(a)
A county and the juvenile court that serves the county shall use the
moneys in its felony delinquent care and custody fund
in
accordance with rules that the department of youth services adopts
pursuant to division (D) of section 5139.04 of the Revised Code and

as
follows:

(i)
The moneys in the fund that represent state subsidy funds granted to
the county pursuant to section 5139.34 of the Revised Code shall be
used to aid in the support of prevention, early intervention,
diversion, treatment, and rehabilitation programs that are provided
for alleged or adjudicated unruly children or delinquent children or
for children who are at risk of becoming unruly children or
delinquent children. The county shall not use for capital
improvements more than fifteen per cent of the moneys in the fund
that represent the applicable annual grant of those state subsidy
funds.

(ii)
The moneys in the fund that were disbursed to the juvenile court
pursuant to division (B) of section 5139.41 of the Revised Code and
deposited pursuant to division (B)(1) of this section in the fund
shall be used to provide programs and services for the training,
treatment, or rehabilitation of felony delinquents that are
alternatives to their commitment to the department, including, but
not limited to, community residential programs, day treatment
centers, services within the home, and electronic monitoring, and
shall be used in connection with training, treatment, rehabilitation,
early intervention, or other programs or services for any delinquent
child, unruly child, or juvenile traffic offender who is under the
jurisdiction of the juvenile court.

The
fund also may be used for prevention, early intervention, diversion,
treatment, and rehabilitation programs that are provided for alleged
or adjudicated unruly children, delinquent children, or juvenile
traffic offenders or for children who are at risk of becoming unruly
children, delinquent children, or juvenile traffic offenders.
Consistent with division (B)(1) of this section, a county and the
juvenile court of a county shall not use any of those moneys for
capital construction projects.

(iii)
Moneys in the fund shall not be used to support programs or services
that do not comply with federal juvenile justice and delinquency
prevention core requirements or to support programs or services that
research has shown to be ineffective. Research-supported,
outcome-based programs and services, to the extent they are
available, shall be encouraged.

(iv)
The county and the juvenile court that serves the county may use
moneys in the fund to provide out-of-home placement of children only
in detention centers, community rehabilitation centers, or community
corrections facilities approved by the department pursuant to
standards adopted by the department, licensed by an authorized state
agency, or accredited by the American correctional association or
another national organization recognized by the department.

(b)
Each juvenile court shall comply with division (B)(3)(d) of this
section as implemented by the department. If a juvenile court fails
to comply with division (B)(3)(d) of this section, the department
shall not be required to make any disbursements in accordance with
division (C) of section 5139.41 or division (C)(2) of section 5139.34
of the Revised Code.

(3)

In
accordance with rules adopted by the department pursuant to division
(D) of section 5139.04 of the Revised Code, each
Each

juvenile
court and the county served by that juvenile court shall do all of
the following that apply:

(a)
The juvenile court shall prepare an annual grant agreement and
application for funding that satisfies the requirements of this
section and section 5139.34 of the Revised Code and that pertains to
the use, upon an order of the juvenile court and subject to
appropriation by the board of county commissioners, of the moneys in
its felony delinquent care and custody fund for specified programs,
care, and services as described in division (B)(2)(a) of this
section, shall submit that agreement and application to the county
family and children first council, the regional family and children
first council, or the local intersystem services to children cluster
as described in sections 121.37 and 121.38 of the Revised Code,
whichever is applicable, and shall file that agreement and
application with the department for its approval. The annual grant
agreement and application for funding shall include a method of
ensuring equal access for minority youth to the programs, care, and
services specified in it.

The
department may approve an annual grant agreement and application for
funding only if the juvenile court involved has complied with the
preparation, submission, and filing requirements described in
division (B)(3)(a) of this section. If the juvenile court complies
with those requirements and the department approves that agreement
and application, the juvenile court and the county served by the
juvenile court may expend the state subsidy funds granted to the
county pursuant to section 5139.34 of the Revised Code only in
accordance with division (B)(2)(a) of this section
,
the rules pertaining to state subsidy funds that the department
adopts pursuant to division (D) of section 5139.04 of the Revised
Code,

and the approved agreement and application.

(b)
By the thirty-first day of August of each year, the juvenile court
shall file with the department a report that contains all of the
statistical and other information for each month of the prior state
fiscal year. If the juvenile court fails to file the report required
by division (B)(3)(b) of this section by the thirty-first day of
August of any year, the department shall not disburse any payment of
state subsidy funds to which the county otherwise is entitled
pursuant to section 5139.34 of the Revised Code and shall not
disburse pursuant to division (B) of section 5139.41 of the Revised
Code the applicable allocation until the juvenile court fully
complies with division (B)(3)(b) of this section.

(c)
If the department requires the juvenile court to prepare monthly
statistical reports and to submit the reports on forms provided by
the department, the juvenile court shall file those reports with the
department on the forms so provided. If the juvenile court fails to
prepare and submit those monthly statistical reports within the
department's timelines, the department shall not disburse any payment
of state subsidy funds to which the county otherwise is entitled
pursuant to section 5139.34 of the Revised Code and shall not
disburse pursuant to division (B) of section 5139.41 of the Revised
Code the applicable allocation until the juvenile court fully
complies with division (B)(3)(c) of this section. If the juvenile
court fails to prepare and submit those monthly statistical reports
within one hundred eighty days of the date the department establishes
for their submission, the department shall not disburse any payment
of state subsidy funds to which the county otherwise is entitled
pursuant to section 5139.34 of the Revised Code and shall not
disburse pursuant to division (B) of section 5139.41 of the Revised
Code the applicable allocation, and the state subsidy funds and the
remainder of the applicable allocation shall revert to the
department. If a juvenile court states in a monthly statistical
report that the juvenile court adjudicated within a state fiscal year
five hundred or more children to be delinquent children for
committing acts that would be felonies if committed by adults and if
the department determines that the data in the report may be
inaccurate, the juvenile court shall have an independent auditor or
other qualified entity certify the accuracy of the data on a date
determined by the department.

(d)
If the department requires the juvenile court and the county to
participate in a fiscal monitoring program or another monitoring
program that is conducted by the department to ensure compliance by
the juvenile court and the county with division (B) of this section,
the juvenile court and the county shall participate in the program
and fully comply with any guidelines for the performance of audits
adopted by the department pursuant to that program and all requests
made by the department pursuant to that program for information
necessary to reconcile fiscal accounting. If an audit that is
performed pursuant to a fiscal monitoring program or another
monitoring program described in this division determines that the
juvenile court or the county used moneys in the county's felony
delinquent care and custody fund for expenses that are not authorized
under division (B) of this section, within forty-five days after the
department notifies the county of the unauthorized expenditures, the
county either shall repay the amount of the unauthorized expenditures
from the county general revenue fund to the state's general revenue
fund or shall file a written appeal with the department. If an appeal
is timely filed, the director of the department shall render a
decision on the appeal and shall notify the appellant county or its
juvenile court of that decision within forty-five days after the date
that the appeal is filed. If the director denies an appeal, the
county's fiscal agent shall repay the amount of the unauthorized
expenditures from the county general revenue fund to the state's
general revenue fund within thirty days after receiving the
director's notification of the appeal decision.

(C)
The determination of which county a reduction of the care and custody
allocation will be charged against for a particular youth shall be
made as outlined below for all youths who do not qualify as public
safety beds. The determination of which county a reduction of the
care and custody allocation will be charged against shall be made as
follows until each youth is released:

(1)
In the event of a commitment, the reduction shall be charged against
the committing county.

(2)
In the event of a recommitment, the reduction shall be charged
against the original committing county until the expiration of the
minimum period of institutionalization under the original order of
commitment or until the date on which the youth is admitted to the
department of youth services pursuant to the order of recommitment,
whichever is later. Reductions of the allocation shall be charged
against the county that recommitted the youth after the minimum
expiration date of the original commitment.

(3)
In the event of a revocation of a release on parole, the reduction
shall be charged against the county that revokes the youth's parole.

(D)
A juvenile court is not precluded by its allocation amount for the
care and custody of felony delinquents from committing a felony
delinquent to the department of youth services for care and custody
in an institution or a community corrections facility when the
juvenile court determines that the commitment is appropriate.

Sec.
5145.03.
(A)

The
department of rehabilitation and correction, subject to the approval
of the governor, shall make any rules for the government of prisoners
that tend to promote their reformation, or be necessary for the
purpose of sections 5145.01 to 5145.27 of the Revised Code, except
that any rules that govern penal manufacturing and service industries
and agriculture or labor performed by prisoners and that do not
govern security shall be adopted pursuant to division (B) of this
section. The department shall make provisions for the separation or
classification of prisoners, their division into different grades
with promotion or degradation according to merit or demerit, their
instruction in industrial pursuits, and their education.

(B)

The director of the department of rehabilitation and correction shall
adopt rules
for
the administration of the department's program for employment of
prisoners that is established pursuant to section 5145.16 of the
Revised Code. The rules shall be adopted, amended, and rescinded
pursuant to Chapter 119. of the Revised Code, except that rules
governing security shall not be adopted pursuant to that chapter and
except that no prisoner who is in the custody of the department and
who is incarcerated has any legal right to attend any hearing that is
held on the rules pursuant to that chapter and that is held outside
the institution in which the prisoner is incarcerated; however, the
attorney for any prisoner may attend the hearing on behalf of the
prisoner. The director may hold hearings on the rules pursuant to

that

chapter
at any of the department's correctional institutions to receive
comment from prisoners, which hearings may be attended by prisoners
incarcerated at the institution at which any of the hearings is held.
The rules shall
provide
for the following:

(1)
A procedure for seeking the employment of prisoners in penal
industries and agriculture, in private industry and agriculture
located within or outside the department's institutions, in public
works, in institutional jobs necessary for the proper maintenance or
operation of the department's institutions, and in other appropriate
forms of labor;

(2)
A system of compensation, allowances, hours, conditions of
employment, and advancement for prisoners who are employed in any
form of labor;

(3)
The regulation of the working conditions for prisoners who are
employed in any form of labor;

(4)
The categorization of all jobs performed by prisoners into levels,
grades within the levels, or other appropriate categories based upon
the skills required to perform the job, the security required for the
job, the location at which the job is performed, and any other
relevant characteristics of the job;

(5)
A procedure for the assignment of prisoners to perform jobs in
correctional industries and agriculture, and in private industry and
agriculture, that are located in institutions under the control of
the department other than the institutions to which the prisoners are
committed;

(6)
A procedure for the periodic review of each prisoner's performance at

his
the
prisoner's

jobs and for the periodic evaluation of the prisoner's qualifications
for other jobs at higher grades, levels, or categories, with
different skill requirements, with different career potential, with
other training potentials, or with other working conditions or
schedules;

(7)
An accounting system for the allocation of the earnings of each
prisoner;

(8)
A procedure for the transportation of prisoners whenever necessary
between institutions and to and from private industry or agriculture
to perform jobs;

(9)
A disciplinary procedure for violations of work or security
requirements
;

(10)
Any other rules on any subject that are otherwise necessary to
administer sections 5145.16 and 5145.161 of the Revised Code or to
provide employment for as many prisoners as possible
.

(C)
(B)

The department shall keep a correct daily record of the conduct of
each prisoner and of
his
the
prisoner's

fidelity and diligence in the performance of
his
the
prisoner's

work.

Sec.
5145.14.
Labor
or service shall not be performed by a prisoner within a correctional
institution, unless the labor or service is expressly authorized by
rules adopted by the department of rehabilitation and correction
pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code.

Sec.
5145.15.
The
department of rehabilitation and correction may, in accordance with
rules adopted pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code, employ a portion of the
prisoners in the manufacture of articles that are used by the state,
any other state, any political subdivision or institution of this
state, any other state, or the United States, or private persons. The
department may procure machinery and prepare shop room for that
purpose. The department may employ a portion of the prisoners in the
preparation and manufacture of any or all forms of road-making
material for use in the construction, improvement, maintenance, and
repair of highways, roads, or streets.

For
these purposes the department may, with the approval of the governor,
purchase the necessary land, quarries, buildings, machinery, and
erect buildings and shops for these purposes, and employ any persons
necessary to instruct the prisoners in such manufacture. The terms
and manner of employment of the persons who instruct the prisoners
shall be fixed and determined by the department.

Sec.
5145.161.
(A)
The program for the employment of prisoners within the custody of the
department of rehabilitation and correction that the department is
required to establish by division (A) of section 5145.16 of the
Revised Code shall be administered in accordance with any rules
adopted pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code and with the following
requirements:

(1)
The department shall consider the nature of the offense committed by
a prisoner, the availability of employment, the security requirements
for the prisoner, the prisoner's present state of mind, the
prisoner's record in the institution to which the prisoner has been
committed, and all other relevant factors when assigning a prisoner
to the prisoner's initial job assignment. The department, when making
a prisoner's initial job assignment, shall attempt to develop the
prisoner's work skills, provide rehabilitation for the prisoner,
consider the proximity to the prisoner's family, and permit the
prisoner to provide support for the prisoner's dependents if the
prisoner's earnings are sufficient for that to be feasible.

(2)(a)
Except as provided in division (A)(2)(b) of this section, no prisoner
shall be assigned to any job with the Ohio penal industries, or to
any other job level or job grade of prisoner employment that the
director of rehabilitation and correction may designate, unless the
prisoner has obtained, or enrolled in an education program that leads
to, a high school diploma or a certificate of high school
equivalence.

(b)
Division (A)(2)(a) of this section does not apply to either of the
following:

(i)
A prisoner who is determined, in accordance with a procedure approved
by the director, to be incapable of obtaining a diploma or
certificate of high school equivalence;

(ii)
A prisoner working in the Ohio penal industries as of February 1,
1999, who applied on or before May 1, 1999, for enrollment in a
program leading to a diploma or a certificate of high school
equivalence, and who has been enrolled in that program for less than
one year.

(3)
Each prisoner shall be required to perform the prisoner's job
satisfactorily, be permitted to be absent from the prisoner's job
only for legitimate reasons, be required to comply with all security
requirements, and be required to comply with any other reasonable job
performance standards.

(4)
A prisoner who advances from one job grade to the next higher job
grade within the job level, advances from one job level to the next
higher job level, or advances from one job category to the next
highest job category shall receive additional benefits in accordance
with the rules adopted pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code.

(5)
A prisoner shall not be eligible for a job in private industry or
agriculture, unless the prisoner meets the requirements of the
department for private employment that are set forth in rules adopted
pursuant to division
(B)
(A)

of section 5145.03 of the Revised Code.

(6)
A prisoner who violates the work requirements of any job grade,
level, or category shall be disciplined pursuant to the disciplinary
procedure adopted pursuant to division
(B)(9)
(A)(9)

of section 5145.03 of the Revised Code.

(B)
The department of rehabilitation and correction may administer the
program that it is required to establish by division (A) of section
5145.16 of the Revised Code in any manner that is consistent with
division (A) of this section, division
(B)
(A)

of section 5145.03, and section 5145.16 of the Revised Code.

Sec.
5147.30.
(A)
As used in this section, "prisoner" means any person
confined in the county jail in lieu of bail while awaiting trial, any
person committed to jail for nonpayment of a fine, or any person
sentenced by a court to the jail.

(B)
A board of county commissioners, by resolution adopted by a majority
vote of its members, may approve the establishment of a county jail
industry program for its county in accordance with this section.

(C)
Upon the adoption by the board of the resolution described in
division (B) of this section, a jail industry board shall be
established, consisting of three voting members appointed by the
board of county commissioners, three voting members appointed by the
county sheriff, and one voting member appointed jointly by the board
of county commissioners and the county sheriff. One of these voting
members shall have knowledge of and experience in the social
services, one in the field of labor, one in law enforcement, and one
in business. The initial appointments to the jail industry board
shall be made on the same date. Of the initial appointments, one by
the board of county commissioners and one by the county sheriff shall
be for terms ending one year after the date of appointment, two by
the board of county commissioners and two by the county sheriff shall
be for terms ending two years after that date, and the joint
appointment shall be for a term ending three years after that date.
Thereafter, terms of office for all appointed members shall be for
three years, with each term ending on the same day of the same month
as did the term that it succeeds. Any vacancy on the board shall be
filled in the same manner as the original appointment. Any member
appointed to fill a vacancy occurring prior to the expiration date of
the term for which the member's predecessor was appointed shall hold
office as a member for the remainder of that term. Any member shall
continue in office subsequent to the expiration date of the member's
term until the member's successor takes office, or until a period of
sixty days has elapsed, whichever occurs first.

The
jail industry board, by majority vote, may appoint additional persons
to serve as nonvoting members of the board.

Each
member of the jail industry board shall be reimbursed for expenses
actually and necessarily incurred in the performance of the member's
duties as a board member. The board of county commissioners, by
resolution, shall approve the expenses to be reimbursed.

(D)
A jail industry board established under division (C) of this section
shall establish a program for the employment of as many prisoners as
possible, except those unable to perform labor because of illness or
other health problems, security requirements, routine processing,
disciplinary action, or other reasonable circumstances or because
they are engaged in education or vocational or other training. The
employment may be in jail manufacturing and service industries and
agriculture, in private industry or agriculture that is located
within or outside the jail, in public works, in institutional jobs
necessary for the proper maintenance and operation of the jail, or in
any other appropriate form of labor. The county shall attempt to
employ, provide employment for, and seek employment for as many
prisoners as possible through the program. The county is not required
to provide employment for every employable prisoner when the
available funds, facilities, or jobs are insufficient to provide the
employment; however, a county that has a county jail industry program
shall continuously seek sources of employment for as many employable
prisoners as possible.

(E)
The jail industry program established under division (D) of this
section shall do all of the following:

(1)
Establish a system for assigning prisoners to perform jobs, for
periodically evaluating the job performance of each prisoner, and for
periodically evaluating the qualifications of each prisoner for other
jobs;

(2)
Attempt to provide jobs and job training for prisoners that will be
useful to them in obtaining employment when released, except that
institutional jobs at the jail need not be related to any previous
employment of the prisoner or relevant to any job the prisoner
intends to pursue after release from jail;

(3)
Establish an accounting system to administer and allocate the
earnings of each prisoner. The accounting system may permit earnings
to be used for payment of the employee taxes and workers'
compensation of the prisoner, for reimbursing the county for room and
board and for the expense of providing employment to the prisoner,
for restitution to the victims of the prisoner's offenses if the
prisoner voluntarily requests or is under court order to make
restitution payments, for fines and court costs, for support of the
dependents of the prisoner, and for an account for the prisoner.

(4)
Require all persons who employ prisoners to meet all applicable work
safety standards.

(F)
The jail industry board, with the approval of the county sheriff,
shall adopt rules
for
the establishment and administration of the
regarding
the
jail
industry program
.
The rules shall

that

provide
for all of the following:

(1)
A procedure for seeking the employment of prisoners in penal
industries and agriculture, in private industry and agriculture
located within or outside the county jail, in public works, in
institutional jobs necessary for the proper maintenance or operation
of the county's institutions, and in other appropriate forms of
labor;

(2)
A system of compensation, allowances, hours, conditions of
employment, and advancement for prisoners employed in any form of
labor;

(3)
The regulation of the working conditions of prisoners employed in any
form of labor;

(4)
An accounting system for the allocation of the earnings of each
prisoner
;

(5)
Any other rules on any subject that are necessary to administer the
program or to provide employment for as many prisoners as possible
.

(G)
In establishing and administering a county jail industry program, the
board of county commissioners, upon the recommendation of the jail
industry board and the county sheriff may do any of the following:

(1)
Enter into contracts with private industry, agriculture, and other
organizations or persons, and receive grants to establish test work
programs within or outside institutions under the control of the
county;

(2)
Enter into contracts with private industry for the establishment of
manufacturing and service industries within or near institutions
under the control of the county for the employment of prisoners;

(3)
Enter into contracts with private industry, agriculture, and other
organizations or persons to provide employment for prisoners;

(4)
Enter into any other contracts or perform any other functions that
are necessary for the county jail industry program.

(H)
The jail industry program established under division (D) of this
section shall be administered in accordance with any rules adopted by
the jail industry board pursuant to division (F) of this section and
with the following requirements:

(1)
The county sheriff at all times shall be responsible for the security
and discipline of the prisoners in the program. The sheriff shall
adopt a procedure for the discipline of a prisoner who violates the
requirements of a job in the program, and the sheriff may remove a
prisoner from the program if the sheriff determines that
considerations of security or discipline require it.

(2)
When making the initial job assignment for a prisoner whom the county
sheriff has approved for participation in the program, the board
shall consider the nature of the offense committed by the prisoner,
the availability of employment, the security requirements of the
prisoner, the prisoner's present state of mind, the prisoner's jail
record, and all other relevant factors. When making the initial job
assignment of a prisoner, the board shall attempt to develop the work
skills of the prisoner, provide the prisoner rehabilitation, consider
the proximity of the job to the prisoner's family, and permit the
prisoner to provide support for the prisoner's dependents if the
prisoner's earnings are sufficient to make that feasible.

(3)
Each prisoner shall be required to perform satisfactorily the job to
which the prisoner is assigned, be permitted to be absent from that
job only for legitimate reasons, be required to comply with all
security requirements, and be required to comply with any other
reasonable job performance standards.

(4)
A prisoner who violates the work requirements of any job shall be
disciplined pursuant to the disciplinary procedure adopted by the
county sheriff pursuant to division (H)(1) of this section.

Sec.
5149.101.
(A)(1)(a)
A victim of a violation of section 2903.01 or 2903.02 of the Revised
Code, an offense of violence that is a felony of the first, second,
or third degree, or an offense punished by a sentence of life
imprisonment, the victim's representative, or any person described in
division (B)(5) of this section may request, through the office of
victims' services, for the board to hold a full board hearing that
relates to the proposed parole or re-parole of the person that
committed the violation. If a victim, victim's representative, or any
person described in division (B)(5) of this section requests a full
board hearing pursuant to this division, the board shall hold a full
board hearing.

(b)
A family member of a victim who is not described in division (B)(5)
of this section may request, through the office of victims' services,
for the board to hold a full board hearing that relates to the
proposed parole or re-parole of a person who committed a violation of
section 2903.01 or 2903.02 of the Revised Code, an offense of
violence that is a felony of the first, second, or third degree, or
an offense punished by a sentence of life imprisonment. At a meeting
of the board at which a majority of board members are present, the
majority of those present shall determine whether a full board
hearing shall be held, if a family member of the victim makes a
request pursuant to this division.

(c)
If a person is convicted of a violation of section 2903.01 or 2903.02
of the Revised Code, an offense of violence that is a felony of the
first, second, or third degree, or an offense punished by a sentence
of life imprisonment, the prosecuting attorney may submit a request
directly to the board to hold a full board hearing that relates to
the proposed parole or re-parole of the person who committed the
violation. If the prosecutor requests a full board hearing pursuant
to this division, the board shall hold a full board hearing.

(2)
At least thirty days before the full hearing, except as otherwise
provided in this division, the board shall give notice of the date,
time, and place of the hearing to the victim regardless of whether
the victim has requested the notification. The notice of the date,
time, and place of the hearing shall not be given under this division
to a victim if the victim has requested pursuant to division (B)(2)
of section 2930.03 of the Revised Code that the notice not be
provided to the victim. At least thirty days before the full board
hearing and regardless of whether the victim has requested that the
notice be provided or not be provided under this division to the
victim, the board shall give similar notice to the prosecuting
attorney in the case, the law enforcement agency that arrested the
prisoner if any officer of that agency was a victim of the offense,
and, if different than the victim, the person who requested the full
hearing. If the prosecuting attorney has not previously been sent an
institutional summary report with respect to the prisoner, upon the
request of the prosecuting attorney, the board shall include with the
notice sent to the prosecuting attorney an institutional summary
report that covers the offender's participation while confined in a
state correctional institution in training, work, and other
rehabilitative activities and any disciplinary action taken against
the offender while so confined. Upon the request of a law enforcement
agency that has not previously been sent an institutional summary
report with respect to the prisoner, the board also shall send a copy
of the institutional summary report to the law enforcement agency. If
notice is to be provided as described in this division, the board may
give the notice by any reasonable means, including regular mail,
telephone, and electronic mail, in accordance with division (D)(1) of
section 2930.16 of the Revised Code. If the notice is based on an
offense committed prior to March 22, 2013, the notice also shall
include the opt-out information described in division (D)(1) of
section 2930.16 of the Revised Code. The board, in accordance with
division (D)(2) of section 2930.16 of the Revised Code, shall keep a
record of all attempts to provide the notice, and of all notices
provided, under this division.

The
preceding paragraph, and the notice-related provisions of divisions
(E)(2) and (K) of section 2929.20, division (D)(1) of section
2930.16, division (H) of section 2967.12, division (E)(1)(b) of
section 2967.19 as it existed prior to April 4, 2023, division
(A)(3)(b) of section 2967.26, and division (D)(1) of section 2967.28
of the Revised Code enacted in the act in which this paragraph was
enacted, shall be known as "Roberta's Law."

(B)
At a full board hearing that relates to the proposed parole or
re-parole of a prisoner and that has been petitioned for or requested
in accordance with division (A) of this section, the parole board
shall permit the following persons to appear and to give testimony or
to submit written statements:

(1)
The prosecuting attorney of the county in which the original
indictment against the prisoner was found and members of any law
enforcement agency that assisted in the prosecution of the original
offense;

(2)
The judge of the court of common pleas who imposed the original
sentence of incarceration upon the prisoner, or the judge's
successor;

(3)
The victim of the original offense for which the prisoner is serving
the sentence or the victim's representative designated pursuant to
section 2930.02 of the Revised Code;

(4)
The victim of any behavior that resulted in parole being revoked;

(5)
With respect to a full board hearing held pursuant to division
(A)(1)(a) or (c) of this section, all of the following:

(a)
The spouse of the victim of the original offense;

(b)
The parent or parents of the victim of the original offense;

(c)
The sibling of the victim of the original offense;

(d)
The child or children of the victim of the original offense.

(6)
A state public defender when designated by the director of the
department of rehabilitation and correction pursuant to division
(A)(5) of section 120.06 of the Revised Code, private counsel, or
some other person designated by the prisoner as a representative, as
permitted by the board.

(C)
Except as otherwise provided in this division, a full board hearing
of the parole board is not subject to section 121.22 of the Revised
Code. The persons who may attend a full board hearing are the persons
described in divisions (B)(1) to (6) of this section, and
representatives of the press, radio and television stations, and
broadcasting networks who are members of a generally recognized
professional media organization.

At
the request of a person described in division (B)(3) of this section,
representatives of the news media described in this division shall be
excluded from the hearing while that person is giving testimony at
the hearing. The prisoner being considered for parole has no right to
be present at the hearing, but may be represented as described in
division (B)(6) of this section.

If
there is an objection at a full board hearing to a recommendation for
the parole of a prisoner, the board may approve or disapprove the
recommendation or defer its decision until a subsequent full board
hearing. The board may permit interested persons other than those
listed in this division and division (B) of this section to attend
full board hearings pursuant to rules adopted by the adult parole
authority.

(D)
If the victim of the original offense died as a result of the offense
and the offense was aggravated murder, murder, an offense of violence
that is a felony of the first, second, or third degree, or an offense
punished by a sentence of life imprisonment, the family of the victim
may show at a full board hearing a video recording not exceeding five
minutes in length memorializing the victim.

(E)
The adult parole authority shall adopt rules
for
the implementation of this section. The rules shall specify

specifying

reasonable
restrictions on the number of media representatives that may attend a
hearing, based on considerations of space, and
other
procedures designed to accomplish an effective, orderly process for
full board hearings
a
protocol for permitting interested persons other than those listed in
divisions (B) and (C) of this section to attend full board hearings
.

Sec.
5149.31.
(A)
The department of rehabilitation and correction shall do all of the
following:

(1)
Establish and administer a program of subsidies for eligible counties
and groups of counties for felony offenders and a program of
subsidies for eligible municipal corporations, counties, and groups
of counties for misdemeanor offenders for the development,
implementation, and operation of community corrections programs.
Department expenditures for administration of both programs of
subsidies shall not exceed ten per cent of the moneys appropriated
for each of the purposes of this division.

(2)
Adopt and promulgate rules, under Chapter 119. of the Revised Code,
providing standards for community corrections programs
.
The standards adopted by the department shall specify

that do both of the following:

(a)
Specify
the
class of offender whose degree of felony, whose community control
sanction revocation history, or whose risk level as assessed by the
single validated risk assessment tool described in section 5120.114
of the Revised Code, make the offender suitable for participation in
community corrections programs
.
The rules shall make
;

(b)
Make
the
level of subsidy provided to every county or group of counties
contingent upon the number of offenders participating in community
corrections programs each fiscal year who satisfy the participation
suitability standards established by the department and upon the
outcomes of any performance-based standards established by the
department. The standards shall be designed to improve the quality
and efficiency of the programs, to support evidence-based policies
and practices, as defined by the department, and to reduce the number
of persons committed to state correctional institutions and to
county, multicounty, municipal, municipal-county, or
multicounty-municipal jails or workhouses for offenses for which
community control sanctions are authorized under section 2929.13,
2929.15, or 2929.25 of the Revised Code. In developing the standards,
the department shall consult with, and seek the advice of, local
corrections agencies, law enforcement agencies, and other public and
private agencies concerned with corrections. The department shall
conduct, and permit participation by local corrections planning
boards established under section 5149.34 of the Revised Code and
joint county corrections planning boards established under section
5149.35 of the Revised Code in, an annual review of the standards to
measure their effectiveness in promoting the purposes specified in
this division and shall amend or rescind any existing rule providing
a standard or adopt and promulgate additional rules providing
standards, under Chapter 119. of the Revised Code, if the review
indicates that the standards fail to promote the purposes.

(3)
Accept and use any funds, goods, or services from the federal
government or any other public or private source for the support of
the subsidy programs established under division (A) of this section.
The department may comply with any conditions and enter into any
agreements that it considers necessary to obtain these funds, goods,
or services.

(4)

Adopt
rules, in accordance with Chapter 119. of the Revised Code, and do
all other things necessary to implement sections 5149.30 to 5149.37
of the Revised Code;

(5)

Evaluate or provide for the evaluation of community corrections
programs funded by the subsidy programs established under division
(A)(1) of this section and establish means of measuring their
effectiveness;

(6)
(5)

Prepare an annual report evaluating the subsidy programs established
under division (A)(1) of this section. The report shall include, but
need not be limited to, analyses of the structure of the programs and
their administration by the department, the effectiveness of the
programs in the development and implementation of community
corrections programs, the specific standards adopted and promulgated
under division (A)(2) of this section and their effectiveness in
promoting the purposes of the programs, and the findings of the
evaluations conducted under division (A)(5) of this section. The
director of rehabilitation and correction shall review and certify
the accuracy of the report and provide copies of it, upon request, to
members of the general assembly.

(7)

(6)

Provide
training or assistance, upon the request of a local corrections
planning board or a joint county corrections planning board, to any
local unit of government, subject to available resources of the
department.

(B)(1)
In order to be eligible for the subsidies under this section,
counties, groups of counties, and municipal corporations shall
satisfy all applicable requirements under sections 2301.27 and
2301.30 of the Revised Code and, except for sentencing decisions made
by a court when use of the risk assessment tool is discretionary,
shall utilize the single validated risk assessment tool selected by
the department under section 5120.114 of the Revised Code.

(2)
The department shall give any county, group of counties, or municipal
corporation found to be noncompliant with the requirements described
in division (B)(1) of this section a reasonable period of time to
come into compliance. If the noncompliant county, group of counties,
or municipal corporation does not become compliant after a reasonable
period of time, the department shall reduce or eliminate the subsidy
granted to that county, group of counties, or municipal corporation.

Sec.
5153.111.
(A)(1)
The executive director of a public children services agency shall
request the superintendent of the bureau of criminal identification
and investigation to conduct a criminal records check with respect to
any applicant who has applied to the agency for employment as a
person responsible for the care, custody, or control of a child. If
the applicant does not present proof that the applicant has been a
resident of this state for the five-year period immediately prior to
the date upon which the criminal records check is requested or does
not provide evidence that within that five-year period the
superintendent has requested information about the applicant from the
federal bureau of investigation in a criminal records check, the
executive director shall request that the superintendent obtain
information from the federal bureau of investigation as a part of the
criminal records check for the applicant. If the applicant presents
proof that the applicant has been a resident of this state for that
five-year period, the executive director may request that the
superintendent include information from the federal bureau of
investigation in the criminal records check.

(2)
Any person required by division (A)(1) of this section to request a
criminal records check shall provide to each applicant a copy of the
form prescribed pursuant to division (C)(1) of section 109.572 of the
Revised Code, provide to each applicant a standard impression sheet
to obtain fingerprint impressions prescribed pursuant to division
(C)(2) of section 109.572 of the Revised Code, obtain the completed
form and impression sheet from each applicant, and forward the
completed form and impression sheet to the superintendent of the
bureau of criminal identification and investigation at the time the
person requests a criminal records check pursuant to division (A)(1)
of this section.

(3)
Any applicant who receives pursuant to division (A)(2) of this
section a copy of the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and a copy of an impression sheet
prescribed pursuant to division (C)(2) of that section and who is
requested to complete the form and provide a set of fingerprint
impressions shall complete the form or provide all the information
necessary to complete the form and shall provide the impression sheet
with the impressions of the applicant's fingerprints. If an
applicant, upon request, fails to provide the information necessary
to complete the form or fails to provide impressions of the
applicant's fingerprints, that agency shall not employ that applicant
for any position for which a criminal records check is required by
division (A)(1) of this section.

(B)(1)
Except as provided in rules adopted by the director of children and
youth in accordance with division (E) of this section, no public
children services agency shall employ a person as a person
responsible for the care, custody, or control of a child if the
person previously has been convicted of or pleaded guilty to any of
the following:

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

(b)
A violation of an existing or former law of this state, any other
state, or the United States that is substantially equivalent to any
of the offenses or violations described in division (B)(1)(a) of this
section.

(2)
A public children services agency may employ an applicant
conditionally until the criminal records check required by this
section is completed and the agency receives the results of the
criminal records check. If the results of the criminal records check
indicate that, pursuant to division (B)(1) of this section, the
applicant does not qualify for employment, the agency shall release
the applicant from employment.

(C)(1)
Each public children services agency shall pay to the bureau of
criminal identification and investigation the fee prescribed pursuant
to division (C)(3) of section 109.572 of the Revised Code for each
criminal records check conducted in accordance with that section upon
the request pursuant to division (A)(1) of this section of the
executive director of the agency.

(2)
A public children services agency may charge an applicant a fee for
the costs it incurs in obtaining a criminal records check under this
section. A fee charged under this division shall not exceed the
amount of fees the agency pays under division (C)(1) of this section.
If a fee is charged under this division, the agency shall notify the
applicant at the time of the applicant's initial application for
employment of the amount of the fee and that, unless the fee is paid,
the agency will not consider the applicant for employment.

(D)
The report of any criminal records check conducted by the bureau of
criminal identification and investigation in accordance with section
109.572 of the Revised Code and pursuant to a request under division
(A)(1) of this section is not a public record for the purposes of
section 149.43 of the Revised Code and shall not be made available to
any person other than the applicant who is the subject of the
criminal records check or the applicant's representative, the public
children services agency requesting the criminal records check or its
representative, and any court, hearing officer, or other necessary
individual involved in a case dealing with the denial of employment
to the applicant.

(E)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code
to
implement this section, including rules
specifying
circumstances under which a public children services agency may hire
a person who has been convicted of an offense listed in division
(B)(1) of this section but who meets standards in regard to
rehabilitation set by the department.

(F)
Any person required by division (A)(1) of this section to request a
criminal records check shall inform each person, at the time of the
person's initial application for employment, that the person is
required to provide a set of impressions of the person's fingerprints
and that a criminal records check is required to be conducted and
satisfactorily completed in accordance with section 109.572 of the
Revised Code if the person comes under final consideration for
appointment or employment as a precondition to employment for that
position.

(G)
As used in this section:

(1)
"Applicant" means a person who is under final consideration
for appointment or employment in a position with the agency as a
person responsible for the care, custody, or control of a child.

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

(3)
"Minor drug possession offense" has the same meaning as in
section 2925.01 of the Revised Code.

Sec.
5153.113.
(A)(1)
As used in this section, "applicant" has the same meaning
as in section 5153.111 of the Revised Code, and includes an intern
applicant or a volunteer applicant.

(2)
"Intern applicant" means a trainee seeking practical
educational and career experience who is under consideration for a
position with a public children services agency to work, with or
without monetary gain or compensation, as a person responsible for
the care, custody, or control of a child;

(3)
"Volunteer applicant" means a person who is under
consideration for a position with a public children services agency
to perform services within the agency voluntarily, without monetary
gain or compensation, as a person responsible for the care, custody,
or control of a child.

(B)
Notwithstanding division (I)(1) of section 2151.421, section 5153.17,
and any other section of the Revised Code pertaining to
confidentiality, before a public children services agency employs an
applicant, the executive director of the agency, or the executive
director's designee within the agency, shall review promptly any
information the agency determines to be relevant for the purpose of
evaluating the fitness of the applicant, including, but not limited
to, the following:

(1)
Abuse and neglect reports made pursuant to section 2151.421 of the
Revised Code of which the applicant is the subject where it has been
determined that abuse or neglect occurred;

(2)
The final disposition of investigations of the abuse and neglect
reports, or if the investigations have not been completed, the status
of the investigations;

(3)
Any underlying documentation concerning the reports.

(C)
The information reviewed under division (B) of this section shall not
include the name of the person or entity that made the report or
participated in the making of the report of child abuse or neglect.

(D)
The director of children and youth shall adopt rules pursuant to
Chapter 119. of the Revised Code to implement this section.

Sec.
5153.124.
(A)(1)
The director of children and youth shall adopt rules as necessary to
implement the training requirements of sections 5153.122 and 5153.123
of the Revised Code.

(2)
(A)

Not later than nine months after September 30, 2021, the director
shall adopt rules in accordance with Chapter 119. of the Revised Code
to establish the circumstances under which an executive director of a
public children services agency may waive portions of in-service
training for PCSA caseworkers, in addition to the waiver described in
section 5153.122 of the Revised Code.

(B)
Notwithstanding sections 5103.37 to 5103.42 and sections 5153.122 to
5153.127 of the Revised Code, the department of children and youth
may require additional training for PCSA caseworkers and PCSA
caseworker supervisors as necessary to comply with federal
requirements.

Sec.
5153.16.
(A)
Except as provided in section 2151.422 of the Revised Code, in
accordance with rules adopted under section 5153.166 of the Revised
Code, and on behalf of children in the county whom the public
children services agency considers to be in need of public care or
protective services, the public children services agency shall do all
of the following:

(1)
Make an investigation concerning any child alleged to be an abused,
neglected, or dependent child;

(2)
Enter into agreements with the parent, guardian, or other person
having legal custody of any child, or with the department of children
and youth, department of mental health and addiction services,
department of developmental disabilities, other department, any
certified organization within or outside the county, or any agency or
institution outside the state, having legal custody of any child,
with respect to the custody, care, or placement of any child, or with
respect to any matter, in the interests of the child, provided the
permanent custody of a child shall not be transferred by a parent to
the public children services agency without the consent of the
juvenile court;

(3)
Enter into a contract with an agency providing prevention services in
an effort to prevent neglect or abuse, to enhance a child's welfare,
and to preserve the family unit intact when referring a family for
prevention services under division (J) of section 2151.421 of the
Revised Code.

(4)
Accept custody of children committed to the public children services
agency by a court exercising juvenile jurisdiction;

(5)
Provide such care as the public children services agency considers to
be in the best interests of any child adjudicated to be an abused,
neglected, or dependent child the agency finds to be in need of
public care or service;

(6)
Provide social services to any unmarried girl adjudicated to be an
abused, neglected, or dependent child who is pregnant with or has
been delivered of a child;

(7)
Make available to the children with medical handicaps program of the
department of health at its request any information concerning a
child with a disability found to be in need of treatment under
sections 3701.021 to 3701.028 of the Revised Code who is receiving
services from the public children services agency;

(8)
Provide temporary emergency care for any child considered by the
public children services agency to be in need of such care, without
agreement or commitment;

(9)
Find certified foster homes, within or outside the county, for the
care of children, including children with disabilities from other
counties attending special schools in the county;

(10)
Subject to the approval of the board of county commissioners and the
department of children and youth, establish and operate a training
school or enter into an agreement with any municipal corporation or
other political subdivision of the county respecting the operation,
acquisition, or maintenance of any children's home, training school,
or other institution for the care of children maintained by such
municipal corporation or political subdivision;

(11)
Acquire and operate a county children's home, establish, maintain,
and operate a receiving home for the temporary care of children, or
procure certified foster homes for this purpose;

(12)
Enter into an agreement with the trustees of any district children's
home, respecting the operation of the district children's home in
cooperation with the other county boards in the district;

(13)
Cooperate with, make its services available to, and act as the agent
of persons, courts, the department of children and youth, the
department of health, and other organizations within and outside the
state, in matters relating to the welfare of children, except that
the public children services agency shall not be required to provide
supervision of or other services related to the exercise of parenting
time rights granted pursuant to section 3109.051 or 3109.12 of the
Revised Code or companionship or visitation rights granted pursuant
to section 3109.051, 3109.11, or 3109.12 of the Revised Code unless a
juvenile court, pursuant to Chapter 2151. of the Revised Code, or a
common pleas court, pursuant to division (E)(6) of section 3113.31 of
the Revised Code, requires the provision of supervision or other
services related to the exercise of the parenting time rights or
companionship or visitation rights;

(14)
Make investigations at the request of any superintendent of schools
in the county or the principal of any school concerning the
application of any child adjudicated to be an abused, neglected, or
dependent child for release from school, where such service is not
provided through a school attendance department;

(15)
Administer funds provided under Title IV-E of the "Social
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended
,
in accordance with rules adopted under section 5180.42 of the Revised
Code
;

(16)
In addition to administering Title IV-E adoption assistance funds,
enter into agreements to make adoption assistance payments under
section 5153.163 of the Revised Code;

(17)
Implement a system of safety and risk assessment, in accordance with
rules adopted by the director of children and youth, to assist the
public children services agency in determining the risk of abuse or
neglect to a child;

(18)
Enter into a plan of cooperation with the board of county
commissioners under section 307.983 of the Revised Code and comply
with each fiscal agreement the board enters into under section 307.98
of the Revised Code that include family services duties of public
children services agencies and contracts the board enters into under
sections 307.981 and 307.982 of the Revised Code that affect the
public children services agency;

(19)
Make reasonable efforts to prevent the removal of an alleged or
adjudicated abused, neglected, or dependent child from the child's
home, eliminate the continued removal of the child from the child's
home, or make it possible for the child to return home safely, except
that reasonable efforts of that nature are not required when a court
has made a determination under division (A)(2) of section 2151.419 of
the Revised Code;

(20)
Make reasonable efforts to place the child in a timely manner in
accordance with the permanency plan approved under division (E) of
section 2151.417 of the Revised Code and to complete whatever steps
are necessary to finalize the permanent placement of the child;

(21)
Administer a Title IV-A program identified under division (A)(4)(c)
or (h) of section 5101.80 of the Revised Code that the department of
children and youth provides for the public children services agency
to administer under the department's supervision pursuant to section
5101.801 of the Revised Code;

(22)
Administer the kinship permanency incentive program created under
section 5180.52 of the Revised Code under the supervision of the
director of children and youth;

(23)
Provide independent living services pursuant to sections 2151.81 to
2151.84 of the Revised Code;

(24)
File a missing child report with a local law enforcement agency upon
becoming aware that a child in the custody of the public children
services agency is or may be missing.

(B)
The public children services agency shall use the system implemented
pursuant to division (A)(17) of this section in connection with an
investigation undertaken pursuant to division (G)(1) of section
2151.421 of the Revised Code to assess both of the following:

(1)
The ongoing safety of the child;

(2)
The appropriateness of the intensity and duration of the services
provided to meet child and family needs throughout the duration of a
case.

(C)
Except as provided in section 2151.422 of the Revised Code, in
accordance with rules of the director of children and youth, and on
behalf of children in the county whom the public children services
agency considers to be in need of public care or protective services,
the public children services agency may do the following:

(1)
Provide or find, with other child serving systems, specialized foster
care for the care of children in a specialized foster home, as
defined in section 5103.02 of the Revised Code, certified under
section 5103.03 of the Revised Code;

(2)(a)
Except as limited by divisions (C)(2)(b) and (c) of this section,
contract with the following for the purpose of assisting the agency
with its duties:

(i)
County departments of job and family services;

(ii)
Boards of alcohol, drug addiction, and mental health services;

(iii)
County boards of developmental disabilities;

(iv)
Regional councils of political subdivisions established under Chapter
167. of the Revised Code;

(v)
Private and government providers of services;

(vi)
Managed care organizations and prepaid health plans.

(b)
A public children services agency contract under division (C)(2)(a)
of this section regarding the agency's duties under section 2151.421
of the Revised Code may not provide for the entity under contract
with the agency to perform any service not authorized by the
department's rules.

(c)
Only a county children services board appointed under section 5153.03
of the Revised Code that is a public children services agency may
contract under division (C)(2)(a) of this section. If an entity
specified in division (B) or (C) of section 5153.02 of the Revised
Code is the public children services agency for a county, the board
of county commissioners may enter into contracts pursuant to section
307.982 of the Revised Code regarding the agency's duties.

Sec.
5153.163.
(A)
As used in this section:

(1)
"Adoptive parent" means, as the context requires, a
prospective adoptive parent or an adoptive parent.

(2)
"Relative" has the same meaning as in section 5180.42 of
the Revised Code.

(B)(1)
Before a child's adoption is finalized, a public children services
agency may enter into an agreement with the child's adoptive parent
under which the agency, to the extent state funds are available, may
make state adoption maintenance subsidy payments as needed on behalf
of the child when all of the following apply:

(a)
The child is a child with special needs.

(b)
The child was placed in the adoptive home by a public children
services agency or a private child placing agency and may legally be
adopted.

(c)
The adoptive parent has the capability of providing the permanent
family relationships needed by the child.

(d)
The needs of the child are beyond the economic resources of the
adoptive parent.

(e)
Acceptance of the child as a member of the adoptive parent's family
would not be in the child's best interest without payments on the
child's behalf under this section.

(f)
The gross income of the adoptive parent's family does not exceed one
hundred twenty per cent of the median income of a family of the same
size, including the child, as most recently determined for this state
by the secretary of health and human services under Title XX of the
"Social Security Act," 88 Stat. 2337, 42 U.S.C.A. 1397, as
amended.

(g)
The child is not eligible for adoption assistance payments under
Title IV-E of the "Social Security Act," 94 Stat. 501
(1980), 42 U.S.C.A. 671, as amended.

(2)
State adoption maintenance subsidy payment agreements must be made by
either the public children services agency that has permanent custody
of the child or the public children services agency of the county in
which the private child placing agency that has permanent custody of
the child is located.

(3)
State adoption maintenance subsidy payments shall be made in
accordance with the agreement between the public children services
agency and the adoptive parent and are subject to an annual
redetermination of need.

(4)
Payments under this division may begin either before or after
issuance of the final adoption decree, except that payments made
before issuance of the final adoption decree may be made only while
the child is living in the adoptive parent's home. Preadoption
payments may be made for not more than twelve months, unless the
final adoption decree is not issued within that time because of a
delay in court proceedings. Payments that begin before issuance of
the final adoption decree may continue after its issuance.

(C)(1)
A public children services agency may enter into an agreement with a
child's relative under which the agency, to the extent state funds
are available, may provide state kinship guardianship assistance as
needed on behalf of the child when all of the following apply:

(a)
The relative has cared for the eligible child as a foster caregiver
as defined by section 5103.02 of the Revised Code for at least six
consecutive months.

(b)
Both of the following apply:

(i)
A juvenile court issued an order granting legal custody of the child
to the relative, or a probate court issued an order granting
guardianship of the child to the relative, and the order is not a
temporary court order.

(ii)
The relative has committed to care for the child on a permanent
basis.

(c)
The relative signed a state kinship guardianship assistance agreement
prior to assuming legal guardianship or legal custody of the child.

(d)
The child had been removed from home pursuant to a voluntary
placement agreement or as a result of a judicial determination to the
effect that continuation in the home would be contrary to the welfare
of the child.

(e)
Returning the child home or adoption are not appropriate permanency
options for the child.

(f)
The child demonstrates a strong attachment to the relative and the
relative has a strong commitment to caring permanently for the child.

(g)
With respect to a child who has attained fourteen years of age, the
child has been consulted regarding the state kinship guardianship
assistance arrangement.

(h)
The child is not eligible for kinship guardianship assistance
payments under Title IV-E of the "Social Security Act," 42
U.S.C. 673(d), as amended.

(2)
The public children services agency that had custody of a child
immediately prior to a court granting legal custody or guardianship
of the child to a relative of the child described in division (C)(1)
of this section is authorized to enter into a state kinship
guardianship assistance agreement with that relative.

(3)
State kinship guardianship assistance for a child shall be provided
in accordance with a state kinship guardianship assistance agreement
entered into between the public children services agency and relative
of the child described in division (C)(1) of this section and is
subject to an annual redetermination of need.

(D)
No payment shall be made under division (B) or (C) of this section on
behalf of any person eighteen years of age or older beyond the end of
the school year during which the person attains the age of eighteen
or on behalf of a person with a mental or physical disability
twenty-one years of age or older.

(E)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code
that
are needed to implement this section. The rules shall
that

establish
all of the following:

(1)
The application process for all forms of assistance provided under
this section;

(2)
The method to determine the amount of assistance payable under
division (B) of this section;

(3)
The definition of "child with special needs" for this
section;

(4)
The process whereby a child's continuing need for services provided
under division (B) or (C) of this section is annually redetermined
;

(5)
Any other rule, requirement, or procedure the department considers
appropriate for the implementation of this section
.

(F)
The state adoption special services subsidy program ceases to exist
on July 1, 2004, except that, subject to the findings of the annual
redetermination process established under division (E) of this
section and the child's individual need for services, a public
children services agency may continue to provide state adoption
special services subsidy payments on behalf of a child for whom
payments were being made prior to July 1, 2004.

(G)
Benefits and services provided under this section are inalienable
whether by way of assignment, charge, or otherwise and exempt from
execution, attachment, garnishment, and other like processes.

Sec.
5160.052.
The
department of medicaid shall collaborate with the superintendent of
the bureau of criminal identification and investigation to develop
procedures and formats necessary to produce the notices described in
division (D) of section 109.5721 of the Revised Code in a format that
is acceptable for use by the department. The medicaid director may
adopt rules
under
section 5160.02 of the Revised Code necessary
for
such collaboration. Any such rules shall be adopted in accordance
with section 111.15 of the Revised Code as if they were internal
management rules.

The
medicaid director may adopt rules
under
section 5160.02 of the Revised Code necessary
for
utilizing the information received pursuant to section 109.5721 of
the Revised Code. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
5160.10.
The
medicaid director may expend funds appropriated or available to the
department of medicaid from persons and government entities. For
purposes of this section, the director may enter into contracts or
agreements with persons and government entities and make grants to
persons and government entities. To the extent permitted by federal
law, the director may advance funds to a grantee when necessary for
the grantee to perform duties under the grant as specified by the
director.

The
director may adopt rules under section 5160.02 of the Revised Code as
necessary to define terms and adopt procedures and other provisions
necessary to implement this section.

Sec.
5160.12.
(A)
As used in this section, "entity" includes an agency,
board, commission, or department of the state or a political
subdivision of the state; a private, nonprofit entity; a school
district; a private school; or a public or private institution of
higher education.

(B)
This section does not apply to contracts entered into under section
5162.32 or 5162.35 of the Revised Code.

(C)
At the request of any public entity having authority to implement a
program administered by the department of medicaid or any private
entity under contract with a public entity to implement a program
administered by the department, the department may seek to obtain
federal financial participation for costs incurred by the entity.
Federal financial participation may be sought from programs operated
pursuant to Title XIX of the "Social Security Act," 42
U.S.C. 1396, et seq., and any other statute or regulation under which
federal financial participation may be available, except that federal
financial participation may be sought only for expenditures made with
funds for which federal financial participation is available under
federal law.

(D)
All funds collected by the department pursuant to division (C) of
this section shall be distributed to the entities that incurred the
costs.

(E)
In distributing federal financial participation pursuant to this
section, the department may either enter into an agreement with the
entity that is to receive the funds or distribute the funds in
accordance with rules authorized by division (H) of this section. If
the department decides to enter into an agreement to distribute the
funds, the agreement may include terms that do any of the following:

(1)
Provide for the whole or partial reimbursement of any cost incurred
by the entity in implementing the program;

(2)
In the event that federal financial participation is disallowed or
otherwise unavailable for any expenditure, require the department or
the entity, whichever party caused the disallowance or unavailability
of federal financial participation, to assume responsibility for the
expenditures;

(3)
Require the entity to certify to the department the availability of
sufficient unencumbered funds to match the federal financial
participation the entity receives under this section;

(4)
Establish the length of the agreement, which may be for a fixed or a
continuing period of time;

(5)
Establish any other requirements determined by the department to be
necessary for the efficient administration of the agreement.

(F)
An entity that receives federal financial participation pursuant to
this section for a program aiding children and their families shall
establish a process for collaborative planning with the department
for the use of the funds to improve and expand the program.

(G)
Federal financial participation received pursuant to this section
shall not be included in any calculation made under section 5101.16
or 5101.161 of the Revised Code.

(H)
The medicaid director may adopt rules
under
section 5160.02 of the Revised Code as necessary to implement this
section, including rules
for
the distribution of federal financial participation pursuant to this
section. The rules shall be adopted in accordance with Chapter 119.
of the Revised Code.

Sec.
5160.20.
(A)
The department of medicaid may conduct any audits or investigations
that are necessary in the performance of the department's duties, and
to that end, the department has the same power as a judge of a county
court to administer oaths and to enforce the attendance and testimony
of witnesses and the production of books or papers.

The
department shall keep a record of the department's audits and
investigations stating the time, place, charges, or subject;
witnesses summoned and examined; and the department's conclusions.

Witnesses
shall be paid the fees and mileage provided for under section 119.094
of the Revised Code.

(B)
Any judge of any division of the court of common pleas, on
application of the department, may compel the attendance of
witnesses, the production of books or papers, and the giving of
testimony before the department, by a judgment for contempt or
otherwise, in the same manner as in cases before those courts.

(C)
Until an audit report is formally released by the department, the
audit report or any working paper or other document or record
prepared by the department and related to the audit that is the
subject of the audit report is not a public record under section
149.43 of the Revised Code.

(D)
The medicaid director may adopt rules
under
section 5160.02 of the Revised Code as necessary to implement this
section
regarding
audits and investigations the department conducts
.
The rules shall be adopted in accordance with section 111.15 of the
Revised Code as if they were internal management rules.

Sec.
5160.34.
(A)
As used in this section:

(1)
"Chronic condition" means a medical condition that has
persisted after reasonable efforts have been made to relieve or cure
its cause and has continued, either continuously or episodically, for
longer than six continuous months.

(2)
"Clinical peer" means a health care provider in the same,
or in a similar, specialty that typically manages the medical
condition, procedure, or treatment under review.

(3)
"Emergency services" has the same meaning as in section
1753.28 of the Revised Code.

(4)
"Prior authorization requirement" means any practice
implemented by a medical assistance program in which coverage of a
health care service, device, or drug is dependent upon a medical
assistance recipient or a health care provider, receiving approval
from the department of medicaid or its designee, including a medicaid
managed care organization, prior to the service, device, or drug
being performed, received, or prescribed, as applicable. "Prior
authorization" includes prospective or utilization review
procedures conducted prior to providing a health care service,
device, or drug.

(5)
"Urgent care services" means a medical care or other
service for a condition where application of the timeframe for making
routine or non-life threatening care determinations is either of the
following:

(a)
Could seriously jeopardize the life, health, or safety of the
recipient or others due to the recipient's psychological state;

(b)
In the opinion of a practitioner with knowledge of the recipient's
medical or behavioral condition, would subject the recipient to
adverse health consequences without the care or treatment that is the
subject of the request.

(6)
"Utilization review" and "utilization review
organization" have the same meanings as in section 1751.77 of
the Revised Code.

(B)
If a medical assistance program has a prior authorization
requirement, the department of medicaid or its designee, including a
medicaid managed care organization, shall do all of the following:

(1)
On or before January 1, 2018, permit a health care provider to access
the prior authorization form through the applicable electronic
software system.

(2)(a)
On or before January 1, 2018, permit the department or its designee
to accept and respond to prior prescription benefit authorization
requests through a secure electronic transmission.

(b)
On or before January 1, 2018, the department or its designee shall
accept and respond to prior prescription benefit authorization
requests through a secure electronic transmission using NCPDP SCRIPT
standard ePA transactions, and for prior medical benefit
authorization requests through a secure electronic transmission using
standards established by the council for affordable quality health
care on operating rules for information exchange or its successor.

(c)
For purposes of division (B)(2) of this section, neither of the
following shall be considered a secure electronic transmission:

(i)
A facsimile;

(ii)
A proprietary payer portal for prescription drug requests that does
not use NCPDP SCRIPT standard.

(3)
On or before January 1, 2018, a health care provider and the
department of medicaid or its designee may enter into a contractual
arrangement under which the department or its designee agrees to
process prior authorization requests that are not submitted
electronically because of the financial hardship that electronic
submission of prior authorization requests would create for the
provider or if internet connectivity is limited or unavailable where
the provider is located.

(4)(a)
On or before January 1, 2018, if the health care provider submits the
request for prior authorization electronically as described in
divisions (B)(1) and (2) of this section, respond to all prior
authorization requests within forty-eight hours for urgent care
services, or ten calendar days for any prior authorization request
that is not for an urgent care service, of the time the request is
received by the department or its designee. Division (B)(4) of this
section does not apply to emergency services.

(b)
The response required under division (B)(4)(a) of this section shall
indicate whether the request is approved or denied. If the prior
authorization is denied, the department or its designee shall provide
the specific reason for the denial.

(c)
If the prior authorization request is incomplete, the department or
its designee shall indicate the specific additional information that
is required to process the request.

(5)(a)
On or before January 1, 2018, if a health care provider submits a
prior authorization request as described in divisions (B)(1) and (2)
of this section, the department or its designee shall provide an
electronic receipt to the health care provider acknowledging that the
prior authorization request was received.

(b)
On or before January 1, 2018, if the department or its designee
requests additional information that is required to process a prior
authorization request as described in division (B)(4)(c) of this
section, the health care provider shall provide an electronic receipt
to the department or its designee acknowledging that the request for
additional information was received.

(6)(a)
On or before January 1, 2017, honor a prior authorization approval
for an approved drug for the lesser of the following from the date of
approval:

(i)
Twelve months;

(ii)
The last day of the medical assistance recipient's eligibility for
the medical assistance program.

(b)
The duration of all other prior authorization approvals shall be
dictated by the medical assistance program.

(c)
The department or its designee, in relation to prior approval under
division (B)(6)(a) of this section, may require a health care
provider to submit information to the department or its designee
indicating that the patient's chronic condition has not changed.

(i)
The request for information by the department or its designee and the
response by the health care provider shall be in an electronic
format, which may be by electronic mail or other electronic
communication.

(ii)
The frequency of the submission of requested information shall be
consistent with medical or scientific evidence as defined in section
3922.01 of the Revised Code, but shall not be required more
frequently than quarterly.

(iii)
If the health care provider does not respond within five calendar
days from the date the request was received, the insurer or plan may
terminate the twelve-month approval.

(d)
A twelve-month approval provided under division (B)(6)(a) of this
section is no longer valid and automatically terminates if there are
changes to federal or state laws or federal regulatory guidance or
compliance information prescribing that the drug in question is no
longer approved or safe for the intended purpose.

(e)
A twelve-month approval provided under division (B)(6)(a) of this
section does not apply to and is not required for any of the
following:

(i)
Medications that are prescribed for a non-maintenance condition;

(ii)
Medications that have a typical treatment of less than one year;

(iii)
Medications that require an initial trial period to determine
effectiveness and tolerability, beyond which a one-year, or greater,
prior authorization period will be given;

(iv)
Medications where there is medical or scientific evidence as defined
in section 3922.01 of the Revised Code that do not support a
twelve-month prior approval;

(v)
Medications that are a schedule I or II controlled substance or any
opioid analgesic or benzodiazepine, as defined in section 3719.01 of
the Revised Code;

(vi)
Medications that are not prescribed by an in-network provider as part
of a care management program.

(7)
On or before January 1, 2017, the department or its designee may, but
is not required to, provide the twelve-month approval prescribed in
division (B)(6)(a) of this section for a prescription drug that meets
either of the following:

(a)
The drug is prescribed or administered to treat a rare medical
condition and pursuant to medical or scientific evidence as defined
in section 3922.01 of the Revised Code.

(b)
Medications that are controlled substances not included in division
(B)(6)(e)(v) of this section.

For
purposes of division (B)(7) of this section, "rare medical
condition" means any disease or condition that affects fewer
than two-hundred thousand individuals in the United States.

(8)
Nothing in division (B)(6) or (7) of this section prohibits the
substitution, in accordance with section 4729.38 of the Revised Code,
of any drug that has received a twelve-month approval under division
(B)(6)(a) of this section when there is a release of either of the
following:

(a)
A United States food and drug administration approved comparable
brand product or a generic counterpart of a brand product that is
listed as therapeutically equivalent in the United States food and
drug administration's publication titled approved drug products with
therapeutic equivalence evaluations;

(b)
An interchangeable biological product, as defined in section 3715.01
of the Revised Code.

(9)(a)
On or after January 1, 2017, upon written request, the department or
its designee shall permit a retrospective review for a claim that is
submitted for a service where prior authorization was required, but
not obtained if the service in question meets all of the following:

(i)
The service is directly related to another service for which prior
approval has already been obtained and that has already been
performed.

(ii)
The new service was not known to be needed at the time the original
prior authorized service was performed.

(iii)
The need for the new service was revealed at the time the original
authorized service was performed.

(b)
Once the written request and all necessary information is received,
the department or its designee shall review the claim for coverage
and medical necessity. The department or its designee shall not deny
a claim for such a new service based solely on the fact that a prior
authorization approval was not received for the new service in
question.

(10)(a)
On or before January 1, 2017, disclose to all participating health
care providers any new prior authorization requirement at least
thirty days prior to the effective date of the new requirement.

(b)
The notice may be sent via electronic mail or standard mail and shall
be conspicuously entitled "Notice of Changes to Prior
Authorization Requirements." The notice is not required to
contain a complete listing of all changes made to the prior
authorization requirements, but shall include specific information on
where the health care provider may locate the information on the
department's or its designee's web site or, if applicable, the
department's or its designee's portal.

(c)
All participating health care providers shall promptly notify the
department or its designee of any changes to the health care
provider's electronic mail or standard mail address.

(11)(a)
On or before January 1, 2017, make available to all participating
health care providers on its web site or provider portal a listing of
its prior authorization requirements, including specific information
or documentation that a provider must submit in order for the prior
authorization request to be considered complete.

(b)
Make available on its web site information about the medical
assistance programs offered in this state that clearly identifies
specific services, drugs, or devices to which a prior authorization
requirement exists.

(12)
On or before January 1, 2018, establish a streamlined appeal process
relating to adverse prior authorization determinations that shall
include all of the following:

(a)
For urgent care services, the appeal shall be considered within
forty-eight hours after the department or its designee receives the
appeal.

(b)
For all other matters, the appeal shall be considered within ten
calendar days after the department or its designee receives the
appeal.

(c)
The appeal shall be between the health care provider requesting the
service in question and a clinical peer appointed by or contracted by
the department or the department's designee.

(d)
If the appeal does not resolve the disagreement, the appeal
procedures shall permit the recipient to further appeal in accordance
with section 5160.31 of the Revised Code.

(C)
Beginning January 1, 2017, except in cases of fraudulent or
materially incorrect information, the department or its designee
shall not retroactively deny a prior authorization for a health care
service, drug, or device when all of the following are met:

(1)
The health care provider submits a prior authorization request to the
department or its designee for a health care service, drug, or
device.

(2)
The department or its designee approves the prior authorization
request after determining that all of the following are true:

(a)
The recipient is eligible for the health care service, drug, or
device under the medical assistance program.

(b)
The health care service, drug, or device is covered by the medical
assistance program.

(c)
The health care service, drug, or device meets the department's
standards for medical necessity and prior authorization.

(3)
The health care provider renders the health care service, drug, or
device pursuant to the approved prior authorization request and all
of the terms and conditions of the health care provider's contract
with the department or the department's designee.

(4)
On the date the health care provider renders the prior approved
health care service, drug, or device, all of the following are true:

(a)
The recipient is eligible for the medical assistance program.

(b)
The recipient's condition or circumstances related to the recipient's
care has not changed.

(c)
The health care provider submits an accurate claim that matches the
information submitted by the health care provider in the approved
prior authorization request.

(5)
If the health care provider submits a claim that includes an
unintentional error and the error results in a claim that does not
match the information originally submitted by the health care
provider in the approved prior authorization request, upon receiving
a denial of services from the department or its designee, the health
care provider may resubmit the claim pursuant to division (C) of this
section with the information that matches the information included in
the approved prior authorization.

(D)
Any provision of a contractual arrangement entered into between the
department or its designee and a health care provider or recipient
that is contrary to divisions (A) to (C) of this section is
unenforceable.

(E)
The
medicaid

director

of
medicaid
may
adopt rules in accordance with Chapter 119. of the Revised Code
as
necessary to implement the provisions of this section
regarding
prior authorization under the medical assistance program
.

Sec.
5160.37.
(A)
A medical assistance recipient's enrollment in a medical assistance
program gives an automatic right of recovery to the department of
medicaid and a county department of job and family services against
the liability of a third party for the cost of medical assistance
paid on behalf of the recipient. When an action or claim is brought
against a third party by a medical assistance recipient, any payment,
settlement or compromise of the action or claim, or any court award
or judgment, is subject to the recovery right of the department of
medicaid or county department. Except in the case of a medical
assistance recipient who receives medical assistance through a
medicaid managed care organization, the department's or county
department's claim shall not exceed the amount of medical assistance
paid by the department or county department on behalf of the
recipient. A payment, settlement, compromise, judgment, or award that
excludes the cost of medical assistance paid for by the department or
county department shall not preclude a department from enforcing its
rights under this section.

(B)(1)
In the case of a medical assistance recipient who receives medical
assistance through a medicaid managed care organization that has a
capitation agreement with a provider, the amount of the department's
or county department's claim shall be the amount the medicaid managed
care organization would have paid in the absence of a capitation
agreement.

(2)
In the case of a medical assistance recipient who receives medical
assistance through a medicaid managed care organization that does not
have a capitation agreement with a provider, the amount of the
department's or county department's claim shall be the amount the
medicaid managed care organization pays for medical assistance
rendered to the recipient, even if that amount is more than the
amount the department or county department pays to the medicaid
managed care organization for the recipient's medical assistance.

(C)
A medical assistance recipient, and the recipient's attorney, if any,
shall cooperate with the departments. In furtherance of this
requirement, the medical assistance recipient, or the recipient's
attorney, if any, shall, not later than thirty days after initiating
informal recovery activity or filing a legal recovery action against
a third party, provide written notice of the activity or action to
the department of medicaid or county department if it has paid for
medical assistance under a medical assistance program.

(D)
The written notice that must be given under division (C) of this
section shall disclose the identity and address of any third party
against whom the medical assistance recipient has or may have a right
of recovery.

(E)
No settlement, compromise, judgment, or award or any recovery in any
action or claim by a medical assistance recipient where the
department or county department has a right of recovery shall be made
final without first giving the department or county department
written notice as described in division (C) of this section and a
reasonable opportunity to perfect its rights of recovery. If the
department or county department is not given the appropriate written
notice, the medical assistance recipient and, if there is one, the
recipient's attorney, are liable to reimburse the department or
county department for the recovery received to the extent of medical
assistance payments made by the department or county department.

(F)
The department or county department shall be permitted to enforce its
recovery rights against the third party even though it accepted prior
payments in discharge of its rights under this section if, at the
time the department or county department received such payments, it
was not aware that additional medical expenses had been incurred but
had not yet been paid by the department or county department. The
third party becomes liable to the department or county department as
soon as the third party is notified in writing of the valid claims
for recovery under this section.

(G)(1)
Subject to division (G)(2) of this section, the right of recovery of
the department or county department does not apply to that portion of
any judgment, award, settlement, or compromise of a claim, to the
extent of attorneys' fees, costs, or other expenses incurred by a
medical assistance recipient in securing the judgment, award,
settlement, or compromise, or to the extent of medical, surgical, and
hospital expenses paid by such recipient from the recipient's own
resources.

(2)
Reasonable attorneys' fees, not to exceed one-third of the total
judgment, award, settlement, or compromise, plus costs and other
expenses incurred by the medical assistance recipient in securing the
judgment, award, settlement, or compromise, shall first be deducted
from the total judgment, award, settlement, or compromise. After
fees, costs, and other expenses are deducted from the total judgment,
award, settlement, or compromise, there shall be a rebuttable
presumption that the department of medicaid or county department
shall receive no less than one-half of the remaining amount, or the
actual amount of medical assistance paid, whichever is less. A party
may rebut the presumption in accordance with division (L)(1), (2), or
(3) of this section, as applicable.

(H)
A right of recovery created by this section may be enforced
separately or jointly by the department of medicaid or county
department. To enforce its recovery rights, the department or county
department may do any of the following:

(1)
Intervene or join in any action or proceeding brought by the medical
assistance recipient or on the recipient's behalf against any third
party who may be liable for the cost of medical assistance paid;

(2)
Institute and pursue legal proceedings against any third party who
may be liable for the cost of medical assistance paid;

(3)
Initiate legal proceedings in conjunction with any injured, diseased,
or disabled medical assistance recipient or the recipient's attorney
or representative.

(I)
A medical assistance recipient shall not assess attorney fees, costs,
or other expenses against the department of medicaid or a county
department when the department or county department enforces its
right of recovery created by this section.

(J)
The right of recovery given to the department under this section
includes payments made by a third party under contract with a person
having a duty to support.

(K)
The department of medicaid may assign to a medical assistance
provider the right of recovery given to the department under this
section with respect to any claim for which the department has
notified the provider that the department intends to recoup the
department's prior payment for the claim.

(L)(1)
Prior to any payment to the department or a county department
pursuant to the department's or county department's right of recovery
under this section, a party that desires to rebut the presumption in
division (G) of this section shall submit to the department or county
department a request for a hearing in accordance with the procedure
the department establishes in rules required by division (O) of this
section. The amount sought by the department or county department
shall be held in escrow or in an interest on lawyers' trust account
until the hearing examiner renders a decision or the case is
otherwise concluded. A party successfully rebuts the presumption by a
showing of clear and convincing evidence that a different allocation
is warranted.

(2)
A medical assistance recipient who has repaid money, on or after
September 29, 2007, to the department or a county department pursuant
to the department's or county department's right of recovery under
this section, section 5160.38 of the Revised Code, or former section
5101.58 or 5101.59 of the Revised Code may request a hearing to rebut
the presumption in division (G) of this section. The request shall be
made in accordance with the procedure the department establishes for
this purpose in rules required by division (O) of this section. It
must be made not later than one hundred eighty days after September
29, 2015, or ninety days after the payment is made, whichever is
later. A party successfully rebuts the presumption by a showing of
clear and convincing evidence that a different allocation is
warranted.

(3)
A medical assistance recipient who has repaid money, between April 6,
2007 and September 28, 2007, to the department or a county department
pursuant to the department's or county department's right of recovery
under this section, section 5160.38 of the Revised Code, or former
section 5101.58 or 5101.59 of the Revised Code may request a hearing
to rebut the presumption in division (G) of this section. The request
shall be made not later than one hundred eighty days after
the
effective date of this amendment
September
30, 2025,
in
accordance with the procedure the department establishes for this
purpose in rules required by division (O) of this section. The
presumption is successfully rebutted if the requestor demonstrates by
clear and convincing evidence that a different allocation is
warranted.

(4)
With respect to a hearing requested under division (L)(1), (2), or
(3) of this section, all of the following are the case:

(a)
The hearing examiner may consider, but is not bound by the allocation
of, medical expenses specified in a settlement agreement between the
medical assistance recipient and the relevant third party;

(b)
The department or county department may raise affirmative defenses
during the hearing, including the existence of a prior settlement
with the medical assistance recipient, the doctrine of accord and
satisfaction, or the common law principle of res judicata;

(c)
If the parties agree, live testimony shall not be presented at the
hearing;

(d)

The
hearing may be governed by rules adopted under section 5160.02 of the
Revised Code. If such rules are adopted, Chapter 119. of the Revised
Code applies to the hearing only to the extent specified in those
rules;

(e)

The hearing examiner's decision is binding on the department or
county department and the medical assistance recipient unless the
decision is reversed or modified on appeal to the medicaid director
as described in division (M) of this section;

(f)
(e)

A request for a hearing may be submitted by any of the following:

(i)
The medical assistance recipient;

(ii)
The medical assistance recipient's authorized representative;

(iii)
The executor or administrator of a medical assistance recipient's
estate authorized to make or pursue a request;

(iv)
A court-appointed guardian;

(v)
An attorney who has been directly retained by the medical assistance
recipient, or the recipient's parent, legal guardian, or
court-appointed guardian.

(M)(1)
A medical assistance recipient who disagrees with a hearing
examiner's decision under division (L) of this section may file an
administrative appeal with the medicaid director in accordance with
the procedure the department establishes for this purpose in rules
required by division (O) of this section. A hearing is not required
during the administrative appeal, but the director or the director's
designee shall review the hearing examiner's decision and any prior
relevant administrative action. After the review, the director or the
director's designee shall affirm, modify, remand, or reverse the
hearing decision. A decision made under this division is final and
binding on the department or county department and the medical
assistance recipient unless it is reversed or modified on appeal to a
court of common pleas as described in division (N) of this section.

(2)

An
administrative appeal may be governed by rules adopted under section
5160.02 of the Revised Code.
The
medicaid director may adopt rules governing administrative appeals.

If
such rules are adopted, Chapter 119. of the Revised Code applies to
an administrative appeal only to the extent specified in those rules.

(N)
A party to an administrative appeal described in division (M) of this
section may file an appeal with a court of common pleas in accordance
with section 119.12 of the Revised Code.

(O)
The medicaid director shall adopt rules
under
section 5160.02 of the Revised Code as necessary to implement this
section, including rules
establishing
procedures a party may use to request a hearing under division
(L)(1), (2), or (3) of this section or an administrative appeal under
division
(M)(1)
(M)

of this section. The rules shall be adopted in accordance with
Chapter 119. of the Revised Code.

(P)
Divisions (L) to (N) of this section are remedial in nature and shall
be liberally construed by the courts of this state in accordance with
section 1.11 of the Revised Code. Those divisions specify the sole
remedy available to a party who claims the department or a county
department has received or is to receive more money than entitled to
receive under this section, section 5160.38 of the Revised Code, or
former section 5101.58 or 5101.59 of the Revised Code.

Sec.
5160.43.
(A)
The medicaid director may adopt rules
under
section 5160.02 of the Revised Code to implement sections 5160.35 to
5160.43 of the Revised Code, including rules
that
specify what constitutes cooperating with efforts to obtain support
or payments, or medical assistance payments, and when cooperation may
be waived.

(B)
The department shall adopt rules
under
section 5160.02 of the Revised Code to
that

do
all of the following:

(1)
For purposes of the definition of "information" in division
(A) of section 5160.35 of the Revised Code, any data other than the
data specified in that division that should be included in the
definition.

(2)
For purposes of division (C)(1)(a) of section 5160.39 of the Revised
Code, the medium, format, and manner in which a third party must
provide information to the department.

(3)
For purposes of division (C)(2) of section 5160.39 of the Revised
Code, the method by which a third party must provide the department
with access to information.

(C)
Rules authorized by division (A) of this section may be adopted in
accordance with section 111.15 of the Revised Code. Rules authorized
by division (B) of this section shall be adopted in accordance with
Chapter 119. of the Revised Code.

Sec.
5160.48.
(A)
(A)(1)

The medicaid director shall adopt rules
under
section 5160.02 of the Revised Code implementing sections 5160.45 to
5160.481 of the Revised Code and
governing
the custody, use, disclosure, and preservation of the information
generated or received by the department of medicaid, county
departments of job and family services, other state and county
entities, contractors, grantees, private entities, or officials
participating in the administration of medical assistance programs.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code. The rules may define who is an "authorized representative"
for purposes of sections 5160.45 and 5160.46 of the Revised Code.
The
rules shall specify conditions and procedures for the release of
information, which may include both of the following:

(1)
(a)

Permitting a provider of a service under a medical assistance program
limited access to information that is essential for the provider to
render the service or to bill for the service rendered;

(2)
(b)

Permitting a contractor, grantee, or other state or county entity
limited access to information that is essential for the contractor,
grantee, or entity to perform administrative or other duties on
behalf of the department or a county department.

(2)
The rules may define who is an "authorized representative"
for purposes of sections 5160.45 and 5160.46 of the Revised Code.

(3)
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

(B)
The department of aging, when investigating a complaint under section
173.20 of the Revised Code, shall be granted any limited access
permitted in the rules authorized by division
(A)(1)
(A)(1)(a)

of this section.

A
contractor, grantee, or entity given access to information pursuant
to the rules authorized by division
(A)(2)
(A)(1)(b)

of this section is bound by the director's rules. Disclosure of the
information by the contractor, grantee, or entity in a manner not
authorized by the rules is a violation of section 5160.45 of the
Revised Code.

Sec.
5161.02.
The
medicaid director may adopt rules in accordance with Chapter 119. of
the Revised Code
as
necessary for the efficient administration of the children's health
insurance program, including rules
that
establish all of the following:

(A)
The conditions under which the
children's
health insurance
program
will pay for health benefits coverage;

(B)
The method of the payment;

(C)
The amount of payment, or the method by which the amount is to be
determined, for each service included in the health benefits
coverage.

Sec.
5161.30.
The
medicaid director may contract with a government entity or person to
perform the director's administrative duties regarding CHIP part I,
part II, part III, two of the parts, or all three parts, other than
the duty to submit a state child health plan to the United States
secretary of health and human services under section 5161.10 of the
Revised Code
,

and

the
duty to submit a waiver request under section 5161.15 of the Revised
Code
,
and the duty to adopt rules under section 5161.02 of the Revised
Code
.

Sec.
5162.01.
(A)
As used in the Revised Code:

(1)
"Medicaid" and "medicaid program" mean the
program of medical assistance established by Title XIX of the "Social
Security Act," 42 U.S.C. 1396 et seq., including any medical
assistance provided under the medicaid state plan or a federal
medicaid waiver granted by the United States secretary of health and
human services.

(2)
"Medicare" and "medicare program" mean the
federal health insurance program established by Title XVIII of the
"Social Security Act," 42 U.S.C. 1395 et seq.

(B)
As used in this chapter:

(1)
"Exchange" has the same meaning as in 45 C.F.R. 155.20.

(2)
"Expansion eligibility group" has the same meaning as in
section 5163.01 of the Revised Code.

(3)
"Federal financial participation" has the same meaning as
in section 5160.01 of the Revised Code.

(4)
"Federal poverty line" means the official poverty line
defined by the United States office of management and budget based on
the most recent data available from the United States bureau of the
census and revised by the United States secretary of health and human
services pursuant to the "Omnibus Budget Reconciliation Act of
1981," section 673(2), 42 U.S.C. 9902(2).

(5)
"Healthcheck" has the same meaning as in section 5164.01 of
the Revised Code.

(6)
"Healthy start component" means the component of the
medicaid program that covers pregnant women and children and is
identified
in
rules adopted under section 5162.02 of the Revised Code
as
the healthy start component.

(7)
"Home and community-based services" means services provided
under a home and community-based services medicaid waiver component.

(8)
"Home and community-based services medicaid waiver component"
has the same meaning as in section 5166.01 of the Revised Code.

(9)
"ICF/IID" has the same meaning as in section 5124.01 of the
Revised Code.

(10)
"Individualized education program" has the same meaning as
in section 3323.011 of the Revised Code.

(11)
"Medicaid managed care organization" has the same meaning
as in section 5167.01 of the Revised Code.

(12)
"Medicaid MCO plan" has the same meaning as in section
5167.01 of the Revised Code.

(13)
"Medicaid provider" has the same meaning as in section
5164.01 of the Revised Code.

(14)
"Medicaid services" has the same meaning as in section
5164.01 of the Revised Code.

(15)
"Medicaid waiver component" has the same meaning as in
section 5166.01 of the Revised Code;

(16)
"Nursing facility" and "nursing facility services"
have the same meanings as in section 5165.01 of the Revised Code.

(17)
"Ordering or referring only provider" means a medicaid
provider who orders, prescribes, refers, or certifies a service or
item reported on a claim for medicaid payment but does not bill for
medicaid services.

(18)
"Political subdivision" means a municipal corporation,
township, county, school district, or other body corporate and
politic responsible for governmental activities only in a
geographical area smaller than that of the state.

(19)
"Prescribed drug" has the same meaning as in section
5164.01 of the Revised Code.

(20)
"Provider agreement" has the same meaning as in section
5164.01 of the Revised Code.

(21)
"Qualified medicaid school provider" means the board of
education of a city, local, or exempted village school district, the
governing board of an educational service center, the governing
authority of a community school established under Chapter 3314. of
the Revised Code, and Ohio deaf and blind education services to which
both of the following apply:

(a)
It holds a valid provider agreement.

(b)
It meets all other conditions for participation in the medicaid
school component of the medicaid program established in rules
authorized by section 5162.364 of the Revised Code.

(22)
"State agency" means every organized body, office, or
agency, other than the department of medicaid, established by the
laws of the state for the exercise of any function of state
government.

(23)
"Vendor offset" means a reduction of a medicaid payment to
a medicaid provider to correct a previous, incorrect medicaid payment
to that provider.

Sec.
5162.021.
The
medicaid director shall adopt rules
under
sections 5160.02, 5162.02, 5163.02, 5164.02, 5165.02, 5166.02, and
5167.02 of the Revised Code as necessary
to
authorize the directors of other state agencies to adopt rules
regarding medicaid components, or aspects of medicaid components, the
other state agencies administer pursuant to contracts entered into
under section 5162.35 of the Revised Code.

Sec.
5162.031.
(A)

The
medicaid director may do
all

both

of
the following
as
necessary for the department of medicaid to fulfill the duties it
has,

as the single state agency for the medicaid program, under the
"Medicare Prescription Drug, Improvement, and Modernization Act
of 2003" Pub. L. No. 108-173:

(1)
Adopt rules in accordance with division (B) of this section;

(2)

(A)

Assign
duties to county departments of job and family services;

(3)
(B)

Make payments to the United States department of health and human
services from appropriations made to the department of medicaid for
this purpose.

(B)
Rules authorized by division (A)(1) of this section shall be adopted
as follows:

(1)
If the rules concern the department's duties regarding medicaid
providers, under sections 5164.02 and 5165.02 of the Revised Code, as
appropriate;

(2)
If the rules concern the department's duties concerning individuals'
eligibility for medicaid services, under section 5163.02 of the
Revised Code;

(3)
If the rules concern the department's duties concerning financial and
operational matters between the department and county departments of
job and family services, under section 5162.02 of the Revised Code.

Sec.
5162.10.
The
medicaid director may conduct reviews of the medicaid program. The
reviews may include physical inspections of records and sites where
medicaid services are provided and interviews of medicaid providers
and medicaid recipients. If the director determines pursuant to a
review that a person or government entity has violated a rule
governing the medicaid program, the director may establish a
corrective action plan for the violator and impose fiscal,
administrative, or both types of sanctions on the violator in
accordance with
rules
adopted under section 5162.02 of the Revised Code
that
rule
.

Sec.
5162.21.
(A)
As used in this section and section 5162.211 of the Revised Code:

(1)
"Estate" includes both of the following:

(a)
All real and personal property and other assets to be administered
under Title XXI of the Revised Code and property that would be
administered under that title if not for section 2113.03 or 2113.031
of the Revised Code;

(b)
Any other real and personal property and other assets in which an
individual had any legal title or interest at the time of death (to
the extent of the interest), including assets conveyed to a survivor,
heir, or assign of the individual through joint tenancy, tenancy in
common, survivorship, life estate, living trust, or other
arrangement.

(2)
"Institution" means a nursing facility, ICF/IID, or a
medical institution.

(3)
"Permanently institutionalized individual" means an
individual to whom all of the following apply:

(a)
Is an inpatient in an institution;

(b)
Is required, as a condition of the medicaid program paying for the
individual's services in the institution, to spend for costs of
medical or nursing care all of the individual's income except for an
amount for personal needs specified by the department of medicaid;

(c)
Cannot reasonably be expected to be discharged from the institution
and return home as determined by the department of medicaid.

(4)
"Qualified state long-term care insurance partnership program"
means the program established under section 5164.86 of the Revised
Code.

(5)
"Time of death" shall not be construed to mean a time after
which a legal title or interest in real or personal property or other
asset may pass by survivorship or other operation of law due to the
death of the decedent or terminate by reason of the decedent's death.

(B)
To the extent permitted by federal law, the department of medicaid
shall institute a medicaid estate recovery program under which the
department shall, except as provided in divisions (C) and (E) of this
section, and subject to division (D) of this section, do all of the
following:

(1)
For the costs of medicaid services the medicaid program correctly
paid or will pay on behalf of a permanently institutionalized
individual of any age, seek adjustment or recovery from the
individual's estate or on the sale of property of the individual or
spouse that is subject to a lien imposed under section 5162.211 of
the Revised Code;

(2)
For the costs of medicaid services the medicaid program correctly
paid or will pay on behalf of an individual fifty-five years of age
or older who is not a permanently institutionalized individual, seek
adjustment or recovery from the individual's estate;

(3)
Seek adjustment or recovery from the estate of other individuals as
permitted by federal law.

(C)(1)
No adjustment or recovery may be made under division (B)(1) of this
section from a permanently institutionalized individual's estate or
on the sale of property of a permanently institutionalized individual
that is subject to a lien imposed under section 5162.211 of the
Revised Code or under division (B)(2) or (3) of this section from an
individual's estate while either of the following are alive:

(a)
The spouse of the permanently institutionalized individual or
individual;

(b)
The son or daughter of a permanently institutionalized individual or
individual if the son or daughter is under age twenty-one or, under
the "Social Security Act," section 1614, 42 U.S.C. 1382c,
is considered blind or disabled.

(2)
No adjustment or recovery may be made under division (B)(1) of this
section from a permanently institutionalized individual's home that
is subject to a lien imposed under section 5162.211 of the Revised
Code while either of the following lawfully reside in the home:

(a)
The permanently institutionalized individual's sibling who resided in
the home for at least one year immediately before the date of the
permanently institutionalized individual's admission to the
institution and on a continuous basis since that time;

(b)
The permanently institutionalized individual's son or daughter who
provided care to the permanently institutionalized individual that
delayed the permanently institutionalized individual's
institutionalization and resided in the home for at least two years
immediately before the date of the permanently institutionalized
individual's admission to the institution and on a continuous basis
since that time.

(D)
In the case of a participant of the qualified state long-term care
insurance partnership program, adjustment or recovery required by
this section may be reduced in accordance with rules authorized by
division (G) of this section.

(E)
The department shall, in accordance with procedures and criteria
established in rules authorized by division (G) of this section,
waive seeking an adjustment or recovery otherwise required by this
section if the medicaid director determines that adjustment or
recovery would work an undue hardship. The department may limit the
duration of the waiver to the period during which the undue hardship
exists.

(F)
For the purpose of determining whether an individual meets the
definition of "permanently institutionalized individual"
established for this section, a rebuttable presumption exists that
the individual cannot reasonably be expected to be discharged from an
institution and return home if either of the following is the case:

(1)
The individual declares that he or she does not intend to return
home.

(2)
The individual has been an inpatient in an institution for at least
six months.

(G)

Rules
adopted under section 5162.02 of the Revised Code shall
The
medicaid director shall adopt rules that
do
both of the following

regarding the medicaid estate recovery program
:

(1)
For the purpose of division (D) of this section and consistent with
the "Social Security Act," section 1917(b)(1)(C), 42 U.S.C.
1396p(b)(1)(C), provide for reducing an adjustment or recovery in the
case of a participant of the qualified state long-term care insurance
partnership program;

(2)
For the purpose of division (E) of this section and consistent with
the standards specified by the United States secretary of health and
human services under the "Social Security Act," section
1917(b)(3), 42 U.S.C. 1396p(b)(3), establish procedures and criteria
for waiving adjustment or recovery due to an undue hardship.

Sec.
5162.23.
(A)
The medicaid director shall adopt rules
under
section 5162.02 of the Revised Code
permitting
county departments of job and family services to take action to
recover benefits incorrectly paid on behalf of medicaid recipients.
The rules shall provide for recovery by the following methods:

(1)
Soliciting voluntary payments from recipients or from persons holding
property in which a recipient has a legal or equitable interest;

(2)
Obtaining a lien on property pursuant to division (B) of this
section.

(B)
A county department of job and family services may bring a civil
action in a court of common pleas against a medicaid recipient for
the recovery of any medicaid payments determined by the court to have
been paid incorrectly on behalf of the recipient. All persons holding
property in which the recipient has a legal or equitable interest may
be joined as parties. The court may issue pre-judgment orders,
including injunctive relief or attachment under Chapter 2715. of the
Revised Code, for the preservation of real or personal property in
which the recipient may have a legal or equitable interest. If the
court determines that medicaid payments were made incorrectly and
issues a judgment to that effect, the county department may obtain a
lien upon property of the recipient in accordance with Chapter 2329.
of the Revised Code.

(C)
The county department of job and family services shall retain fifty
per cent of the balance remaining after deduction from the recovery
of the amount required to be returned to the federal government and
shall pay the other fifty per cent of the balance to the department
of medicaid.

(D)
Recovery of medicaid payments incorrectly made on behalf of a
medicaid recipient may not be accomplished by reducing the amount of
benefits the recipient is entitled to receive under another
government assistance program.

(E)
The remedies provided pursuant to this section do not affect any
other remedies county departments of job and family services may have
to recover benefits incorrectly paid on behalf of medicaid
recipients.

Sec.
5162.364.
The
medicaid director shall adopt rules

under section 5162.02 of the Revised Code as necessary to implement

regarding

the
medicaid school component of the medicaid program
,
including rules

that establish or specify all of the following:

(A)
Conditions a board of education of a city, local, or exempted school
district, a governing board of an educational service center,
governing authority of a community school established under Chapter
3314. of the Revised Code,
,

and Ohio deaf and blind education services must meet to participate
in the component;

(B)
Services the component covers;

(C)
Payment rates for the services the component covers.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
5162.41.
The
department of medicaid may retain or collect a percentage of the
federal financial participation included in a supplemental medicaid
payment to one or more medicaid providers owned or operated by a
state agency or political subdivision that brings the payment to such
provider or providers to the upper payment limit established by 42
C.F.R. 447.272. If the department retains or collects a percentage of
that federal financial participation, the medicaid director shall
adopt a rule
under
section 5162.02 of the Revised Code
specifying
the percentage the department is to retain or collect. All amounts
the department retains or collects under this section shall be
deposited into the health care/medicaid support and recoveries fund
created under section 5162.52 of the Revised Code.

Sec.
5162.66.
(A)
There is hereby created in the state treasury the residents
protection fund. All of the following shall be deposited into the
fund:

(1)
The proceeds of all fines, including interest, collected under
sections 5165.60 to 5165.89 of the Revised Code;

(2)
The proceeds of all fines, including interest, collected under
section 173.42 of the Revised Code;

(3)
The portions of civil money penalties and corresponding interest that
are disbursed on or after July 1, 2017, to the department of medicaid
pursuant to 42 C.F.R. 488.845.

(B)(1)
Money deposited into the fund pursuant to divisions (A)(1) and (2) of
this section shall be used for all of the following:

(a)
Protection of the health or property of residents of nursing
facilities in which the department of health finds deficiencies,
including payment for the costs of relocation of residents to other
facilities;

(b)
Maintenance of operation of a facility pending correction of
deficiencies or closure;

(c)
Reimbursement of residents for the loss of money managed by the
facility under section 3721.15 of the Revised Code;

(d)
Provision of funds for costs incurred by a temporary resident safety
assurance manager appointed under section 5165.78 of the Revised
Code.

(2)
Subject to 42 C.F.R. 488.845(g)(2), money deposited into the fund
pursuant to division (A)(3) of this section shall be used to improve
the quality of medicaid services provided by medicare-certified home
health agencies.

(C)
The fund shall be maintained and administered by the department of
medicaid under rules developed in consultation with the departments
of health and aging

and adopted under section 5162.02 of the Revised Code
.
The rules shall be adopted in accordance with Chapter 119. of the
Revised Code.

Sec.
5163.01.
As
used in this chapter:

"Caretaker
relative" has the same meaning as in 42 C.F.R. 435.4 as that
regulation is amended effective January 1, 2014.

"Expansion
eligibility group" means the medicaid eligibility group
described in section 1902(a)(10)(A)(i)(VIII) of the "Social
Security Act," 42 U.S.C. 1396a(a)(10)(A)(i)(VIII).

"Federal
financial participation" has the same meaning as in section
5160.01 of the Revised Code.

"Federal
poverty line" has the same meaning as in section 5162.01 of the
Revised Code.

"Healthy
start component" has the same meaning as in section 5162.01 of
the Revised Code.

"Home
and community-based services medicaid waiver component" has the
same meaning as in section 5166.01 of the Revised Code.

"Intermediate
care facility for individuals with intellectual disabilities"
and "ICF/IID" have the same meanings as in section 5124.01
of the Revised Code.

"Mandatory
eligibility groups" means the groups of individuals that must be
covered by the medicaid state plan as a condition of the state
receiving federal financial participation for the medicaid program.

"Medicaid
buy-in for workers with disabilities program" means the
component of the medicaid program established under sections 5163.09
to 5163.098 of the Revised Code.

"Medicaid
services" has the same meaning as in section 5164.01 of the
Revised Code.

"Medicaid
waiver component" has the same meaning as in section 5166.01 of
the Revised Code.

"Nursing
facility" and "nursing facility services" have the
same meanings as in section 5165.01 of the Revised Code.

"Optional
eligibility groups" means the groups of individuals who may be
covered by the medicaid state plan or a federal medicaid waiver and
for whom the medicaid program receives federal financial
participation.

"Other
medicaid-funded long-term care services" has the meaning
specified in rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
.

"Supplemental
security income program" means the program established by Title
XVI of the "Social Security Act," 42 U.S.C. 1381 et seq.

Sec.
5163.02.
The
medicaid director shall adopt rules
as
necessary to implement this chapter. The rules shall
that

establish
eligibility requirements for the medicaid program. The rules may
establish requirements for applying for medicaid and determining and
verifying eligibility for medicaid. The rules shall be adopted in
accordance with section 111.15 of the Revised Code.

(

Notwithstanding
any provision of state law, including statutes, administrative rules,
common law, and court rules, regarding real or personal property or
domestic relations, the standards established under rules adopted
under this section shall be used to determine eligibility for
medicaid.

Sec.
5163.063.
The
medicaid director shall adopt rules
under
section 5163.02 of the Revised Code as necessary
to
provide medicaid coverage for the optional eligibility group
described in section 1902(a)(10)(A)(ii)(XIII) of the "Social
Security Act," 42 U.S.C. 1396a(a)(10)(A)(ii)(XIII).

By
requiring the medicaid program to provide coverage to the optional
eligibility group consisting of employed individuals with
disabilities under division (C) of section 5163.06 of the Revised
Code, it is the intent of the general assembly to establish medicaid
coverage for employed individuals with disabilities who are
sixty-five years of age or older in a manner that is consistent with
the coverage provided to individuals participating in the medicaid
buy-in for workers with disabilities program described in sections
5163.09 to 5163.098 of the Revised Code.

Sec.
5163.098.
(A)
The medicaid director shall adopt rules
under
section 5163.02 of the Revised Code as necessary to implement the
medicaid buy-in for workers with disabilities program. The rules
shall
that

do
all of the following

regarding the medicaid buy-in for workers with disabilities program
:

(1)
Specify assets, asset values, and amounts to be disregarded in
determining asset and income eligibility limits for the program;

(2)
Establish meanings for the terms "earned income," "health
insurance," "resources," "spouse," and
"unearned income";

(3)
Establish additional eligibility requirements for the program that
must be established for the United States secretary of health and
human services to approve the program
;
.

(B)
The director may adopt rules
under
section 5163.02 of the Revised Code
to
specify amounts to be disregarded from an individual's earned income,
unearned income, or both under division (C) of section 5163.093 of
the Revised Code for the purpose of determining whether the
individual is within the income eligibility limit for the medicaid
buy-in for workers with disabilities program.

Sec.
5163.20.
If
a medicaid recipient is the beneficiary of a trust created pursuant
to section 5815.28 of the Revised Code, then, notwithstanding any
contrary provision of this chapter or of a rule adopted under
section
5163.02 of the Revised Code
it
,
divisions (C) and (D) of that section shall apply in determining the
assets or resources of the recipient, the recipient's estate, the
settlor, or the settlor's estate and to claims arising under this
chapter against the recipient, the recipient's estate, the settlor,
or the settlor's estate.

Sec.
5163.21.
(A)(1)
This section applies only to either of the following:

(a)
Initial eligibility determinations for the medicaid program;

(b)
An appeal from an initial eligibility determination pursuant to
section 5160.31 of the Revised Code.

(2)(a)
Except as provided in division (A)(2)(b) of this section, this
section shall not be used by a court to determine the effect of a
trust on an individual's initial eligibility for the medicaid
program.

(b)
The prohibition in division (A)(2)(a) of this section does not apply
to an appeal described in division (A)(1)(b) of this section.

(B)
As used in this section:

(1)
"Trust" means any arrangement in which a grantor transfers
real or personal property to a trust with the intention that it be
held, managed, or administered by at least one trustee for the
benefit of the grantor or beneficiaries. "Trust" includes
any legal instrument or device similar to a trust.

(2)
"Legal instrument or device similar to a trust" includes,
but is not limited to, escrow accounts, investment accounts,
partnerships, contracts, and other similar arrangements that are not
called trusts under state law but are similar to a trust and to which
all of the following apply:

(a)
The property in the trust is held, managed, retained, or administered
by a trustee.

(b)
The trustee has an equitable, legal, or fiduciary duty to hold,
manage, retain, or administer the property for the benefit of the
beneficiary.

(c)
The trustee holds identifiable property for the beneficiary.

(3)
"Grantor" is a person who creates a trust, including all of
the following:

(a)
An individual;

(b)
An individual's spouse;

(c)
A person, including a court or administrative body, with legal
authority to act in place of or on behalf of an individual or an
individual's spouse;

(d)
A person, including a court or administrative body, that acts at the
direction or on request of an individual or the individual's spouse.

(4)
"Beneficiary" is a person or persons, including a grantor,
who benefits in some way from a trust.

(5)
"Trustee" is a person who manages a trust's principal and
income for the benefit of the beneficiaries.

(6)
"Person" has the same meaning as in section 1.59 of the
Revised Code and includes an individual, corporation, business trust,
estate, trust, partnership, and association.

(7)
"Applicant" is an individual who applies for medicaid or
the individual's spouse.

(8)
"Recipient" is an individual who receives medicaid or the
individual's spouse.

(9)
"Revocable trust" is a trust that can be revoked by the
grantor or the beneficiary, including all of the following, even if
the terms of the trust state that it is irrevocable:

(a)
A trust that provides that the trust can be terminated only by a
court;

(b)
A trust that terminates on the happening of an event, but only if the
event occurs at the direction or control of the grantor, beneficiary,
or trustee.

(10)
"Irrevocable trust" is a trust that cannot be revoked by
the grantor or terminated by a court and that terminates only on the
occurrence of an event outside of the control or direction of the
beneficiary or grantor.

(11)
"Payment" is any disbursal from the principal or income of
the trust, including actual cash, noncash or property disbursements,
or the right to use and occupy real property.

(12)
"Payments to or for the benefit of the applicant or recipient"
is a payment to any person resulting in a direct or indirect benefit
to the applicant or recipient.

(13)
"Testamentary trust" is a trust that is established by a
will and does not take effect until after the death of the person who
created the trust.

(C)(1)
If an applicant or recipient is a beneficiary of a trust, the
applicant or recipient shall submit a complete copy of the trust
instrument to the county department of job and family services and
the department of medicaid. A copy shall be considered complete if it
contains all pages of the trust instrument and all schedules,
attachments, and accounting statements referenced in or associated
with the trust. The copy is confidential and is not subject to
disclosure under section 149.43 of the Revised Code.

(2)
On receipt of a copy of a trust instrument or otherwise determining
that an applicant or recipient is a beneficiary of a trust, the
county department of job and family services shall determine what
type of trust it is and shall treat the trust in accordance with the
appropriate provisions of this section and rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
governing
trusts. The county department of job and family services may
determine that any of the following is the case regarding the trust
or portion of the trust:

(a)
It is a resource available to the applicant or recipient;

(b)
It contains income available to the applicant or recipient;

(c)
Divisions (C)(2)(a) and (b) of this section are both applicable;

(d)
Neither division (C)(2)(a) nor (b) of this section is applicable.

(3)
Except as provided in division (F) of this section, a trust or
portion of a trust that is a resource available to the applicant or
recipient or contains income available to the applicant or recipient
shall be counted for purposes of determining medicaid eligibility.

(D)(1)
A trust or legal instrument or device similar to a trust shall be
considered a medicaid qualifying trust if all of the following apply:

(a)
The trust was established on or prior to August 10, 1993.

(b)
The trust was not established by a will.

(c)
The trust was established by an applicant or recipient.

(d)
The applicant or recipient is or may become the beneficiary of all or
part of the trust.

(e)
Payment from the trust is determined by one or more trustees who are
permitted to exercise any discretion with respect to the distribution
to the applicant or recipient.

(2)
If a trust meets the requirement of division (D)(1) of this section,
the amount of the trust that is considered by the county department
of job and family services to be a resource available to the
applicant or recipient shall be the maximum amount of payments
permitted under the terms of the trust to be distributed to the
applicant or recipient, assuming the full exercise of discretion by
the trustee or trustees. The maximum amount shall include only
amounts that are permitted to be distributed but are not distributed
from either the income or principal of the trust.

(3)
Amounts that are actually distributed from a medicaid qualifying
trust to a beneficiary for any purpose shall be treated in accordance
with rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
governing
income.

(4)
Availability of a medicaid qualifying trust shall be considered
without regard to any of the following:

(a)
Whether or not the trust is irrevocable or was established for
purposes other than to enable a grantor to qualify for medicaid;

(b)
Whether or not the trustee actually exercises discretion.

(5)
If any real or personal property is transferred to a medicaid
qualifying trust that is not distributable to the applicant or
recipient, the transfer shall be considered an improper disposition
of assets and shall be subject to section 5163.30 of the Revised Code

and rules to implement that section adopted under section 5163.02 of
the Revised Code
.

(6)
The baseline date for the look-back period for disposition of assets
involving a medicaid qualifying trust shall be the date on which the
applicant or recipient is both institutionalized and first applies
for medicaid.

(E)(1)
A trust or legal instrument or device similar to a trust shall be
considered a self-settled trust if all of the following apply:

(a)
The trust was established on or after August 11, 1993.

(b)
The trust was not established by a will.

(c)
The trust was established by an applicant or recipient, spouse of an
applicant or recipient, or a person, including a court or
administrative body, with legal authority to act in place of or on
behalf of an applicant, recipient, or spouse, or acting at the
direction or on request of an applicant, recipient, or spouse.

(2)
A trust that meets the requirements of division (E)(1) of this
section and is a revocable trust shall be treated by the county
department of job and family services as follows:

(a)
The corpus of the trust shall be considered a resource available to
the applicant or recipient.

(b)
Payments from the trust to or for the benefit of the applicant or
recipient shall be considered unearned income of the applicant or
recipient.

(c)
Any other payments from the trust shall be considered an improper
disposition of assets and shall be subject to section 5163.30 of the
Revised Code

and rules to implement that section adopted under section 5163.02 of
the Revised Code
.

(3)
A trust that meets the requirements of division (E)(1) of this
section and is an irrevocable trust shall be treated by the county
department of job and family services as follows:

(a)
If there are any circumstances under which payment from the trust
could be made to or for the benefit of the applicant or recipient,
including a payment that can be made only in the future, the portion
from which payments could be made shall be considered a resource
available to the applicant or recipient. The county department of job
and family services shall not take into account when payments can be
made.

(b)
Any payment that is actually made to or for the benefit of the
applicant or recipient from either the corpus or income shall be
considered unearned income.

(c)
If a payment is made to someone other than to the applicant or
recipient and the payment is not for the benefit of the applicant or
recipient, the payment shall be considered an improper disposition of
assets and shall be subject to section 5163.30 of the Revised Code
and rules to implement that section adopted under section 5163.02 of
the Revised Code.

(d)
The date of the disposition shall be the later of the date of
establishment of the trust or the date of the occurrence of the
event.

(e)
When determining the value of the disposed asset under this
provision, the value of the trust shall be its value on the date
payment to the applicant or recipient was foreclosed.

(f)
Any income earned or other resources added subsequent to the
foreclosure date shall be added to the total value of the trust.

(g)
Any payments to or for the benefit of the applicant or recipient
after the foreclosure date but prior to the application date shall be
subtracted from the total value. Any other payments shall not be
subtracted from the value.

(h)
Any addition of assets after the foreclosure date shall be considered
a separate disposition.

(4)
If a trust is funded with assets of another person or persons in
addition to assets of the applicant or recipient, the applicable
provisions of this section and rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
governing
trusts shall apply only to the portion of the trust attributable to
the applicant or recipient.

(5)
The availability of a self-settled trust shall be considered without
regard to any of the following:

(a)
The purpose for which the trust is established;

(b)
Whether the trustees have exercised or may exercise discretion under
the trust;

(c)
Any restrictions on when or whether distributions may be made from
the trust;

(d)
Any restrictions on the use of distributions from the trust.

(6)
The baseline date for the look-back period for dispositions of assets
involving a self-settled trust shall be the date on which the
applicant or recipient is both institutionalized and first applies
for medicaid.

(F)
The principal or income from any of the following shall not be a
resource available to the applicant or recipient:

(1)(a)
A special needs trust that meets all of the following requirements:

(i)
The trust contains assets of an applicant or recipient under
sixty-five years of age and may contain the assets of other
individuals.

(ii)
The applicant or recipient is disabled as defined in rules adopted

under
section 5163.02 of the Revised Code
by
the medicaid director
.

(iii)
The trust is established for the benefit of the applicant or
recipient by any of the following: the applicant or recipient, if
established on or after December 13, 2016; a parent, grandparent, or
legal guardian of the applicant or recipient; or a court.

(iv)
The trust requires that on the death of the applicant or recipient
the state will receive all amounts remaining in the trust up to an
amount equal to the total amount of medicaid payments made on behalf
of the applicant or recipient.

(b)
If a special needs trust meets the requirements of division (F)(1)(a)
of this section and has been established for a disabled applicant or
recipient under sixty-five years of age, the exemption for the trust
granted pursuant to division (F) of this section shall continue after
the disabled applicant or recipient becomes sixty-five years of age
if the applicant or recipient continues to be disabled as defined in
rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
.
Except for income earned by the trust, the grantor shall not add to
or otherwise augment the trust after the applicant or recipient
attains sixty-five years of age. An addition or augmentation of the
trust by the applicant or recipient with the applicant's own assets
after the applicant or recipient attains sixty-five years of age
shall be treated as an improper disposition of assets.

(c)
Cash distributions to the applicant or recipient shall be counted as
unearned income. All other distributions from the trust shall be
treated as provided in rules adopted under section 5163.02 of the
Revised Code governing in-kind income.

(d)
Transfers of assets to a special needs trust shall not be treated as
an improper transfer of resources. An asset held prior to the
transfer to the trust shall be considered as a resource available to
the applicant or recipient, income available to the applicant or
recipient, or both a resource and income available to the individual.

(2)(a)
A qualifying income trust that meets all of the following
requirements:

(i)
The trust is composed only of pension, social security, and other
income to the applicant or recipient, including accumulated interest
in the trust.

(ii)
The income is received by the individual and the right to receive the
income is not assigned or transferred to the trust.

(iii)
The trust requires that on the death of the applicant or recipient
the state will receive all amounts remaining in the trust up to an
amount equal to the total amount of medicaid payments made on behalf
of the applicant or recipient.

(b)
No resources shall be used to establish or augment the trust.

(c)
If an applicant or recipient has irrevocably transferred or assigned
the applicant's or recipient's right to receive income to the trust,
the trust shall not be considered a qualifying income trust by the
county department of job and family services.

(d)
Income placed in a qualifying income trust shall not be counted in
determining an applicant's or recipient's eligibility for medicaid.
The recipient of the funds may place any income directly into a
qualifying income trust without those funds adversely affecting the
applicant's or recipient's eligibility for medicaid. Income generated
by the trust that remains in the trust shall not be considered as
income to the applicant or recipient.

(e)
All income placed in a qualifying income trust shall be combined with
any income available to the individual that is not placed in the
trust to arrive at a base income figure to be used for spend down
calculations.

(f)
The base income figure shall be used for post-eligibility deductions,
including personal needs allowance, monthly income allowance, family
allowance, and medical expenses not subject to third party payment.
Any income remaining shall be used toward payment of patient
liability. Payments made from a qualifying income trust shall not be
combined with the base income figure for post-eligibility
calculations.

(g)
The base income figure shall be used when determining the spend down
budget for the applicant or recipient. Any income remaining after
allowable deductions are permitted as provided under rules adopted
under section 5163.02 of the Revised Code shall be considered the
applicant's or recipient's spend down liability.

(3)(a)
A pooled trust that meets all of the following requirements:

(i)
The trust contains the assets of the applicant or recipient of any
age who is disabled as defined in rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
.

(ii)
The trust is established and managed by a nonprofit organization.

(iii)
A separate account is maintained for each beneficiary of the trust
but, for purposes of investment and management of funds, the trust
pools the funds in these accounts.

(iv)
Accounts in the trust are established by the applicant or recipient,
the applicant's or recipient's parent, grandparent, or legal
guardian, or a court solely for the benefit of individuals who are
disabled.

(v)
The trust requires that, to the extent that any amounts remaining in
the beneficiary's account on the death of the beneficiary are not
retained by the trust, the trust pay to the state the amounts
remaining in the trust up to an amount equal to the total amount of
medicaid payments made on behalf of the beneficiary.

(b)
Cash distributions to the applicant or recipient shall be counted as
unearned income. All other distributions from the trust shall be
treated as provided in rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
governing
in-kind income.

(c)
Transfers of assets to a pooled trust shall not be treated as an
improper disposition of assets. An asset held prior to the transfer
to the trust shall be considered as a resource available to the
applicant or recipient, income available to the applicant or
recipient, or both a resource and income available to the applicant
or recipient.

(4)
A supplemental services trust that meets the requirements of section
5815.28 of the Revised Code and to which all of the following apply:

(a)
A person may establish a supplemental services trust pursuant to
section 5815.28 of the Revised Code only for another person who is
eligible to receive services through one of the following agencies:

(i)
The department of developmental disabilities;

(ii)
A county board of developmental disabilities;

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

(iv)
A board of alcohol, drug addiction, and mental health services.

(b)
A county department of job and family services shall not determine
eligibility for another agency's program. An applicant or recipient
shall do one of the following:

(i)
Provide documentation from one of the agencies listed in division
(F)(4)(a) of this section that establishes that the applicant or
recipient was determined to be eligible for services from the agency
at the time of the creation of the trust;

(ii)
Provide an order from a court of competent jurisdiction that states
that the applicant or recipient was eligible for services from one of
the agencies listed in division (F)(4)(a) of this section at the time
of the creation of the trust.

(c)
At the time the trust is created, the trust principal does not exceed
the maximum amount permitted. The maximum amount permitted in
calendar year 2006 is two hundred twenty-two thousand dollars. Each
year thereafter, the maximum amount permitted is the prior year's
amount plus two thousand dollars.

(d)
A county department of job and family services shall review the trust
to determine whether it complies with the provisions of section
5815.28 of the Revised Code.

(e)
Payments from supplemental services trusts shall be exempt as long as
the payments are for supplemental services as defined in rules
adopted under section 5163.02 of the Revised Code. All supplemental
services shall be purchased by the trustee and shall not be purchased
through direct cash payments to the beneficiary.

(f)
If a trust is represented as a supplemental services trust and a
county department of job and family services determines that the
trust does not meet the requirements provided in division (F)(4) of
this section and section 5815.28 of the Revised Code, the county
department of job and family services shall not consider it an exempt
trust.

(G)(1)
A trust or legal instrument or device similar to a trust shall be
considered a trust established by an individual for the benefit of
the applicant or recipient if all of the following apply:

(a)
The trust is created by a person other than the applicant or
recipient.

(b)
The trust names the applicant or recipient as a beneficiary.

(c)
The trust is funded with assets or property in which the applicant or
recipient has never held an ownership interest prior to the
establishment of the trust.

(2)
Any portion of a trust that meets the requirements of division (G)(1)
of this section shall be a resource available to the applicant or
recipient only if the trust permits the trustee to expend principal,
corpus, or assets of the trust for the applicant's or recipient's
medical care, care, comfort, maintenance, health, welfare, general
well being, or any combination of these purposes.

(3)
A trust that meets the requirements of division (G)(1) of this
section shall be considered a resource available to the applicant or
recipient even if the trust contains any of the following types of
provisions:

(a)
A provision that prohibits the trustee from making payments that
would supplant or replace medicaid or other public assistance;

(b)
A provision that prohibits the trustee from making payments that
would impact or have an effect on the applicant's or recipient's
right, ability, or opportunity to receive medicaid or other public
assistance;

(c)
A provision that attempts to prevent the trust or its corpus or
principal from being a resource available to the applicant or
recipient.

(4)
A trust that meets the requirements of division (G)(1) of this
section shall not be counted as a resource available to the applicant
or recipient if at least one of the following circumstances applies:

(a)
If a trust contains a clear statement requiring the trustee to
preserve a portion of the trust for another beneficiary or
remainderman, that portion of the trust shall not be counted as a
resource available to the applicant or recipient. Terms of a trust
that grant discretion to preserve a portion of the trust shall not
qualify as a clear statement requiring the trustee to preserve a
portion of the trust.

(b)
If a trust contains a clear statement requiring the trustee to use a
portion of the trust for a purpose other than medical care, care,
comfort, maintenance, welfare, or general well being of the applicant
or recipient, that portion of the trust shall not be counted as a
resource available to the applicant or recipient. Terms of a trust
that grant discretion to limit the use of a portion of the trust
shall not qualify as a clear statement requiring the trustee to use a
portion of the trust for a particular purpose.

(c)
If a trust contains a clear statement limiting the trustee to making
fixed periodic payments, the trust shall not be counted as a resource
available to the applicant or recipient and payments shall be treated
in accordance with rules adopted under section 5163.02 of the Revised
Code governing income. Terms of a trust that grant discretion to
limit payments shall not qualify as a clear statement requiring the
trustee to make fixed periodic payments.

(d)
If a trust contains a clear statement that requires the trustee to
terminate the trust if it is counted as a resource available to the
applicant or recipient, the trust shall not be counted as such. Terms
of a trust that grant discretion to terminate the trust do not
qualify as a clear statement requiring the trustee to terminate the
trust.

(e)
If a person obtains a judgment from a court of competent jurisdiction
that expressly prevents the trustee from using part or all of the
trust for the medical care, care, comfort, maintenance, welfare, or
general well being of the applicant or recipient, the trust or that
portion of the trust subject to the court order shall not be counted
as a resource available to the applicant or recipient.

(f)
If a trust is specifically exempt from being counted as a resource
available to the applicant or recipient by a provision of the Revised
Code, rules, or federal law, the trust shall not be counted as such.

(g)
If an applicant or recipient presents a final judgment from a court
demonstrating that the applicant or recipient was unsuccessful in a
civil action against the trustee to compel payments from the trust,
the trust shall not be counted as a resource available to the
applicant or recipient.

(h)
If an applicant or recipient presents a final judgment from a court
demonstrating that in a civil action against the trustee the
applicant or recipient was only able to compel limited or periodic
payments, the trust shall not be counted as a resource available to
the applicant or recipient and payments shall be treated in
accordance with rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
governing
income.

(i)
If an applicant or recipient provides written documentation showing
that the cost of a civil action brought to compel payments from the
trust would be cost prohibitive, the trust shall not be counted as a
resource available to the applicant or recipient.

(5)
Any actual payments to the applicant or recipient from a trust that
meet the requirements of division (G)(1) of this section, including
trusts that are not counted as a resource available to the applicant
or recipient, shall be treated as provided in rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
governing
income. Payments to any person other than the applicant or recipient
shall not be considered income to the applicant or recipient.
Payments from the trust to a person other than the applicant or
recipient shall not be considered an improper disposition of assets.

Sec.
5163.30.
(A)
As used in this section:

(1)
"Assets" include all of an individual's income and
resources and those of the individual's spouse, including any income
or resources the individual or spouse is entitled to but does not
receive because of action by any of the following:

(a)
The individual or spouse;

(b)
A person or government entity, including a court or administrative
agency, with legal authority to act in place of or on behalf of the
individual or spouse;

(c)
A person or government entity, including a court or administrative
agency, acting at the direction or on the request of the individual
or spouse.

(2)
"Home and community-based services" means home and
community-based services furnished under a medicaid waiver granted by
the United States secretary of health and human services under the
"Social Security Act," section 1915(c) or (d), 42 U.S.C.
1396n(c) or (d).

(3)
"Institutionalized individual" means a resident of a
nursing facility, an inpatient in a medical institution for whom a
payment is made based on a level of care provided in a nursing
facility, or an individual described in the "Social Security
Act," section 1902(a)(10)(A)(ii)(VI), 42 U.S.C.
1396a(a)(10)(A)(ii)(VI).

(4)
"Look-back date" means the date that is a number of months
specified in rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
immediately
before either of the following:

(a)
The date an individual becomes an institutionalized individual if the
individual is eligible for medicaid on that date;

(b)
The date an individual applies for medicaid while an
institutionalized individual.

(5)
"Nursing facility equivalent services" means services that
are covered by the medicaid program, equivalent to nursing facility
services, provided by an institution that provides the same level of
care as a nursing facility, and provided to an inpatient of the
institution who is a medicaid recipient eligible for medicaid-covered
nursing facility equivalent services.

(6)
"Undue hardship" means being deprived of either of the
following:

(a)
Medical care such that an individual's health or life is endangered;

(b)
Food, clothing, shelter, or other necessities of life.

(B)
Except as provided in division (C) of this section and rules adopted

under
section 5163.02 of the Revised Code
by
the medicaid director
,
an institutionalized individual is ineligible for nursing facility
services, nursing facility equivalent services, and home and
community-based services if the individual or individual's spouse
disposes of assets for less than fair market value on or after the
look-back date. The institutionalized individual's ineligibility
shall begin on a date determined in accordance with rules adopted

under
section 5163.02 of the Revised Code
by
the medicaid director
and
shall continue for a number of months determined in accordance with
such rules.

(C)(1)
An institutionalized individual may be granted a waiver of all or a
portion of the period of ineligibility to which the individual would
otherwise be subjected under division (B) of this section if the
ineligibility would cause an undue hardship for the individual.

(2)
An institutionalized individual may be granted a waiver of all or a
portion of the period of ineligibility if the administrator of the
nursing facility in which the individual resides has notified the
individual of a proposed transfer or discharge under section 3721.16
of the Revised Code due to failure to pay for the care the nursing
facility has provided to the individual, the individual or the
individual's sponsor requests a hearing on the proposed transfer or
discharge in accordance with section 3721.161 of the Revised Code,
and the transfer or discharge is upheld by a final determination that
is not subject to further appeal.

(3)
An institutionalized individual may be granted a waiver of all of the
period of ineligibility if all of the assets that were disposed of
for less than fair market value are returned to the individual or
individual's spouse or if the individual or individual's spouse
receives cash or other personal or real property that equals the
difference between what the individual or individual's spouse
received for the assets and the fair market value of the assets.
Except as provided in division (C)(1) or (2) of this section, no
waiver of any part of the period of ineligibility shall be granted if
the amount the individual or individual's spouse receives is less
than the difference between what the individual or individual's
spouse received for the assets and the fair market value of the
assets.

(4)
Waivers shall be granted in accordance with rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
.

(D)
To secure compliance with this section, the medicaid director may
require an individual, as a condition of initial or continued
eligibility for medicaid, to provide documentation of the
individual's assets up to five years before the date the individual
becomes an institutionalized individual if the individual is eligible
for medicaid on that date or the date the individual applies for
medicaid while an institutionalized individual. Documentation may
include tax returns, records from financial institutions, and real
property records.

Sec.
5163.31.
(A)
Except as provided by division (A) of this section and for the
purpose of determining whether an aged, blind, or disabled individual
is eligible for nursing facility services, ICF/IID services, or other
medicaid-funded long-term care services, the medicaid director may
consider an aged, blind, or disabled individual's real property to
not be the individual's homestead or principal place of residence
once the individual has resided in a nursing facility, ICF/IID, or
other medical institution for at least thirteen months.

(B)
Division (A) of this section does not apply to an individual if any
of the following reside in the individual's real property that,
because of this division, continues to be considered the individual's
homestead or principal place of residence:

(1)
The individual's spouse;

(2)
The individual's child if any of the following apply:

(a)
The child is under twenty-one years of age.

(b)
The child is considered blind or disabled under the "Social
Security Act," section 1614, 42 U.S.C. 1382c.

(c)
The child is financially dependent on the individual for housing as
determined in accordance with rules adopted
under
section 5163.02 of the Revised Code
by
the medicaid director
.

(3)
The individual's sibling if the sibling has a verified equity
interest in the real property and resided in the real property for at
least one year immediately before the date the individual was
admitted to the nursing facility, ICF/IID, or other medical
institution.

Sec.
5164.02.
(A)
The medicaid director shall adopt rules
as
necessary to implement this chapter. The rules shall be adopted
in
accordance with Chapter 119. of the Revised Code
.

(B)
The rules shall

that

establish
all of the following:

(1)
The amount, duration, and scope of the medicaid services covered by
the medicaid program;

(2)
The medicaid payment rate for each medicaid service or, in lieu of
the rate, the method by which the rate is to be determined for each
medicaid service;

(3)
Procedures for enforcing the rules adopted under this section that
provide due process protections, including procedures for corrective
action plans for, and imposing financial and administrative sanctions
on, persons and government entities that violate the rules.

(C)
(B)

The rules may be different for different medicaid services.

(D)
(C)

The medicaid director is not required to adopt a rule establishing
the medicaid payment rate for a medicaid service if the director
adopts a rule establishing the method by which the rate is to be
determined for the medicaid service and makes the rate available on
the internet web site maintained by the department of medicaid.

Sec.
5164.061.
(A)
As used in this section:

(1)
"Prescriber" has the same meaning as in section 4729.01 of
the Revised Code, but does not include a dentist, optometrist, or
veterinarian.

(2)
"Prior authorization requirement" means any practice in
which coverage of a health care service, device, or drug is dependent
upon a recipient or health care practitioner obtaining approval from
the medicaid program prior to the service, device, or drug being
performed, received, or prescribed, as applicable.

(B)(1)
The medicaid program shall cover evaluation and management services
provided by a chiropractor if the chiropractor is licensed to
practice chiropractic under Chapter 4734. of the Revised Code.

(2)

The
medicaid director may adopt rules under section 5164.02 of the
Revised Code to cover other services provided by a chiropractor under
the medicaid program.

(3)

With
respect to the coverage described in this section, all of the
following apply:

(a)
A chiropractor may provide covered services in any location,
including a hospital or nursing facility.

(b)
The medicaid program shall not impose a prior authorization
requirement on covered services.

(c)
The medicaid program shall not make coverage contingent upon the
medicaid recipient first receiving a referral, prescription, or
treatment from a prescriber.

(C)
If a service described in this section could be provided by either a
chiropractor licensed under Chapter 4734. of the Revised Code or a
licensed health professional other than a chiropractor, the medicaid
program shall pay the chiropractor the same amount for the service
that it pays the licensed health professional.

Sec.
5164.071.
(A)
As used in this section, "doula" has the same meaning as in
section 4723.89 of the Revised Code.

(B)
The medicaid program shall cover doula services that are provided by
a doula if the doula has a valid provider agreement and is certified
under section 4723.89 of the Revised Code. Medicaid payments for
doula services shall be determined on the basis of each pregnancy,
regardless of whether multiple births occur as a result of that
pregnancy.

(C)
Any provider outcome measurements or incentives the department of
medicaid implements for the medicaid coverage of doula services shall
be consistent with this state's medicare-medicaid plan quality
withhold provider or managed care plan methodology and benchmarks.

(D)
The medicaid director shall adopt rules
under
section 5164.02 of the Revised Code to implement this
section
regarding
the medicaid program's coverage of doula services
.

Sec.
5164.072.
(A)
As used in this section, "licensed health professional"
means the following:

(1)
A physician authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery or osteopathic medicine and surgery;

(2)
An advanced practice registered nurse who holds a current, valid
license issued under Chapter 4723. of the Revised Code that
authorizes the practice of nursing as an advanced practice registered
nurse and is designated as a clinical specialist, certified
nurse-midwife, or certified nurse practitioner;

(3)
A physician assistant licensed under Chapter 4730. of the Revised
Code.

(B)
The medicaid program shall cover pasteurized human donor milk and
human milk fortifiers, in both hospital and home settings, for an
infant whose gestationally corrected age is less than twelve months
when all of the following apply:

(1)
A licensed health professional signs an order stating that human
donor milk or human milk fortifiers are medically necessary because
the infant meets any of the following criteria:

(a)
The infant has a birth weight less than eighteen hundred grams or
body weight below healthy levels.

(b)
The infant has a gestational age at birth of thirty-four weeks or
less.

(c)
The infant has any congenital or acquired condition for which the
health professional determines that the use of pasteurized human
donor milk or human milk fortifiers will support the treatment of the
condition and recovery of the infant.

(2)
The infant is medically or physically unable to receive maternal
breast milk or participate in breast-feeding, or the infant's mother
is medically or physically unable to produce breast milk in
sufficient quantities or of adequate caloric density, despite
lactation support.

(C)
The medicaid director may adopt rules in accordance with Chapter 119.
of the Revised Code
to
implement this section
regarding
the medicaid program's coverage of pasteurized human donor milk and
human milk fortifiers for certain infants whose gestationally
corrected age is less than twelve months
.

Sec.
5164.092.
(A)
Except as provided in division (B) of this section, the medicaid
program shall cover remote ultrasound procedures and remote fetal
nonstress tests, utilizing established current procedural terminology
codes (CPT codes) for those procedures for when the patient is in a
residence or other off-site location from the patient's medicaid
provider.

(B)
The coverage under division (A) of this section applies only under
the following circumstances:

(1)
The medicaid provider responsible for the procedure uses digital
technology that meets both of the following criteria:

(a)
The technology is used only to collect medical and other data from a
patient and electronically transmit that data securely to a health
care provider in a different location for that provider's examination
of the data;

(b)
The technology has been approved by the United States food and drug
administration for remote data acquisition, if required under federal
law.

(2)
For remote fetal nonstress tests, the CPT code includes a place of
service modifier for at home monitoring using remote monitoring
solutions that are cleared by the United States food and drug
administration for monitoring fetal heart rate, maternal heart rate,
and uterine activity.

(C)
The
department

medicaid
director
shall
adopt rules
as
necessary to implement this section
regarding
the medicaid program's coverage of remote ultrasound procedures and
remote fetal nonstress tests
.

Sec.
5164.16.
The
medicaid program may cover one or more state plan home and
community-based services that the department of medicaid selects for
coverage. A medicaid recipient of any age may receive a state plan
home and community-based service if the recipient has countable
income not exceeding two hundred twenty-five per cent of the federal
poverty line
,

and

has a medical need for the service
,
and meets all other eligibility requirements for the service
specified in rules adopted under section 5164.02 of the Revised Code.
The rules may not require a medicaid recipient to undergo a level of
care determination to be eligible for a state plan home and
community-based service
.

Sec.
5164.291.
The
department of medicaid shall establish a credentialing program that
includes a credentialing committee to review the competence,
professional conduct, and quality of care provided by medicaid
providers.

Any
activities performed by the credentialing committee shall be
considered activities of a peer review committee of a health care
entity and shall be subject to sections 2305.25 to 2305.253 of the
Revised Code.

The
medicaid director may adopt rules
under
section 5164.02 of the Revised Code as necessary
to

implement
this section
establish
a credentialing program
.
Any rules adopted shall be consistent with the requirements that
apply to medicare advantage organizations under 42 C.F.R. 422.204.

Sec.
5164.31.
(A)
For the purpose of raising funds necessary to pay the expenses of
implementing the provider screening requirements of subpart E of 42
C.F.R. Part 455 and except as provided in division (B) of this
section, the department of medicaid shall collect an application fee
from a medicaid provider before doing any of the following:

(1)
Entering into a provider agreement with a medicaid provider that
seeks initial enrollment as a provider;

(2)
Entering into a provider agreement with a former medicaid provider
that seeks re-enrollment as a provider;

(3)
Revalidating a medicaid provider's continued enrollment as a
provider.

(B)
The department is not to collect an application fee from a medicaid
provider that is exempt from paying the fee under 42 C.F.R.
455.460(a).

(C)
The application fees shall be deposited into the health care/medicaid
support and recoveries fund created under section 5162.52 of the
Revised Code. Application fees are nonrefundable when collected in
accordance with 42 C.F.R. 455.460(a).

(D)
The medicaid director shall adopt rules
under
section 5164.02 of the Revised Code as necessary to implement this
section, including a rule
establishing
the amount of the application fee to be collected under this section.
The amount of the application fee shall not be set at an amount that
is more than necessary to pay for the expenses of implementing the
provider screening requirements.

Sec.
5164.32.
(A)
Each medicaid provider agreement shall expire not later than five
years from its effective date. If a provider agreement entered into
before
the
effective date of this amendment
September
29, 2013,

does not have a time limit, the department of medicaid shall convert
the agreement to a provider agreement with a time limit.

(B)
The medicaid director shall adopt rules
under
section 5164.02 of the Revised Code as necessary to implement this
section. The rules shall be
that
are
consistent
with subpart E of 42 C.F.R. Part 455
and
include
to
establish
a
process for revalidating medicaid providers' continued enrollments as
providers. All of the following apply to the revalidation process:

(1)
The department shall refuse to revalidate a provider's provider
agreement when the provider fails to file a complete application for
revalidation within the time and in the manner required under the
revalidation process.

(2)
If a provider files a complete application for revalidation within
the time and in the manner required under the revalidation process,
but the provider agreement expires before the department acts on the
application or before the effective date of the department's decision
on the application, the provider, subject to division (B)(3) of this
section, may continue operating under the terms of the expired
provider agreement until the effective date of the department's
decision.

(3)
If a provider continues operating under the terms of an expired
provider agreement pursuant to division (B)(2) of this section and
the department denies the provider's application for revalidation,
medicaid payments shall not be made for services or items the
provider provides during the period beginning on the date the
provider agreement expired and ending on the effective date of a
subsequent provider agreement, if any, the department enters into
with the provider.

Sec.
5164.33.
(A)
The medicaid director may do the following for any reason permitted
or required by federal law and when the director determines that the
action is in the best interests of medicaid recipients or the state:

(1)
Deny, refuse to revalidate, suspend, or terminate a provider
agreement;

(2)
Exclude an individual, provider of services or goods, or other entity
from participation in the medicaid program.

(B)
No individual, provider, or entity excluded from participation in the
medicaid program under this section shall do any of the following:

(1)
Own, or provide services to, any other medicaid provider or risk
contractor;

(2)
Arrange for, render, or order services for medicaid recipients during
the period of exclusion;

(3)
During the period of exclusion, receive direct payments under the
medicaid program or indirect payments of medicaid funds in the form
of salary, shared fees, contracts, kickbacks, or rebates from or
through any other medicaid provider or risk contractor.

(C)
An individual, provider, or entity excluded from participation in the
medicaid program under this section may request a reconsideration of
the exclusion. The director shall adopt rules
under
section 5164.02 of the Revised Code
governing
the process for requesting a reconsideration.

(D)
Nothing in this section limits the applicability of section 5164.38
of the Revised Code to a medicaid provider.

Sec.
5164.34.
(A)
As used in this section:

(1)
"Criminal records check" has the same meaning as in section
109.572 of the Revised Code.

(2)
"Disqualifying offense" means any of the offenses listed or
described in divisions (A)(3)(a) to (e) of section 109.572 of the
Revised Code.

(3)
"Owner" means a person who has an ownership interest in a
medicaid provider in an amount designated in rules authorized by this
section.

(4)
"Person subject to the criminal records check requirement"
means the following:

(a)
A medicaid provider who is notified under division (E)(1) of this
section that the provider is subject to a criminal records check;

(b)
An owner or prospective owner, officer or prospective officer, or
board member or prospective board member of a medicaid provider if,
pursuant to division (E)(1)(a) of this section, the owner or
prospective owner, officer or prospective officer, or board member or
prospective board member is specified in information given to the
provider under division (E)(1) of this section;

(c)
An employee or prospective employee of a medicaid provider if both of
the following apply:

(i)
The employee or prospective employee is specified, pursuant to
division (E)(1)(b) of this section, in information given to the
provider under division (E)(1) of this section.

(ii)
The provider is not prohibited by division (D)(3)(b) of this section
from employing the employee or prospective employee.

(5)
"Responsible entity" means the following:

(a)
With respect to a criminal records check required under this section
for a medicaid provider, the department of medicaid or the
department's designee;

(b)
With respect to a criminal records check required under this section
for an owner or prospective owner, officer or prospective officer,
board member or prospective board member, or employee or prospective
employee of a medicaid provider, the provider.

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

(1)
An individual who is subject to a criminal records check under
section 3712.09, 3721.121, 5123.081, or 5123.169 of the Revised Code;

(2)
An individual who is subject to a database review or criminal records
check under section 173.38, 173.381, 3740.11, or 5164.342 of the
Revised Code;

(3)
An individual who is an applicant or independent provider, both as
defined in section 5164.341 of the Revised Code.

(C)
The department of medicaid may do any of the following:

(1)
Require that any medicaid provider submit to a criminal records check
as a condition of obtaining or maintaining a provider agreement;

(2)
Require that any medicaid provider require an owner or prospective
owner, officer or prospective officer, or board member or prospective
board member of the provider submit to a criminal records check as a
condition of being an owner, officer, or board member of the
provider;

(3)
Require that any medicaid provider do the following:

(a)
If so required by rules authorized by this section, determine
pursuant to a database review conducted under division (F)(1)(a) of
this section whether any employee or prospective employee of the
provider is included in a database;

(b)
Unless the provider is prohibited by division (D)(3)(b) of this
section from employing the employee or prospective employee, require
the employee or prospective employee to submit to a criminal records
check as a condition of being an employee of the provider.

(D)(1)
The department or the department's designee shall deny or terminate a
medicaid provider's provider agreement if the provider is a person
subject to the criminal records check requirement and either of the
following applies:

(a)
The provider fails to obtain the criminal records check after being
given the information specified in division (G)(1) of this section.

(b)
Except as provided in rules authorized by this section, the provider
is found by the criminal records check to have been convicted of or
have pleaded guilty to a disqualifying offense, regardless of the
date of the conviction or the date of entry of the guilty plea.

(2)
No medicaid provider shall permit a person to be an owner, officer,
or board member of the provider if the person is a person subject to
the criminal records check requirement and either of the following
applies:

(a)
The person fails to obtain the criminal records check after being
given the information specified in division (G)(1) of this section.

(b)
Except as provided in rules authorized by this section, the person is
found by the criminal records check to have been convicted of or have
pleaded guilty to a disqualifying offense, regardless of the date of
the conviction or the date of entry of the guilty plea.

(3)
Except as provided in division (I) of this section, no medicaid
provider shall employ a person if any of the following apply:

(a)
The person has been excluded from being a medicaid provider, a
medicare provider, or provider for any other federal health care
program.

(b)
If the person is subject to a database review conducted under
division (F)(1)(a) of this section, the person is found by the
database review to be included in a database and the rules authorized
by this section regarding the database review prohibit the provider
from employing a person included in the database.

(c)
If the person is a person subject to the criminal records check
requirement, either of the following applies:

(i)
The person fails to obtain the criminal records check after being
given the information specified in division (G)(1) of this section.

(ii)
Except as provided in rules authorized by this section, the person is
found by the criminal records check to have been convicted of or have
pleaded guilty to a disqualifying offense, regardless of the date of
the conviction or the date of entry of the guilty plea.

(E)(1)
The department or the department's designee shall inform each
medicaid provider whether the provider is subject to a criminal
records check. For providers with valid provider agreements, the
information shall be given at times designated in rules authorized by
this section. For providers applying to be medicaid providers, the
information shall be given at the time of initial application. When
the information is given, the department or the department's designee
shall specify the following:

(a)
Which of the provider's owners or prospective owners, officers or
prospective officers, or board members or prospective board members
are subject to a criminal records check;

(b)
Which of the provider's employees or prospective employees are
subject to division (C)(3) of this section.

(2)
At times designated in rules authorized by this section, a medicaid
provider that is a person subject to the criminal records check
requirement shall do the following:

(a)
Inform each person specified under division (E)(1)(a) of this section
that the person is required to submit to a criminal records check as
a condition of being an owner, officer, or board member of the
provider;

(b)
Inform each person specified under division (E)(1)(b) of this section
that the person is subject to division (C)(3) of this section.

(F)(1)
If a medicaid provider is a person subject to the criminal records
check requirement, the department or the department's designee shall
require the conduct of a criminal records check by the superintendent
of the bureau of criminal identification and investigation. A
medicaid provider shall require the conduct of a criminal records
check by the superintendent with respect to each of the persons
specified under division (E)(1)(a) of this section. With respect to
each employee and prospective employee specified under division
(E)(1)(b) of this section, a medicaid provider shall do the
following:

(a)
If rules authorized by this section require the provider to conduct a
database review to determine whether the employee or prospective
employee is included in a database, conduct the database review in
accordance with the rules;

(b)
Unless the provider is prohibited by division (D)(3)(b) of this
section from employing the employee or prospective employee, require
the conduct of a criminal records check of the employee or
prospective employee by the superintendent.

(2)
If a person subject to the criminal records check requirement does
not present proof of having been a resident of this state for the
five-year period immediately prior to the date the criminal records
check is requested or provide evidence that within that five-year
period the superintendent has requested information about the person
from the federal bureau of investigation in a criminal records check,
the responsible entity shall require the person to request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check of the person.
Even if the person presents proof of having been a resident of this
state for the five-year period, the responsible entity may require
that the person request that the superintendent obtain information
from the federal bureau of investigation and include it in the
criminal records check of the person.

(G)
Criminal records checks required by this section shall be obtained as
follows:

(1)
The responsible entity shall provide each person subject to the
criminal records check requirement information about accessing and
completing the form prescribed pursuant to division (C)(1) of section
109.572 of the Revised Code and the standard impression sheet
prescribed pursuant to division (C)(2) of that section.

(2)
The person subject to the criminal records check requirement shall
submit the required form and one complete set of the person's
fingerprint impressions directly to the superintendent for purposes
of conducting the criminal records check using the applicable methods
prescribed by division (C) of section 109.572 of the Revised Code.
The person shall pay all fees associated with obtaining the criminal
records check.

(3)
The superintendent shall conduct the criminal records check in
accordance with section 109.572 of the Revised Code. The person
subject to the criminal records check requirement shall instruct the
superintendent to submit the report of the criminal records check
directly to the responsible entity. If the department or the
department's designee is not the responsible entity, the department
or designee may require the responsible entity to submit the report
to the department or designee.

(H)(1)
A medicaid provider may employ conditionally a person for whom a
criminal records check is required by this section prior to obtaining
the results of the criminal records check if both of the following
apply:

(a)
The provider is not prohibited by division (D)(3)(b) of this section
from employing the person.

(b)
The person submits a request for the criminal records check not later
than five business days after the person begins conditional
employment.

(2)
Except as provided in division (I) of this section, a medicaid
provider that employs a person conditionally under division (H)(1) of
this section shall terminate the person's employment if either of the
following apply:

(a)
The results of the criminal records check request are not obtained
within the period ending sixty days after the date the request is
made.

(b)
Regardless of when the results of the criminal records check are
obtained, the results indicate that the person has been convicted of
or has pleaded guilty to a disqualifying offense, unless
circumstances specified in rules authorized by this section exist
that permit the provider to employ the person and the provider
chooses to employ the person.

(I)
As used in this division, "behavioral health services"
means alcohol and drug addiction services, mental health services, or
both.

A
medicaid provider of behavioral health services may choose to employ
a person who the provider would be prohibited by division (D)(3) of
this section from employing or would be required by division (H)(2)
of this section to terminate the person's employment if both of the
following apply:

(1)
The person holds a valid health professional license issued under the
Revised Code granting the person authority to provide behavioral
health services, holds a valid peer recovery supporter certificate
issued pursuant to rules adopted by the department of mental health
and addiction services, or is in the process of obtaining such a
license or certificate.

(2)
The provider does not submit any medicaid claims for any services the
person provides.

(J)
The report of a criminal records check conducted pursuant to this
section is not a public record for the purposes of section 149.43 of
the Revised Code and shall not be made available to any person other
than the following:

(1)
The person who is the subject of the criminal records check or the
person's representative;

(2)
The medicaid director and the staff of the department who are
involved in the administration of the medicaid program;

(3)
The department's designee;

(4)
The medicaid provider who required the person who is the subject of
the criminal records check to submit to the criminal records check;

(5)
An individual receiving or deciding whether to receive, from the
subject of the criminal records check, home and community-based
services available under the medicaid state plan;

(6)
A court, hearing officer, or other necessary individual involved in a
case or administrative hearing dealing with any of the following:

(a)
The denial, suspension, or termination of a provider agreement;

(b)
A person's denial of employment, termination of employment, or
employment or unemployment benefits;

(c)
A civil or criminal action regarding the medicaid program.

With
respect to an administrative hearing dealing with the denial,
suspension, or termination of a provider agreement, the report of a
criminal records check may be introduced as evidence at the hearing
and if admitted, becomes part of the hearing record. Any such report
shall be admitted only under seal and shall maintain its status as
not a public record.

(K)
The medicaid director may adopt rules
under
section 5164.02 of the Revised Code to implement this section. If the
director adopts such rules, the rules shall
to

designate
the times at which a criminal records check must be conducted under
this section.
The

Additionally,
the
rules
may do any of the following:

(1)
Designate the categories of persons who are subject to a criminal
records check under this section;

(2)
Specify circumstances under which the department or the department's
designee may continue a provider agreement or issue a provider
agreement when the medicaid provider is found by a criminal records
check to have been convicted of or pleaded guilty to a disqualifying
offense;

(3)
Specify circumstances under which a medicaid provider may permit a
person to be an employee, owner, officer, or board member of the
provider when the person is found by a criminal records check
conducted pursuant to this section to have been convicted of or have
pleaded guilty to a disqualifying offense;

(4)
Specify all of the following:

(a)
The circumstances under which a database review must be conducted
under division (F)(1)(a) of this section to determine whether an
employee or prospective employee of a medicaid provider is included
in a database;

(b)
The procedures for conducting the database review;

(c)
The databases that are to be checked;

(d)
The circumstances under which, except as provided in division (I) of
this section, a medicaid provider is prohibited from employing a
person who is found by the database review to be included in a
database.

Sec.
5164.341.
(A)
As used in this section:

"Anniversary
date" means the effective date of the provider agreement
relating to the independent provider.

"Applicant"
means a person who has applied for a provider agreement to provide
home and community-based services as an independent provider under a
home and community-based medicaid waiver component administered by
the department of medicaid.

"Criminal
records check" has the same meaning as in section 109.572 of the
Revised Code.

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

"Independent
provider" means a person who has a provider agreement to provide
home and community-based services as an independent provider in a
home and community-based services medicaid waiver component
administered by the department of medicaid. "Independent
provider" does not include a person who is employed by an
individual enrolled in a participant-directed waiver administered by
the department of medicaid.

(B)
The department of medicaid or the department's designee shall deny an
applicant's application for a provider agreement and shall terminate
an independent provider's provider agreement if either of the
following applies:

(1)
After the applicant or independent provider is given the information
and notification required by divisions (D)(2)(a) and (b) of this
section, the applicant or independent provider fails to do either of
the following:

(a)
Access, complete, or forward to the superintendent of the bureau of
criminal identification and investigation the form prescribed
pursuant to division (C)(1) of section 109.572 of the Revised Code or
the standard impression sheet prescribed pursuant to division (C)(2)
of that section;

(b)
Instruct the superintendent to submit the completed report of the
criminal records check required by this section directly to the
department or the department's designee.

(2)
Except as provided in rules authorized by this section, the applicant
or independent provider is found by either of the following to have
been convicted of or have pleaded guilty to a disqualifying offense,
regardless of the date of the conviction or the date of entry of the
guilty plea:

(a)
A criminal records check required by this section;

(b)
In the case of an independent provider, a notice provided by the
bureau of criminal identification and investigation under division
(D) of section 109.5721 of the Revised Code.

(C)(1)
The department or the department's designee shall inform each
applicant, at the time of initial application for a provider
agreement, that the applicant is required to provide a set of the
applicant's fingerprint impressions and that a criminal records check
is required to be conducted as a condition of the department's
approving the application.

(2)
Unless the department elects to receive notices about independent
providers from the bureau of criminal identification and
investigation pursuant to division (D) of section 109.5721 of the
Revised Code, the department or the department's designee shall
inform each independent provider on or before the time of the
anniversary date of the provider agreement that the independent
provider is required to provide a set of the independent provider's
fingerprint impressions and that a criminal records check is required
to be conducted.

(D)(1)
The department or the department's designee shall require an
applicant to complete a criminal records check prior to entering into
a provider agreement with the applicant. The department or the
department's designee shall require an independent provider to
complete a criminal records check at least annually unless the
department elects to receive notices about independent providers from
the bureau of criminal identification and investigation pursuant to
division (D) of section 109.5721 of the Revised Code. If an applicant
or independent provider for whom a criminal records check is required
by this section does not present proof of having been a resident of
this state for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that within
that five-year period the superintendent of the bureau of criminal
identification and investigation has requested information about the
applicant or independent provider from the federal bureau of
investigation in a criminal records check, the department or the
department's designee shall request that the applicant or independent
provider obtain through the superintendent a criminal records request
from the federal bureau of investigation as part of the criminal
records check of the applicant or independent provider. Even if an
applicant or independent provider for whom a criminal records check
request is required by this section presents proof of having been a
resident of this state for the five-year period, the department or
the department's designee may request that the applicant or
independent provider obtain information through the superintendent
from the federal bureau of investigation in the criminal records
check.

(2)
The department or the department's designee shall provide the
following to each applicant and independent provider for whom a
criminal records check is required by this section:

(a)
Information about accessing, completing, and forwarding to the
superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard impression sheet
prescribed pursuant to division (C)(2) of that section;

(b)
Written notification that the applicant or independent provider is to
instruct the superintendent to submit the completed report of the
criminal records check directly to the department or the department's
designee.

(3)
Each applicant and independent provider for whom a criminal records
check is required by this section shall pay to the bureau of criminal
identification and investigation the fee prescribed pursuant to
division (C)(3) of section 109.572 of the Revised Code for the
criminal records check conducted of the applicant or independent
provider.

(E)
Neither the report of any criminal records check conducted by the
bureau of criminal identification and investigation in accordance
with section 109.572 of the Revised Code and pursuant to a request
made under this section nor a notice provided by the bureau under
division (D) of section 109.5721 of the Revised Code is a public
record for the purposes of section 149.43 of the Revised Code. Such a
report or notice shall not be made available to any person other than
the following:

(1)
The person who is the subject of the criminal records check or the
person's representative;

(2)
The medicaid director and the staff of the department who are
involved in the administration of the medicaid program;

(3)
The department's designee;

(4)
An individual receiving or deciding whether to receive home and
community-based services from the person who is the subject of the
criminal records check or notice from the bureau;

(5)
A court, hearing officer, or other necessary individual involved in a
case or administrative hearing dealing with either of the following:

(a)
A denial, suspension, or termination of a provider agreement,
including when related to the criminal records check or notice from
the bureau;

(b)
A civil or criminal action regarding the medicaid program.

With
respect to an administrative hearing dealing with the denial,
suspension, or termination of a provider agreement, the report of a
criminal records check may be introduced as evidence at the hearing
and if admitted, becomes part of the hearing record. Any such report
shall be admitted only under seal and shall maintain its status as
not a public record.

(F)
The medicaid director shall adopt rules
under
section 5164.02 of the Revised Code to implement this section. The
rules shall
that

specify
circumstances under which the department or the department's designee
may either approve an applicant's application or allow an independent
provider to maintain an existing provider agreement even though the
applicant or independent provider is found by either of the following
to have been convicted of or have pleaded guilty to a disqualifying
offense:

(1)
A criminal records check required by this section;

(2)
In the case of an independent provider, a notice provided by the
bureau of criminal identification and investigation under division
(D) of section 109.5721 of the Revised Code.

Sec.
5164.342.
(A)
As used in this section:

"Applicant"
means a person who is under final consideration for employment with a
waiver agency in a full-time, part-time, or temporary position that
involves providing home and community-based services.

"Community-based
long-term care provider" means a provider as defined in section
173.39 of the Revised Code.

"Community-based
long-term care subcontractor" means a subcontractor as defined
in section 173.38 of the Revised Code.

"Criminal
records check" has the same meaning as in section 109.572 of the
Revised Code.

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

"Employee"
means a person employed by a waiver agency in a full-time, part-time,
or temporary position that involves providing home and
community-based services.

"Waiver
agency" means a person or government entity that provides home
and community-based services under a home and community-based
services medicaid waiver component administered by the department of
medicaid, other than such a person or government entity that is
certified under the medicare program. "Waiver agency" does
not mean an independent provider as defined in section 5164.341 of
the Revised Code.

(B)
This section does not apply to any individual who is subject to a
database review or criminal records check under section 3740.11 of
the Revised Code. If a waiver agency also is a community-based
long-term care provider or community-based long-term care
subcontractor, the waiver agency may provide for any of its
applicants and employees who are not subject to database reviews and
criminal records checks under section 173.38 of the Revised Code to
undergo database reviews and criminal records checks in accordance
with that section rather than this section.

(C)
No waiver agency shall employ an applicant or continue to employ an
employee in a position that involves providing home and
community-based services if any of the following apply:

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

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

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

(c)
That the applicant or employee is included in one or more of the
databases, if any, specified in rules authorized by this section and
the rules prohibit the waiver agency from employing an applicant or
continuing to employ an employee included in such a database in a
position that involves providing home and community-based services.

(2)
After the applicant or employee is given the information and
notification required by divisions (F)(2)(a) and (b) of this section,
the applicant or employee fails to do either of the following:

(a)
Access, complete, or forward to the superintendent of the bureau of
criminal identification and investigation the form prescribed to
division (C)(1) of section 109.572 of the Revised Code or the
standard impression sheet prescribed pursuant to division (C)(2) of
that section;

(b)
Instruct the superintendent to submit the completed report of the
criminal records check required by this section directly to the chief
administrator of the waiver agency.

(3)
Except as provided in rules authorized by this section, the applicant
or employee is found by a criminal records check required by this
section to have been convicted of or have pleaded guilty to a
disqualifying offense, regardless of the date of the conviction or
date of entry of the guilty plea.

(D)
At the time of each applicant's initial application for employment in
a position that involves providing home and community-based services,
the chief administrator of a waiver agency shall inform the applicant
of both of the following:

(1)
That a review of the databases listed in division (E) of this section
will be conducted to determine whether the waiver agency is
prohibited by division (C)(1) of this section from employing the
applicant in the position;

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

(E)
As a condition of employing any applicant in a position that involves
providing home and community-based services, the chief administrator
of a waiver agency shall conduct a database review of the applicant
in accordance with rules authorized by this section. If rules
authorized by this section so require, the chief administrator of a
waiver agency shall conduct a database review of an employee in
accordance with the rules as a condition of continuing to employ the
employee in a position that involves providing home and
community-based services. A database review shall determine whether
the applicant or employee is included in any of the following:

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

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

(3)
The registry of developmental disabilities employees established
under section 5123.52 of the Revised Code;

(4)
The internet-based sex offender and child-victim offender database
established under division
(A)(11)
(A)(10)

of section 2950.13 of the Revised Code;

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

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

(7)
Any other database, if any, specified in rules authorized by this
section.

(F)(1)
As a condition of employing any applicant in a position that involves
providing home and community-based services, the chief administrator
of a waiver agency shall require the applicant to request that the
superintendent of the bureau of criminal identification and
investigation conduct a criminal records check of the applicant. If
rules authorized by this section so require, the chief administrator
of a waiver agency shall require an employee to request that the
superintendent conduct a criminal records check of the employee at
times specified in the rules as a condition of continuing to employ
the employee in a position that involves providing home and
community-based services. However, a criminal records check is not
required for an applicant or employee if the waiver agency is
prohibited by division (C)(1) of this section from employing the
applicant or continuing to employ the employee in a position that
involves providing home and community-based services. If an applicant
or employee for whom a criminal records check request is required by
this section does not present proof of having been a resident of this
state for the five-year period immediately prior to the date the
criminal records check is requested or provide evidence that within
that five-year period the superintendent has requested information
about the applicant or employee from the federal bureau of
investigation in a criminal records check, the chief administrator
shall require the applicant or employee to request that the
superintendent obtain information from the federal bureau of
investigation as part of the criminal records check. Even if an
applicant or employee for whom a criminal records check request is
required by this section presents proof of having been a resident of
this state for the five-year period, the chief administrator may
require the applicant or employee to request that the superintendent
include information from the federal bureau of investigation in the
criminal records check.

(2)
The chief administrator shall provide the following to each applicant
and employee for whom a criminal records check is required by this
section:

(a)
Information about accessing, completing, and forwarding to the
superintendent of the bureau of criminal identification and
investigation the form prescribed pursuant to division (C)(1) of
section 109.572 of the Revised Code and the standard impression sheet
prescribed pursuant to division (C)(2) of that section;

(b)
Written notification that the applicant or employee is to instruct
the superintendent to submit the completed report of the criminal
records check directly to the chief administrator.

(3)
A waiver agency shall pay to the bureau of criminal identification
and investigation the fee prescribed pursuant to division (C)(3) of
section 109.572 of the Revised Code for any criminal records check
required by this section. However, a waiver agency may require an
applicant to pay to the bureau the fee for a criminal records check
of the applicant. If the waiver agency pays the fee for an applicant,
it may charge the applicant a fee not exceeding the amount the waiver
agency pays to the bureau under this section if the waiver agency
notifies the applicant at the time of initial application for
employment of the amount of the fee and that, unless the fee is paid,
the applicant will not be considered for employment.

(G)(1)
A waiver agency may employ conditionally an applicant for whom a
criminal records check is required by this section prior to obtaining
the results of the criminal records check if both of the following
apply:

(a)
The waiver agency is not prohibited by division (C)(1) of this
section from employing the applicant in a position that involves
providing home and community-based services.

(b)
The chief administrator of the waiver agency requires the applicant
to request a criminal records check regarding the applicant in
accordance with division (F)(1) of this section not later than five
business days after the applicant begins conditional employment.

(2)
A waiver agency that employs an applicant conditionally under
division (G)(1) of this section shall terminate the applicant's
employment if the results of the criminal records check, other than
the results of any request for information from the federal bureau of
investigation, are not obtained within the period ending sixty days
after the date the request for the criminal records check is made.
Regardless of when the results of the criminal records check are
obtained, if the results indicate that the applicant has been
convicted of or has pleaded guilty to a disqualifying offense, the
waiver agency shall terminate the applicant's employment unless
circumstances specified in rules authorized by this section exist
that permit the waiver agency to employ the applicant and the waiver
agency chooses to employ the applicant.

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

(1)
The applicant or employee who is the subject of the criminal records
check or the representative of the applicant or employee;

(2)
The chief administrator of the waiver agency that requires the
applicant or employee to request the criminal records check or the
administrator's representative;

(3)
The medicaid director and the staff of the department who are
involved in the administration of the medicaid program;

(4)
The director of aging or the director's designee if the waiver agency
also is a community-based long-term care provider or community-based
long-term care subcontractor;

(5)
An individual receiving or deciding whether to receive home and
community-based services from the subject of the criminal records
check;

(6)
A court, hearing officer, or other necessary individual involved in a
case or administrative hearing dealing with any of the following:

(a)
A denial of employment of the applicant or employee;

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

(c)
A civil or criminal action regarding the medicaid program;

(d)
A denial, suspension, or termination of a provider agreement.

With
respect to an administrative hearing dealing with a denial,
suspension, or termination of a provider agreement, the report of a
criminal records check may be introduced as evidence at the hearing
and if admitted, becomes part of the hearing record. Any such report
shall be admitted only under seal and shall maintain its status as
not a public record.

(I)
(I)(1)

The medicaid director
shall
adopt rules under section 5164.02 of the Revised Code to implement
this section.

(1)
The rules
may

adopt
rules that
do
the following:

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

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

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

(2)
The
rules

director

shall

adopt
rules that
specify
all of the following:

(a)
The procedures for conducting a database review under this section;

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

(c)
If the rules specify other databases to be checked as part of a
database review, the circumstances under which a waiver agency is
prohibited from employing an applicant or continuing to employ an
employee who is found by the database review to be included in one or
more of those databases;

(d)
The circumstances under which a waiver agency may employ an applicant
or employee who is found by a criminal records check required by this
section to have been convicted of or have pleaded guilty to a
disqualifying offense.

(J)
The amendments made by H.B. 487 of the 129th general assembly to this
section do not preclude the department of medicaid from taking action
against a person for failure to comply with former division (H) of
this section as that division existed on the day preceding January 1,
2013.

Sec.
5164.36.
(A)
As used in this section:

(1)
"Credible allegation of fraud" has the same meaning as in
42 C.F.R. 455.2, except that for purposes of this section any
reference in that regulation to the "state" or the "state
medicaid agency" means the department of medicaid.

(2)
"Disqualifying indictment" means an indictment of a
medicaid provider or its officer, authorized agent, associate,
manager, employee, or, if the provider is a noninstitutional
provider, its owner, if either of the following applies:

(a)
The indictment charges the person with committing an act to which
both of the following apply:

(i)
The act would be a felony or misdemeanor under the laws of this state
or the jurisdiction within which the act occurred.

(ii)
The act relates to or results from furnishing or billing for medicaid
services under the medicaid program or relates to or results from
performing management or administrative services relating to
furnishing medicaid services under the medicaid program.

(b)
The indictment charges the person with committing an act that would
constitute a disqualifying offense.

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

(4)
"Noninstitutional medicaid provider" means any person or
entity with a provider agreement other than a hospital, nursing
facility, or ICF/IID.

(5)
"Owner" means any person having at least five per cent
ownership in a noninstitutional medicaid provider.

(B)(1)
Except as provided in division (C) of this section and in rules
authorized by this section, the department of medicaid shall suspend
the provider agreement held by a medicaid provider on determining
either of the following:

(a)
There is a credible allegation of fraud against any of the following
for which an investigation is pending under the medicaid program:

(i)
The medicaid provider;

(ii)
The medicaid provider's owner, officer, authorized agent, associate,
manager, or employee.

(b)
A disqualifying indictment has been issued against any of the
following:

(i)
The medicaid provider;

(ii)
The medicaid provider's officer, authorized agent, associate,
manager, or employee;

(iii)
If the medicaid provider is a noninstitutional provider, its owner.

(2)
Subject to division (C) of this section, the department shall also
suspend all medicaid payments to a medicaid provider for services
rendered, regardless of the date that the services are rendered, when
the department suspends the provider's provider agreement under this
section.

(3)
The suspension of a provider agreement shall continue in effect until
the latest of the following occurs:

(a)
If the suspension is the result of a credible allegation of fraud,
the department or a prosecuting authority determines that there is
insufficient evidence of fraud by the medicaid provider;

(b)
Regardless of whether the suspension is the result of a credible
allegation of fraud or a disqualifying indictment, the proceedings in
any related criminal case are completed through dismissal of the
indictment or through sentencing after conviction or entry of a
guilty plea or through finding of not guilty or, if the department
commences a process to terminate the suspended provider agreement,
the termination process is concluded;

(c)
The medicaid provider pays in full all fines and debts due and owing
to the department or makes arrangements satisfactory to the
department to fulfill those obligations;

(d)
A civil action related to a credible allegation of fraud or
disqualifying indictment is not pending against the medicaid
provider.

(4)(a)
When a provider agreement is suspended under this section, none of
the following shall take, during the period of the suspension, any of
the actions specified in division (B)(4)(b) of this section:

(i)
The medicaid provider;

(ii)
If the suspension is the result of an action taken by an officer,
authorized agent, associate, manager, or employee of the medicaid
provider, that person;

(iii)
If the medicaid provider is a noninstitutional provider and the
suspension is the result of an action taken by the owner of the
provider, the owner.

(b)
The following are the actions that persons specified in division
(B)(4)(a) of this section cannot take during the suspension of a
provider agreement:

(i)
Own any other medicaid provider or risk contractor;

(ii)
Arrange, render, or order services on behalf of any other medicaid
provider or risk contractor;

(iii)
Arrange or order services for medicaid recipients or render services
to medicaid recipients;

(iv)
Receive direct payments under the medicaid program or indirect
payments of medicaid funds in the form of salary, shared fees,
contracts, kickbacks, or rebates from or through any other medicaid
provider or risk contractor.

(C)
The department shall not suspend a provider agreement or medicaid
payments under division (B) of this section if either of the
following is the case:

(1)
The medicaid provider or, if the provider is a noninstitutional
provider, the owner can demonstrate through the submission of written
evidence that the provider or owner did not directly or indirectly
sanction the action of its authorized agent, associate, manager, or
employee that resulted in the credible allegation of fraud or
disqualifying indictment.

(2)
The medicaid provider or, if the provider is a noninstitutional
provider, the owner can demonstrate that good cause exists not to
suspend the provider agreement or payments.

With
respect to the evidence described in division (C)(1) of this section,
the department shall grant, prior to suspension, the provider or
owner an opportunity to submit the written evidence to the
department.

With
respect to a demonstration of good cause described in division (C)(2)
of this section, the department shall specify in rules
adopted
under section 5164.02 of the Revised Code
what
constitutes good cause and the information, documents, or other
evidence that must be submitted to the department as part of the
demonstration.

(D)
After suspending a provider agreement under division (B) of this
section, the department shall send notice of the suspension to the
affected medicaid provider or, if the provider is a noninstitutional
provider, the owner in accordance with the following time frames:

(1)
Not later than five days after the suspension, unless a law
enforcement agency makes a written request to temporarily delay the
notice;

(2)
If a law enforcement agency makes a written request to temporarily
delay the notice, not later than thirty days after the suspension
occurs subject to the conditions specified in division (E) of this
section.

(E)
A written request for a temporary delay described in division (D)(2)
of this section may be renewed in writing by a law enforcement agency
not more than two times except that under no circumstances shall the
notice be issued more than ninety days after the suspension occurs.

(F)
The notice required by division (D) of this section shall do all of
the following:

(1)
State that payments are being suspended in accordance with this
section and 42 C.F.R. 455.23;

(2)
Set forth the general allegations related to the nature of the
conduct leading to the suspension, except that it is not necessary to
disclose any specific information concerning an ongoing
investigation;

(3)
State that the suspension continues to be in effect until the latest
of the circumstances specified in division (B)(3) of this section
occur;

(4)
Specify, if applicable, the type or types of medicaid claims or
business units of the medicaid provider that are affected by the
suspension;

(5)
Inform the medicaid provider or owner of the opportunity to submit to
the department, not later than thirty days after receiving the
notice, a request for reconsideration of the suspension in accordance
with division (G) of this section.

(G)(1)
Pursuant to the procedure specified in division (G)(2) of this
section, a medicaid provider subject to a suspension under this
section or, if the provider is a noninstitutional provider, the owner
may request a reconsideration of the suspension. The request shall be
made not later than thirty days after receipt of a notice required by
division (D) of this section. The reconsideration is not subject to
an adjudication hearing pursuant to Chapter 119. of the Revised Code.

(2)
In requesting a reconsideration, the medicaid provider or owner shall
submit written information and documents to the department. The
information and documents may pertain to either of the following
issues:

(a)
Whether the determination to suspend the provider agreement was based
on a mistake of fact, other than the validity of an indictment in a
related criminal case.

(b)
If there has been an indictment in a related criminal case, whether
the indictment is a disqualifying indictment.

(H)
The department shall review the information and documents submitted
in a request made under division (G) of this section for
reconsideration of a suspension. After the review, the suspension may
be affirmed, reversed, or modified, in whole or in part. The
department shall notify the affected provider or owner of the results
of the review.

(I)

Rules
adopted under section 5164.02 of the Revised Code
The
department
may

adopt
rules that
specify
circumstances under which the department would not suspend a provider
agreement pursuant to this section.

Sec.
5164.46.
(A)
As used in this section, "electronic claims submission process"
means any of the following:

(1)
Electronic interchange of data;

(2)
Direct entry of data through an internet-based mechanism implemented
by the department of medicaid;

(3)
Any other process for the electronic submission of claims that is
specified in rules adopted
under
section 5162.02 of the Revised Code
by
the medicaid director
.

(B)
Not later than January 1, 2013, and except as provided in division
(C) of this section, each medicaid provider shall do both of the
following:

(1)
Use only an electronic claims submission process to submit to the
department of medicaid claims for medicaid payment for medicaid
services provided to medicaid recipients;

(2)
Arrange to receive medicaid payment from the department by means of
electronic funds transfer.

(C)
Division (B) of this section does not apply to any of the following:

(1)
A nursing facility;

(2)
An ICF/IID;

(3)
A medicaid managed care organization;

(4)
Any other medicaid provider or type of medicaid provider designated
in rules adopted under section 5162.02 of the Revised Code.

(D)
The department shall not process a medicaid claim submitted on or
after January 1, 2013, unless the claim is submitted through an
electronic claims submission process in accordance with this section.

Sec.
5164.74.
The
medicaid director shall adopt rules
under
section 5164.02 of the Revised Code
governing
the calculation and payment of, and the allocation of payments for,
graduate medical education costs associated with medicaid services
rendered to medicaid recipients. Subject to section 5164.741 of the
Revised Code, the rules shall provide for payment of graduate medical
education costs associated with medicaid services rendered to
medicaid recipients, including recipients enrolled in a medicaid
managed care organization, that the department of medicaid determines
are allowable and reasonable.

Sec.
5164.741.
(A)
Except as provided in division (B) of this section, the department of
medicaid may deny medicaid payment to a hospital for direct graduate
medical education costs associated with the delivery of medicaid
services to any medicaid recipient if the hospital refuses without
good cause to contract with a medicaid managed care organization that
serves the area in which the hospital is located.

(B)
A hospital is not subject to division (A) of this section if all of
the following are the case:

(1)
The hospital is located in a county in which participants in the care
management system are required before January 1, 2006, to be enrolled
in a medicaid managed care organization that is a health insuring
corporation.

(2)
The hospital has entered into a contract before January 1, 2006, with
at least one health insuring corporation serving the participants
specified in division (B)(1) of this section.

(3)
The hospital remains under contract with at least one health insuring
corporation serving participants in the care management system who
are required to be enrolled in a health insuring corporation.

(C)
The medicaid director shall specify in
the

rules

adopted
under section 5164.02 of the Revised Code
what
constitutes good cause for a hospital to refuse to contract with a
medicaid managed care organization.

Sec.
5164.755.
The
medicaid director
,
in rules adopted under section 5164.02 of the Revised Code,

may establish and implement a supplemental drug rebate program under
which drug manufacturers may be required to provide the department of
medicaid a supplemental rebate as a condition of having the drug
manufacturers' drug products covered by the medicaid program without
prior approval. The department may receive a supplemental rebate
negotiated under the program for a drug dispensed to a medicaid
recipient pursuant to a prescription or a drug purchased by a
medicaid provider for administration to a medicaid recipient in the
provider's primary place of business.

If
the director establishes a supplemental drug rebate program, the
director shall consult with drug manufacturers regarding the
establishment and implementation of the program.

Sec.
5164.758.
The
medicaid director shall adopt rules
under
section 5164.02 of the Revised Code
to
implement a coordinated services program for medicaid recipients who
are found to have obtained prescribed drugs under the medicaid
program at a frequency or in an amount that is not medically
necessary. The program shall be implemented in a manner that is
consistent with the "Social Security Act," section
1915(a)(2), 42 U.S.C. 1396n(a)(2), and 42 C.F.R. 431.54(e).

Sec.
5164.76.
(A)

In
rules adopted under section 5164.02 of the Revised Code, the
The

medicaid
director shall
adopt
rules to
modify
the manner or establish a new manner in which the following are paid
under medicaid:

(1)
Community mental health service providers or facilities for providing
community mental health services covered by the medicaid program
pursuant to section 5164.15 of the Revised Code;

(2)
Providers of alcohol and drug addiction services for providing
alcohol and drug addiction services covered by the medicaid program.

(B)
The director's authority to modify the manner, or to establish a new
manner, for medicaid to pay for the services specified in division
(A) of this section is not limited by any rules adopted under section

former
division (A) of section
5119.22
or
former
section
5164.02
of the Revised Code that are in effect on June 26, 2003, and govern
the way medicaid pays for those services. This is the case regardless
of what state agency adopted the rules.

Sec.
5164.89.
The
department of medicaid may require county departments of job and
family services to provide case management of nonemergency
transportation services provided under the medicaid program. County
departments shall provide the case management if required by the
department

in accordance with rules adopted under section 5164.02 of the Revised
Code
.

The
department shall determine, for the purposes of claiming federal
financial participation, whether it will claim expenditures for
nonemergency transportation services as administrative or program
expenditures.

Sec.
5164.93.
(A)
The department of medicaid may establish a program under which it
provides incentive payments, as authorized by the "Social
Security Act," section 1903(a)(3)(F) and (t), 42 U.S.C.
1396b(a)(3)(F) and (t), to encourage the adoption and use of
electronic health record technology by medicaid providers who are
identified under that federal law as eligible professionals.

(B)
After the department has made a determination regarding the amount of
a medicaid provider's electronic health record incentive payment or
the denial of an incentive payment, the department shall notify the
provider. The provider may request that the department reconsider its
determination.

A
request for reconsideration shall be submitted in writing to the
department not later than fifteen days after the provider receives
notification of the determination. The request shall be accompanied
by written materials setting forth the basis for, and supporting, the
reconsideration request.

On
receipt of a timely request, the department shall reconsider the
determination. On the basis of the written materials accompanying the
request, the department may uphold, reverse, or modify its original
determination. The department shall mail to the provider by certified
mail a written notice of the reconsideration decision.

In
accordance with Chapter 2505. of the Revised Code, the medicaid
provider may appeal the reconsideration decision by filing a notice
of appeal with the court of common pleas of Franklin county. The
notice shall identify the decision being appealed and the specific
grounds for the appeal. The notice of appeal shall be filed not later
than fifteen days after the department mails its notice of the
reconsideration decision. A copy of the notice of appeal shall be
filed with the department not later than three days after the notice
is filed with the court.

(C)
The medicaid director may adopt rules
under
section 5162.02 of the Revised Code as necessary to implement this
section
to
establish a provider incentive program to encourage the adoption and
use of electronic health record technology
.
The rules, if any, shall be adopted in accordance with Chapter 119.
of the Revised Code.

Sec.
5164.95.
(A)
As used in this section, "telehealth service" means a
health care service delivered to a patient through the use of
interactive audio, video, or other telecommunications or electronic
technology from a site other than the site where the patient is
located.

(B)
The department of medicaid shall establish standards for medicaid
payments for health care services the department determines are
appropriate to be covered by the medicaid program when provided as
telehealth services. The standards shall be established in rules
adopted
under
section 5164.02 of the Revised Code
by
the medicaid director
.

In
accordance with section 5162.021 of the Revised Code, the medicaid
director shall adopt rules authorizing the directors of other state
agencies to adopt rules regarding the medicaid coverage of telehealth
services under programs administered by the other state agencies. Any
such rules adopted by the medicaid director or the directors of other
state agencies are not subject to the requirements of division (F) of
section 121.95 of the Revised Code.

(C)(1)
To the extent permitted under rules adopted
under
section 5164.02 of the Revised Code
by
the medicaid director
and
applicable federal law, the following practitioners are eligible to
provide telehealth services covered pursuant to this section:

(a)
A physician licensed under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(b)
A psychologist, independent school psychologist, or school
psychologist licensed under Chapter 4732. of the Revised Code;

(c)
A physician assistant licensed under Chapter 4730. of the Revised
Code;

(d)
A clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner licensed under Chapter 4723. of the Revised Code;

(e)
An independent social worker, independent marriage and family
therapist, or professional clinical counselor licensed under Chapter
4757. of the Revised Code;

(f)
An independent chemical dependency counselor licensed under Chapter
4758. of the Revised Code;

(g)
A supervised practitioner or supervised trainee;

(h)
An audiologist or speech-language pathologist licensed under Chapter
4753. of the Revised Code;

(i)
An audiology aide or speech-language pathology aide, as defined in
section 4753.072 of the Revised Code, or an individual holding a
conditional license under section 4753.071 of the Revised Code;

(j)
An occupational therapist or physical therapist licensed under
Chapter 4755. of the Revised Code;

(k)
An occupational therapy assistant or physical therapist assistant
licensed under Chapter 4755. of the Revised Code.

(l)
A dietitian licensed under Chapter 4759. of the Revised Code;

(m)
A chiropractor licensed under Chapter 4734. of the Revised Code;

(n)
A pharmacist licensed under Chapter 4729. of the Revised Code;

(o)
A genetic counselor licensed under Chapter 4778. of the Revised Code;

(p)
An optometrist licensed under Chapter 4725. of the Revised Code to
practice optometry;

(q)
A respiratory care professional licensed under Chapter 4761. of the
Revised Code;

(r)
A certified Ohio behavior analyst certified under Chapter 4783. of
the Revised Code;

(s)
A practitioner who provides services through a medicaid school
program;

(t)
Subject to section 5119.368 of the Revised Code, a practitioner
authorized to provide services and supports certified under section
5119.36 of the Revised Code through a community mental health
services provider or community addiction services provider;

(u)
A certified mental health assistant licensed under Chapter 4772. of
the Revised Code
;

(v)
Any other practitioner the medicaid director considers eligible to
provide telehealth services
.

(2)
In accordance with division (B) of this section and to the extent
permitted under rules adopted
under
section 5164.02 of the Revised Code
by
the medicaid director
and
applicable federal law, the following provider types are eligible to
submit claims for medicaid payments for providing telehealth
services:

(a)
Any practitioner described in division (C)(1) of this section, except
for those described in divisions (C)(1)(g), (i), and (k) of this
section;

(b)
A professional medical group;

(c)
A federally qualified health center or federally qualified health
center look-alike, as defined in section 3701.047 of the Revised
Code;

(d)
A rural health clinic;

(e)
An ambulatory health care clinic;

(f)
An outpatient hospital;

(g)
A medicaid school program;

(h)
Subject to section 5119.368 of the Revised Code, a community mental
health services provider or community addiction services provider
that offers services and supports certified under section 5119.36 of
the Revised Code
;

(i)
Any other provider type the medicaid director considers eligible to
submit the claims for payment
.

(D)(1)
When providing telehealth services under this section, a practitioner
shall comply with all requirements under state and federal law
regarding the protection of patient information. A practitioner shall
ensure that any username or password information and any electronic
communications between the practitioner and a patient are securely
transmitted and stored.

(2)
When providing telehealth services under this section, every
practitioner site shall have access to the medical records of the
patient at the time telehealth services are provided.

Sec.
5164.96.
(A)
As used in this section, "ground emergency medical
transportation service provider" means a public emergency
medical service organization as defined in section 4765.01 of the
Revised Code.

(B)(1)
The medicaid director shall submit a medicaid state plan amendment to
the United States centers for medicare and medicaid services seeking
authorization to establish and administer a supplemental payment
program to provide supplemental medicaid payments to eligible ground
emergency medical transportation service providers. If approved, the
medicaid director shall establish and administer the program.

(2)
To be eligible to receive payments under the supplemental payment
program, a ground emergency medical transportation service provider
must hold a valid medicaid provider agreement and provide emergency
medical transportation services to medicaid recipients.

(C)
The medicaid director shall adopt rules in accordance with Chapter
119. of the Revised Code to
implement
this section
establish
and administer a supplemental payment program for eligible ground
emergency medical transportation service providers
.

Sec.
5165.01.
As
used in this chapter:

(A)
"Affiliated operator" means an operator affiliated with
either of the following:

(1)
The exiting operator for whom the affiliated operator is to assume
liability for the entire amount of the exiting operator's debt under
the medicaid program or the portion of the debt that represents the
franchise permit fee the exiting operator owes;

(2)
The entering operator involved in the change of operator with the
exiting operator specified in division (A)(1) of this section.

(B)
"Allowable costs" are a nursing facility's costs that the
department of medicaid determines are reasonable. Fines paid under
sections 5165.60 to 5165.89 and section 5165.99 of the Revised Code
are not allowable costs.

(C)
"Ancillary and support costs" means all reasonable costs
incurred by a nursing facility other than direct care costs, tax
costs, or capital costs. "Ancillary and support costs"
includes, but is not limited to, costs of activities, social
services, pharmacy consultants, habilitation supervisors, qualified
intellectual disability professionals, program directors, medical and
habilitation records, program supplies, incontinence supplies, food,
enterals, dietary supplies and personnel, laundry, housekeeping,
security, administration, medical equipment, utilities, liability
insurance, bookkeeping, purchasing department, human resources,
communications, travel, dues, license fees, subscriptions, home
office costs not otherwise allocated, legal services, accounting
services, minor equipment, maintenance and repairs, help-wanted
advertising, informational advertising, start-up costs,
organizational expenses, other interest, property insurance, employee
training and staff development, employee benefits, payroll taxes, and
workers' compensation premiums or costs for self-insurance claims and
related costs as specified in rules adopted
under
section 5165.02 of the Revised Code
by
the medicaid director
,
for personnel listed in this division. "Ancillary and support
costs" also means the cost of equipment, including vehicles,
acquired by operating lease executed before December 1, 1992, if the
costs are reported as administrative and general costs on the nursing
facility's cost report for the cost reporting period ending December
31, 1992.

(D)
"Applicable calendar year" means the calendar year
immediately preceding the first of the state fiscal years for which a
rebasing is conducted.

(E)
For purposes of calculating a critical access nursing facility's
occupancy rate and utilization rate under this chapter, "as of
the last day of the calendar year" refers to the occupancy and
utilization rates during the calendar year identified in the cost
report filed under section 5165.10 of the Revised Code.

(F)(1)
"Capital costs" means the actual expense incurred by a
nursing facility for all of the following:

(a)
Depreciation and interest on any capital assets that cost five
hundred dollars or more per item, including the following:

(i)
Buildings;

(ii)
Building improvements;

(iii)
Except as provided in division (D) of this section, equipment;

(iv)
Transportation equipment.

(b)
Amortization and interest on land improvements and leasehold
improvements;

(c)
Amortization of financing costs;

(d)
Lease and rent of land, buildings, and equipment.

(2)
The costs of capital assets of less than five hundred dollars per
item may be considered capital costs in accordance with a provider's
practice.

(G)
"Capital lease" and "operating lease" shall be
construed in accordance with generally accepted accounting
principles.

(H)
"Case-mix score" means a measure determined under section
5165.192 of the Revised Code of the relative direct-care resources
needed to provide care and habilitation to a nursing facility
resident.

(I)
"Change of operator" includes circumstances in which an
entering operator becomes the operator of a nursing facility in the
place of the exiting operator.

(1)
Actions that constitute a change of operator include the following:

(a)
A change in an exiting operator's form of legal organization,
including the formation of a partnership or corporation from a sole
proprietorship;

(b)
A change in operational control of the nursing facility, regardless
of whether ownership of any or all of the real property or personal
property associated with the nursing facility is also transferred;

(c)
A lease of the nursing facility to the entering operator or
termination of the exiting operator's lease;

(d)
If the exiting operator is a partnership, dissolution of the
partnership, a merger of the partnership into another person that is
the survivor of the merger, or a consolidation of the partnership and
at least one other person to form a new person;

(e)
If the exiting operator is a limited liability company, dissolution
of the limited liability company, a merger of the limited liability
company into another person that is the survivor of the merger, or a
consolidation of the limited liability company and at least one other
person to form a new person.

(f)
If the operator is a corporation, dissolution of the corporation, a
merger of the corporation into another person that is the survivor of
the merger, or a consolidation of the corporation and at least one
other person to form a new person;

(g)
A contract for a person to assume operational control of a nursing
facility;

(h)
A change of fifty per cent or more in the ownership of the licensed
operator that results in a change of operational control;

(i)
Any pledge, assignment, or hypothecation of or lien or other
encumbrance on any of the legal or beneficial equity interests in the
operator or a person with operational control.

(2)
The following do not constitute a change of operator:

(a)
Actions necessary to create an employee stock ownership plan under
section 401(a) of the "Internal Revenue Code," 26 U.S.C.
401(a);

(b)
A change of ownership of real property or personal property
associated with a nursing facility;

(c)
If the operator is a corporation that has securities publicly traded
in a marketplace, a change of one or more members of the
corporation's governing body or transfer of ownership of one or more
shares of the corporation's stock, if the same corporation continues
to be the operator;

(d)
An initial public offering for which the securities and exchange
commission has declared the registration statement effective, and the
newly created public company remains the operator.

(J)
"Cost center" means the following:

(1)
Ancillary and support costs;

(2)
Capital costs;

(3)
Direct care costs;

(4)
Tax costs.

(K)
"Custom wheelchair" means a wheelchair to which both of the
following apply:

(1)
It has been measured, fitted, or adapted in consideration of either
of the following:

(a)
The body size or disability of the individual who is to use the
wheelchair;

(b)
The individual's period of need for, or intended use of, the
wheelchair.

(2)
It has customized features, modifications, or components, such as
adaptive seating and positioning systems, that the supplier who
assembled the wheelchair, or the manufacturer from which the
wheelchair was ordered, added or made in accordance with the
instructions of the physician of the individual who is to use the
wheelchair.

(L)(1)
"Date of licensure" means the following:

(a)
In the case of a nursing facility that was required by law to be
licensed as a nursing home under Chapter 3721. of the Revised Code
when it originally began to be operated as a nursing home, the date
the nursing facility was originally so licensed;

(b)
In the case of a nursing facility that was not required by law to be
licensed as a nursing home when it originally began to be operated as
a nursing home, the date it first began to be operated as a nursing
home, regardless of the date the nursing facility was first licensed
as a nursing home.

(2)
If, after a nursing facility's original date of licensure, more
nursing home beds are added to the nursing facility, the nursing
facility has a different date of licensure for the additional beds.
This does not apply, however, to additional beds when both of the
following apply:

(a)
The additional beds are located in a part of the nursing facility
that was constructed at the same time as the continuing beds already
located in that part of the nursing facility;

(b)
The part of the nursing facility in which the additional beds are
located was constructed as part of the nursing facility at a time
when the nursing facility was not required by law to be licensed as a
nursing home.

(3)
The definition of "date of licensure" in this section
applies in determinations of nursing facilities' medicaid payment
rates but does not apply in determinations of nursing facilities'
franchise permit fees.

(M)
"Desk-reviewed" means that a nursing facility's costs as
reported on a cost report submitted under section 5165.10 of the
Revised Code have been subjected to a desk review under section
5165.108 of the Revised Code and preliminarily determined to be
allowable costs.

(N)
"Direct care costs" means all of the following costs
incurred by a nursing facility:

(1)
Costs for registered nurses, licensed practical nurses, and nurse
aides employed by the nursing facility;

(2)
Costs for direct care staff, administrative nursing staff, medical
directors, respiratory therapists, and except as provided in division
(N)(8) of this section, other persons holding degrees qualifying them
to provide therapy;

(3)
Costs of purchased nursing services;

(4)
Costs of quality assurance;

(5)
Costs of training and staff development, employee benefits, payroll
taxes, and workers' compensation premiums or costs for self-insurance
claims and related costs as specified in rules adopted
under
section 5165.02 of the Revised Code
by
the medicaid director
,
for personnel listed in divisions (N)(1), (2), (4), and (8) of this
section;

(6)
Costs of consulting and management fees related to direct care;

(7)
Allocated direct care home office costs;

(8)
Costs of habilitation staff (other than habilitation supervisors),
medical supplies, emergency oxygen, over-the-counter pharmacy
products, physical therapists, physical therapy assistants,
occupational therapists, occupational therapy assistants, speech
therapists, audiologists, habilitation supplies, and universal
precautions supplies;

(9)
Costs of wheelchairs other than the following:

(a)
Custom wheelchairs;

(b)
Repairs to and replacements of custom wheelchairs and parts that are
made in accordance with the instructions of the physician of the
individual who uses the custom wheelchair.

(10)
Costs of other direct-care resources that are specified as direct
care costs in rules adopted under section 5165.02 of the Revised
Code.

(O)
"Dual eligible individual" has the same meaning as in
section 5160.01 of the Revised Code.

(P)
"Effective date of a change of operator" means the day the
entering operator becomes the operator of the nursing facility.

(Q)
"Effective date of a facility closure" means the last day
that the last of the residents of the nursing facility resides in the
nursing facility.

(R)
"Effective date of an involuntary termination" means the
date the department of medicaid terminates the operator's provider
agreement for the nursing facility.

(S)
"Effective date of a voluntary withdrawal of participation"
means the day the nursing facility ceases to accept new medicaid
residents other than the individuals who reside in the nursing
facility on the day before the effective date of the voluntary
withdrawal of participation.

(T)
"Entering operator" means the person or government entity
that will become the operator of a nursing facility when a change of
operator occurs or following an involuntary termination.

(U)
"Exiting operator" means any of the following:

(1)
An operator that will cease to be the operator of a nursing facility
on the effective date of a change of operator;

(2)
An operator that will cease to be the operator of a nursing facility
on the effective date of a facility closure;

(3)
An operator of a nursing facility that is undergoing or has undergone
a voluntary withdrawal of participation;

(4)
An operator of a nursing facility that is undergoing or has undergone
an involuntary termination.

(V)(1)
Subject to divisions (V)(2) and (3) of this section, "facility
closure" means either of the following:

(a)
Discontinuance of the use of the building, or part of the building,
that houses the facility as a nursing facility that results in the
relocation of all of the nursing facility's residents;

(b)
Conversion of the building, or part of the building, that houses a
nursing facility to a different use with any necessary license or
other approval needed for that use being obtained and one or more of
the nursing facility's residents remaining in the building, or part
of the building, to receive services under the new use.

(2)
A facility closure occurs regardless of any of the following:

(a)
The operator completely or partially replacing the nursing facility
by constructing a new nursing facility or transferring the nursing
facility's license to another nursing facility;

(b)
The nursing facility's residents relocating to another of the
operator's nursing facilities;

(c)
Any action the department of health takes regarding the nursing
facility's medicaid certification that may result in the transfer of
part of the nursing facility's survey findings to another of the
operator's nursing facilities;

(d)
Any action the department of health takes regarding the nursing
facility's license under Chapter 3721. of the Revised Code.

(3)
A facility closure does not occur if all of the nursing facility's
residents are relocated due to an emergency evacuation and one or
more of the residents return to a medicaid-certified bed in the
nursing facility not later than thirty days after the evacuation
occurs.

(W)
"Franchise permit fee" means the fee imposed by sections
5168.40 to 5168.56 of the Revised Code.

(X)
"Inpatient days" means both of the following:

(1)
All days during which a resident, regardless of payment source,
occupies a licensed bed in a nursing facility;

(2)
Fifty per cent of the days for which payment is made under section
5165.34 of the Revised Code.

(Y)
"Involuntary termination" means the department of
medicaid's termination of the operator's provider agreement for the
nursing facility when the termination is not taken at the operator's
request.

(Z)
"Low case-mix resident" means a medicaid recipient residing
in a nursing facility who, for purposes of calculating the nursing
facility's medicaid payment rate for direct care costs, is placed in
either of the two lowest case-mix groups, excluding any case-mix
group that is a default group used for residents with incomplete
assessment data.

(AA)
"Maintenance and repair expenses" means a nursing
facility's expenditures that are necessary and proper to maintain an
asset in a normally efficient working condition and that do not
extend the useful life of the asset two years or more. "Maintenance
and repair expenses" includes but is not limited to the costs of
ordinary repairs such as painting and wallpapering.

(BB)
"Medicaid-certified capacity" means the number of a nursing
facility's beds that are certified for participation in medicaid as
nursing facility beds.

(CC)
"Medicaid days" means both of the following:

(1)
All days during which a resident who is a medicaid recipient eligible
for nursing facility services occupies a bed in a nursing facility
that is included in the nursing facility's medicaid-certified
capacity;

(2)
Fifty per cent of the days for which payment is made under section
5165.34 of the Revised Code.

(DD)(1)
"New nursing facility" means a nursing facility for which
the provider obtains an initial provider agreement following medicaid
certification of the nursing facility by the director of health,
including such a nursing facility that replaces one or more nursing
facilities for which a provider previously held a provider agreement.

(2)
"New nursing facility" does not mean a nursing facility for
which the entering operator seeks a provider agreement pursuant to
section 5165.511 or 5165.512 or (pursuant to section 5165.515)
section 5165.07 of the Revised Code.

(EE)
"Nursing facility" has the same meaning as in the "Social
Security Act," section 1919(a), 42 U.S.C. 1396r(a).

(FF)
"Nursing facility services" has the same meaning as in the
"Social Security Act," section 1905(f), 42 U.S.C. 1396d(f).

(GG)
"Nursing home" has the same meaning as in section 3721.01
of the Revised Code.

(HH)
"Occupancy rate" means the percentage of licensed beds
that, regardless of payer source, are either of the following:

(1)
Reserved for use under section 5165.34 of the Revised Code;

(2)
Actually being used.

(II)
"Operational control" means having the ability to direct
the overall operations and cash flow of a nursing facility.
"Operational control" may be exercised by one person or
multiple persons acting together or by a government entity, and may
exist by means of any of the following:

(1)
The person, persons, or government entity directly operating the
nursing facility;

(2)
The person, persons, or government entity directly or indirectly
owning fifty per cent or more of the operator;

(3)
An agreement or other arrangement granting the person, persons, or
government entity operational control.

(JJ)
"Operator" means a person or government entity responsible
for the operational control of a nursing facility and that holds both
of the following:

(1)
The license to operate the nursing facility issued under section
3721.02 of the Revised Code, if a license is required by section
3721.05 of the Revised Code;

(2)
The medicaid provider agreement issued under section 5165.07 of the
Revised Code, if applicable.

(KK)(1)
"Owner" means any person or government entity that has at
least five per cent ownership or interest, either directly,
indirectly, or in any combination, in any of the following regarding
a nursing facility:

(a)
The land on which the nursing facility is located;

(b)
The structure in which the nursing facility is located;

(c)
Any mortgage, contract for deed, or other obligation secured in whole
or in part by the land or structure on or in which the nursing
facility is located;

(d)
Any lease or sublease of the land or structure on or in which the
nursing facility is located.

(2)
"Owner" does not mean a holder of a debenture or bond
related to the nursing facility and purchased at public issue or a
regulated lender that has made a loan related to the nursing facility
unless the holder or lender operates the nursing facility directly or
through a subsidiary.

(LL)
"Per diem" means a nursing facility's actual, allowable
costs in a given cost center in a cost reporting period, divided by
the nursing facility's inpatient days for that cost reporting period.

(MM)
"Person" has the same meaning as in section 1.59 of the
Revised Code.

(NN)
"Private room" means a nursing facility bedroom that meets
all of the following criteria:

(1)
It has four permanent, floor-to-ceiling walls and a full door.

(2)
It contains one licensed or certified bed that is occupied by one
individual.

(3)
It has access to a hallway without traversing another bedroom.

(4)
It has access to a toilet and sink shared by not more than one other
resident without traversing another bedroom.

(5)
It meets all applicable licensure or other standards pertaining to
furniture, fixtures, and temperature control.

(OO)
"Provider" means an operator with a provider agreement.

(PP)
"Provider agreement" means a provider agreement, as defined
in section 5164.01 of the Revised Code, that is between the
department of medicaid and the operator of a nursing facility for the
provision of nursing facility services under the medicaid program.

(QQ)
"Purchased nursing services" means services that are
provided in a nursing facility by registered nurses, licensed
practical nurses, or nurse aides who are not employees of the nursing
facility.

(RR)
"Reasonable" means that a cost is an actual cost that is
appropriate and helpful to develop and maintain the operation of
patient care facilities and activities, including normal standby
costs, and that does not exceed what a prudent buyer pays for a given
item or services. Reasonable costs may vary from provider to provider
and from time to time for the same provider.

(SS)
"Rebasing" means a redetermination of each of the following
using information from cost reports for an applicable calendar year
that is later than the applicable calendar year used for the previous
rebasing:

(1)
Each peer group's rate for ancillary and support costs as determined
pursuant to division (C) of section 5165.16 of the Revised Code;

(2)
Each peer group's rate for capital costs as determined pursuant to
division (C) of section 5165.17 of the Revised Code;

(3)
Each peer group's cost per case-mix unit as determined pursuant to
division (C) of section 5165.19 of the Revised Code;

(4)
Each nursing facility's rate for tax costs as determined pursuant to
section 5165.21 of the Revised Code.

(TT)
"Related party" means an individual or organization that,
to a significant extent, has common ownership with, is associated or
affiliated with, has control of, or is controlled by, the provider.

(1)
An individual who is a relative of an owner is a related party.

(2)
Common ownership exists when an individual or individuals possess
significant ownership or equity in both the provider and the other
organization. Significant ownership or equity exists when an
individual or individuals possess five per cent ownership or equity
in both the provider and a supplier. Significant ownership or equity
is presumed to exist when an individual or individuals possess ten
per cent ownership or equity in both the provider and another
organization from which the provider purchases or leases real
property.

(3)
Control exists when an individual or organization has the power,
directly or indirectly, to significantly influence or direct the
actions or policies of an organization.

(4)
An individual or organization that supplies goods or services to a
provider shall not be considered a related party if all of the
following conditions are met:

(a)
The supplier is a separate bona fide organization.

(b)
A substantial part of the supplier's business activity of the type
carried on with the provider is transacted with others than the
provider and there is an open, competitive market for the types of
goods or services the supplier furnishes.

(c)
The types of goods or services are commonly obtained by other nursing
facilities from outside organizations and are not a basic element of
patient care ordinarily furnished directly to patients by nursing
facilities.

(d)
The charge to the provider is in line with the charge for the goods
or services in the open market and no more than the charge made under
comparable circumstances to others by the supplier.

(UU)
"Relative of owner" means an individual who is related to
an owner of a nursing facility by one of the following relationships:

(1)
Spouse;

(2)
Natural parent, child, or sibling;

(3)
Adopted parent, child, or sibling;

(4)
Stepparent, stepchild, stepbrother, or stepsister;

(5)
Father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, or sister-in-law;

(6)
Grandparent or grandchild;

(7)
Foster caregiver, foster child, foster brother, or foster sister.

(VV)
"Residents' rights advocate" has the same meaning as in
section 3721.10 of the Revised Code.

(WW)
"Skilled nursing facility" has the same meaning as in the
"Social Security Act," section 1819(a), 42 U.S.C.
1395i-3(a).

(XX)
"State fiscal year" means the fiscal year of this state, as
specified in section 9.34 of the Revised Code.

(YY)
"Sponsor" has the same meaning as in section 3721.10 of the
Revised Code.

(ZZ)
"Surrender" has the same meaning as in section 5168.40 of
the Revised Code.

(AAA)
"Tax costs" means the costs of taxes imposed under Chapter
5751. of the Revised Code, real estate taxes, personal property
taxes, and corporate franchise taxes.

(BBB)
"Title XIX" means Title XIX of the "Social Security
Act," 42 U.S.C. 1396 et seq.

(CCC)
"Title XVIII" means Title XVIII of the "Social
Security Act," 42 U.S.C. 1395 et seq.

(DDD)
"Voluntary withdrawal of participation" means an operator's
voluntary election to terminate the participation of a nursing
facility in the medicaid program but to continue to provide service
of the type provided by a nursing facility.

Sec.
5165.04.
(A)
As used in this section, "representative" means a person
acting on behalf of an applicant for or recipient of medicaid. A
representative may be a family member, attorney, hospital social
worker, or any other person chosen to act on behalf of an applicant
or recipient.

(B)
The department of medicaid may require each applicant for or
recipient of medicaid who applies or intends to apply for admission
to a nursing facility or resides in a nursing facility to undergo an
assessment to determine whether the applicant or recipient needs the
level of care provided by a nursing facility. The assessment may be
performed concurrently with a long-term care consultation provided
under section 173.42 of the Revised Code.

To
the maximum extent possible, the assessment shall be based on
information from the resident assessment instrument specified in
rules authorized by section 5165.191 of the Revised Code. The
assessment shall also be based on criteria and procedures established
in rules authorized by division (F) of this section and information
provided by the person being assessed or the person's representative.

The
department of medicaid, or if the assessment is performed by an
agency under contract with the department pursuant to division (G) of
this section, the agency, shall, not later than the time the level of
care determination based on the assessment is required to be provided
under division (C) of this section, give written notice of its
conclusions and the basis for them to the person assessed and, if the
department or agency under contract with the department has been
informed that the person has a representative, to the representative.

(C)
The department or agency under contract with the department,
whichever performs the assessment, shall provide a level of care
determination based on the assessment as follows:

(1)
In the case of a person applying or intending to apply for admission
to a nursing facility while hospitalized, not later than one of the
following:

(a)
One working day after the person or the person's representative
submits the application or notifies the department of the person's
intention to apply and submits all information required for providing
the level of care determination, as specified in rules authorized by
division (F)(2) of this section;

(b)
A later date requested by the person or the person's representative.

(2)
In the case of a person applying or intending to apply for admission
to a nursing facility who is not hospitalized, not later than one of
the following:

(a)
Five calendar days after the person or the person's representative
submits the application or notifies the department of the person's
intention to apply and submits all information required for providing
the level of care determination, as specified in rules authorized by
division (F)(2) of this section;

(b)
A later date requested by the person or the person's representative.

(3)
In the case of a person who resides in a nursing facility, not later
than one of the following:

(a)
Five calendar days after the person or the person's representative
submits an application for medicaid and submits all information
required for providing the level of care determination, as specified
in rules authorized by division (F)(2) of this section;

(b)
A later date requested by the person or the person's representative.

(4)
In the case of an emergency, as specified in rules authorized by
division (F)(4) of this section, within the number of days specified
in the rules.

(D)
A person assessed under this section or the person's representative
may appeal the conclusions reached by the department or agency under
contract with the department on the basis of the assessment. The
appeal shall be made pursuant to section 5160.31 of the Revised Code.
The department or agency under contract with the department shall
provide to the person or the person's representative and the nursing
facility written notice of the person's right to request a state
hearing. The notice shall include an explanation of the procedure for
requesting a state hearing. If a state hearing is requested, the
state shall be represented in the hearing by the department or the
agency under contract with the department, whichever performed the
assessment.

(E)
A nursing facility that admits or retains a person determined
pursuant to an assessment required under this section not to need the
level of care provided by the nursing facility shall not be paid
under the medicaid program for the person's care.

(F)
The medicaid director shall adopt rules
under
section 5165.02 of the Revised Code to implement and administer this
section. The rules shall include
establishing

all
of the following:

(1)
Criteria and procedures to be used in determining whether admission
to a nursing facility or continued stay in a nursing facility is
appropriate for the person being assessed;

(2)
Information the person being assessed or the person's representative
must provide to the department or agency under contract with the
department for purposes of the assessment and providing a level of
care determination based on the assessment;

(3)
Circumstances under which a person is not required to be assessed;

(4)
Circumstances that constitute an emergency for purposes of division
(C)(4) of this section and the number of days within which a level of
care determination must be provided in the case of an emergency.

(G)
Pursuant to section 5162.35 of the Revised Code, the department of
medicaid may enter into contracts in the form of interagency
agreements with one or more other state agencies to perform the
assessments required under this section. The interagency agreements
shall specify the responsibilities of each agency in the performance
of the assessments.

Sec.
5165.082.
(A)
Except as provided in division (B) of this section, the operator of a
nursing facility that elects to have the nursing facility participate
in the medicaid program shall qualify all of the nursing facility's
medicaid-certified beds in the medicare program. The medicaid
director may adopt rules
under
section 5165.02 of the Revised Code
to
establish the time frame in which a nursing facility must comply with
this requirement.

(B)
The department of veterans services is not required to qualify all of
the medicaid-certified beds in a nursing facility the department
maintains and operates under section 5907.01 of the Revised Code in
the medicare program.

Sec.
5165.10.
(A)
Except as provided in division (C) of this section, each nursing
facility provider shall file with the department of medicaid an
annual cost report for each of the provider's nursing facilities that
participate in the medicaid program. The cost report for a year shall
cover the calendar year or the portion of the calendar year during
which the nursing facility participated in the medicaid program.
Except as provided in division (D) of this section, the cost report
is due not later than ninety days after the end of the calendar year,
or portion of the calendar year, that the cost report covers.

(B)
If a nursing facility undergoes a change of provider that the
department determines
,
in accordance with rules adopted under section 5165.02 of the Revised
Code,

is not an arm's length transaction, the new provider shall file the
nursing facility's cost report in accordance with division (A) of
this section and the cost report shall cover the portion of the
calendar year during which the new provider operated the nursing
facility and the portion of the calendar year during which the
previous provider operated the nursing facility.

(C)
The provider of a new nursing facility is not required to file a cost
report in accordance with division (A) of this section for the first
calendar year that the provider has a provider agreement for the
nursing facility if the initial provider agreement goes into effect
after the first day of October of that calendar year. The provider
shall file a cost report for the nursing facility in accordance with
division (A) of this section for the immediately following calendar
year.

(D)
The department may grant to a provider a fourteen-day extension to
file a cost report under this section if the provider provides the
department a written request for the extension and the department
determines that there is good cause for the extension.

Sec.
5165.105.
The
department of medicaid shall develop an addendum to the cost report
form that a nursing facility provider may use to set forth costs that
the provider believes the department may dispute. The department may
consider such costs in determining a nursing facility's medicaid
payment rate. If the department does not consider such costs in
determining a nursing facility's medicaid payment rate, the provider
may seek reconsideration of the determination in accordance with
section 5165.38 of the Revised Code. If the department subsequently
includes such costs in a nursing facility's medicaid payment rate,
the department shall pay the provider interest at a reasonable rate

established
in rules adopted under section 5165.02 of the Revised Code
for
the period that the rate excluded the costs.

Sec.
5165.109.
(A)
The department of medicaid may conduct an audit
,
as defined in rules adopted under section 5165.02 of the Revised
Code,

of any cost report filed under section 5165.10 or 5165.522 of the
Revised Code. The decision whether to conduct an audit and the scope
of the audit, which may be a desk or field audit, may be determined
based on prior performance of the provider, a risk analysis, or other
evidence that gives the department reason to believe that the
provider has reported costs improperly. A desk or field audit may be
performed annually, but is required whenever a provider does not pass
the risk analysis tolerance factors.

(B)
Audits shall be conducted by auditors under contract with the
department, auditors working for firms under contract with the
department, or auditors employed by the department.

The
department may establish a contract for the auditing of nursing
facilities by outside firms. Each contract entered into by bidding
shall be effective for one to two years.

(C)
The department shall notify a provider of the findings of an audit of
a cost report by issuing an audit report. The audit report shall
include notice of any fine imposed under section 5165.1010 of the
Revised Code. The department shall issue the audit report not later
than three years after the earlier of the following:

(1)
The date the cost report is filed;

(2)
The date a desk or field audit of the cost report or a cost report
for a subsequent cost reporting period is completed.

(D)
The department shall prepare a written summary of any audit
disallowance that is made after the effective date of the rate that
is based on the cost. Where the provider is pursuing judicial or
administrative remedies in good faith regarding the disallowance, the
department shall not withhold from the provider's current payments
any amounts the department claims to be due from the provider
pursuant to section 5165.41 of the Revised Code.

(E)(1)
If an audit is conducted by an auditor under contract with the
department, the audit shall be conducted in accordance with
procedures agreed upon between the department and the auditor.

(2)
If an audit is conducted by the department, the department shall
develop an audit plan or approach before the audit begins. The scope
of the audit may change during the course of the audit based on
observations and findings during the audit.

(3)
All of the following apply to each field audit conducted by an
auditor under contract with the department:

(a)
During the period of the auditor's contract, firm's contract, or
auditor's employment with the department, the auditor or firm does
not have and is not committed to acquire any direct or indirect
financial interest in the ownership, financing, or operation of
nursing facilities in this state.

(b)
The auditor does not audit any provider that has been a client of the
auditor or the auditor's firm.

(c)
The auditor is otherwise independent as determined by the standards
of independence included in the government auditing standards
produced by the United States government accountability office.

Sec.
5165.153.
(A)
The total per medicaid day payment rate determined under section
5165.15 of the Revised Code shall not be paid for nursing facility
services provided by a nursing facility, or discrete unit of a
nursing facility, designated by the department of medicaid as an
outlier nursing facility or unit. Instead, the provider of a
designated outlier nursing facility or unit shall be paid each state
fiscal year a total per medicaid day payment rate that the department
shall prospectively determine in accordance with a methodology
established in rules authorized by this section.

(B)
The department may designate a nursing facility, or discrete unit of
a nursing facility, as an outlier nursing facility or unit if the
nursing facility or unit serves residents who have either of the
following:

(1)
Diagnoses or special care needs that require direct care resources
that are not measured adequately by the resident assessment
instrument specified in rules authorized by section 5165.191 of the
Revised Code;

(2)
Diagnoses or special care needs specified in rules authorized by this
section as otherwise qualifying for consideration under this section.

(C)
Notwithstanding any other provision of this chapter (except section
5165.156 of the Revised Code), the costs incurred by a designated
outlier nursing facility or unit shall not be considered in
establishing medicaid payment rates for other nursing facilities or
units.

(D)
(D)(1)(a)

The medicaid director shall adopt rules
under
section 5165.02 of the Revised Code as necessary to implement this
section.

(1)(a)
The rules shall
that

do
both of the following:

(i)
Specify the criteria and procedures the department will apply when
designating a nursing facility, or discrete unit of a nursing
facility, as an outlier nursing facility or unit;

(ii)
Establish a methodology for prospectively determining the total per
medicaid day payment rate that will be paid each state fiscal year
for nursing facility services provided by a designated outlier
nursing facility or unit.

(b)
The rules authorized by division (D)(1)(a)(i) of this section
regarding the criteria for designating outlier nursing facilities and
units shall do both of the following:

(i)
Provide for consideration of whether all of the allowable costs of a
nursing facility, or discrete unit of a nursing facility, would be
paid by a rate determined under section 5165.15 of the Revised Code;

(ii)
Specify the minimum number of nursing facility beds that a nursing
facility, or discrete unit of a nursing facility, must have to be
designated an outlier nursing facility or unit, which may vary based
on the diagnoses or special care needs of the residents served by the
nursing facility or unit.

(c)
The rules authorized by division (D)(1)(a)(i) of this section
regarding the criteria for designating outlier nursing facilities and
units shall not limit the designation to nursing facilities, or
discrete units of nursing facilities, located in large cities.

(d)
The rules authorized by division (D)(1)(a)(ii) of this section
regarding the methodology for prospectively determining the rates of
designated outlier nursing facilities and units shall provide for the
methodology to consider the historical costs of providing nursing
facility services to the residents of designated outlier nursing
facilities and units.

(2)(a)
The rules may do both of the following:

(i)
Include for designation as an outlier nursing facility or unit, a
nursing facility, or discrete unit of a nursing facility, that serves
medically fragile pediatric residents; residents who are dependent on
ventilators; residents who have severe traumatic brain injury,
end-stage Alzheimer's disease, or end-stage acquired immunodeficiency
syndrome; or residents with other diagnoses or special care needs
specified in the rules;

(ii)
Require that a designated outlier nursing facility receive
authorization from the department before admitting or retaining a
resident.

(b)
If the director adopts rules authorized by division (D)(2)(a)(ii) of
this section regarding the authorization of a designated outlier
nursing facility or unit to admit or retain a resident, the rules
shall specify the criteria and procedures the department will apply
when granting that authorization.

Sec.
5165.154.
(A)
To the extent, if any, provided for in rules authorized by this
section, the total per medicaid day payment rate determined under
section 5165.15 of the Revised Code shall not be paid for nursing
facility services that a nursing facility not designated as an
outlier nursing facility or unit provides to a resident who meets the
criteria for admission to a designated outlier nursing facility or
unit, as specified in rules authorized by section 5165.153 of the
Revised Code. Instead, the provider of a nursing facility providing
nursing facility services to such a resident shall be paid each state
fiscal year a total per medicaid day payment rate that the department
of medicaid shall prospectively determine in accordance with a
methodology established in rules authorized by this section.

(B)
The medicaid director may adopt rules
under
section 5165.02 of the Revised Code to implement this section. The
rules may
that

require
that a nursing facility receive authorization from the department
before admitting or retaining a resident who meets the criteria for
admission to a designated outlier nursing facility or unit. If the
director adopts such rules, the rules shall specify the criteria and
procedures the department will apply when granting the authorization.

Sec.
5165.156.
The
medicaid director may establish a centers of excellence component of
the medicaid program. The purpose of the centers of excellence
component is to increase the efficiency and quality of nursing
facility services provided to medicaid recipients with complex
nursing facility service needs. The director may adopt rules
under
section 5165.02 of the Revised Code
governing
the component
,
including rules

that
establish

establishes

a
method of determining the medicaid payment rates for nursing
facilities providing nursing facility services to medicaid recipients
participating in the component. The rules may specify the extent to
which, if any, of the provisions of sections 5165.153 and 5165.154 of
the Revised Code are to apply to the centers of excellence component.
If such rules are adopted, the nursing facilities that provide
nursing facility services to medicaid recipients participating in the
centers of excellence component shall be paid for those services in
accordance with the method established in the rules instead of the
total per medicaid day payment rate determined under section 5165.15
of the Revised Code.

Sec.
5165.17.
(A)
The department of medicaid shall determine each nursing facility's
per medicaid day payment rate for capital costs. A nursing facility's
rate shall be the rate determined under division (C) of this section
for the nursing facility's peer group.

(B)
For the purpose of determining nursing facilities' rates for capital
costs, the department shall establish six peer groups.

(1)
Each nursing facility located in any of the following counties shall
be placed in peer group one or two: Brown, Butler, Clermont, Clinton,
Hamilton, and Warren. Each nursing facility located in any of those
counties that has fewer than one hundred beds shall be placed in peer
group one. Each nursing facility located in any of those counties
that has one hundred or more beds shall be placed in peer group two.

(2)
Each nursing facility located in any of the following counties shall
be placed in peer group three or four: Allen, Ashtabula, Champaign,
Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin,
Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, Lucas,
Madison, Mahoning, Marion, Medina, Miami, Montgomery, Morrow, Ottawa,
Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Stark, Summit,
Trumbull, Union, and Wood. Each nursing facility located in any of
those counties that has fewer than one hundred beds shall be placed
in peer group three. Each nursing facility located in any of those
counties that has one hundred or more beds shall be placed in peer
group four.

(3)
Each nursing facility located in any of the following counties shall
be placed in peer group five or six: Adams, Ashland, Athens,
Auglaize, Belmont, Carroll, Columbiana, Coshocton, Crawford,
Defiance, Erie, Gallia, Guernsey, Hardin, Harrison, Henry, Highland,
Hocking, Holmes, Huron, Jackson, Jefferson, Lawrence, Logan, Meigs,
Mercer, Monroe, Morgan, Muskingum, Noble, Paulding, Perry, Pike,
Putnam, Richland, Scioto, Shelby, Tuscarawas, Van Wert, Vinton,
Washington, Wayne, Williams, and Wyandot. Each nursing facility
located in any of those counties that has fewer than one hundred beds
shall be placed in peer group five. Each nursing facility located in
any of those counties that has one hundred or more beds shall be
placed in peer group six.

(C)(1)
The department shall determine the rate for capital costs for each
peer group established under division (B) of this section. The rate
for capital costs determined under this division for a peer group
shall be used for subsequent years until the department conducts a
rebasing. A peer group's rate for capital costs shall be the rate for
capital costs for the nursing facility in the peer group that is at
the twenty-fifth percentile of the rate for capital costs for the
applicable calendar year.

(2)
To identify the nursing facility in a peer group that is at the
twenty-fifth percentile of the rate for capital costs for the
applicable calendar year, the department shall do both of the
following:

(a)
Use the greater of each nursing facility's actual inpatient days for
the applicable calendar year or the inpatient days the nursing
facility would have had for the applicable calendar year if its
occupancy rate had been one hundred per cent;

(b)
Exclude both of the following:

(i)
Nursing facilities that participated in the medicaid program under
the same provider for less than twelve months in the applicable
calendar year;

(ii)
Nursing facilities whose capital costs are more than one standard
deviation from the mean desk-reviewed, actual, allowable, per diem
capital cost for all nursing facilities in the nursing facility's
peer group for the applicable calendar year.

(3)
The department shall not redetermine a peer group's rate for capital
costs under this division based on additional information that it
receives after the rate is determined. The department shall
redetermine a peer group's rate for capital costs only if the
department made an error in determining the rate based on information
available to the department at the time of the original
determination.

(D)
Buildings shall be depreciated using the straight line method over
forty years or over a different period approved by the department.
Components and equipment shall be depreciated using the straight-line
method over a period designated in rules adopted
under
section 5165.02 of the Revised Code
by
the medicaid director
,
consistent with the guidelines of the American hospital association,
or over a different period approved by the department. Any rules
authorized by this division that specify useful lives of buildings,
components, or equipment apply only to assets acquired on or after
July 1, 1993. Depreciation for costs paid or reimbursed by any
government agency shall not be included in capital costs unless that
part of the payment under this chapter is used to reimburse the
government agency.

(E)
The capital cost basis of nursing facility assets shall be determined
in the following manner:

(1)
Except as provided in division (E)(3) of this section, for purposes
of calculating the rates to be paid for facilities with dates of
licensure on or before June 30, 1993, the capital cost basis of each
asset shall be equal to the desk-reviewed, actual, allowable, capital
cost basis that is listed on the facility's cost report for the
calendar year preceding the state fiscal year during which the rate
will be paid.

(2)
For facilities with dates of licensure after June 30, 1993, the
capital cost basis shall be determined in accordance with the
principles of the medicare program, except as otherwise provided in
this chapter.

(3)
Except as provided in division (E)(4) of this section, if a provider
transfers an interest in a facility to another provider after June
30, 1993, there shall be no increase in the capital cost basis of the
asset if the providers are related parties or the provider to which
the interest is transferred authorizes the provider that transferred
the interest to continue to operate the facility under a lease,
management agreement, or other arrangement. If the previous sentence
does not prohibit the adjustment of the capital cost basis under this
division, the basis of the asset shall be adjusted by one-half of the
change in the consumer price index for all items for all urban
consumers, as published by the United States bureau of labor
statistics, during the time that the transferor held the asset.

(4)
If a provider transfers an interest in a facility to another provider
who is a related party, the capital cost basis of the asset shall be
adjusted as specified in division (E)(3) of this section if all of
the following conditions are met:

(a)
The related party is a relative of owner;

(b)
Except as provided in division (E)(4)(c)(ii) of this section, the
provider making the transfer retains no ownership interest in the
facility;

(c)
The department determines that the transfer is an arm's length
transaction pursuant to rules adopted
under
section 5165.02 of the Revised Code
by
the medicaid director
.
The rules shall provide that a transfer is an arm's length
transaction if all of the following apply:

(i)
Once the transfer goes into effect, the provider that made the
transfer has no direct or indirect interest in the provider that
acquires the facility or the facility itself, including interest as
an owner, officer, director, employee, independent contractor, or
consultant, but excluding interest as a creditor.

(ii)
The provider that made the transfer does not reacquire an interest in
the facility except through the exercise of a creditor's rights in
the event of a default. If the provider reacquires an interest in the
facility in this manner, the department shall treat the facility as
if the transfer never occurred when the department calculates its
reimbursement rates for capital costs.

(iii)
The transfer satisfies any other criteria specified in the rules.

(d)
Except in the case of hardship caused by a catastrophic event, as
determined by the department, or in the case of a provider making the
transfer who is at least sixty-five years of age, not less than
twenty years have elapsed since, for the same facility, the capital
cost basis was adjusted most recently under division (E)(4) of this
section or actual, allowable capital costs was determined most
recently under division (F)(9) of this section.

(F)
As used in this division:

"Imputed
interest" means the lesser of the prime rate plus two per cent
or ten per cent.

"Lease
expense" means lease payments in the case of an operating lease
and depreciation expense and interest expense in the case of a
capital lease.

"New
lease" means a lease, to a different lessee, of a nursing
facility that previously was operated under a lease.

(1)
Subject to division (A) of this section, for a lease of a facility
that was effective on May 27, 1992, the entire lease expense is an
actual, allowable capital cost during the term of the existing lease.
The entire lease expense also is an actual, allowable capital cost if
a lease in existence on May 27, 1992, is renewed under either of the
following circumstances:

(a)
The renewal is pursuant to a renewal option that was in existence on
May 27, 1992;

(b)
The renewal is for the same lease payment amount and between the same
parties as the lease in existence on May 27, 1992.

(2)
Subject to division (A) of this section, for a lease of a facility
that was in existence but not operated under a lease on May 27, 1992,
actual, allowable capital costs shall include the lesser of the
annual lease expense or the annual depreciation expense and imputed
interest expense that would be calculated at the inception of the
lease using the lessor's entire historical capital asset cost basis,
adjusted by one-half of the change in the consumer price index for
all items for all urban consumers, as published by the United States
bureau of labor statistics, during the time the lessor held each
asset until the beginning of the lease.

(3)
Subject to division (A) of this section, for a lease of a facility
with a date of licensure on or after May 27, 1992, that is initially
operated under a lease, actual, allowable capital costs shall include
the annual lease expense if there was a substantial commitment of
money for construction of the facility after December 22, 1992, and
before July 1, 1993. If there was not a substantial commitment of
money after December 22, 1992, and before July 1, 1993, actual,
allowable capital costs shall include the lesser of the annual lease
expense or the sum of the following:

(a)
The annual depreciation expense that would be calculated at the
inception of the lease using the lessor's entire historical capital
asset cost basis;

(b)
The greater of the lessor's actual annual amortization of financing
costs and interest expense at the inception of the lease or the
imputed interest expense calculated at the inception of the lease
using seventy per cent of the lessor's historical capital asset cost
basis.

(4)
Subject to division (A) of this section, for a lease of a facility
with a date of licensure on or after May 27, 1992, that was not
initially operated under a lease and has been in existence for ten
years, actual, allowable capital costs shall include the lesser of
the annual lease expense or the annual depreciation expense and
imputed interest expense that would be calculated at the inception of
the lease using the entire historical capital asset cost basis of
one-half of the change in the consumer price index for all items for
all urban consumers, as published by the United States bureau of
labor statistics, during the time the lessor held each asset until
the beginning of the lease.

(5)
Subject to division (A) of this section, for a new lease of a
facility that was operated under a lease on May 27, 1992, actual,
allowable capital costs shall include the lesser of the annual new
lease expense or the annual old lease payment. If the old lease was
in effect for ten years or longer, the old lease payment from the
beginning of the old lease shall be adjusted by one-half of the
change in the consumer price index for all items for all urban
consumers, as published by the United States bureau of labor
statistics, from the beginning of the old lease to the beginning of
the new lease.

(6)
Subject to division (A) of this section, for a new lease of a
facility that was not in existence or that was in existence but not
operated under a lease on May 27, 1992, actual, allowable capital
costs shall include the lesser of annual new lease expense or the
annual amount calculated for the old lease under division (F)(2),
(3), (4), or (6) of this section, as applicable. If the old lease was
in effect for ten years or longer, the lessor's historical capital
asset cost basis shall be, for purposes of calculating the annual
amount under division (F)(2), (3), (4), or (6) of this section,
adjusted by one-half of the change in the consumer price index for
all items for all urban consumers, as published by the United States
bureau of labor statistics, from the beginning of the old lease to
the beginning of the new lease.

In
the case of a lease under division (F)(3) of this section of a
facility for which a substantial commitment of money was made after
December 22, 1992, and before July 1, 1993, the old lease payment
shall be adjusted for the purpose of determining the annual amount.

(7)
For any revision of a lease described in division (F)(1), (2), (3),
(4), (5), or (6) of this section, or for any subsequent lease of a
facility operated under such a lease, other than execution of a new
lease, the portion of actual, allowable capital costs attributable to
the lease shall be the same as before the revision or subsequent
lease.

(8)
Except as provided in division (F)(9) of this section, if a provider
leases an interest in a facility to another provider who is a related
party or previously operated the facility, the related party's or
previous operator's actual, allowable capital costs shall include the
lesser of the annual lease expense or the reasonable cost to the
lessor.

(9)
If a provider leases an interest in a facility to another provider
who is a related party, regardless of the date of the lease, the
related party's actual, allowable capital costs shall include the
annual lease expense, subject to the limitations specified in
divisions (F)(1) to (7) of this section, if all of the following
conditions are met:

(a)
The related party is a relative of owner;

(b)
If the lessor retains an ownership interest, it is, except as
provided in division (F)(9)(c)(ii) of this section, in only the real
property and any improvements on the real property;

(c)
The department determines that the lease is an arm's length
transaction pursuant to rules adopted
under
section 5165.02 of the Revised Code
by
the medicaid director
.
The rules shall provide that a lease is an arm's length transaction
if all of the following apply:

(i)
Once the lease goes into effect, the lessor has no direct or indirect
interest in the lessee or, except as provided in division (F)(9)(b)
of this section, the facility itself, including interest as an owner,
officer, director, employee, independent contractor, or consultant,
but excluding interest as a lessor.

(ii)
The lessor does not reacquire an interest in the facility except
through the exercise of a lessor's rights in the event of a default.
If the lessor reacquires an interest in the facility in this manner,
the department shall treat the facility as if the lease never
occurred when the department calculates its reimbursement rates for
capital costs.

(iii)
The lease satisfies any other criteria specified in the rules.

(d)
Except in the case of hardship caused by a catastrophic event, as
determined by the department, or in the case of a lessor who is at
least sixty-five years of age, not less than twenty years have
elapsed since, for the same facility, the capital cost basis was
adjusted most recently under division (E)(4) of this section or
actual, allowable capital costs were determined most recently under
division (F)(9) of this section.

(10)
This division does not apply to leases of specific items of
equipment.

Sec.
5165.191.
Each
calendar quarter, each nursing facility provider shall compile
complete assessment data for each resident of each of the provider's
nursing facilities, regardless of payment source, who is in the
nursing facility, or on hospital or therapeutic leave from the
nursing facility, on the last day of the quarter. A resident
assessment instrument specified in rules authorized by this section
shall be used to compile the resident assessment data. Each provider
shall submit the resident assessment data to the department of health
and, if required by the rules, the department of medicaid. The
resident assessment data shall be submitted not later than fifteen
days after the end of the calendar quarter for which the data is
compiled. If the resident assessment data is to be submitted to the
department of medicaid, it shall be submitted to the department
through the medium or media specified in the rules.

Rules
adopted under section 5165.02 of the Revised Code
The
medicaid director
shall

adopt
rules that
do
all of the following:

(A)
In a manner consistent with the "Social Security Act,"
section 1919(e)(5), 42 U.S.C. 1396r(e)(5), specify a resident
assessment instrument to be used by nursing facility providers under
this section;

(B)
Specify whether nursing facility providers must submit the resident
assessment data to the department of medicaid;

(C)
Specify any resident assessment data that is excluded from the case
mix calculation made under section 5165.192 of the Revised Code;

(D)
If the rules specify that nursing facility providers must submit the
resident assessment data to the department, specify the medium or
media through which the data is to be submitted.

Sec.
5165.192.
(A)(1)
Except as provided in division (B) of this section and in accordance
with the process specified in rules authorized by this section, the
department of medicaid shall do all of the following:

(a)
Every quarter, determine the following two case-mix scores for each
nursing facility:

(i)
A quarterly case-mix score that includes each resident who is a
medicaid recipient and is not a low case-mix resident;

(ii)
A quarterly case-mix score that includes each resident regardless of
payment source.

(b)
Every six months, determine a semiannual average case-mix score for
each nursing facility by using the quarterly case-mix scores
determined for the nursing facility pursuant to division (A)(1)(a)(i)
of this section;

(c)
After the end of each calendar year, determine an annual average
case-mix score for each nursing facility by using the quarterly
case-mix scores determined for the nursing facility pursuant to
division (A)(1)(a)(ii) of this section.

(2)
When determining case-mix scores under division (A)(1) of this
section, the department shall use all of the following:

(a)
Data from a resident assessment instrument specified in rules
authorized by section 5165.191 of the Revised Code;

(b)
Except as provided in rules authorized by this section, the case-mix
values established by the United States department of health and
human services;

(c)
Except as modified in rules authorized by this section, the grouper
methodology used on October 1, 2019, for the patient driven payment
model nursing index, by the United States department of health and
human services for prospective payment of skilled nursing facilities
under the medicare program.

(B)(1)
Subject to division (B)(2) of this section, the department, for one
or more months of a calendar quarter, may assign to a nursing
facility a case-mix score that is five per cent less than the nursing
facility's case-mix score for the immediately preceding calendar
quarter if any of the following apply:

(a)
The provider does not timely submit complete and accurate resident
assessment data necessary to determine the nursing facility's
case-mix score for the calendar quarter;

(b)
The nursing facility was subject to an exception review under section
5165.193 of the Revised Code for the immediately preceding calendar
quarter;

(c)
The nursing facility was assigned a case-mix score for the
immediately preceding calendar quarter.

(2)
Before assigning a case-mix score to a nursing facility due to the
submission of incorrect resident assessment data, the department
shall permit the provider to correct the data. The department may
assign the case-mix score if the provider fails to submit the
corrected resident assessment data not later than the earlier of the
forty-fifth day after the end of the calendar quarter to which the
data pertains or the deadline for submission of such corrections
established by regulations adopted by the United States department of
health and human services under Title XVIII and Title XIX.

(3)
If, for more than six months in a calendar year, a provider is paid a
rate determined for a nursing facility using a case-mix score
assigned to the nursing facility under division (B)(1) of this
section, the department may assign the nursing facility a cost per
case-mix unit that is five per cent less than the nursing facility's
actual or assigned cost per case-mix unit for the immediately
preceding calendar year. The department may use the assigned cost per
case-mix unit, instead of determining the nursing facility's actual
cost per case-mix unit in accordance with section 5165.19 of the
Revised Code, to establish the nursing facility's rate for direct
care costs for the fiscal year immediately following the calendar
year for which the cost per case-mix unit is assigned.

(4)
The department shall take action under division (B)(1), (2), or (3)
of this section only in accordance with rules authorized by this
section. The department shall not take an action that affects rates
for prior payment periods except in accordance with sections 5165.41
and 5165.42 of the Revised Code.

(C)
(C)(1)

The medicaid director shall adopt rules
under
section 5165.02 of the Revised Code as necessary to implement this
section.

(1)
The rules shall
that

do
all of the following:

(a)
Specify the process for determining the semiannual and annual average
case-mix scores for nursing facilities;

(b)
Modify the grouper methodology specified in division (A)(2)(c) of
this section as follows:

(i)
Incorporate the grouper methodology for the patient driven payment
model nursing index used by the United States department of health
and human services on October 1, 2019, for prospective payment of
skilled nursing facilities under the medicare program;

(ii)
Make other changes the department determines are necessary.

(c)
Establish procedures under which resident assessment data shall be
reviewed for accuracy and providers shall be notified of any data
that requires correction;

(d)
Establish procedures for providers to correct resident assessment
data and specify a reasonable period of time by which providers shall
submit the corrections. The procedures may limit the content of
corrections in the manner required by regulations adopted by the
United States department of health and human services under Title
XVIII and Title XIX.

(e)
Specify when and how the department will assign case-mix scores or
costs per case-mix unit to a nursing facility under division (B) of
this section if information necessary to calculate the nursing
facility's case-mix score is not provided or corrected in accordance
with the procedures established by the rules.

(2)
Notwithstanding any other provision of this chapter, the rules may
provide for the exclusion of case-mix scores assigned to a nursing
facility under division (B) of this section from the determination of
the nursing facility's semiannual or annual average case-mix score
and the cost per case-mix unit for the nursing facility's peer group.

Sec.
5165.193.
(A)
The department of medicaid may, pursuant to rules authorized by this
section, conduct an exception review of resident assessment data
submitted by a nursing facility provider under section 5165.191 of
the Revised Code. The department may conduct an exception review
based on the findings of a medicaid certification survey conducted by
the department of health, a risk analysis, or prior performance of
the provider.

Exception
reviews shall be conducted by appropriate health professionals under
contract with or employed by the department. The professionals may
review resident assessment forms and supporting documentation,
conduct interviews, and observe residents to identify any patterns or
trends of inaccurate resident assessments and resulting inaccurate
case-mix scores.

(B)
If an exception review is conducted before the effective date of a
nursing facility's rate for direct care costs that is based on the
resident assessment data being reviewed and the review results in
findings that exceed tolerance levels specified in the rules
authorized by this section, the department, in accordance with those
rules, may use the findings to redetermine individual resident
case-mix scores, the nursing facility's case-mix score for the
quarter, and the nursing facility's annual average case-mix score.
The department may use the nursing facility's redetermined quarterly
and annual average case-mix scores to determine the nursing
facility's rate for direct care costs for the appropriate calendar
quarter or quarters.

(C)
The department shall prepare a written summary of any exception
review finding that is made after the effective date of a nursing
facility's rate for direct care costs that is based on the resident
assessment data that was reviewed. Where the provider is pursuing
judicial or administrative remedies in good faith regarding the
finding, the department shall not withhold from the provider's
current payments any amounts the department claims to be due from the
provider pursuant to section 5165.41 of the Revised Code.

(D)(1)
The medicaid director shall adopt rules
under
section 5165.02 of the Revised Code as necessary to implement this
section. The rules shall
to

establish
an exception review program that does all of the following:

(a)
Requires each exception review to comply with Title XVIII and Title
XIX;

(b)
Requires a written summary for each exception review that states
whether resident assessment forms have been completed accurately;

(c)
Prohibits each health professional who conducts an exception review
from doing either of the following:

(i)
During the period of the professional's contract or employment with
the department, having or being committed to acquire any direct or
indirect financial interest in the ownership, financing, or operation
of nursing facilities in this state;

(ii)
Reviewing any provider that has been a client of the professional.

(2)
For the purposes of division (D)(1)(c)(i) of this section, employment
of a member of a health professional's family by a nursing facility
that the professional does not review does not constitute a direct or
indirect financial interest in the ownership, financing, or operation
of the nursing facility.

Sec.
5165.38.
The
medicaid director shall adopt rules
under
section 5165.02 of the Revised Code
that
establish a process under which a nursing facility provider, or a
group or association of nursing facility providers, may seek
reconsideration of medicaid payment rates established under this
chapter, including a rate for direct care costs recalculated before
the effective date of the rate as a result of an exception review of
resident assessment data conducted under section 5165.193 of the
Revised Code. The only issue that a provider, group, or association
may raise in the rate reconsideration shall be whether the rate was
calculated in accordance with this chapter and the rules adopted
under
section
5165.02 of the Revised Code
it
.
The provider, group, or association may submit written arguments or
other materials that support its position. The provider, group, or
association and department of medicaid shall take actions regarding
the rate reconsideration within time frames specified in rules
authorized by this section.

If
the department determines, as a result of the rate reconsideration,
that the rate determined for one or more nursing facilities is less
than the rate to which the nursing facility is entitled, the
department shall increase the rate. If the department has paid the
incorrect rate for a period of time, the department shall pay the
provider the difference between the amount the provider was paid for
that period for the nursing facility and the amount the provider
should have been paid for the nursing facility.

Sec.
5165.48.
The
provider of a nursing facility is not required to submit a claim to
the department of medicaid regarding the medicare cost-sharing
expenses of a resident of the nursing facility who, under federal
law, is eligible to have the medicaid program pay for a part of the
cost-sharing expenses if the provider determines that
,
under rules adopted under section 5165.02 of the Revised Code,

the nursing facility would not receive a medicaid payment for any
part of the medicare cost-sharing expenses. In such a situation, a
claim for the medicare cost-sharing expenses shall be considered to
have been adjudicated at no payment.

Sec.
5165.516.
The
medicaid director may adopt rules
under
section 5165.02 of the Revised Code
governing
adjustments to the medicaid payment rate for a nursing facility that
undergoes a change of operator. No rate adjustment resulting from a
change of operator shall be effective before the effective date of
the entering operator's provider agreement. This is the case
regardless of whether the provider agreement is entered into under
section 5165.511, section 5165.512, or, pursuant to section 5165.515,
section 5165.07 of the Revised Code.

Sec.
5165.53.
The
medicaid director shall adopt rules
under
section 5165.02 of the Revised Code to implement sections 5165.50 to
5165.53 of the Revised Code, including rules
applicable
to an exiting operator that provides written notification under
section 5165.50 of the Revised Code of a voluntary withdrawal of
participation. Rules adopted under this section shall comply with the
"Social Security Act," section 1919(c)(2)(F), 42 U.S.C.
1396r(c)(2)(F), regarding restrictions on transfers or discharges of
nursing facility residents in the case of a voluntary withdrawal of
participation. The rules may prescribe a medicaid payment methodology
and other procedures that are applicable after the effective date of
a voluntary withdrawal of participation that differ from the payment
methodology and other procedures that would otherwise apply. The
rules shall specify all of the following:

(A)
The method by which written notices to the department required by
sections 5165.50 to 5165.53 of the Revised Code are to be provided;

(B)
The forms and documents that are to be provided to the department of
medicaid under sections 5165.511 and 5165.512 of the Revised Code,
which shall include, in the case of such forms and documents provided
by entering operators, all the fully executed leases, management
agreements, merger agreements and supporting documents, and fully
executed sales contracts and any other supporting documents
culminating in the change of operator;

(C)
The method by which the forms and documents identified in division
(B) of this section are to be provided to the department.

Sec.
5165.61.
The
medicaid director may adopt rules
under
section 5165.02 of the Revised Code
that
are consistent with regulations, guidelines, and procedures issued by
the United States secretary of health and human services under the
"Social Security Act," sections 1819 and 1919, 42 U.S.C.
1395i-3 and 1396r, and necessary for administration and enforcement
of sections 5165.60 to 5165.89 of the Revised Code. If the secretary
does not issue appropriate regulations for enforcement of those
sections of the "Social Security Act" on or before December
13, 1990, the medicaid director may adopt
,
under section 5165.02 of the Revised Code,

rules that are consistent with those sections and with sections
5165.60 to 5165.89 of the Revised Code.

Sec.
5165.62.
The
department of medicaid is hereby authorized to enforce sections
5165.60 to 5165.89 of the Revised Code. The department may enforce
the sections directly or through contracting agencies. The department
and agencies shall enforce the sections in accordance with the
requirements of the "Social Security Act," sections 1819
and 1919, 42 U.S.C. 1395i-3 and 1396r, that apply to nursing
facilities
;

and

with regulations, guidelines, and procedures adopted by the United
States secretary of health and human services for the enforcement of
those sections of the "Social Security
Act";
and with the rules authorized by section 5165.61 of the Revised
Code.
Act."

The department and agencies shall enforce sections 5165.60 to 5165.89
of the Revised Code for purposes of the medicare program only to the
extent prescribed by the regulations, guidelines, and procedures
issued by the secretary under the "Social Security Act,"
section 1819, 42 U.S.C. 1395i-3.

Sec.
5165.64.
(A)
The department of health shall conduct a survey, titled a standard
survey, of every nursing facility in this state on a statewide
average of not more than once every twelve months. Each nursing
facility shall undergo a standard survey at least once every fifteen
months as a condition of meeting certification requirements. The
department may extend a standard survey; such a survey is titled an
extended survey.

(B)
The department may conduct surveys in addition to standard surveys
when it considers them necessary.

(C)
The department shall conduct surveys in accordance with the
regulations, guidelines, and procedures issued by the United States
secretary of health and human services under Title XVIII and Title
XIX
,

and

sections 5165.65 to 5165.68 of the Revised Code
,
and rules adopted under section 3721.022 of the Revised Code
.

Sec.
5165.771.
(A)
As used in this section:

(1)
"Special focus facility program" means the program
conducted by the United States secretary of health and human services
pursuant to the "Social Security Act," section 1919(f)(10),
42 U.S.C. 1396r(f)(10).

(2)
"Standard health surveys" mean the comprehensive on-site
inspections conducted by the department of health on behalf of the
United States centers for medicare and medicaid services every six
months to evaluate the safety and quality of care provided by a
nursing facility as required under the special focus facility
program.

(B)
The department of medicaid shall issue an order terminating a nursing
facility's participation in the medicaid program if either of the
following apply:

(1)
The nursing facility fails to graduate from the special focus
facility program after two standard health surveys while in the
program.

(2)
The nursing facility is terminated from participation in the medicare
or medicaid program by the United States centers for medicare and
medicaid services or voluntarily chooses not to continue
participation in either of those programs.

(C)
Except as provided
in

division
(C)(1) or (2) of this section, a nursing facility may appeal, under
Chapter 119. of the Revised Code, a termination order issued by the
department under division (B) of this section.

(1)
A nursing facility shall not appeal to the department of medicaid any
standard health survey findings that form the basis, in whole or in
part, for an order issued pursuant to division (B) of this section
terminating a nursing facility's participation in the medicaid
program. Any challenges to standard health survey findings shall be
made to the department of health.

(2)
A nursing facility shall not appeal to the department of medicaid a
determination by the United States centers for medicare and medicaid
services to terminate a nursing facility's participation in the
medicare or medicaid program. Any challenge to such a determination
shall be made to the centers for medicare and medicaid services.

(3)
The medicaid director shall adopt rules
under
section 5165.02 of the Revised Code as necessary
to
provide for an appeal under this division. Notwithstanding the
timeframes listed in section 119.07 of the Revised Code, the rules
may provide for an expedited appeal under this division.

(D)
A nursing facility shall take all steps necessary to improve its
quality of care to avoid having its participation in the medicaid
program terminated pursuant to division (B) of this section.
Technical assistance and quality improvement initiatives to help a
nursing facility avoid having its participation in the medicaid
program terminated pursuant to division (B) of this section are
available through the nursing home quality initiative established
under section 173.60 of the Revised Code or initiatives offered
through a quality improvement organization under contract with the
United States secretary of health and human services to carry out in
this state the functions described in section 1154 of the "Social
Security Act," 42 U.S.C. 1320c-3.

Sec.
5165.78.
(A)
If the department of medicaid determines that a nursing facility is
experiencing or is likely to experience a serious financial loss or
failure that jeopardizes or is likely to jeopardize the health,
safety, and welfare of its residents, the department, subject to the
provider's consent, may appoint a temporary resident safety assurance
manager in the nursing facility to take actions the department
determines are appropriate to ensure the health, safety, and welfare
of the residents.

(B)
A temporary resident safety assurance manager appointed under this
section is vested with the authority necessary to take actions the
department of medicaid determines are appropriate to ensure the
health, safety, and welfare of the residents.

(C)
A temporary resident safety assurance manager appointed under this
section may use any of the following funds to pay for costs the
manager incurs on behalf of the nursing facility:

(1)
Medicaid payments made in accordance with the provider agreement for
the nursing facility;

(2)
Funds from the residents protection fund that the department provides
the manager under section 5162.66 of the Revised Code;

(3)
Other funds the department determines are appropriate if such use of
the funds is consistent with the appropriations that authorize the
use of the funds and all other state and federal laws governing the
use of the funds.

(D)
The provider is liable to the department for the amount of any
payments the department makes to the temporary resident safety
assurance manager, other than payments specified in division (C)(1)
of this section. The department may recover the amount the provider
owes the department by doing any of the following:

(1)
Offsetting medicaid payments made to the provider in accordance with
the provider agreement;

(2)
Placing a lien on any of the provider's real and personal property;

(3)
Initiating other collection actions.

(E)
No action the department takes under this section is subject to
appeal under Chapter 119. of the Revised Code.

(F)

In
rules authorized by section 5165.61 of the Revised Code, the
The

medicaid
director may establish all of the following

in rules adopted in accordance with Chapter 119. of the Revised Code
:

(1)
Qualifications persons must meet to be appointed temporary resident
safety assurance managers under this section;

(2)
Procedures for maintaining a list of qualified temporary resident
safety assurance managers;

(3)
Procedures consistent with federal law for paying for the services of
temporary resident safety assurance managers;

(4)
Accounting and reporting requirements for temporary resident safety
assurance managers
;

(5)
Other procedures and requirements the director determines are
necessary to implement this section
.

Sec.
5165.81.
(A)
A temporary manager of a nursing facility appointed by the department
of medicaid or a contracting agency under sections 5165.60 to 5165.89
of the Revised Code shall meet all of the following qualifications:

(1)
Be licensed as a nursing home administrator under Chapter 4751. of
the Revised Code;

(2)
Have demonstrated competence as a nursing home administrator;

(3)
Have had no disciplinary action taken against the temporary manager
by any licensing board or professional society in this state.

(B)
The salary of a temporary manager or special master appointed under
sections 5165.60 to 5165.89 of the Revised Code shall be paid by the
facility and set by the department of medicaid or contracting agency,
in the case of a temporary manager, or by the court, in the case of a
special master, at a rate not to exceed the maximum allowable
compensation for an administrator under the medicaid program. The
extent to which this compensation is allowable under the medicaid
program is subject to and limited by this chapter and rules adopted
under
section
5165.02 of the Revised Code
it
.

Subject
to division (C) of this section, any costs incurred on behalf of a
nursing facility by a temporary manager or special master appointed
under sections 5165.60 to 5165.89 of the Revised Code shall be paid
by the facility. The allowability of these costs under the medicaid
program shall be subject to and governed by this chapter and rules
adopted under
section
5165.02 of the Revised Code
it
.
This division does not prohibit a facility from applying for or
receiving any waiver of cost ceilings available under the rules.

(C)
No temporary manager or special master appointed under sections
5165.60 to 5165.89 of the Revised Code shall enter into any
employment contract on behalf of a facility, or purchase any capital
goods using facility funds totaling more than ten thousand dollars,
unless the temporary manager or special master has obtained prior
approval for the contract or purchase from either the provider or the
court.

(D)(1)
A temporary manager appointed for a nursing facility under section
5165.72 of the Revised Code is hereby vested, subject to division (C)
of this section, with the legal authority necessary to correct any
deficiency or cluster of deficiencies at a facility, bring the
facility into compliance with certification requirements, and
otherwise ensure the health and safety of the residents.

(2)
A temporary manager appointed under section 5165.77 of the Revised
Code is hereby vested, subject to division (C) of this section, with
the authority necessary to eliminate the emergency, bring the
facility into compliance with certification requirements, and
otherwise ensure the health and safety of the residents.

(3)
A temporary manager appointed under section 5165.80 of the Revised
Code is hereby vested, subject to division (C) of this section, with
the authority necessary to ensure the transfer of medicaid eligible
residents to other appropriate care settings and, if applicable, the
orderly closure of the facility, and to otherwise ensure the health
and safety of the residents.

(E)
Prior to acting under division (A)(1)(b) or (2)(b) of section 5165.72
of the Revised Code to appoint a temporary manager or apply for a
special master, the department of medicaid or contracting agency
shall order the facility to substantially correct the deficiency or
deficiencies within five days after receiving the statement and
inform the facility, in the statement it provides pursuant to
division (B) of section 5165.75 of the Revised Code, of the order and
that it will not take that action unless the facility fails to
substantially correct the deficiency or deficiencies within that
five-day period. At the end of the five-day period, the department of
health shall conduct a follow-up survey that focuses on the
deficiency or deficiencies. If the department of health determines
that the facility has substantially corrected the deficiency or
deficiencies within that time, the department of medicaid or
contracting agency shall not appoint a temporary manager or apply for
a special master. If the department of health determines that the
facility has failed to substantially correct the deficiency or
deficiencies within that time, the department of medicaid or
contracting agency may proceed with appointment of the temporary
manager or application for a special master. Until the statement
required under division (B) of section 5165.75 of the Revised Code is
actually delivered, no action taken by the department or agency to
appoint a temporary manager or apply for a temporary manager under
division (A)(1)(b) or (2)(b) of section 5165.72 of the Revised Code
shall have any legal effect. No action taken by a facility under this
division to substantially correct a deficiency or deficiencies shall
be considered an admission by the facility of the existence of a
deficiency or deficiencies.

(F)
Appointment of a temporary manager under division (A)(1)(b) or (2)(b)
of section 5165.72 or division (A)(1)(d) of section 5165.77 of the
Revised Code shall expire at the end of the seventh day following the
appointment. If the department of medicaid or contracting agency
finds that the deficiency or deficiencies that prompted the
appointment under division (A)(1)(b) or (2)(b) of section 5165.72 of
the Revised Code cannot be substantially corrected, or the condition
of immediate jeopardy that prompted the appointment under division
(A)(1)(d) of section 5165.77 of the Revised Code cannot be
eliminated, prior to the expiration of the appointment, it may take
one of the following actions:

(1)
Appoint, subject to the continuing consent of the provider, a
temporary manager for the facility;

(2)
Apply to the common pleas court of the county in which the facility
is located for an order appointing a special master who, under the
authority and direct supervision of the court and subject to
divisions (B) and (C) of this section, may take such additional
actions as are necessary to correct the deficiency or deficiencies or
eliminate the condition of immediate jeopardy and bring the facility
into compliance with certification requirements.

(G)
The court, on finding that the deficiency or deficiencies for which a
special master was appointed under division (F)(2) of this section or
division (A)(1)(b) or (2)(b) of section 5165.72 of the Revised Code
has been substantially corrected, or the emergency for which a
special master was appointed under division (F)(2) of this section or
division (A)(1)(b) or (B)(2) of section 5165.77 of the Revised Code
has been eliminated, that the facility has been brought into
compliance with certification requirements, and that the provider has
established the management capability to ensure continued compliance
with the certification requirements, shall immediately terminate its
jurisdiction over the facility and return control and management of
the facility to the provider. If the deficiency or deficiencies
cannot be substantially corrected, or the emergency cannot be
eliminated practicably within a reasonable time following appointment
of the special master, the court may order the special master to
close the facility and transfer all residents to other nursing
facilities or other appropriate care settings.

(H)
This section does not apply to temporary resident safety assurance
managers appointed under section 5165.78 of the Revised Code.

Sec.
5166.02.
(A)
The medicaid director shall adopt rules in accordance with Chapter
119. of the Revised Code governing medicaid waiver components. The
rules may establish all of the following:

(1)
Eligibility requirements for the medicaid waiver components;

(2)
The type, amount, duration, and scope of medicaid services the
medicaid waiver components cover;

(3)
The conditions under which the medicaid waiver components cover
medicaid services;

(4)
The amounts the medicaid waiver components pay for medicaid services
or the methods by which the amounts are determined;

(5)
The manners in which the medicaid waiver components pay for medicaid
services;

(6)
Safeguards for the health and welfare of medicaid recipients
receiving medicaid services under a medicaid waiver component;

(7)
Procedures for prioritizing and approving for enrollment individuals
who are eligible for a home and community-based services medicaid
waiver component and choose to be enrolled in the component;

(8)
Procedures for enforcing the rules, including establishing corrective
action plans for, and imposing financial and administrative sanctions
on, persons and government entities that violate the rules. Sanctions
shall include terminating provider agreements. The procedures shall
include due process protections.

(9)
Other policies necessary for the efficient administration of the
medicaid waiver components.

(B)
The director may adopt different rules for the different medicaid
waiver components. The rules shall be consistent with the terms of
the waiver authorizing the medicaid waiver component.

(C)
The following apply to procedures established under division (A)(7)
of this section:

(1)
Any such procedures established for the medicaid-funded component of
the PASSPORT program shall be consistent with section 173.521 of the
Revised Code.

(2)
Any such procedures established for the medicaid-funded component of
the assisted living program shall be consistent with section 173.542
of the Revised Code.

(3)
Any such procedures established for the Ohio home care waiver program
shall be consistent with section 5166.121 of the Revised Code.

Sec.
5166.04.
The
following requirements apply to each home and community-based
services medicaid waiver component:

(A)
Only an individual who qualifies for a component shall receive that
component's medicaid services.

(B)
A level of care determination shall be made as part of the process of
determining whether an individual qualifies for a component and shall
be made each year after the initial determination if, during such a
subsequent year, the administrative agency determines there is a
reasonable indication that the individual's needs have changed.

(C)
A written plan of care or individual service plan based on an
individual assessment of the medicaid services that an individual
needs to avoid needing admission to a hospital, nursing facility, or
ICF/IID shall be created for each individual determined eligible for
a component.

(D)
Each individual determined eligible for a component shall receive
that component's medicaid services in accordance with the
individual's level of care determination and written plan of care or
individual service plan.

(E)
No individual may receive medicaid services under a component while
the individual is a hospital inpatient or resident of a skilled
nursing facility, nursing facility, or ICF/IID.

(F)
No individual may receive prevocational, educational, or supported
employment services under a component if the individual is eligible
for such services that are funded with federal funds provided under
29 U.S.C. 730 or the "Individuals with Disabilities Education
Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.

(G)
Safeguards shall be taken to protect the health and welfare of
individuals receiving medicaid services under a component, including
safeguards established in rules adopted
under
section 5166.02 of the Revised Code
by
the medicaid director
and
safeguards established by licensing and certification requirements
that are applicable to the providers of that component's medicaid
services.

(H)
No medicaid services may be provided under a component by a provider
that is subject to standards that the "Social Security Act,"
section 1616(e)(1), 42 U.S.C. 1382e(e)(1), requires be established if
the provider fails to comply with the standards applicable to the
provider.

(I)
Individuals determined to be eligible for a component, or such
individuals' representatives, shall be informed of that component's
medicaid services, including any choices that the individual or
representative may make regarding the component's medicaid services,
and given the choice of either receiving medicaid services under that
component or, as appropriate, hospital services, nursing facility
services, or ICF/IID services.

(J)
No individual shall lose eligibility for services under a component,
or have the services reduced or otherwise disrupted, on the basis
that the individual also receives services under the medicaid buy-in
for workers with disabilities program.

(K)
No individual shall lose eligibility for services under a component,
or have the services reduced or otherwise disrupted, on the basis
that the individual's income or resources increase to an amount above
the eligibility limit for the component if the individual is
participating in the medicaid buy-in for workers with disabilities
program and the amount of the individual's income or resources does
not exceed the eligibility limit for the medicaid buy-in for workers
with disabilities program.

(L)
No individual receiving services under a component shall be required
to pay any cost sharing expenses for the services for any period
during which the individual also participates in the medicaid buy-in
for workers with disabilities program.

Sec.
5166.121.
(A)
Unless the Ohio home care waiver program is terminated pursuant to
section 5165.12 of the Revised Code, the department of medicaid shall
establish a home first component for the Ohio home care waiver
program. An individual is eligible for the Ohio home care waiver
program's home first component if the individual has been determined
to be eligible for the Ohio home care waiver program and at least one
of the following applies:

(1)
If the individual is under twenty-one years of age, the individual
received inpatient hospital services for at least fourteen
consecutive days, or had at least three inpatient hospital stays
during the twelve months, immediately preceding the date the
individual applies for the Ohio home care waiver program.

(2)
If the individual is at least twenty-one but less than sixty years of
age, the individual received inpatient hospital services for at least
fourteen consecutive days immediately preceding the date the
individual applies for the Ohio home care waiver program.

(3)
The individual received private duty nursing services under the
medicaid program for at least twelve consecutive months immediately
preceding the date the individual applies for the Ohio home care
waiver program.

(4)
The individual does not reside in a nursing facility or hospital
long-term care unit at the time the individual applies for the Ohio
home care waiver program but is at risk of imminent admission to a
nursing facility or hospital long-term care unit due to a documented
loss of a primary caregiver.

(5)
The individual resides in a nursing facility at the time the
individual applies for the Ohio home care waiver program.

(6)
At the time the individual applies for the Ohio home care waiver
program, the individual participates in the money follows the person
demonstration project authorized by section 6071 of the "Deficit
Reduction Act of 2005," Pub. L. No. 109-171, as amended, and
either resides in a residential treatment facility or inpatient
hospital setting.

(B)
An individual determined to be eligible for the home first component
of the Ohio home care waiver program shall be enrolled in the program

in accordance with rules adopted under section 5166.02 of the Revised
Code
.

Sec.
5166.23.
(A)
Subject to division (D) of this section, the medicaid director shall
adopt rules
under
section 5166.02 of the Revised Code
establishing
the payment amounts or the methods by which the payment amounts are
to be determined for home and community-based services specified in
division (A)(1) of section 5166.20 of the Revised Code and provided
under the components of the medicaid program that the department of
developmental disabilities administers under section 5166.21 of the
Revised Code. With respect to these rules, all of the following
apply:

(1)
The rules shall establish procedures for the department of
developmental disabilities to follow in arranging for the initial and
ongoing collection of cost information from a comprehensive,
statistically valid sample of persons and government entities
providing the services at the time the information is obtained.

(2)
The rules shall establish procedures for the collection of
consumer-specific information through an assessment instrument the
department of developmental disabilities shall provide to the
department of medicaid.

(3)
With the information collected pursuant to divisions (A)(1) and (2)
of this section, an analysis of that information, and other
information the director determines relevant, the rules shall
establish payment standards that do all of the following:

(a)
Assure that payment amounts are consistent with efficiency, economy,
and quality of care;

(b)
Consider the intensity of consumer resource need;

(c)
Recognize variations in different geographic areas regarding the
resources necessary to assure the health and welfare of consumers;

(d)
Recognize variations in environmental supports available to
consumers.

(B)
As part of the process of adopting rules authorized by this section,
the director shall consult with the director of developmental
disabilities, representatives of county boards of developmental
disabilities, persons who provide the home and community-based
services, and other persons and government entities the director
identifies.

(C)
The medicaid director and director of developmental disabilities
shall review the rules authorized by this section at times they
determine are necessary to ensure that the payment amounts or the
methods by which the payment amounts are to be determined continue to
meet the payment standards established under division (A)(3) of this
section.

(D)
This section applies to home and community-based services provided
under the medicaid waiver component known as the transitions
developmental disabilities waiver only to the extent, if any,
provided by the contract required by section 5166.21 of the Revised
Code regarding the component.

Sec.
5166.30.
(A)
As used in sections 5166.30 to 5166.3010 of the Revised Code:

(1)
"Adult" means an individual at least eighteen years of age.

(2)
"Appropriate director" means the following:

(a)
The medicaid director in the context of both of the following:

(i)
The Ohio home care waiver program;

(ii)
The integrated care delivery system medicaid waiver component
authorized by section 5166.16 of the Revised Code.

(b)
The director of aging in the context of the medicaid-funded component
of the PASSPORT program.

(3)
"Authorized representative" means the following:

(a)
In the case of a consumer who is a minor, the consumer's parent,
custodian, or guardian;

(b)
In the case of a consumer who is an adult, an individual selected by
the consumer pursuant to section 5166.3010 of the Revised Code to act
on the consumer's behalf for purposes regarding home care attendant
services.

(4)
"Authorizing health care professional" means a health care
professional who, pursuant to section 5166.307 of the Revised Code,
authorizes a home care attendant to assist a consumer with
self-administration of medication, nursing tasks, or both.

(5)
"Consumer" means an individual to whom all of the following
apply:

(a)
The individual is enrolled in a participating medicaid waiver
component.

(b)
The individual has a medically determinable physical impairment to
which both of the following apply:

(i)
It is expected to last for a continuous period of not less than
twelve months.

(ii)
It causes the individual to require assistance with activities of
daily living, self-care, and mobility, including either assistance
with self-administration of medication or the performance of nursing
tasks, or both.

(c)
In the case of an individual who is an adult, the individual is
mentally alert and is, or has an authorized representative who is,
capable of selecting, directing the actions of, and dismissing a home
care attendant.

(d)
In the case of an individual who is a minor, the individual has an
authorized representative who is capable of selecting, directing the
actions of, and dismissing a home care attendant.

(6)
"Controlled substance" has the same meaning as in section
3719.01 of the Revised Code.

(7)
"Custodian" has the same meaning as in section 2151.011 of
the Revised Code.

(8)
"Gastrostomy tube" means a percutaneously inserted catheter
that terminates in the stomach.

(9)
"Guardian" has the same meaning as in section 2111.01 of
the Revised Code.

(10)
"Health care professional" means a physician or registered
nurse.

(11)
"Home care attendant" means an individual holding a valid
provider agreement in accordance with section 5166.301 of the Revised
Code that authorizes the individual to provide home care attendant
services to consumers.

(12)
"Home care attendant services" means all of the following
as provided by a home care attendant:

(a)
Personal care aide services;

(b)
Assistance with the self-administration of medication;

(c)
Assistance with nursing tasks.

(13)
"Jejunostomy tube" means a percutaneously inserted catheter
that terminates in the jejunum.

(14)
"Medication" means a drug as defined in section 4729.01 of
the Revised Code.

(15)
"Minor" means an individual under eighteen years of age.

(16)
"Participating medicaid waiver component" means all of the
following:

(a)
The medicaid-funded component of the PASSPORT program;

(b)
The Ohio home care waiver program;

(c)
The integrated care delivery system medicaid waiver component
authorized by section 5166.16 of the Revised Code.

(17)
"Physician" means an individual authorized under Chapter
4731. of the Revised Code to practice medicine and surgery or
osteopathic medicine and surgery.

(18)
"Practice of nursing as a registered nurse," "practice
of nursing as a licensed practical nurse," and "registered
nurse" have the same meanings as in section 4723.01 of the
Revised Code. "Registered nurse" includes an advanced
practice registered nurse, as defined in section 4723.01 of the
Revised Code.

(19)
"Schedule II," "schedule III," "schedule
IV," and "schedule V" have the same meanings as in
section 3719.01 of the Revised Code.

(B)
Participating medicaid waiver components may cover home care
attendant services in accordance with sections 5166.30 to 5166.3010
of the Revised Code

and rules adopted under section 5166.02 of the Revised Code
.

Sec.
5166.301.
The
medicaid director shall enter into a provider agreement with an
individual to authorize the individual to provide home care attendant
services to consumers if the individual does both of the following:

(A)
Agrees to comply with the requirements of sections 5166.30 to
5166.3010

and rules adopted under section 5166.02

of the Revised Code;

(B)
Provides the director evidence satisfactory to the director of
all

both

of
the following:

(1)
That the individual either meets the personnel qualifications
specified in 42 C.F.R. 484.4 for home health aides or has
successfully completed at least one of the following:

(a)
A competency evaluation program or training and competency evaluation
program approved or conducted by the director of health under section
3721.31 of the Revised Code;

(b)
A training program approved by the appropriate director that includes
training in at least all of the following and provides training
equivalent to a training and competency evaluation program specified
in division (B)(1)(a) of this section or meets the requirements of 42
C.F.R. 484.36(a):

(i)
Basic home safety;

(ii)
Universal precautions for the prevention of disease transmission,
including hand-washing and proper disposal of bodily waste and
medical instruments that are sharp or may produce sharp pieces if
broken;

(iii)
Personal care aide services;

(iv)
The labeling, counting, and storage requirements for schedule II,
III, IV, and V medications.

(2)
That the individual has obtained a certificate of completion of a
course in first aid from a first aid course to which all of the
following apply:

(a)
It is not provided solely through the internet.

(b)
It includes hands-on training provided by a first aid instructor who
is qualified to provide such training according to standards set in
rules adopted
under
section 5166.02 of the Revised Code
by
the medicaid director
.

(c)
It requires the individual to demonstrate successfully that the
individual has learned the first aid taught in the course.

(3)
That the individual meets any other requirements for the medicaid
provider agreement specified in rules adopted under section 5166.02
of the Revised Code.

Sec.
5166.303.
A
home care attendant shall do all of the following:

(A)
Maintain a clinical record for each consumer to whom the attendant
provides home care attendant services in a manner that protects the
consumer's privacy;

(B)
Participate in a face-to-face visit every ninety days with all of the
following to monitor the health and welfare of each of the consumers
to whom the attendant provides home care attendant services:

(1)
The consumer;

(2)
The consumer's authorized representative, if any;

(3)
A registered nurse who agrees to answer any questions that the
attendant, consumer, or authorized representative has about consumer
care needs, medications, and other issues.

(C)
Document the activities of each visit required by division (B) of
this section in the consumer's clinical record with the assistance of
the registered nurse.

(D)
The face-to-face visit requirement in division (B) of this section
may be satisfied by telephone or electronically if permitted by rules
adopted
under
section 5166.02 of the Revised Code
by
the medicaid director
.

Sec.
5166.308.
When
authorizing a home care attendant to assist a consumer with nursing
tasks or self-administration of medication, a health care
professional may not authorize a home care attendant to do any of the
following:

(A)
Perform a task that is outside of the health care professional's
scope of practice;

(B)
Assist the consumer with the self-administration of a medication,
including a schedule II, schedule III, schedule IV, or schedule V
drug unless both of the following apply:

(1)
The medication is administered orally, topically, or via a
gastrostomy tube or jejunostomy tube, including through any of the
following:

(a)
In the case of an oral medication, a metered dose inhaler;

(b)
In the case of a topical medication, including a transdermal
medication, either of the following:

(i)
An eye, ear, or nose drop or spray;

(ii)
A vaginal or rectal suppository.

(c)
In the case of a gastrostomy tube or jejunostomy tube, only through a
pre-programmed pump.

(2)
The medication is in its original container and the label attached to
the container displays all of the following:

(a)
The consumer's full name in print;

(b)
The medication's dispensing date, which must not be more than twelve
months before the date the attendant assists the consumer with
self-administration of the medication;

(c)
The exact dosage and means of administration that match the health
care professional's authorization to the attendant.

(C)
Assist the consumer with the self-administration of a schedule II,
schedule III, schedule IV, or schedule V medication unless, in
addition to meeting the requirements of division (B) of this section,
all of the following apply:

(1)
The medication has a warning label on its container.

(2)
The attendant counts the medication in the consumer's or authorized
representative's presence when the medication is administered to the
consumer and records the count on a form used for the count as
specified in rules adopted
under
section 5166.02 of the Revised Code
by
the medicaid director
.

(3)
The attendant recounts the medication in the consumer's or authorized
representative's presence at least monthly and reconciles the recount
on a log located in the consumer's clinical record.

(4)
The medication is stored separately from all other medications and is
secured and locked at all times when not being administered to the
consumer to prevent unauthorized access.

(D)
Perform an intramuscular injection;

(E)
Perform a subcutaneous injection unless it is for a routine dose of
insulin;

(F)
Program a pump used to deliver a medication unless the pump is used
to deliver a routine dose of insulin;

(G)
Insert, remove, or discontinue an intravenous access device;

(H)
Engage in intravenous medication administration;

(I)
Insert or initiate an infusion therapy;

(J)
Perform a central line dressing change.

Sec.
5166.409.
The
medicaid director shall adopt rules
under
section 5166.02 of the Revised Code
to
do all of the following:

(A)
For the purpose of division (F)(1)(a) of section 5166.402 of the
Revised Code, establish requirements regarding preventative health
services for healthy Ohio program participants. The requirements may
differ for participants of different ages and genders.

(B)
For the purpose of division (G)(2) of section 5166.402 of the Revised
Code, authorize additional uses of a buckeye account and establish
the means for using the account for those purposes.

(C)
For the purpose of division (A)(3) of section 5166.403 of the Revised
Code, establish requirements for the use of a healthy Ohio program
debit swipe card to pay for the costs of medically necessary health
care services not covered by the health plan in which a healthy Ohio
program participant enrolls.

(D)
For the purpose of division (C) of section 5166.404 of the Revised
Code, establish a system under which the director may award points to
healthy Ohio program participants who achieve health care goals. The
rules shall specify the goals that qualify for points and the number
of points each goal is worth. The number of points may vary for
different goals.

(E)
For the purpose of section 5166.407 of the Revised Code, establish
procedures and requirements for the transfer of the amounts remaining
in former healthy Ohio program participants' buckeye accounts to
bridge accounts.

Sec.
5167.031.
(A)
As used in this section:

(1)
"Children's care network" means any of the following:

(a)
A children's hospital;

(b)
A group of children's hospitals;

(c)
A group of pediatric physicians.

(2)
"Children's hospital" has the same meaning as in section
2151.86 of the Revised Code.

(B)
If the department of medicaid includes in the care management system,
pursuant to section 5167.03 of the Revised Code, individuals under
twenty-one years of age who are included in the category of
individuals who receive medicaid on the basis of being aged, blind,
or disabled, the department may recognize entities as pediatric
accountable care organizations.

An
entity recognized by the department as a pediatric accountable care
organization may develop innovative partnerships between relevant
groups and may contract directly or subcontract with the state to
provide care coordination and other services to the medicaid
recipients under twenty-one years of age described in this division
who are permitted or required to participate in the care management
system.

(C)(1)
To be recognized by the department as a pediatric accountable care
organization, an entity shall meet the standards established by the
department. Unless required by section 2706 of the "Patient
Protection and Affordable Care Act," 124 Stat. 325 (2010) and
the "Social Security Act," section 1895, 42 U.S.C. 1395jjj,
the regulations adopted pursuant to those sections, and the laws of
this state, the department shall not require that an entity be a
health insuring corporation as a condition of receiving the
department's recognition.

(2)
Any of the following entities may receive the department's
recognition, if the standards for recognition have been met:

(a)
A children's care network;

(b)
A children's care network that may include one or more other
entities, including, but not limited to, health insuring corporations
or other managed care organizations;

(c)
Any other entity the department determines is qualified.

(D)
The medicaid director shall consult with all of the following in
adopting rules authorized by division (E) of this section necessary
for an entity to be recognized by the department as a pediatric
accountable care organization:

(1)
The superintendent of insurance;

(2)
Children's hospitals;

(3)
Medicaid managed care organizations;

(4)
Any other relevant entities, as determined necessary by the
department, with interests in pediatric accountable care
organizations.

(E)

In
adopting rules under section 5167.02 of the Revised Code, the
The

medicaid
director shall
adopt
rules to
do
all of the following:

(1)
Establish application procedures to be followed by an entity seeking
recognition as a pediatric accountable care organization;

(2)
Ensure that the standards for recognition as a pediatric accountable
care organization are the same as and do not conflict with those
specified in section 2706 of the "Patient Protection and
Affordable Care Act," 124 Stat. 325 (2010) and the "Social
Security Act," section 1895, 42 U.S.C. 1395jjj or the
regulations adopted pursuant to those sections;

(3)
Establish requirements regarding the access to pediatric specialty
care provided through or by a pediatric accountable care
organization;

(4)
Establish accountability and financial requirements for an entity
recognized as a pediatric accountable care organization;

(5)
Establish quality improvement initiatives consistent with any state
medicaid quality plan established by the department;

(6)
Establish transparency and consumer protection requirements for an
entity recognized as a pediatric accountable care organization;

(7)
Establish a process for sharing data.

(F)
This section does not limit the authority of the department of
insurance to regulate the business of insurance in this state.

Sec.
5167.101.
(A)
Subject to division (B) of this section, the department of medicaid
or its actuary shall base the hospital inpatient capital payment
portion of the payment made to a medicaid managed care organization
on data for services provided to all of the organization's enrollees,
as reported by hospitals on relevant cost reports submitted pursuant
to rules adopted
under
section 5167.02 of the Revised Code
by
the medicaid director
.

(B)
The hospital inpatient capital payment portion of the payment made to
medicaid managed care organizations shall not exceed any maximum rate
established in rules adopted
under
section 5167.02 of the Revised Code
by
the medicaid director
.

If
a maximum rate is established, a medicaid managed care organization
shall not compensate hospitals for inpatient capital costs in an
amount that exceeds that rate.

Sec.
5167.173.
(A)
As used in this section:

(1)
"Board of health" means the board of health of a city or
general health district or the authority having the duties of a board
of health under section 3709.05 of the Revised Code.

(2)
"Certified community health worker" has the same meaning as
in section 4723.01 of the Revised Code.

(3)
"Community health worker services" means the services
described in section 4723.81 of the Revised Code.

(4)
"Public health nurse" means a registered nurse employed or
contracted by a board of health.

(5)
"Qualified community hub" means a central clearinghouse for
a network of community care coordination agencies that meets all of
the following criteria:

(a)
Demonstrates to the director of health that it uses an
evidenced-based, pay-for-performance community care coordination
model (endorsed by the federal agency for healthcare research and
quality, the national institutes of health, and the centers for
medicare and medicaid services or their successors) or uses certified
community health workers or public health nurses to connect at-risk
individuals to health, housing, transportation, employment,
education, and other social services;

(b)
Is a board of health or demonstrates to the director of health that
it has achieved, or is engaged in achieving, certification from a
national hub certification program;

(c)
Has a plan, approved by the medicaid director, specifying how the
board of health or community hub ensures that children served by it
receive appropriate developmental screenings as specified in the
publication titled "Bright Futures: Guidelines for Health
Supervision of Infants, Children, and Adolescents," available
from the American academy of pediatrics, as well as appropriate early
and periodic screening, diagnostic, and treatment services.

(B)
Each medicaid managed care organization shall provide to an enrollee
who meets the criteria in division (C) of this section, or arrange
for the enrollee to receive, both of the following services provided
by a certified community health worker or public health nurse, as
applicable, who is employed by, or works under a contract with, a
qualified community hub:

(1)
Community health worker services or services provided by a public
health nurse;

(2)
Other services that are not community health worker services or
services provided by a public health nurse but are performed for the
purpose of ensuring that the enrollee is linked to employment
services, housing, educational services, social services, or
medically necessary physical and behavioral health services.

(C)
An enrollee qualifies to receive the services specified in division
(B) of this section if the enrollee is pregnant or capable of
becoming pregnant, resides in a community served by a qualified
community hub, and has been recommended to receive the services by a
physician, public health nurse, or another licensed health
professional specified in rules adopted under division (D) of this
section.

(D)
The medicaid director shall adopt rules
under
section 5167.02 of the Revised Code
specifying
the licensed health professionals, in addition to physicians and
public health nurses, who may recommend that an enrollee receive the
services specified in division (B) of this section.

Sec.
5167.20.
(A)
Except as provided in division (B) of this section, when a medicaid
managed care organization refers an enrollee to receive services,
other than emergency services provided on or after January 1, 2007,
at a hospital that participates in the medicaid program but is not
under contract with the organization, the hospital shall provide the
service for which the referral was made and shall accept from the
organization, as payment in full, the amount derived from the payment
rate used by the department of medicaid to pay other hospitals of the
same type for providing the same service to a medicaid recipient who
is not enrolled in a medicaid MCO plan.

(B)
A hospital is not subject to division (A) of this section if all of
the following are the case:

(1)
The hospital is located in a county in which participants in the care
management system are required before January 1, 2006, to be enrolled
in a medicaid MCO plan;

(2)
The hospital has entered into a contract before January 1, 2006, with
at least one health insuring corporation serving the participants
specified in division (B)(1) of this section;

(3)
The hospital remains under contract with at least one health insuring
corporation serving participants in the care management system who
are required to be enrolled in a medicaid MCO plan.

(C)
The medicaid director shall adopt rules
under
section 5167.02 of the Revised Code
specifying
the circumstances under which a medicaid managed care organization is
permitted to refer an enrollee to a hospital that is not under
contract with the organization.

Sec.
5167.31.
The
department of medicaid may provide financial incentive awards to
medicaid managed care organizations that meet or exceed performance
standards specified in provider agreements

or rules adopted by the medicaid director under section 5167.02 of
the Revised Code
.
The department may specify in a contract with a medicaid managed care
organization the amounts of financial incentive awards, methodology
for distributing awards, types of awards, and standards for
administration by the department.

Sec.
5167.33.
(A)
Not later than July 1, 2018, each medicaid managed care organization
shall implement strategies that base payments to providers on the
value received from the providers' services, including their success
in reducing waste in the provision of the services. Not later than
July 1, 2020, each medicaid managed care organization shall ensure
that at least fifty per cent of the aggregate net payments it makes
to providers are based on the value received from the providers'
services.

The
department of medicaid may measure a medicaid managed care
organization's compliance with this section based on the actions of
the organization, the providers in the organization's provider panel,
the organization's subcontractors, or any combination of the
organization, providers, and subcontractors.

(B)
The medicaid director shall adopt rules
under
section 5167.02 of the Revised Code as necessary to implement this
section, including rules
that
specify how all of the following are to be determined:

(1)
The value received from a provider's services;

(2)
A provider's success in reducing waste in the provision of services;

(3)
The percentage of a medicaid managed care organization's aggregate
net payments to providers that are based on the value received from
the providers' services.

Sec.
5167.35.
(A)
Consistent with the requirements of the care management system
implemented on February 1, 2023, to address medicaid population
health and social determinants of health and encourage optimal health
and self-sufficiency of medicaid enrollees, the department of
medicaid, in collaboration with the department of job and family
services, shall develop a program to assist medicaid enrollees with
securing meaningful employment.

(B)
As part of that program, each medicaid managed care organization
shall develop a specialized component of its medicaid MCO plan to
provide referral and support to medicaid enrollees in obtaining and
maintaining meaningful employment. Each medicaid managed care
organization shall give priority to identified enrollees who are of
working age and are able-bodied, or who would benefit from assistance
to overcome unemployment or underemployment. In carrying out the
requirements of this section, each medicaid managed care organization
shall do all of the following:

(1)
Identify any barriers that an identified enrollee has to achieving
greater financial independence, including the following:

(a)
Education;

(b)
Employment;

(c)
Physical and behavioral health care;

(d)
Transportation;

(e)
Childcare;

(f)
Housing;

(g)
Legal history, including prior conviction of a criminal offense.

(2)
Develop state and local relationships that link and refer identified
enrollees to assessments, resources, and supports that assist with
obtaining and maintaining meaningful employment.

(3)
Utilize a standard health risk assessment form established by the
medicaid director to identify enrollees to receive assistance under
the program established by this section.

(C)(1)
Not later than six months after

the effective date of this section

October 3, 2023
,
the medicaid director and the director of job and family services
shall convene a workgroup. The workgroup shall consist of the
following members, selected by the directors:

(a)
Representatives of the director of opportunities for Ohioans with
disabilities, the director of developmental disabilities, and
director of mental health and addiction services;

(b)
Representatives of the Ohio job and family services directors'
association and workforce development agencies;

(c)
Representatives of technical, career, and higher education;

(d)
Representatives of each medicaid managed care organization;

(e)
Representatives of other organizations with expertise and resources
involved in career and job development, as determined by the medicaid
director and director of job and family services.

(2)
The workgroup shall do all of the following:

(a)
Identify state and local resources that provide job skills and career
development, including available resources to support identified
enrollees to seek employment and develop needed skills;

(b)
Develop models for local agreements or protocols for collaboration
between medicaid managed care organizations and other community
agencies;

(c)
Identify conflicts among program requirements that should be
addressed by state agencies and the general assembly to facilitate
identified enrollees' ability to secure and maintain employment.

(D)
The medicaid director may do
any

either

of
the following with respect to the program established under this
section:

(1)
Establish additional requirements for medicaid managed care
organizations;

(2)
Create supplemental assessments to assist in identifying barriers to
achieving financial independence, in addition to the barriers
identified in division (B)(1) of this section
;

(3)
Adopt rules, in accordance with Chapter 119. of the Revised Code, as
necessary to implement these provisions
.

(E)
The medicaid director and the director of job and family services
shall report to the governor, the senate medicaid committee, and any
other standing legislative committee having jurisdiction over
medicaid regarding the implementation and operation of the program.
The directors shall report on a periodic basis during the first year
of the program. Thereafter, the directors shall report not less than
annually.

Sec.
5167.40.
The
department of medicaid shall appoint a temporary manager for a
medicaid managed care organization if the department determines that
the medicaid managed care organization has repeatedly failed to meet
substantive requirements specified in the "Social Security Act,"
sections 1903(m) and 1932, 42 U.S.C. 1396b(m) and 1396u-2; or 42
C.F.R. 438 Part I. The appointment of a temporary manager does not
preclude the department from imposing other sanctions available to
the department against the medicaid managed care organization.

The
medicaid managed care organization shall pay all costs of having the
temporary manager perform the temporary manager's duties, including
all costs the temporary manager incurs in performing those duties. If
the temporary manager incurs costs or liabilities on behalf of the
medicaid managed care organization, the medicaid managed care
organization shall pay those costs and be responsible for those
liabilities.

The
appointment of a temporary manager is not subject to Chapter 119. of
the Revised Code, but the managed care organization may request a
reconsideration of the appointment. Reconsiderations shall be
requested and conducted in accordance with rules the medicaid
director shall adopt

under section 5167.02 of the Revised Code
.

The
appointment of a temporary manager does not cause the medicaid
managed care organization to lose the right to appeal, in accordance
with Chapter 119. of the Revised Code, any proposed termination or
any decision not to revalidate the medicaid managed care
organization's provider agreement or the right to initiate the sale
of the medicaid managed care organization or its assets.

Sec.
5167.41.
The
department of medicaid may disenroll some or all medicaid recipients
from a medicaid MCO plan offered by a medicaid managed care
organization if the department proposes to terminate or not to renew
the contract entered into under section 5167.10 of the Revised Code
and determines that the recipients' access to medically necessary
services is jeopardized by the proposal to terminate or not to renew
the contract. The disenrollment is not subject to Chapter 119. of the
Revised Code, but the medicaid managed care organization may request
a reconsideration of the disenrollment. Reconsiderations shall be
requested and conducted in accordance with rules the medicaid
director shall adopt

under section 5167.02 of the Revised Code
.
The request for, or conduct of, a reconsideration regarding a
proposed disenrollment shall not delay the disenrollment.

Sec.
5167.47.
(A)
When contracting with a medicaid managed care organization, the
department of medicaid shall require the medicaid managed care
organization to provide to medicaid enrollees the same benefits and
rights as required under division (B) of section 3902.36 of the
Revised Code.

(B)
The medicaid director shall do both of the following:

(1)
Implement and enforce division (B) of section 3902.36 of the Revised
Code with respect to medicaid managed care organizations;

(2)
Enforce, monitor compliance with, and ensure continued compliance
with this section.

(C)
The director may adopt rules under section 5167.02 of the Revised
Code as necessary to carry out the provisions of this section.

Sec.
5168.02.
(A)
The medicaid director shall adopt rules in accordance with Chapter
119. of the Revised Code
for
the purpose of administering sections 5168.01 to 5168.14 of the
Revised Code, including rules
that
do all of the following:

(1)
Define as a "disproportionate share hospital" any hospital
included under the "Social Security Act," section 1923(b),
42 U.S.C. 1396r-4(b), and any other hospital the director determines
appropriate;

(2)
Prescribe the form for submission of cost reports under section
5168.05 of the Revised Code;

(3)
Establish, in accordance with division (A) of section 5168.06 of the
Revised Code, the assessment rate or rates to be applied to hospitals
under that section;

(4)
Establish schedules for hospitals to pay installments on their
assessments under section 5168.06 of the Revised Code and for
governmental hospitals to pay installments on their intergovernmental
transfers under section 5168.07 of the Revised Code;

(5)
Establish procedures to notify hospitals of adjustments made under
division (B)(2)(b) of section 5168.06 of the Revised Code in the
amount of installments on their assessment;

(6)
Establish procedures to notify hospitals of adjustments made under
division (D) of section 5168.08 of the Revised Code in the total
amount of their assessment and to adjust for the remainder of the
program year the amount of the installments on the assessments;

(7)
Establish, in accordance with section 5168.09 of the Revised Code,
the methodology for paying hospitals under that section.

The
director shall consult with hospitals when adopting the rules
required by divisions (A)(4) and (5) of this section in order to
minimize hospitals' cash flow difficulties.

(B)
Rules adopted under this section may provide that "total
facility costs" excludes costs associated with any of the
following:

(1)
Medicaid recipients;

(2)
Recipients of the program for children and youth with special health
care needs established under section 3701.023 of the Revised Code;

(3)
Medicare beneficiaries;

(4)
Recipients of Title V of the "Social Security Act," 42
U.S.C. 701 et seq.
;

(5)
Any other category of costs deemed appropriate by the director in
accordance with Title XIX of the "Social Security Act," 42
U.S.C. 1396 et seq., and the rules adopted under that title.

Sec.
5168.26.
(A)
The medicaid director shall adopt rules in accordance with Chapter
119. of the Revised Code
as
necessary to implement sections 5168.20 to 5168.28 of the Revised
Code, including rules
that
specify the percentage of hospitals' total facility costs to be used
in calculating hospitals' assessments under section 5168.21 of the
Revised Code.

(B)
The rules adopted under this section may do the following:

(1)
Provide that a hospital's total facility costs for the purpose of the
assessment under section 5168.21 of the Revised Code exclude any of
the following:

(a)
A hospital's costs associated with providing care to recipients of
any of the following:

(i)
The medicaid program;

(ii)
The medicare program;

(iii)
The program for children and youth with special health care needs
established under section 3701.023 of the Revised Code;

(iv)
Services provided under the maternal and child health services block
grant established under Title V of the "Social Security Act,"
42 U.S.C. 701 et seq.

(b)
Any other category of hospital costs the director deems appropriate
under federal law and regulations governing the medicaid program.

(2)
Subject to division (C) of this section, provide for the percentage
of hospitals' total facility costs used in calculating hospitals'
assessments to vary for different hospitals.

(C)
Before adopting rules authorized by division (B)(2) of this section
that establish varied percentages to be used in calculating
hospitals' assessments, the director shall obtain a waiver from the
United States secretary of health and human services under the
"Social Security Act," section 1903(w)(3)(E), 42 U.S.C.
1396b(w)(3)(E), if the varied percentages would cause the assessments
to not be imposed uniformly.

Sec.
5168.56.
The
medicaid director shall adopt rules in accordance with Chapter 119.
of the Revised Code to
do
both of the following:

(A)
Prescribe
prescribe

the
actions the department of medicaid will take to cease implementation
of sections 5168.40 to 5168.56 of the Revised Code if the United
States centers for medicare and medicaid services determines that the
franchise permit fee established by those sections is an
impermissible health-care related tax under the "Social Security
Act," section 1903(w), 42 U.S.C. 1396b(w)
;

(B)
Establish any requirements or procedures the director considers
necessary to implement sections 5168.40 to 5168.56 of the Revised
Code
.

Sec.
5168.71.
To
the extent authorized by rules authorized by section 5162.021 of the
Revised Code, the director of developmental disabilities shall adopt
rules in accordance with Chapter 119. of the Revised Code to
do
both of the following:

(A)
Prescribe
prescribe

the
actions the department of developmental disabilities will take to
cease implementation of sections 5168.60 to 5168.71 of the Revised
Code if the United States secretary of health and human services
determines that the franchise permit fee imposed under section
5168.61 of the Revised Code is an impermissible health care-related
tax under the "Social Security Act," section 1903(w), 42
U.S.C. 1396b(w)
;

(B)
Establish any other requirements or procedures the director considers
necessary to implement sections 5168.60 to 5168.71 of the Revised
Code
.

Sec.
5168.75.
As
used in sections 5168.75 to
5168.86

5168.85

of
the Revised Code:

(A)
"Basic health care services" means all of the services
listed in division (A)(1) of section 1751.01 of the Revised Code.

(B)
"Care management system" has the same meaning as in section
5167.01 of the Revised Code.

(C)
"Dual eligible individual" has the same meaning as in
section 5160.01 of the Revised Code.

(D)
"Franchise fee" means the fee imposed on health insuring
corporation plans under section 5168.76 of the Revised Code.

(E)
"Health insuring corporation" has the same meaning as in
section 1751.01 of the Revised Code, except it does not mean a
corporation that, pursuant to a policy, contract, certificate, or
agreement, pays for, reimburses, or provides, delivers, arranges for,
or otherwise makes available, only supplemental health care services
or only specialty health care services.

(F)
"Health insuring corporation plan" means a policy,
contract, certificate, or agreement of a health insuring corporation
under which the corporation pays for, reimburses, provides, delivers,
arranges for, or otherwise makes available basic health care
services. "Health insuring corporation plan" does not mean
any of the following:

(1)
A policy, contract, certificate, or agreement under which a health
insuring corporation pays for, reimburses, provides, delivers,
arranges for, or otherwise makes available only supplemental health
care services or only specialty health care services;

(2)
An approved health benefits plan described in 5 U.S.C. 8903 or 8903a,
if imposing the franchise fee on the plan would violate 5 U.S.C.
8909(f);

(3)
A medicare advantage plan authorized by Part C of Title XVIII of the
"Social Security Act," 42 U.S.C. 1395w-21 et seq.

(G)
"Indirect guarantee percentage" means the percentage
specified in section 1903(w)(4)(C)(ii) of the "Social Security
Act," 42 U.S.C. 1396b(w)(4)(C)(ii), that is to be used in
determining whether a health care class is indirectly held harmless
for any portion of the costs of a broad-based health-care-related
tax. If the indirect guarantee percentage changes during a fiscal
year, the indirect guarantee percentage is the following:

(1)
For the part of the fiscal year before the change takes effect, the
percentage in effect before the change;

(2)
For the part of the fiscal year beginning with the date the indirect
guarantee percentage changes, the new percentage.

(H)
"Medicaid managed care organization" has the same meaning
as in section 5167.01 of the Revised Code.

(I)
"Medicaid provider" has the same meaning as in section
5164.01 of the Revised Code.

(J)
"Ohio medicaid member month" means a month in which a
medicaid recipient residing in this state is enrolled in a health
insuring corporation plan.

(K)
"Other Ohio member month" means a month in which a resident
of this state who is not a medicaid recipient is enrolled in a health
insuring corporation plan.

(L)
"Rate year" means the fiscal year for which a franchise fee
is imposed.

Sec.
5168.78.
The
department of medicaid may request that a health insuring corporation
provide the department documentation the department needs to verify
the amount of the franchise fees imposed on the health insuring
corporation plans administered by the corporation and to ensure the
corporation's compliance with sections 5168.75 to
5168.86

5168.85

of
the Revised Code. On receipt of the request, the health insuring
corporation shall provide the department the requested documentation.
The department also may review relevant documentation possessed by
other entities for the purpose of making such verifications.

Sec.
5168.90.
(A)
At least quarterly, the medicaid director shall report to the
legislative service commission both of the following:

(1)
The fee rates and the aggregate total of the fees assessed for each
of the following:

(a)
The hospital assessment established under section 5168.21 of the
Revised Code;

(b)
The nursing home and hospital long-term care unit franchise permit
fee under section 5168.41 of the Revised Code;

(c)
The ICF/IID franchise permit fee under section 5168.61 of the Revised
Code;

(d)
The health insuring corporation franchise fee under section 5168.76
of the Revised Code.

(2)
If there is a rate increase for any of the fee rates listed under
division (A)(1) of this section pending before the centers for
medicare and medicaid services.

(B)
The director may adopt rules
under
section 5162.02 of the Revised Code
to
compile and submit the reports required under this section, including
rules, as authorized under section 5162.021 of the Revised Code, that
specify the information that must be submitted to the director by the
department of developmental disabilities regarding the ICF/IID
franchise permit fee.

Sec.
5180.02.
(A)
The director of children and youth is the chief executive of and
appointing authority for the department of children and youth. In
this role, the director shall administer the department and implement
the delivery in this state of children's services, including by doing
all of the following:

(1)

Adopting
as necessary rules in accordance with Chapter 119. of the Revised
Code and section 111.15 of the Revised Code;

(2)

Approving
and entering into contracts, agreements, and other business
arrangements on behalf of the department;

(3)
(2)

Making as necessary appointments to the department and approving
actions related to departmental employees and officers, including
their hiring, promotion, termination, discipline, or investigation;

(4)
(3)

Administering the department and directing the performance of its
employees and officers;

(5)
(4)

Applying for grants available under federal law or from other
federal, state, or private sources and allocating, disbursing, or
accounting for any funds awarded;

(6)
(5)

Any other action
,
except for adopting rules that the Revised Code does not specifically
authorize the director to adopt,

as necessary to carry out the purposes of this chapter.

(B)
Whenever by law a duty is imposed on or an action is required of the
department, the director or director's designee shall fulfill the
duty or perform the action.

(C)
The director may organize the department for its efficient operation,
including by creating as necessary any divisions or offices within
it. The director also may establish procedures for the governance of
the department, the conduct of its employees and officers, the
performance of its business, and the custody, use, and preservation
of departmental books, documents, papers, property, and records.

(D)
If the director issues any directive governing the delivery in this
state of children's services, each state and local agency involved in
the delivery of those services shall comply with the directive and
collaborate with the department.

(E)

For
purposes of division (A)(1) of this section, if
If

a
law permits or requires the director to adopt a rule, the director
shall do so in accordance with Chapter 119. of the Revised Code,
unless the law requiring or permitting adoption of the rule specifies
a different rule adoption procedure.

Sec.
5180.21.
(A)
The department of children and youth shall establish the help me grow
program as the state's evidence-based parent support program that
encourages early prenatal and well-baby care, as well as provides
parenting education to promote the comprehensive health and
development of children. The program shall provide home visiting
services to families with a pregnant woman or child under five years
of age that meet the eligibility requirements established in rules
adopted under this section. Home visiting services shall be provided
through evidence-based home visiting models or innovative, promising
home visiting models recommended by the children and youth advisory
council created under section 5180.04 of the Revised Code.

(B)
Families shall be referred to the appropriate home visiting services
through the central intake and referral system created under section
5180.22 of the Revised Code.

(C)
To the extent possible, the goals of the help me grow program shall
be consistent with the goals of the federal home visiting program, as
specified by the maternal and child health bureau of the health
resources and services administration in the United States department
of health and human services or its successor.

(D)
The director of children and youth shall enter into an interagency
agreement with one or more state agencies, including the department
of developmental disabilities, department of job and family services,
department of medicaid, commission on minority health, Ohio
fatherhood commission, and children's trust fund board, to implement
the help me grow program, to ensure coordination of early childhood
programs, and to maximize reimbursement for the help me grow program
from any federal source.

In
addition to creating the central intake and referral system as
described in section 5180.22 of the Revised Code, the department of
children and youth shall ensure there is a consistent comprehensive
screening and connection program to support the coordination of home
visiting services across the state, including through the department
of health, department of developmental disabilities, department of
job and family services, department of medicaid, and commission on
minority health. Following the program's establishment, the
department of children and youth shall evaluate the program's
effectiveness in coordinating home visiting services at least once
annually.

(E)
The director may distribute help me grow program funds through
contracts, grants, or subsidies to entities providing services under
the program.

(F)
As a condition of receiving payments for home visiting services,
providers shall report to the director data on the program
performance indicators, specified in rules adopted under division (G)
of this section, that are used to assess progress toward achieving
all of the following:

(1)
The benchmark domains established for the federal home visiting
program, including improvement in maternal and newborn health;
reduction in child injuries, abuse, and neglect; improved school
readiness and achievement; reduction in crime and domestic violence;
and improved family economic self-sufficiency;

(2)
Improvement in birth outcomes and reduction in stillbirths, as that
term is defined in section 5180.12 of the Revised Code;

(3)
Reduction in tobacco use by pregnant women, new parents, and others
living in households with children.

The
providers shall report the data in the format and within the time
frames specified in the rules.

The
director shall prepare an annual report on the data received from the
providers. Each report shall include an evaluation addressing the
number of families and children served, the number and type of
services provided, health and developmental outcomes for
participating families and children, and variation in outcomes
between the types of home visiting programs specified in division
(B)(3) of section 5180.22 of the Revised Code. The director shall
submit the report to the general assembly in accordance with section
101.68 of the Revised Code and make the report available on the
internet web site maintained by the department of children and youth.

(G)
Pursuant to Chapter 119. of the Revised Code, the director shall
adopt rules that
are
necessary and proper to implement this section. The rules shall

specify
all of the following:

(1)
Subject to division (H) of this section, eligibility requirements for
home visiting services;

(2)
Eligibility requirements for providers of home visiting services;

(3)
Standards and procedures for the provision of program services,
including data collection, program monitoring, and program
evaluation;

(4)
Procedures for appealing the denial of an application for program
services or the termination of services;

(5)
Procedures for appealing the denial of an application to become a
provider of program services or the termination of the department's
approval of a provider;

(6)
Procedures for addressing complaints;

(7)
The program performance indicators on which data must be reported by
providers of home visiting services under division (F) of this
section, which, to the extent possible, shall be consistent with
federal reporting requirements for federally funded home visiting
services;

(8)
The format in which reports must be submitted under division (F) of
this section and the time frames within which the reports must be
submitted;

(9)
Criteria for payment of approved providers of program services
;

(10)
Any other rules necessary to implement the program
.

(H)
When adopting rules required by division (G)(1) of this section, the
director shall specify that families residing in the urban and rural
communities specified in rules adopted under section 3701.142 of the
Revised Code and families in the child welfare system are to receive
priority over other families for home visiting services.

(I)
The department, in collaboration with the departments of job and
family services and medicaid, shall propose strategies to increase
the workforce capacity of home visiting service providers and
parenting support professionals, including efforts to incentivize and
retain such providers and professionals in this state.

Sec.
5180.278.
The
director of children and youth shall adopt rules
that
are necessary for the implementation of sections 5180.27 to 5180.277
of the Revised Code, including rules
that
do all of the following:

(A)
Establish a procedure for the PAMR board to follow in conducting
pregnancy-associated death reviews;

(B)
Specify the data and other relevant information the board must use
when conducting pregnancy-associated death reviews;

(C)
Establish guidelines for the board to follow to prevent an
unauthorized dissemination of confidential information in violation
of division (B) of section 5180.275 of the Revised Code.

The
rules shall be adopted in accordance with Chapter 119. of the Revised
Code.

Sec.
5180.32.
The
director of children and youth shall adopt rules in accordance with
Chapter 119. of the Revised Code
that
are necessary to implement the state's part C early intervention
services program, including rules
that
specify all of the following:

(A)
Eligibility requirements to receive
part
C early intervention services
program
services;

(B)
Eligibility requirements to be a program service provider;

(C)
Operating standards and procedures for program service providers,
including standards and procedures governing data collection, program
monitoring, and program evaluation;

(D)
Procedures to appeal the denial of an application to receive program
services or the termination of program services;

(E)
Procedures to appeal a decision by the department of developmental
disabilities to deny an application to be a program service provider
or to terminate a provider's status;

(F)
Procedures for addressing complaints by persons who receive program
services;

(G)
Criteria for the payment of program service providers;

(H)
The metrics or indicators used to measure program service provider
performance.

Sec.
5180.404.
(A)
Notwithstanding any provision of the Revised Code that requires
confidentiality of information that is contained in the uniform
statewide automated child welfare information system established in
section 5180.40 of the Revised Code, the department of children and
youth shall adopt rules in accordance with Chapter 119. of the
Revised Code regarding a private child placing agency's or private
noncustodial agency's access, data entry, and use of information in
the uniform statewide automated child welfare information system.

(B)(1)
The department of children and youth may adopt rules in accordance
with section 111.15 of the Revised Code, as if they were internal
management rules, as necessary to carry out the purposes of sections
5180.40 to 5180.403 of the Revised Code.

(2)
(B)

The department may adopt rules in accordance with Chapter 119. of the
Revised Code as necessary to carry out the purposes of division
(A)(2) of section 5180.402 of the Revised Code.

(C)
Public children services agencies shall implement and use the
information system established pursuant to section 5180.40 of the
Revised Code in accordance with rules adopted by the department.

Sec.
5180.42.
(A)
As used in sections 5180.42 to 5180.4214 of the Revised Code:

(1)
"Adopted young adult" means a person:

(a)
Who was in the temporary or permanent custody of a public children
services agency;

(b)
Who was adopted at the age of sixteen or seventeen and attained the
age of sixteen before a Title IV-E adoption assistance agreement
became effective;

(c)
Who has attained the age of eighteen; and

(d)
Who has not yet attained the age of twenty-one.

(2)
"Child" means any of the following:

(a)
A person who meets the requirements of division (B)(3) of section
5153.01 of the Revised Code;

(b)
An adopted young adult;

(c)
An emancipated young adult.

(3)
"Emancipated young adult" means a person:

(a)
Who was in the temporary or permanent custody of a public children
services agency, a planned permanent living arrangement, or in the
Title-IV-E-eligible care and placement responsibility of a juvenile
court or other governmental agency that provides Title IV-E
reimbursable placement services;

(b)
Whose custody, arrangement, or care and placement was terminated on
or after the person's eighteenth birthday; and

(c)
Who has not yet attained the age of twenty-one.

(4)
"Kinship guardianship young adult" means an individual that
meets the following criteria:

(a)
Was in the temporary or permanent custody of a public children
services agency or a planned permanent living arrangement prior to
the commitment described in division (A)(4)(b) of this section;

(b)
Was committed to the legal custody or legal guardianship of a kinship
caregiver at the age of sixteen or seventeen and attained the age of
sixteen before a Title IV-E kinship guardianship assistance agreement
became effective;

(c)
Has attained the age of eighteen;

(d)
Has not yet attained the age of twenty-one.

(5)
"Relative" means, with respect to a child, any of the
following who is eighteen years of age or older:

(a)
The following individuals related by blood or adoption to the child:

(i)
Grandparents, including grandparents with the prefix "great,"
"great-great," or "great-great-great";

(ii)
Siblings;

(iii)
Aunts, uncles, nephews, and nieces, including such relatives with the
prefix "great," "great-great," "grand,"
or "great-grand";

(iv)
First cousins and first cousins once removed.

(b)
Stepparents and stepsiblings of the child;

(c)
Spouses and former spouses of individuals named in divisions
(A)(5)(a) and (b) of this section;

(d)
A legal guardian of the child;

(e)
A legal custodian of the child;

(f)
Any nonrelative adult that has a familiar and long-standing
relationship or bond with the child or the family, which relationship
or bond will ensure the child's social ties.

(6)
"Representative" means a person with whom the department of
children and youth has entered into a contract, pursuant to division
(B)(2)(b) of this section.

(7)
"Title IV-E" means Title IV-E of the "Social Security
Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.

(B)(1)
Except as provided in divisions (B)(2) and (3) of this section, the
department of children and youth shall act as the single state agency
to administer federal payments for foster care, kinship guardianship
assistance, and adoption assistance made pursuant to Title IV-E. The
director of children and youth shall adopt rules
to
implement this authority. Rules
governing
financial and administrative requirements applicable to public
children services agencies and government entities that provide Title
IV-E reimbursable placement services to children
,
and such rules

shall be adopted in accordance with section 111.15 of the Revised
Code, as if they were internal management rules. Rules governing
requirements applicable to private child placing agencies and private
noncustodial agencies and rules establishing eligibility, program
participation, and other requirements concerning Title IV-E shall be
adopted in accordance with Chapter 119. of the Revised Code. A public
children services agency to which the department distributes Title
IV-E funds shall administer the funds in accordance with
those

any
associated
rules.

(2)(a)
The department shall implement the state plan as amended under
section 5180.428 of the Revised Code if the general assembly has
appropriated sufficient funds to operate the program required under
the plan as amended.

(b)
The department shall have, exercise, and perform all new duties
required under the plan as amended. In doing so, the department may
contract with another person to carry out those new duties, to the
extent permitted under Title IV-E.

(3)
The department shall implement the state plan as amended under
section 5180.4213 of the Revised Code.

(C)(1)
Except with regard to the new duties imposed on the department or its
contractor under division (B)(2)(b) of this section that are not
imposed on the county, the county, on behalf of each child eligible
for foster care maintenance payments under Title IV-E, shall make
payments to cover the cost of providing all of the following:

(a)
The child's food, clothing, shelter, daily supervision, and school
supplies;

(b)
The child's personal incidentals;

(c)
Reasonable travel to the child's home for visitation.

(2)
In addition to payments made under division (C)(1) of this section,
the county may, on behalf of each child eligible for foster care
maintenance payments under Title IV-E, make payments to cover the
cost of providing the following:

(a)
Liability insurance with respect to the child;

(b)
If the county is participating in the demonstration project
established under division (A) of section 5180.421 of the Revised
Code, services provided under the project.

(3)
With respect to a child who is in a child-care institution, including
any type of group home designed for the care of children or any
privately operated program consisting of two or more certified foster
homes operated by a common administrative unit, the foster care
maintenance payments made by the county on behalf of the child shall
include the reasonable cost of the administration and operation of
the institution, group home, or program, as necessary to provide the
items described in divisions (C)(1) and (2) of this section.

(D)
To the extent that either foster care maintenance payments under
division (C) of this section, Title IV-E kinship guardianship
assistance, or Title IV-E adoption assistance payments for
maintenance costs require the expenditure of county funds, the board
of county commissioners shall report the nature and amount of each
expenditure of county funds to the department.

(E)
The department shall distribute to public children services agencies
that incur and report expenditures of the type described in division
(D) of this section federal financial participation received for
administrative and training costs incurred in the operation of foster
care maintenance, kinship guardianship assistance, and adoption
assistance programs. The department may withhold not more than three
per cent of the federal financial participation received. The funds
withheld may be used only to fund the following:

(1)
The Ohio child welfare training program established under section
5103.30 of the Revised Code;

(2)
The university partnership program for college and university
students majoring in social work who have committed to work for a
public children services agency upon graduation;

(3)
Efforts supporting organizational excellence, including voluntary
activities to be accredited by a nationally recognized accreditation
organization.

The
funds withheld shall be in addition to any administration and
training cost for which the department is reimbursed through its own
cost allocation plan.

(F)
All federal financial participation funds received by a county
pursuant to this section shall be deposited into the county's
children services fund created pursuant to section 5180.411 of the
Revised Code.

(G)(1)
The department shall periodically publish and distribute the maximum
amounts that the department will reimburse public children services
agencies for making payments on behalf of children eligible for
foster care maintenance payments.

(2)
The department may issue a request for proposals to establish
statewide rate cards for placement and care of children eligible for
foster care maintenance payments. If a request for proposals is
issued, the department shall review and accept the reasonable cost of
providing the items described in division (C) of this section. Foster
homes, as defined in section 5103.02 of the Revised Code, and kinship
caregivers, as defined in section 5101.85 of the Revised Code, shall
be exempt from the established statewide rates.

(H)
The department, by and through its director, is hereby authorized to
develop, participate in the development of, negotiate, and enter into
one or more interstate compacts on behalf of this state with agencies
of any other states, for the provision of social services to children
in relation to whom all of the following apply:

(1)
They have special needs.

(2)
This state or another state that is a party to the interstate compact
is providing kinship guardianship assistance or adoption assistance
on their behalf.

(3)
They move into this state from another state or move out of this
state to another state.

Sec.
5180.422.
(A)
In adopting rules
under
section 5180.42 of the Revised Code
regarding
financial requirements applicable to public children services
agencies, private child placing agencies, private noncustodial
agencies, and government entities that provide Title IV-E
reimbursable placement services to children, the department of
children and youth may establish both of the following:

(1)
A single form for the agencies or entities to report costs
reimbursable under Title IV-E and costs reimbursable under medicaid;

(2)
Procedures to monitor cost reports submitted by the agencies or
entities.

(B)
The procedures established under division (A)(2) of this section
shall be used to do both of the following:

(1)
Determine which of the costs are reimbursable under Title IV-E;

(2)
Ensure that costs reimbursable under medicaid are excluded from
determinations made under division (B)(1) of this section.

Sec.
5180.427.
In
addition to the remedies available under sections 5101.24 and
5180.423 of the Revised Code, the department of children and youth
may certify a claim to the attorney general under section 131.02 of
the Revised Code for the attorney general to take action under that
section against a public children services agency, private child
placing agency, private noncustodial agency, or government entity
that provides Title IV-E reimbursable placement services to children
if all of the following are the case:

(A)
The agency or entity files a cost report with the department pursuant
to rules

adopted under division (B) of section 5180.42 of the Revised Code
.

(B)
The department receives and distributes federal Title IV-E
reimbursement funds based on the cost report.

(C)
The agency's or entity's misstatement, misclassification,
overstatement, understatement, or other inclusion or omission of any
cost included in the cost report causes the United States department
of health and human services to disallow all or part of the federal
Title IV-E reimbursement funds the department received and
distributed.

(D)
The agency's or entity's misstatement, misclassification,
overstatement, understatement, or other inclusion or omission of any
cost included in the cost report is not the direct result of a
written directive concerning the agency or entity's cost report that
the department issued to the agency or entity.

Sec.
5180.4211.
(A)
The department of children and youth shall adopt rules
necessary
to carry out the purposes of sections 5180.428 to 5180.4210 of the
Revised Code, including rules that
to

do
all of the following:

(1)
Allow an emancipated young adult described in division (A)(1) of
section 5180.428 of the Revised Code who is directly receiving foster
care payments, or on whose behalf such foster care payments are
received, or an adopted young adult whose adoptive parents are
receiving adoption assistance payments, to maintain eligibility while
transitioning into, or out of, qualified employment or educational
activities;

(2)
Require that a thirty-day notice of termination be given by the
department to an emancipated young adult described in division (A)(1)
of section 5180.428 of the Revised Code who is receiving foster care
payments, or on whose behalf such foster care payments are received,
or to a parent receiving adoption assistance payments for an adopted
young adult described in division (B)(1) of section 5180.428 of the
Revised Code, who is determined to be ineligible for payments;

(3)
Establish the scope of practice and training necessary for case
managers and supervisors who care for emancipated young adults
described in division (A)(1) of section 5180.428 of the Revised Code
who are receiving foster care payments, or on whose behalf such
foster care payments are received, under section 5180.428 of the
Revised Code.

(B)
The department of children and youth shall create an advisory council
to evaluate and make recommendations for statewide implementation of
sections 5180.428 and 5180.429 of the Revised Code.

Sec.
5180.4214.
The
department of children and youth shall adopt rules
necessary
to carry out the purposes of sections 5180.42, 5180.428, and
5180.4213 of the Revised Code, and 42 U.S.C. 673(d) of the "Social
Security Act," including rules
that
do all of the following:

(A)
Allow a kinship guardianship young adult described in division (C) of
section 5180.428 of the Revised Code on whose behalf kinship
guardianship assistance is received, to maintain eligibility while
transitioning into, or out of, qualified employment or educational
activities;

(B)
Require that a thirty-day notice of termination be given by the
department to a person receiving kinship guardianship assistance for
a kinship guardianship young adult described in division (C) of
section 5180.428 of the Revised Code, who is determined to be
ineligible for assistance.

Sec.
5180.43.
(A)(1)
If, after a child's adoption is finalized, the department of children
and youth considers the child to be in need of public care or
protective services, the department may, to the extent state funds
are available for this purpose, enter into an agreement with the
child's adoptive parent under which the department may make post
adoption special services subsidy payments on behalf of the child as
needed when both of the following apply:

(a)
The child has a physical or developmental disability or mental or
emotional condition that either:

(i)
Existed before the adoption petition was filed; or

(ii)
Developed after the adoption petition was filed and can be directly
attributed to factors in the child's preadoption background, medical
history, or biological family's background or medical history.

(b)
The department determines the expenses necessitated by the child's
disability or condition are beyond the adoptive parent's economic
resources.

(2)
Services for which the department may make post adoption special
services subsidy payments on behalf of a child under this section
shall include medical, surgical, psychiatric, psychological, and
counseling services, including residential treatment.

(3)
The department shall establish clinical standards to evaluate a
child's physical or developmental disability or mental or emotional
condition and assess the child's need for services.

(4)
The total dollar value of post adoption special services subsidy
payments made on a child's behalf shall not exceed ten thousand
dollars in any fiscal year, unless the department determines that
extraordinary circumstances exist that necessitate further funding of
services for the child. Under such extraordinary circumstances, the
value of the payments made on the child's behalf shall not exceed
fifteen thousand dollars in any fiscal year.

(5)
The adoptive parent or parents of a child who receives post adoption
special services subsidy payments shall pay at least five per cent of
the total cost of all services provided to the child; except that the
department may waive this requirement if the gross annual income of
the child's adoptive family is not more than two hundred per cent of
the federal poverty guideline.

(6)
The department may use other sources of revenue to make post adoption
special services subsidy payments, in addition to any state funds
appropriated for that purpose.

(7)
The department may contract with another person to carry out any of
the duties described in this section.

(B)
No payment shall be made on behalf of any person eighteen years of
age or older beyond the end of the school year during which the
person attains the age of eighteen or on behalf of a mentally or
physically disabled person twenty-one years of age or older.

(C)
The director of children and youth shall adopt rules in accordance
with Chapter 119. of the Revised Code necessary to implement this
section. The rules shall establish all of the following:

(1)
The application process for all forms of assistance provided under
this section;

(2)
Standards for determining the children who qualify to receive
assistance provided under this section;

(3)
The method of determining the amount, duration, and scope of services
provided to a child;

(4)
The method of transitioning the post adoption special services
subsidy program from public children services agencies to the
department
;

(5)
Any other rule, requirement, or procedure the department considers
appropriate for the implementation of this section
.

Sec.
5180.453.
(A)

The
director of children and youth shall adopt rules to administer and
implement the Ohio adoption grant program.

The director

of children and youth
,
in consultation with the tax commissioner, shall
also

adopt
rules authorizing the department to withhold and remit to the
Internal Revenue Service federal income tax from grant payments under
division (B) of section 5180.451 of the Revised Code, provided such
withholding is authorized under federal law or approved by the
Internal Revenue Service.

(B)
No application fee shall be charged for the grant program.

(C)
Notwithstanding any law to the contrary, the director may require, as
necessary to administer the Ohio adoption grant program, either or
both of the following:

(1)
Certified copies of any court or legal document necessary to prove a
final order of adoption, an interlocutory order of adoption, or
recognition of the adoption under section 3107.18 of the Revised
Code;

(2)
Any department, agency, court, or division of the state, including
the department of health, to provide any document related to the
adoption.

(D)(1)
No person shall knowingly produce or submit any false or misleading
documentation or information to the department of children and youth
in an effort to qualify for or obtain a grant from the Ohio adoption
grant program.

(2)
Whoever violates division (D)(1) of this section is guilty of
falsification in accordance with section 2921.13 of the Revised Code.

(E)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in a rule adopted
under section 5180.453 of the Revised Code is not subject to sections
121.95 to 121.953 of the Revised Code.

Sec.
5180.52.
(A)
As used in this section:

(1)
"Custodian," "guardian," and "minor child"
have the same meanings as in section 5107.02 of the Revised Code.

(2)
"Federal poverty guidelines" has the same meaning as in
section 5101.46 of the Revised Code.

(3)
"Kinship caregiver" has the same meaning as in section
5180.50 of the Revised Code.

(B)
Subject to division (E) of section 5101.801 of the Revised Code,
there is hereby created the kinship permanency incentive program to
promote permanency for a minor child in the legal and physical
custody of a kinship caregiver. The program shall provide an initial
one-time incentive payment to the kinship caregiver to defray the
costs of initial placement of the minor child in the kinship
caregiver's home. The program may provide additional permanency
incentive payments for the minor child at six-month intervals, based
on the availability of funds. An eligible caregiver may receive a
maximum of eight incentive payments per minor child.

(C)
A kinship caregiver may participate in the program if all of the
following requirements are met:

(1)
The kinship caregiver applies to a public children services agency in
accordance with the application process established in rules
authorized by division (E) of this section;

(2)
Not earlier than July 1, 2005, a juvenile court issues an order
granting legal custody to the kinship caregiver, or a probate court
grants guardianship to the kinship caregiver, except that a temporary
court order is not sufficient to meet this requirement;

(3)
The kinship caregiver is either the minor child's custodian or
guardian;

(4)
The minor child resides with the kinship caregiver pursuant to a
placement approval process established in rules authorized by
division (E) of this section;

(5)
Excluding any income excluded under rules adopted under division (E)
of this section, the gross income of the kinship caregiver's family,
including the minor child, does not exceed three hundred per cent of
the federal poverty guidelines.

(6)
The kinship caregiver is not receiving kinship guardianship
assistance under Title IV-E of the "Social Security Act,"
42 U.S.C. 673(d), as amended, or the program described in section
5180.428 of the Revised Code or the program described in section
5153.163 of the Revised Code.

(D)
Public children services agencies shall make initial and ongoing
eligibility determinations for the kinship permanency incentive
program in accordance with rules authorized by division (E) of this
section. The director of children and youth shall supervise public
children services agencies' duties under this section.

(E)
The director of children and youth shall adopt rules
under
division (C) of section 5101.801 of the Revised Code as necessary to
implement the kinship permanency incentive program. The rules shall

to

establish
all of the following:

(1)
The application process for the program;

(2)
The placement approval process through which a minor child is placed
with a kinship caregiver for the kinship caregiver to be eligible for
the program;

(3)
The initial and ongoing eligibility determination process for the
program, including the computation of income eligibility;

(4)
The amount of the incentive payments provided under the program;

(5)
The method by which the incentive payments are provided to a kinship
caregiver.

(F)
The amendments made to this section by Am. Sub. H.B. 119 of the 127th
general assembly shall not affect the eligibility of any kinship
caregiver whose eligibility was established before June 30, 2007.

Sec.
5180.53.
As
used in sections 5180.531 to
5180.536

5180.535

of
the Revised Code:

(A)
"Cost-of-living adjustment" has the same meaning as in
section 5107.04 of the Revised Code.

(B)
"Kinship caregiver" has the same meaning as in section
5180.50 of the Revised Code.

Sec.
5180.71.
(A)
Subject to division (E) of section 5101.801 of the Revised Code,
there is hereby created the Ohio parenting and pregnancy program to
provide services for pregnant women and parents or other relatives
caring for children twelve months of age or younger that do both of
the following:

(1)
Promote childbirth, parenting, and alternatives to abortion;

(2)
Meet one or more of the four purposes of the temporary assistance for
needy families block grant as specified in 42 U.S.C. 601.

(B)
To the extent permitted by federal law, the department of children
and youth may provide funds under the program to entities with which
the department enters into agreements under division (B)(3) of
section 5101.801 of the Revised Code. In accordance with criteria the
department develops, the department may solicit proposals from
entities seeking to provide services under the program. The
department may enter into an agreement with an entity only if it
meets all of the following conditions:

(1)
Is a private, not-for-profit entity;

(2)
Is an entity whose primary purpose is to promote childbirth, rather
than abortion, through counseling and other services, including
parenting and adoption support;

(3)
Provides services to pregnant women and parents or other relatives
caring for children twelve months of age or younger, including
clothing, counseling, diapers, food, furniture, health care,
parenting classes, postpartum recovery, shelter, and any other
supportive services, programs, or related outreach;

(4)
Does not charge pregnant women and parents or other relatives caring
for children twelve months of age or younger a fee for any services
received;

(5)
Is not involved in or associated with any abortion activities,
including providing abortion counseling or referrals to abortion
clinics, performing abortion-related medical procedures, or engaging
in pro-abortion advertising;

(6)
Does not discriminate in its provision of services on the basis of
race, religion, color, age, marital status, national origin,
disability, or gender.

(C)
An entity that has entered into an agreement with the department
under division (B)(3) of section 5101.801 of the Revised Code may
enter into a subcontract with another entity under which the other
entity provides all or part of the services described in division
(B)(3) of this section. A subcontract may be entered into with
another entity only if that entity meets all of the following
conditions:

(1)
Is a private, not-for-profit entity;

(2)
Is physically and financially separate from any entity, or component
of an entity, that engages in abortion activities;

(3)
Is not involved in or associated with any abortion activities,
including providing abortion counseling or referrals to abortion
clinics, performing abortion-related medical procedures, or engaging
in pro-abortion advertising.

(D)
The director of children and youth shall adopt rules under division
(C) of section 5101.801 of the Revised Code as necessary to implement
the Ohio parenting and pregnancy program.

Sec.
5180.72.
(A)
There is hereby created in the state treasury the "choose life"
fund. The fund shall consist of the contributions that are paid to
the registrar of motor vehicles by applicants who voluntarily elect
to obtain "choose life" license plates pursuant to section
4503.91 of the Revised Code and any money returned to the fund under
division (E)(1)(d) of this section. All investment earnings of the
fund shall be credited to the fund.

(B)(1)
At least annually, the director of children and youth shall
distribute the money in the fund to any private, nonprofit
organization that is eligible to receive funds under this section and
that applies for funding under division (C) of this section.

(2)
The director shall allocate the funds to each county in proportion to
the number of "choose life" license plates issued during
the preceding year to vehicles registered in each county. The
director shall distribute funds allocated for a county as follows:

(a)
To one or more eligible organizations located within the county;

(b)
If no eligible organization located within the county applies for
funding, to one or more eligible organizations located in contiguous
counties;

(c)
If no eligible organization located within the county or a contiguous
county applies for funding, to one or more eligible organizations
within any other county.

(3)
The director shall ensure that any funds allocated for a county are
distributed equally among eligible organizations that apply for
funding within the county.

(C)
Any organization seeking funds under this section annually shall
apply for distribution of the funds based on the county in which the
organization is located. An organization also may apply for funding
in a county in which it is not located if it demonstrates that it
provides services for pregnant women residing in that county. The
director shall develop an application form and may determine the
schedule and procedures that an organization shall follow when
annually applying for funds. The application shall inform the
applicant of the conditions for receiving and using funds under
division (E) of this section. The application shall require evidence
that the organization meets all of the following requirements:

(1)
Is a private, nonprofit organization;

(2)
Is committed to counseling pregnant women about the option of
adoption;

(3)
Provides services within the state to pregnant women who are planning
to place their children for adoption, including counseling and
meeting the material needs of the women;

(4)
Does not charge women for any services received;

(5)
Is not involved or associated with any abortion activities, including
counseling for or referrals to abortion clinics, providing medical
abortion-related procedures, or pro-abortion advertising;

(6)
Does not discriminate in its provision of any services on the basis
of race, religion, color, age, marital status, national origin,
disability, gender, or age;

(7)
If the organization is applying for funding in a county in which it
is not located, provides services for pregnant women residing in that
county.

(D)
The director shall not distribute funds to an organization that does
not provide verifiable evidence of the requirements specified in the
application under division (C) of this section and shall not provide
additional funds to any organization that fails to comply with
division (E) of this section in regard to its previous receipt of
funds under this section.

(E)(1)
An organization receiving funds under this section shall do all of
the following:

(a)
Use not more than sixty per cent of the funds distributed to it for
the material needs of pregnant women who are planning to place their
children for adoption or for infants awaiting placement with adoptive
parents, including clothing, housing, medical care, food, utilities,
and transportation;

(b)
Use not more than forty per cent of the funds distributed to it for
counseling, training, or advertising;

(c)
Not use any of the funds distributed to it for administrative
expenses, legal expenses, or capital expenditures;

(d)
Annually return to the fund created under division (A) of this
section any unused money that exceeds ten per cent of the money
distributed to the organization.

(2)
The organization annually shall submit to the director an audited
financial statement verifying its compliance with division (E)(1) of
this section.

(F)

The
director, in accordance with Chapter 119. of the Revised Code, shall
adopt rules to implement this section.

It

It

is
not the intent of the general assembly that the department create a
new position within the department to implement and administer this
section. It is the intent of the general assembly that the
implementation and administration of this section be accomplished by
existing department personnel.

(G)
If funds that have been allocated to a county for any previous year
have not been distributed to one or more eligible organizations, the
director may distribute those funds in accordance with this section.

Sec.
5301.254.
(A)
For the purposes of this section, "nonresident alien" means
any individual who is not a citizen of, and is not domiciled in, the
United States.

(B)
Every nonresident alien who acquires any interest either in
his
the
nonresident alien's

own name or in the name of another, in real property located in this
state that is in excess of three acres or that has a market value
greater than one hundred thousand dollars or any interest in and to
minerals, and any mining or other rights appurtenant thereto or in
connection therewith that has a market value in excess of fifty
thousand dollars shall, within thirty days of the acquisition of the
interest in the property, together with a filing fee of five dollars,
submit to the secretary of state on forms prescribed by
him
the
secretary of state

all of the following information:

(1)
Name, address, and telephone number;

(2)
Country of citizenship;

(3)
Location and amount of acreage of real property;

(4)
Intended use of real property at the time of filing.

(C)
Every corporation or other business entity that is created or
organized under the laws of any state or a foreign nation or that has
its principal place of business in a foreign nation, in which a
nonresident alien acquires at least ten per cent of the shares of
stock or other interests or in which any number of nonresident aliens
acquire at least forty per cent of the shares of stock or other
interests, and which acquires any interest either in its own name or
in the name of another, in real property located in this state that
is in excess of three acres or that has a market value greater than
one hundred thousand dollars or any interest in and to minerals, and
any mining or other rights appurtenant thereto or exercisable in
connection therewith that has a market value in excess of fifty
thousand dollars shall, within thirty days of acquisition of the
interest in the property, together with a filing fee of twenty-five
dollars, submit to the secretary of state on forms prescribed by

him
the
secretary of state

all of the following information:

(1)
Name, address of principal place of business, and address of
principal Ohio office;

(2)
Name, address, telephone number, and country of citizenship of each
nonresident alien who owns at least ten per cent of the shares of
stock or other interests, if any;

(3)
The percentage, within five percentage points, of shares of stock or
other interests controlled by the nonresident aliens of each country
represented by them if such interests exceed five per cent;

(4)
Location and amount of acreage of real property;

(5)
Principal business of corporation or entity;

(6)
Intended use of real property at the time of filing;

(7)

Chairman
Chairperson

of the governing board, if any, chief executive, if any, and
partners, if any;

(8)
Corporation's or entity's agent in this state;

(9)
Place of incorporation, if a corporation;

(10)
Number of persons who own shares of stock or other interests.

(D)
If the ownership or control of a corporation or other business entity
that is required in division (C) of this section to file with the
secretary of state changes in such a way that the information
contained on the filing form is no longer accurate, the corporation
or other business entity shall notify the secretary of state in
writing of such change within thirty days of the occurrence of the
change.

If
the ownership or control of a corporation or other business entity
that owns real property in an amount larger than three acres or that
has a market value greater than one hundred thousand dollars or that
owns any interest in and to minerals, and any mining or other rights
appurtenant thereto or exercisable in connection therewith that has a
market value in excess of fifty thousand dollars changes in such a
way that a nonresident alien acquires at least ten per cent of the
shares of stock or other interests or any number of nonresident
aliens acquire at least forty per cent of the shares of stock or
other interests, the corporation or other business entity shall file
with the secretary of state as required in division (C) of this
section within thirty days of the occurrence of the change.

If
a nonresident alien who is required to file with the secretary of
state in division (B) of this section becomes a resident alien or a
citizen of the United States,
he
the
former nonresident alien

shall notify the secretary of state in writing of the change in
his

status
within thirty days of the change.

If
a nonresident alien or a corporation or other business entity that is
required to file with the secretary of state pursuant to this section
sells the real property or mineral or mining rights that were
reported to the secretary of state, the nonresident alien or
corporation or other business entity shall notify the secretary of
state in writing of the sale within thirty days of the sale.

(E)
The secretary of state shall:

(1)
Prescribe all forms
and
make all rules
that
are necessary for the implementation of this section;

(2)
Maintain accurate records of the information that
he
the
secretary of state

receives pursuant to this section and make such information available
to the public;

(3)
Annually report this information, itemized by county, to the general
assembly.

(F)
No nonresident alien or corporation or other business entity that is
required to file with the secretary of state pursuant to this section
shall fail to comply with this section. Either the county prosecutor
of the county in which the real property or the mineral or mining
rights are located or the attorney general may bring action against
any alleged offender. The secretary of state may request a county
prosecutor or the attorney general to bring such an action.

(G)
The filing of the information required by this section shall not be
construed to perfect any interests permitted to be perfected under
Title XIII of the Revised Code by filing with the secretary of state.

Sec.
5315.02.
To
assist in the establishment of the D.O.L.L.A.R. deed program, the
Ohio housing finance agency shall adopt in rule all of the following:

(A)
A model form by which a person may apply to participate in the
program;

(B)
A model for the deed, which
act

shall

act

as
the deed in lieu of foreclosure described in division (A)(1) of
section 5315.04 of the Revised Code;

(C)
A model for the lease with option to purchase agreement described in
divisions (A)(2) and (3) of section 5315.04 of the Revised Code
;

(D)
Any other rules necessary to implement this chapter
.

Sec.
5501.311.
(A)
Notwithstanding sections 123.01 and 127.16 of the Revised Code the
director of transportation may lease or lease-purchase all or any
part of a transportation facility to or from one or more persons, one
or more governmental agencies, a transportation improvement district,
or any combination thereof, and may grant leases, easements, or
licenses for lands under the control of the department of
transportation.

The director may adopt rules necessary to give effect to this
section.

(B)
Plans and specifications for the construction of a transportation
facility under a lease or lease-purchase agreement are subject to
approval of the director and must meet or exceed all applicable
standards of the department.

(C)
Any lease or lease-purchase agreement under which the department is
the lessee shall be for a period not exceeding the then current
two-year period for which appropriations have been made by the
general assembly to the department, and such agreement may contain
such other terms as the department and the other parties thereto
agree, notwithstanding any other provision of law, including
provisions that rental payments in amounts sufficient to pay bond
service charges payable during the current two-year lease term shall
be an absolute and unconditional obligation of the department
independent of all other duties under the agreement without set-off
or deduction or any other similar rights or defenses. Any such
agreement may provide for renewal of the agreement at the end of each
term for another term, not exceeding two years, provided that no
renewal shall be effective until the effective date of an
appropriation enacted by the general assembly from which the
department may lawfully pay rentals under such agreement. Any such
agreement may include, without limitation, any agreement by the
department with respect to any costs of transportation facilities to
be included prior to acquisition and construction of such
transportation facilities. Any such agreement shall not constitute a
debt or pledge of the faith and credit of the state, or of any
political subdivision of the state, and the lessor shall have no
right to have taxes or excises levied by the general assembly, or the
taxing authority of any political subdivision of the state, for the
payment of rentals thereunder. Any such agreement shall contain a
statement to that effect.

(D)
A municipal corporation, township, or county may use service payments
in lieu of taxes credited to special funds or accounts pursuant to
sections 5709.43, 5709.47, 5709.75, and 5709.80 of the Revised Code
to provide its contribution to the cost of a transportation facility,
provided such facility was among the purposes for which such service
payments were authorized. The contribution may be in the form of a
lump sum or periodic payments.

(E)
Pursuant to the "Telecommunications Act of 1996," 110 Stat.
152, 47 U.S.C. 332 note, the director may grant a lease, easement, or
license in a transportation facility to a telecommunications service
provider for construction, placement, or operation of a
telecommunications facility. An interest granted under this division
is subject to all of the following conditions:

(1)
The transportation facility is owned in fee simple or easement by
this state at the time the lease, easement, or license is granted to
the telecommunications provider.

(2)
The lease, easement, or license shall be granted on a competitive
basis in accordance with policies and procedures to be determined by
the director. The policies and procedures may include provisions for
master leases for multiple sites.

(3)
The telecommunications facility shall be designed to accommodate the
state's multi-agency radio communication system, the intelligent
transportation system, and the department's communication system as
the director may determine is necessary for highway or other
departmental purposes.

(4)
The telecommunications facility shall be designed to accommodate such
additional telecommunications equipment as may feasibly be co-located
thereon as determined in the discretion of the director.

(5)
The telecommunications service providers awarded the lease, easement,
or license, agree to permit other telecommunications service
providers to co-locate on the telecommunications facility, and agree
to the terms and conditions of the co-location as determined in the
discretion of the director.

(6)
The director shall require indemnity agreements in favor of the
department as a condition of any lease, easement, or license granted
under this division. Each indemnity agreement shall secure this state
and its agents from liability for damages arising out of safety
hazards, zoning, and any other matter of public interest the director
considers necessary.

(7)
The telecommunications service provider fully complies with any
permit issued under section 5515.01 of the Revised Code pertaining to
land that is the subject of the lease, easement, or license.

(8)
All plans and specifications shall meet with the director's approval.

(9)
Any other conditions the director determines necessary.

(F)
In accordance with section 5501.031 of the Revised Code, to further
efforts to promote energy conservation and energy efficiency, the
director may grant a lease, easement, or license in a transportation
facility to a utility service provider that has received its
certificate from the Ohio power siting board or appropriate local
entity for construction, placement, or operation of an alternative
energy generating facility service provider as defined in section
4928.64 of the Revised Code. An interest granted under this division
is subject to all of the following conditions:

(1)
The transportation facility is owned in fee simple or in easement by
this state at the time the lease, easement, or license is granted to
the utility service provider.

(2)
The lease, easement, or license shall be granted on a competitive
basis in accordance with policies and procedures to be determined by
the director. The policies and procedures may include provisions for
master leases for multiple sites.

(3)
The alternative energy generating facility shall be designed to
provide energy for the department's transportation facilities with
the potential for selling excess power on the power grid, as the
director may determine is necessary for highway or other departmental
purposes.

(4)
The director shall require indemnity agreements in favor of the
department as a condition of any lease, easement, or license granted
under this division. Each indemnity agreement shall secure this state
from liability for damages arising out of safety hazards, zoning, and
any other matter of public interest the director considers necessary.

(5)
The alternative energy service provider fully complies with any
permit issued by the Ohio power siting board under Chapter 4906. of
the Revised Code and complies with section 5515.01 of the Revised
Code pertaining to land that is the subject of the lease, easement,
or license.

(6)
All plans and specifications shall meet with the director's approval.

(7)
Any other conditions the director determines necessary.

(G)
Money the department receives under this section shall be deposited
into the state treasury to the credit of the highway operating fund.

(H)
A lease, easement, or license granted under division (E) or (F) of
this section, and any telecommunications facility or alternative
energy generating facility relating to such interest in a
transportation facility, is hereby deemed to further the essential
highway purpose of building and maintaining a safe, energy-efficient,
and accessible transportation system.

Sec.
5501.51.
(A)
The state shall reimburse a utility for the cost of relocation of
utility facilities necessitated by the construction of a highway
project only in the event that the utility can evidence a vested
interest in the nature of a fee interest, an easement interest, or a
lesser estate in the real property it occupies in the event that the
utility possesses a vested interest in such property. The utility
shall present evidence satisfactory to the state substantiating the
cost of relocation. The director may audit all financial records
which the director determines necessary to verify such actual costs.

(B)

The
director of transportation may establish and enforce such rules and
procedures as the director may determine to be necessary to assure
consistency governing any and all aspects of the cost of utility
relocations. The director may adopt such amendments to such rules as
are necessary and within the guidelines of this section.

(C)

As
used in this section:

(1)
"Cost of relocation" includes the actual cost paid by a
utility directly attributable to relocation after deducting any
increase in the value of the new facility and any salvage value
derived from the old facility.

(2)
"Utility" includes all of the following:

(a)
Publicly, privately, and cooperatively owned utilities that are
subject to the authority of the public utilities commission of Ohio;

(b)
A cable operator as defined in the "Cable Communications Policy
Act of 1984," 98 Stat. 2780, 47 U.S.C. 522, as amended by the
"Telecommunications Act of 1996," 110 Stat. 56, 47 U.S.C.
151, and includes the provision of other information or
telecommunications services, or both;

(c)
An electric cooperative and a municipal electric utility, both as
defined in section 4928.01 of the Revised Code;

(d)
County-owned or county-operated water and sewer facilities.

Sec.
5502.011.
(A)
As used in this section, "department of public safety" and
"department" include all divisions within the department of
public safety.

(B)
The director of public safety is the chief executive and
administrative officer of the department. The director may establish
policies governing the department, the performance of its employees
and officers, the conduct of its business, and the custody, use, and
preservation of departmental records, papers, books, documents, and
property. The director also may authorize and approve investigations
to be conducted by any of the department's divisions. Whenever the
Revised Code imposes a duty upon or requires an action of the
department, the director may perform the action or duty in the name
of the department or direct such performance to be performed by the
director's designee.

(C)
In addition to any other duties enumerated in the Revised Code, the
director or the director's designee shall do all of the following:

(1)
Administer and direct the performance of the duties of the
department;

(2)

Pursuant
to Chapter 119. of the Revised Code, approve, adopt, and prescribe
such forms and rules as are necessary to carry out the duties of the
department;

(3)

On
behalf of the department and in addition to any authority the Revised
Code otherwise grants to the department, have the authority and
responsibility for approving and entering into contracts, agreements,
and other business arrangements;

(4)
(3)

Make appointments for the department as needed to comply with
requirements of the Revised Code;

(5)
(4)

Approve employment actions of the department, including appointments,
promotions, discipline, investigations, and terminations;

(6)
(5)

Accept, hold, and use, for the benefit of the department, any gift,
donation, bequest, or devise, and may agree to and perform all
conditions of the gift, donation, bequest, or devise, that are not
contrary to law;

(7)
(6)

Apply for, allocate, disburse, and account for grants made available
under federal law or from other federal, state, or private sources;

(8)
(7)

Develop a list of disqualifying offenses for licensure as a private
investigator or a security guard provider pursuant to sections 9.79,
4749.03, 4749.04, 4749.10, and 4776.10 of the Revised Code;

(9)
(8)

Do all other acts
,
except adopting rules that the Revised Code does not specifically
authorize the director or the director's designee to adopt, that are

necessary or desirable to carry out this chapter.

(D)(1)
The director of public safety may assess a reasonable fee, plus the
amount of any charge or fee passed on from a financial institution,
on a drawer or indorser for each of the following:

(a)
A check, draft, or money order that is returned or dishonored;

(b)
An automatic bank transfer that is declined, due to insufficient
funds or for any other reason;

(c)
Any financial transaction device that is returned or dishonored for
any reason.

(2)
The director shall deposit any fee collected under this division in
an appropriate fund as determined by the director based on the tax,
fee, or fine being paid.

(3)
As used in this division, "financial transaction device"
has the same meaning as in section 113.40 of the Revised Code.

(E)(1)
The director shall establish a homeland security advisory council to
advise the director on homeland security, including homeland security
funding efforts.

(2)
The advisory council shall consist of the following members, who
shall serve without compensation:

(a)
The secretary of state;

(b)
State and local government officials, appointed by the director, who
have homeland security or emergency management responsibilities and
who represent first responders;

(c)
Any other members appointed by the director.

Sec.
5502.22.
(A)
There is hereby established within the department of public safety an
emergency management agency, which shall be governed under rules
adopted by the director of public safety under
section
5502.25
Chapter
119.
of
the Revised Code. The director, with the concurrence of the governor,
shall appoint an executive director, who shall be head of the
emergency management agency. The executive director may appoint a
chief executive assistant, executive assistants, and administrative
and technical personnel within that agency as may be necessary to
plan, organize, and maintain emergency management adequate to the
needs of the state. The executive director shall coordinate all
activities of all agencies for emergency management within the state,
shall maintain liaison with similar agencies of other states and of
the federal government, shall cooperate with those agencies subject
to the approval of the governor, and shall develop a statewide
emergency operations plan that shall meet any applicable federal
requirements for such plans. The executive director shall have such
additional authority, duties, and responsibilities as are prescribed
by the governor and the director or provided by law in all matters
relating to emergency management that may be reflected in other
sections of the Revised Code. The executive director shall advise the
governor and director on matters pertaining to emergency management
on a regular basis.

Whenever
the disaster services agency or director is referred to or designated
in any statute, rule, contract, or other document, the reference or
designation shall be deemed to refer to the emergency management
agency or executive director, as the case may be.

(B)
For the purposes of emergency management, the executive director,
with the approval of the director, may participate in federal
programs, accept grants from, and enter into cooperative agreements
or contractual arrangements with any federal, state, or local
department, agency, or subdivision thereof, or any other person or
body politic. Whenever the duties of the emergency management agency
overlap with rights or duties of other federal, state, or local
departments, agencies, subdivisions, or officials, or private
agencies, the executive director shall cooperate with, and not
infringe upon the rights and duties of, the other public or private
entities.

Funds
made available by the United States for the use of the emergency
management agency shall be expended by that agency only for the
purposes for which the funds were appropriated. In accepting federal
funds, the emergency management agency shall abide by the terms and
conditions of the grant, cooperative agreement, or contractual
arrangement and shall expend the funds in accordance with the laws
and regulations of the United States.

Sec.
5502.26.
(A)
The board of county commissioners of a county and the chief executive
of all or a majority of the other political subdivisions within the
county may enter into a written agreement establishing a countywide
emergency management agency.

A
representative from each political subdivision entering into the
agreement, selected by the political subdivision's chief executive,
shall constitute a countywide advisory group for the purpose of
appointing an executive committee under this section through which
the countywide agency shall implement emergency management in the
county in accordance with this section and for the purpose of
advising the executive committee on matters pertaining to countywide
emergency management. The executive committee shall consist of at
least the following seven members: one county commissioner
representing the board of county commissioners entering into the
agreement; five chief executives representing the municipal
corporations and townships entering into the agreement; and one
nonelected representative. The countywide agreement shall specify how
many additional members, if any, shall serve on the executive
committee and their manner of selection.

The
agency shall be supported financially by the political subdivisions
entering into the countywide agreement. The executive committee shall
appoint a director/coordinator of emergency management who shall
pursue a professional development training program in accordance with
rules adopted
by
the director of public safety
under

section
5502.25
Chapter
119.
of
the Revised Code. The director/coordinator of emergency management
may be an official or employee of any political subdivision entering
into the countywide agreement, except that the director/coordinator
shall not be the chief executive of any such political subdivision.

A
countywide emergency management agency organized under this section
shall establish a program for emergency management that:

(1)
Is in accordance with sections 5502.21 to 5502.51 of the Revised
Code, rules adopted under those sections, local ordinances pertaining
to emergency management, the "Robert T. Stafford Disaster Relief
and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et
.

seq., as amended, and all applicable rules and regulations adopted
under that act;

(2)
Includes, without limitation, development of an all-hazards emergency
operations plan that has been coordinated with all agencies, boards,
and divisions having emergency management functions within the
county;

(3)
Includes the preparation and conduct of an annual exercise of the
county's all-hazards emergency operations plan;

(4)
Is applicable to all political subdivisions entering into the
countywide agreement.

The
director/coordinator of emergency management for a countywide agency
organized under this section shall be responsible for coordinating,
organizing, administering, and operating emergency management in
accordance with the agency's program established under this section,
subject to the direction and control of the executive committee. All
agencies, boards, and divisions having emergency management functions
within each political subdivision within the county shall cooperate
in the development of the all-hazards emergency operations plan and
shall cooperate in the preparation and conduct of the annual
exercise.

(B)
Nothing in this section requires any political subdivision that is
located within a county that has entered into a written agreement
under this section establishing a countywide emergency management
agency to enter into that agreement, provided that the political
subdivision has established a program for emergency management in
accordance with section 5502.271 of the Revised Code.

(C)
A countywide emergency management agency shall be considered a county
board and shall receive the services of the auditor, treasurer, and
prosecuting attorney of the county in the same manner as other county
agencies, boards, or divisions.

Sec.
5502.27.
(A)
In lieu of establishing a countywide emergency management agency
under section 5502.26 of the Revised Code, the boards of county
commissioners of two or more counties, with the consent of the chief
executives of a majority of the participating political subdivisions
of each county involved, may enter into a written agreement
establishing a regional authority for emergency management.

A
representative from each political subdivision entering into the
agreement, selected by the political subdivision's chief executive,
shall constitute a regional advisory group for the purpose of
appointing an executive committee under this section through which
the regional authority shall implement emergency management in the
counties in accordance with this section and for the purpose of
advising the executive committee on matters pertaining to regional
emergency management. The executive committee shall consist of at
least the following nine members: two county commissioners
representing the boards of county commissioners entering into the
agreement; six chief executives representing the municipal
corporations and townships entering into the agreement; and one
nonelected representative. The regional agreement shall specify how
many additional members, if any, shall serve on the executive
committee and their manner of selection.

The
authority shall be supported financially by the political
subdivisions entering into the regional agreement. The executive
committee shall appoint a director/coordinator of emergency
management who shall pursue a professional development training
program in accordance with rules adopted
by
the director of public safety
under

section
5502.25
Chapter
119.
of
the Revised Code. The director/coordinator of emergency management
may be an official or employee of any political subdivision entering
into the regional agreement, except that the director/coordinator
shall not be the chief executive of any such political subdivision.

A
regional authority for emergency management organized under this
section shall establish a program for emergency management that:

(1)
Is in accordance with sections 5502.21 to 5502.51 of the Revised
Code, rules adopted under those sections, local ordinances pertaining
to emergency management, the "Robert T. Stafford Disaster Relief
and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et.
seq., as amended, and all applicable rules and regulations adopted
under that act;

(2)
Includes, without limitation, development of an all-hazards emergency
operations plan that has been coordinated with all agencies, boards,
and divisions having emergency management functions within the
regional authority;

(3)
Includes the preparation and conduct of an annual exercise of the
regional authority's all-hazards emergency operations plan;

(4)
Is applicable to all political subdivisions entering into the
regional agreement.

The
director/coordinator of emergency management for a regional authority
organized under this section shall be responsible for coordinating,
organizing, administering, and operating emergency management in
accordance with the authority's program established under this
section, subject to the direction and control of the executive
committee. All agencies, boards, and divisions having emergency
management functions within each political subdivision within the
regional authority shall cooperate in the development of the
all-hazards emergency operations plan and shall cooperate in the
preparation and conduct of the annual exercise.

(B)
Nothing in this section requires any political subdivision that is
located within a county that has entered into a written agreement
under this section establishing a regional authority for emergency
management to enter into that agreement, provided that the political
subdivision has established a program for emergency management in
accordance with section 5502.271 of the Revised Code.

(C)
A regional authority for emergency management may designate the
county auditor and county treasurer of one of the counties in the
region as fiscal officers for the regional authority and may
designate the prosecuting attorney of one of the counties in the
region as legal advisor for the regional authority.

Sec.
5502.271.
The
chief executive of any political subdivision that has not entered
into a written agreement establishing either a countywide emergency
management agency under section 5502.26 of the Revised Code or a
regional authority for emergency management under section 5502.27 of
the Revised Code shall establish a program for emergency management
within that political subdivision that meets all of the following
criteria:

(A)
Is in accordance with sections 5502.21 to 5502.51 of the Revised
Code, rules adopted under those sections, local ordinances pertaining
to emergency management, the "Robert T. Stafford Disaster Relief
and Emergency Assistance Act," 88 Stat. 143, 42 U.S.C. 5121, et.
seq., as amended, and all applicable rules and regulations adopted
under that act;

(B)
Includes, without limitation, development of an all-hazards emergency
operations plan that has been coordinated with all agencies, boards,
and divisions having emergency management functions within the
political subdivision;

(C)
Includes the preparation and conduct of an annual exercise of the
political subdivision's all-hazards emergency operations plan;

(D)
Is not inconsistent with the program for emergency management
established for the county in which the political subdivision is
located by a countywide emergency management agency under section
5502.26 of the Revised Code or a regional authority for emergency
management under section 5502.27 of the Revised Code.

All
agencies, boards, and divisions having emergency management functions
within the political subdivision shall cooperate in the development
of the all-hazards emergency operations plan and shall cooperate in
the preparation and conduct of the annual exercise.

The
chief executive shall appoint a director/coordinator of emergency
management who shall pursue a professional development training
program in accordance with rules adopted

by the director of public safety

under
section
5502.25
Chapter
119.
of
the Revised Code. The director/coordinator of emergency management
may be an official or employee of the political subdivision, but
shall not be the chief executive of the political subdivision.

The
director/coordinator shall be responsible for coordinating,
organizing, administering, and operating emergency management in
accordance with the political subdivision's program established under
this section, subject to the direction and control of the chief
executive.

Sec.
5502.65.
(A)(1)
When funds are available for criminal justice purposes pursuant to
section 5502.64 of the Revised Code, the division of criminal justice
services shall provide funds to metropolitan county criminal justice
services agencies for the purpose of developing, coordinating,
evaluating, and implementing comprehensive plans within their
respective counties. The division of criminal justice services shall
provide funds to an agency only if it complies with the conditions of
division (B) of this section.

(2)
When funds are available for juvenile justice purposes pursuant to
section 5502.64 of the Revised Code, the department of youth services
shall provide funds to metropolitan county criminal justice services
agencies for the purpose of developing, coordinating, evaluating, and
implementing comprehensive plans within their respective counties.
The department shall provide funds to an agency only if it complies
with the conditions of division (B) of this section.

(B)
A metropolitan county criminal justice services agency shall do all
of the following:

(1)
Submit, in a form that is acceptable to the division of criminal
justice services or the department of youth services pursuant to
section 5139.01 of the Revised Code, a comprehensive plan for the
county;

(2)
Establish a metropolitan county criminal justice services supervisory
board whose members shall include a majority of the local elected
officials in the county and representatives from law enforcement
agencies, courts, prosecuting authorities, public defender agencies,
rehabilitation and correction agencies, community organizations,
juvenile justice services agencies, professionals, and private
citizens in the county, and that shall have the authority set forth
in division (C) of this section;

(3)
Organize in the manner provided in sections 167.01 to 167.03, 302.21
to 302.24, or 713.21 to 713.27 of the Revised Code, unless the board
created pursuant to division (B)(2) of this section organizes
pursuant to these sections.

(C)
A metropolitan county criminal justice services supervisory board
shall do all of the following:

(1)
Exercise leadership in improving the quality of the criminal and
juvenile justice systems in the county;

(2)
Review, approve, and maintain general oversight of the comprehensive
plans for the county and the implementation of the plans;

(3)
Review and comment on the overall needs and accomplishments of the
criminal and juvenile justice systems in the county;

(4)
Establish, as required to comply with this division, task forces, ad
hoc committees, and other committees, whose members shall be
appointed by the chairperson of the board
;

(5)
Establish any rules that the board considers necessary and that are
consistent with the federal criminal justice acts and section 5502.62
of the Revised Code
.

Sec.
5502.703.
(A)
The Ohio school safety and crisis center is hereby created within the
department of public safety and shall be operated by the mobile
training team established under section 5502.70 of the Revised Code.

(B)
The mobile training team shall develop curriculum and provide
instruction and training, including firearms training, that
individuals may complete to satisfy the criterion specified in
division (D)(1)(d)(i) of section 2923.122 of the Revised Code to be
permitted to convey deadly weapons or dangerous ordnance into a
school safety zone

under
division (D)(1)(d) of that section. Except as otherwise specified in
division (D)(1)(d)(i) of that section, an individual shall
successfully complete the curriculum, instruction, and training so
developed as a requirement to be permitted to convey deadly weapons
or dangerous ordnance into a school safety zone under the authority
of division (D)(1)(d) of that section.

The
curriculum, instruction, and training shall follow the private
investigator and security guard firearms training guidelines adopted
under section 4749.06 of the Revised Code and include both of the
following:

(1)
Initial instruction and training, which shall not exceed twenty-four
hours;

(2)
Annual requalification training, which shall not exceed eight hours.

Nothing
in this section prohibits a school district board of education or
governing body of a school from requiring additional training for an
individual to which this section applies.

(C)(1)
The curriculum of the initial and requalification instruction and
training required under this section shall include instruction in all
of the following:

(a)
Mitigation techniques;

(b)
Communications capabilities and coordination and collaboration
techniques;

(c)
Neutralization of potential threats and active shooters;

(d)
Accountability;

(e)
Reunification;

(f)
Psychology of critical incidents;

(g)
De-escalation techniques;

(h)
Crisis intervention;

(i)
Trauma and first aid care;

(j)
The history and pattern of school shootings;

(k)
Tactics of responding to critical incidents in schools;

(l)
At least four hours of training in scenario-based or simulated
training exercises;

(m)
Completion of tactical live firearms training;

(n)
Realistic urban training.

(2)
The board or governing body of the school that authorizes an
individual to convey deadly weapons or dangerous ordnance into a
school safety zone, under division (D)(1)(d) of section 2923.122 of
the Revised Code,

shall
pay all fees for the training described in divisions (B) and (C)(1)
of this section that the individual receives.

(3)
A school district board of education or governing body of a school
may adopt alternate curriculum, instruction, and training, provided
it includes all of the topics specified in division (C)(1) of this
section.

A
district board or governing body shall submit any alternate
curriculum, instruction, and training adopted under division (C)(3)
of this section to the school safety and crisis center for approval
prior to granting authorization to an individual to convey deadly
weapons or dangerous ordnance into a school safety zone under the
control of the district board or governing authority. The school
safety center shall approve any curriculum, instruction, and training
within thirty days after receipt if the curriculum, instruction, and
training comply with divisions (B) and (C) of this section.

(D)
Each school district board of education or governing body of a school
shall provide to the school safety and crisis center a current list
of the qualified personnel authorized to convey deadly weapons or
dangerous ordnance into a school safety zone under the control of the
district board or governing body who have completed training under
this section.

The
list is not a public record under section 149.43 of the Revised Code.

(E)
The department of public safety, in accordance with Chapter 119. of
the Revised Code, shall adopt rules to implement this section.

Sec.
5503.10.
There
is hereby created in the department of public safety, division of
state highway patrol, a program for administering and operating a law
enforcement automated data system, to be known as LEADS, providing
computerized data and communications to the various criminal justice
agencies of the state. The program shall be administered by the
superintendent of the state highway patrol, who may employ such
persons as are necessary to carry out the purposes of this section.
The superintendent shall adopt rules under Chapter 119. of the
Revised Code establishing fees
and
guidelines
for
the operation of and participation in the LEADS program. These rules
shall
include

establish

criteria
for granting and restricting access to information maintained in
LEADS.

The
superintendent shall appoint a steering committee to advise
him
the
superintendent

in the operation of the law enforcement automated data system,
comprised of persons who are representative of the criminal justice
agencies in Ohio that use the system. The superintendent or
his
the
superintendent's

designee shall be
chairman
chairperson

of the committee.

Sec.
5503.11.
(A)
The superintendent of the state highway patrol, with the approval of
the director of public safety, may establish an auxiliary unit within
the state highway patrol, and provide for the regulation of the
auxiliary officers. The superintendent shall be the head of the
auxiliary unit, and shall have the sole authority to make all
appointments to and dismissals from the auxiliary unit. The
superintendent shall prescribe rules for the organization,
administration, and control of the auxiliary unit, and the
eligibility requirements, training, and conduct of the auxiliary
officers. The superintendent also shall have the authority to expend
any funds appropriated to the state highway patrol to pay any
expenses the state highway patrol incurs in administering the
auxiliary unit. Members of the auxiliary unit may be required to pay
any portion of their expenses, as determined by the superintendent.

No
member of the auxiliary unit shall have any power to arrest any
person or to enforce any law of this state.

(B)
Each member of the auxiliary unit, in the performance of the member's
official duties as determined by the superintendent, possesses
personal immunity from civil liability for damages for injury, death,
or loss to person or property as specified in section 9.86 of the
Revised Code, and is entitled to
idemnification
indemnification

and representation as an officer or employee of this state to the
extent described in and in accordance with sections 109.361 to

109.366
109.365

of the Revised Code.

Sec.
5505.07.
(A)
The state highway patrol retirement board may employ a secretary and
secure the services of employees for the transaction of business of
the state highway patrol retirement system.

Effective
ninety days after
the
effective date of this amendment
September
15, 2004
,
the board may not employ a state retirement system investment
officer, as defined in section 1707.01 of the Revised Code, who does
not hold a valid state retirement system investment officer license
issued by the division of securities in the department of commerce.

The
compensation of all persons engaged by the board and all other
expenses of the board necessary for the proper operation of the
pension fund shall be paid at such rates and in such amounts as the
board approves. Every expense voucher of an employee, officer, or
board member of the state highway patrol retirement system shall
itemize all purchases and expenditures.

(B)
The clerical procedures required in the operation of the retirement
system shall be performed by the staff of the secretary appointed by
the board. The cost of such clerical procedures and the services
performed by the secretary of the retirement system shall be paid by
the retirement system.

(C)
The board shall appoint an actuary who shall be its technical
advisor.

(D)
The board shall from time to time adopt such mortality and other
tables of experience, and such rate or rates of interest, as are
required in the proper operation of the retirement system.

(E)
The board shall determine by appropriate rules the service to be
credited any member in any calendar year.

The
board shall perform other functions

and adopt rules
,
except for adopting rules that the Revised Code does not specifically
authorize the board to adopt,

as required for the proper execution of Chapter 5505. of the Revised
Code.

Sec.
5505.17.
(A)(1)
Upon retirement as provided in section 5505.16 of the Revised Code, a
state highway patrol retirement system retirant shall receive a life
pension, without guaranty or refund, equal to the greater of one
thousand fifty dollars or the sum of two and one-half per cent of the
retirant's final average salary multiplied by the first twenty years
of total service credit, plus two and one-quarter per cent of the
retirant's final average salary multiplied by the number of years,
and fraction of a year, of total service credit in excess of twenty
years but not in excess of twenty-five years, plus two per cent of
the retirant's final average salary multiplied by the number of
years, and fraction of a year, in excess of twenty-five years;
provided that in no case shall the pension exceed the lesser of
seventy-nine and one-quarter per cent of the retirant's final average
salary or the limit established by section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended.

(2)
A member with fifteen or more years of total service credit, who
voluntarily resigns or who is discharged from the state highway
patrol for any reason except retirement under this chapter, death,
dishonesty, cowardice, intemperate habits, or conviction of a felony,
shall receive a pension equal to one and one-half per cent of the
member's final average salary multiplied by the number of years, and
fraction of a year, of total service credit, except that the pension
shall not exceed the limit established by section 415 of the
"Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended. The pension shall commence at the end of
the calendar month in which the application is filed with the
retirement board on or after the attainment of age fifty-five years
by the applicant. A member or former member who withdraws any part or
all of the accumulated contributions from the employees' savings fund
shall thereupon forfeit all rights to a pension provided for in this
division.

(3)(a)
A surviving spouse of a deceased member who died before

the effective date of this amendment

May 11, 2018,

shall receive a monthly pension, determined as follows, during the
spouse's life:

(i)
If at the time of death the member was not eligible to be granted a
pension payable under division (A)(1) of this section or to elect to
receive a reduced pension payable under section 5505.16 of the
Revised Code, nine hundred dollars;

(ii)
If at the time of death the member was eligible to be granted a
pension payable under division (A)(1) of this section or to elect to
receive a reduced pension payable under section 5505.16 of the
Revised Code, the greater of nine hundred dollars or fifty per cent
of the computed monthly pension the member would have received had
the member been granted a pension under division (A)(1) of this
section or elected to receive a reduced pension under section 5505.16
of the Revised Code.

(b)
The surviving spouse of a retirant who retired before

the effective date of this amendment

May 11, 2018,

shall receive a monthly pension, determined as follows, during the
spouse's life:

(i)
If the retirant had been granted retirement under section 5505.16 of
the Revised Code, but at the time of death had not attained the age
of eligibility for a pension, nine hundred dollars;

(ii)
If the retirant had been granted retirement under section 5505.16 of
the Revised Code and had attained the age of eligibility for a
pension, but at the time of death had not elected to begin receiving
the pension, the greater of nine hundred dollars or fifty per cent of
the computed monthly pension the retirant was eligible to receive
under section 5505.16 of the Revised Code;

(iii)
If the retirant had been granted retirement and was receiving a
pension under division (A)(1) of this section or section 5505.16 or
5505.18 of the Revised Code, or, regardless of whether or not the
retirant had actually received any payment, was eligible to receive a
pension under division (A)(1) of this section or section 5505.16 or
5505.18 of the Revised Code and had elected to begin receiving it,
the greater of nine hundred dollars or fifty per cent of the computed
monthly pension awarded the retirant.

(c)
The surviving spouse of a deceased member who dies on or after

the effective date of this amendment

May 11, 2018,

or a retirant who retires on or after

the effective date of this amendment

May 11, 2018,

shall receive a monthly pension during the spouse's life if the
spouse was married to the member or retirant while the member or
retirant was in the active service of the state highway patrol. The
pension shall be determined as follows:

(i)
During the period beginning

on the effective date of this amendment

May 11, 2018,

and ending December 31, 2018, nine hundred dollars;

(ii)
During the period beginning January 1, 2019, and continuing the
following twelve months, and the period beginning the first day of
January of each year thereafter and continuing the following twelve
months, an amount equal to the monthly amount payable during the
prior twelve-month period plus an amount determined by multiplying
nine hundred dollars by the amount the board determines annually
under division (B)(1)(b) of section 5505.174 of the Revised Code.

(d)
In addition to the pension determined under division (A)(3)(c) of
this section, the surviving spouse of a deceased member who dies on
or after

the effective date of this amendment

May 11, 2018,

shall receive a monthly pension during the spouse's life if the
spouse was married to the member while the member was in the active
service of the state highway patrol and, at the time of death, the
member was eligible to be granted a pension payable under division
(A)(1) of this section or to elect to receive a reduced pension
payable under section 5505.16 of the Revised Code. The pension shall
be an amount equal to the amount the surviving spouse would have been
entitled to receive had the member retired effective the day
following the date of death having selected an option 2 plan under
division (A)(2)(b) of section 5505.162 of the Revised Code providing
for one-half of the member's lesser pension to be paid to the
surviving spouse.

(e)
If a monthly pension to a surviving spouse was terminated due to a
remarriage, the surviving spouse is eligible to receive a monthly
pension under division (A)(3) of this section effective the first day
of the first month following June 5, 1996. The pension shall be
computed under division (A)(3) of this section as of June 5, 1996.
The pension payable to a person who is the surviving spouse of more
than one state highway patrol retirement system member or retirant
shall be computed on the basis of the service of the member or
retirant to whom the surviving spouse was most recently married.

(4)
A pension of one hundred fifty dollars per month shall be paid by the
system to or for the benefit of each child of a deceased member or
retirant until the child attains the age of eighteen years or
marries, whichever event occurs first, or until the child attains
twenty-three years of age if the child is a student in and attending
an institution of learning or training pursuant to a program designed
to complete in each school year the equivalent of at least two-thirds
of the full-time curriculum requirements of the institution, as
determined by the retirement board. If any surviving child,
regardless of age at the time of the member's or retirant's death,
because of physical or mental disability, was totally dependent upon
the deceased member or retirant for support at the time of death, a
pension of one hundred fifty dollars per month shall be paid by the
system to or for the benefit of the child during the child's natural
life or until the child recovers from the disability.

(5)(a)
If a retirant died prior to June 6, 1988, and the surviving spouse
was not married to the retirant while the retirant was in the active
service of the patrol, the surviving spouse shall receive a pension
of the greater of four hundred twenty-five dollars per month or fifty
per cent of the computed monthly pension the retirant was receiving.

(b)
If the pension payable to a person receiving a pension under division
(A)(5)(a) of this section on June 30, 2000, is less than nine hundred
dollars per month, the pension shall be increased to nine hundred
dollars per month.

(6)
If a deceased member or retirant leaves no spouse or surviving
children, but leaves two parents depending solely upon the deceased
member or retirant for support, each parent shall be paid a monthly
pension of one hundred fifty-four dollars. If in such case there is
only one parent dependent solely upon the deceased member or retirant
for support, such parent shall be paid a monthly pension of one
hundred fifty-four dollars. Such pension shall be paid during the
life of the surviving parents, or until dependency ceases, or until
remarriage, whichever event occurs first.

(7)
Any amount remaining as accumulated contributions at the time of
death of a retirant who leaves no surviving spouse or dependent
children or parents shall be paid to the beneficiary or beneficiaries
the retirant has nominated by written designation duly executed and
filed with the board. A retirant may designate an individual or a
trust as a beneficiary. If there is no designated beneficiary
surviving the retirant, the retirant's accumulated contributions
shall be paid according to the state law of descent and distribution;
provided that, if the retirant's accumulated contributions are not
claimed by an eligible person or by the estate of the retirant within
seven years, they shall be transferred to the income fund of the
system and after that shall be paid from that fund to such person or
estate upon application to the board.

(8)
The increase provided for by division (A)(5) of this section shall be
included in the calculation of the additional benefit paid under
section 5505.174 of the Revised Code.

(B)

The
board shall adopt, and may amend or rescind, the necessary rules for
the administration of this section and all
All

decisions of the board shall be final. Any payment of a pension or
benefit under this section is subject to the provisions of section
5505.26 of the Revised Code.

(C)
A member's total service credit may include periods during which the
member's employment with the state highway patrol is interrupted by a
leave of absence, when requested by the governor, to accept
employment with another agency of the state, provided that:

(1)
The member is reemployed by the state highway patrol within thirty
days following termination of such other employment;

(2)
The member pays into the retirement system, to the credit of the
employees' savings fund, an amount equal to the total contributions
the member would have paid had the state highway patrol employment
not been so interrupted. Such repayment shall begin within ninety
days after the member's return to duty with the state highway patrol
and be completed within a period equal to that of the leave of
absence.

(D)
Service credits granted under division (C) of this section shall not
include any duplications of credits for which a pension is payable by
the public employees retirement system.

Sec.
5505.174.
(A)
Eligibility for an increase under this section shall be determined as
follows:

(1)
For a person whose pension effective date is prior to January 7,
2013, an "eligible person" is one of the following:

(a)
A person fifty-three years old or older who has been receiving a
pension pursuant to division (B) of section 5505.16, division (A)(1)
of section 5505.17, or division (B) of section 5505.18 of the Revised
Code for not less than twelve months;

(b)
A person who has been receiving a pension pursuant to division (B) of
section 5505.18 of the Revised Code for not less than sixty months
regardless of age;

(c)
A person who has been receiving a pension pursuant to section
5505.162 or division (A)(3), (4), (5), or (6) of section 5505.17 of
the Revised Code for not less than twelve months regardless of age.

(2)
For a person whose pension effective date is on or after January 7,
2013, but before

the effective date of this amendment

May 11, 2018
,
an "eligible person" is a person who is sixty years old or
older who has been receiving a pension pursuant to division (B) of
section 5505.16, section 5505.162, division (A)(1), (3), (4), (5), or
(6) of section 5505.17, or division (B) of section 5505.18 of the
Revised Code for not less than twelve months.

(3)
For a person whose pension effective date is on or after

the effective date of this amendment

May 11, 2018
,
an "eligible person" is a person who is sixty years old or
older who has been receiving a pension pursuant to division (B) of
section 5505.16, section 5505.162, division (A)(1), (3)(a), (b), or
(d), (4), (5), or (6) of section 5505.17, or division (B) of section
5505.18 of the Revised Code for not less than twelve months.

(B)(1)
Except as otherwise provided in this section, the state highway
patrol retirement board shall annually increase pensions payable to
eligible persons under this chapter in accordance with the following:

(a)
For each person sixty-five years of age or older who is receiving a
pension not greater than one hundred eighty-five per cent of the
federal poverty level for a family of two persons, as revised
annually by the United States department of health and human services
in accordance with section 673(2) of the "Omnibus Reconciliation
Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, the
board shall increase the pension by three per cent.

(b)
For persons other than those described in division (B)(1)(a) of this
section, the board may increase the pension. Any increase shall be
determined by the board based on compliance with the amortization
period requirement of section 5505.121 of the Revised Code. The
board's determination shall be based on the annual actuarial
valuation required by section 5505.12 of the Revised Code. If the
board determines that an increase may be made, the increase shall not
exceed three per cent of the eligible person's pension.

(2)
No increase under this section shall exceed the limit established by
section 415 of the "Internal Revenue Code of 1986," 100
Stat. 2085, 26 U.S.C. 415, as amended.

(3)
The date of the first increase paid under this section shall be the
anniversary date for future increases. The pension used in the first
calculation of an increase under this section shall remain as the
base for all future increases paid under this section, unless a new
base is established.

(C)
If payment of a portion of a benefit is made to an alternate payee
under section 5505.261 of the Revised Code, increases under this
section granted while the order is in effect shall be apportioned
between the alternate payee and the eligible person in the same
proportion that the amount being paid to the alternate payee bears to
the amount paid to the eligible person.

If
payment of a portion of a benefit is made to one or more
beneficiaries under "option 4" under division (A)(4) of
section 5505.162 of the Revised Code, each increase under this
section granted while the plan of payment is in effect shall be
divided among the designated beneficiaries in accordance with the
portion each beneficiary has been allocated.

(D)
The board shall adopt, and may amend or rescind, any rule necessary
to carry out this section.

Sec.
5505.177.
The
state highway patrol retirement board may establish and maintain a
qualified governmental excess benefit arrangement that meets the
requirements of division (m) of section 415 of the "Internal
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 415, as
amended, and any regulations adopted thereunder. If established, the
arrangement shall be a separate portion of the state highway patrol
retirement system and be maintained solely for the purpose of
providing to retired members that part of a benefit otherwise payable
under this chapter that exceeds the limits established by section 415
of the "Internal Revenue Code of 1986," as amended.

Members
participating in an arrangement established under this section shall
not be permitted to elect to defer compensation to the arrangement.
Contributions to and benefits paid under an arrangement shall not be
payable from a trust that is part of the system unless the trust is
maintained solely for the purpose of providing such benefits.

The
board shall adopt rules to administer an arrangement established
under this section.

Sec.
5505.18.
As
used in this section, "member" does not include state
highway patrol cadets attending training schools pursuant to section
5503.05 of the Revised Code.

(A)
Upon the application of a member of the state highway patrol
retirement system, a person acting on behalf of a member, or the
superintendent of the state highway patrol on behalf of a member, a
member who becomes totally and permanently incapacitated for duty in
the employ of the state highway patrol may be retired on disability
by the board. To be eligible for retirement on account of disability
incurred not in the line of duty, a member must have five or more
years of service credit according to rules adopted by the board.

The
medical or psychological examination of a member who has applied for
disability retirement shall be conducted by a competent health-care
professional or professionals appointed by the board. The health-care
professional or professionals shall file a written report with the
board containing the following information:

(1)
Whether the member is totally incapacitated for duty in the employ of
the patrol;

(2)
Whether the incapacity is expected to be permanent;

(3)
The cause of the member's incapacity.

The
board shall determine whether the member qualifies for disability
retirement and its decision shall be final. The board shall consider
the written medical or psychological report, opinions, statements,
and other competent evidence in making its determination. If the
incapacity is a result of heart disease or any cardiovascular disease
of a chronic nature, which disease or any evidence of which was not
revealed by the physical examination passed by the member on entry
into the patrol, the member is presumed to have incurred the disease
in the line of duty as a member of the patrol, unless the contrary is
shown by competent evidence.

(B)(1)
Except as provided under division (A) of section 5505.58 of the
Revised Code, a member whose retirement on account of disability
incurred in the line of duty shall receive the applicable pension
provided for in section 5505.17 of the Revised Code, except that if
the member has less than twenty-five years of contributing service,
the member's service credit shall be deemed to be twenty-five years
for the purpose of this provision. In no case shall the member's
disability pension be less than sixty-one and one-quarter per cent or
exceed the lesser of seventy-nine and one-quarter per cent of the
member's final average salary or the limit established by section 415
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended.

(2)
Except as provided under division (B) of section 5505.58 of the
Revised Code, a member whose retirement on account of disability
incurred not in the line of duty shall receive the applicable pension
provided for in section 5505.17 of the Revised Code, except that if
the board's determination that the member qualifies for disability
retirement was made before

the effective date of this amendment

May 11, 2018,

and the member has less than twenty years of contributing service,
the member's service credit shall be deemed to be twenty years for
the purpose of this provision. If the board's determination that the
member qualifies for disability retirement is made on or after

the effective date of this amendment

May 11, 2018,

and the member has less than twelve years of contributing service,
the member's service credit shall be deemed to be twelve years for
the purpose of this provision.

In
no case shall the member's disability pension under this division
exceed the lesser of seventy-nine and one-quarter per cent of the
member's final average salary or the limit established by section 415
of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A. 415, as amended.

(C)
The state highway patrol retirement board shall adopt rules requiring
a disability retirant, as a condition of continuing to receive a
disability pension, to agree in writing to obtain any medical or
psychological treatment recommended by the board's health-care
professional and submit medical or psychological reports regarding
the treatment. If the board determines that a disability retirant is
not obtaining the medical or psychological treatment or the board
does not receive a required medical or psychological report, the
disability pension shall be suspended until the treatment is
obtained, the report is received by the board, or the board's
health-care professional certifies that the treatment is no longer
helpful or advisable. Should the retirant's failure to obtain
treatment or submit a medical or psychological report continue for
one year, the recipient's right to the disability pension shall be
terminated as of the effective date of the original suspension.

(D)
A disability retirant who has not attained the age of sixty years
shall be subject to an annual medical or psychological re-examination
by health-care professionals appointed by the board, except that the
board may waive the re-examination if the board's health-care
professionals certify that the retirant's disability is ongoing. If
any retirant refuses to submit to a medical or psychological
re-examination, the retirant's disability pension shall be suspended
until the retirant withdraws the refusal. If the refusal continues
for one year, all the retirant's rights under and to the disability
pension shall be terminated as of the effective date of the original
suspension.

(E)
Each disability retirant who has not attained the age of sixty years
shall file with the board an annual statement of earnings, current
medical or psychological information on the recipient's condition,
and any other information required in rules adopted by the board. The
board may waive the requirement that a disability retirant file an
annual statement of earnings or current medical or psychological
information if the board's health-care professional certifies that
the retirant's disability is ongoing.

The
board shall annually examine the information submitted by the
retirant. If a retirant refuses to file the statement or information,
the disability pension shall be suspended until the statement and
information are filed. If the refusal continues for one year, the
right to the pension shall be terminated as of the effective date of
the original suspension.

(F)(1)
Except as provided in division (F)(2) of this section, a disability
retirant who has been physically or psychologically examined and
found no longer incapable of performing the retirant's duties, or who
becomes employed as a law enforcement officer, shall have the right
to be restored to the rank the retirant held at the time the retirant
was pensioned and the right to have all previous rights restored,
including the retirant's civil service status, and the disability
pension shall terminate. Upon return to employment in the patrol, the
retirant shall again become a contributing member of the retirement
system, the total service at the time of the retirant's retirement
shall be restored to the retirant's credit, and the retirant shall be
given service credit for the period the retirant was in receipt of a
disability pension.

(2)
The state highway patrol is not required to take action under
division (F)(1) of this section if the retirant was dismissed or
resigned in lieu of dismissal for dishonesty, misfeasance,
malfeasance, or conviction of a felony.

(G)
The board shall adopt a rule to define "law enforcement officer"
for purposes of division (F)(1) of this section, and may adopt

other rules to carry out this section, including

rules that specify the types of health-care professionals the board
may appoint for the purpose of this section.

Sec.
5505.28.
(A)
The state highway patrol retirement board may enter into an agreement
with insurance companies, health insuring corporations, or government
agencies authorized to do business in the state for issuance of a
policy or contract of health, medical, hospital, or surgical
benefits, or any combination thereof, for those persons receiving
pensions and subscribing to the plan. Notwithstanding any other
provision of this chapter, the policy or contract may also include
coverage for any eligible individual's spouse and dependent children
and for any of the individual's sponsored dependents as the board
considers appropriate.

If
all or any portion of the policy or contract premium is to be paid by
any individual receiving a service, disability, or survivor pension
or benefit, the individual shall, by written authorization, instruct
the board to deduct from the individual's pension or benefit the
premium agreed to be paid by the individual to the company,
corporation, or agency.

The
board may contract for coverage on the basis of part or all of the
cost of the coverage to be paid from appropriate funds of the state
highway patrol retirement system. The cost paid from the funds of the
system shall be included in the employer's contribution rate as
provided by section 5505.15 of the Revised Code.

(B)
The board shall, beginning the month following receipt of
satisfactory evidence of the payment for coverage, pay monthly to
each recipient of a pension under the state highway patrol retirement
system who is eligible for coverage under part B of the medicare
program established under Title XVIII of "The Social Security
Amendments of 1965," 79 Stat. 301 (1965), 42 U.S.C.A. 1395j, as
amended, an amount

established by board rule

not exceeding the basic premium for such coverage.

(C)
The board shall establish by rule requirements for the coordination
of any coverage, payment, or benefit provided under this section with
any similar coverage, payment, or benefit made available to the same
individual by the public employees retirement system, Ohio police and
fire pension fund, state teachers retirement system, or school
employees retirement system.

(D)
The board shall make all other necessary rules pursuant to the
purpose and intent of this section.

Sec.
5505.281.
The
state highway patrol retirement board may establish a program under
which a member or a member's employer is permitted to make additional
deposits for the purpose of providing funds for the payment of
health, medical, hospital, surgical, dental, or vision care expenses,
including insurance premiums, deductible amounts, or copayments. The
program may be a voluntary employees' beneficiary association, as
described in section 501(c)(9) of the Internal Revenue Code, 26
U.S.C. 501(c)(9), as amended; an account described in section 401(h)
of the Internal Revenue Code, 26 U.S.C. 401(h), as amended; a medical
savings account; or a similar type of program under which an
individual may accumulate funds for the purpose of paying such
expenses. To implement the program, the board may enter into
agreements with insurance companies or other entities authorized to
conduct business in this state.

If
the board establishes a program under this section, it shall adopt
rules to administer the program.

Sec.
5505.41.
(A)
As used in this section, "transferred service credit" means
service credit purchased or obtained under section 145.295, 145.2913,
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code prior to
the date a member commenced the employment covered by the state
highway patrol retirement system for which the member is currently
contributing to the system.

(B)
A member of the state highway patrol retirement system who has
contributions on deposit with, but is no longer contributing to, a
non-uniform retirement system shall, in computing years of service,
be given full credit for transferred service credit if a transfer to
the state highway patrol retirement system is made under this
section. At the request of a member, the non-uniform system shall
transfer to the state highway patrol retirement system the sum of the
following:

(1)
An amount equal to the amounts transferred to the non-uniform system
under section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or
3309.731 of the Revised Code;

(2)
Interest, determined as provided in division (E) of this section, on
the amount specified in division (B)(1) of this section for the
period from the last day of the year in which the transfer under
section 145.295, 145.2913, 3307.761, 3307.765, 3309.73, or 3309.731
of the Revised Code was made to the date a transfer is made under
this section.

(C)
A member with at least eighteen months of contributing service credit
with the state highway patrol retirement system who has received a
refund of contributions to a non-uniform retirement system shall, in
computing years of service, be given full credit for transferred
service credit if, for each year of service, the state highway patrol
retirement system receives the sum of the following:

(1)
An amount, which shall be paid by the member, equal to the amount
refunded by the non-uniform system to the member for that year for
transferred service credit, with interest on that amount from the
date of the refund to the date a payment is made under this section;

(2)
Interest, which shall be transferred by the non-uniform system, on
the amount refunded to the member for the period from the last day of
the year in which the transfer under section 145.295, 145.2913,
3307.761, 3307.765, 3309.73, or 3309.731 of the Revised Code was made
to the date the refund was made;

(3)
If the non-uniform system retained any portion of the amount
transferred under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code, an amount, which shall be
transferred by the non-uniform system, equal to the amount retained,
with interest on that amount for the period from the last day of the
year in which the transfer under section 145.295, 145.2913, 3307.761,
3307.765, 3309.73, or 3309.731 of the Revised Code was made to the
date a transfer is made under this section.

On
receipt of payment from the member, the state highway patrol
retirement system shall notify the non-uniform system, which, on
receipt of the notice, shall make the transfer required by this
division. Interest shall be determined as provided in division (E) of
this section.

(D)
Service credit purchased or obtained under this section shall be used
in computing the pensions payable under section 5505.17 or 5505.18 of
the Revised Code. A member may choose to purchase only part of the
credit the member is eligible to purchase under division (C) of this
section in any one payment
,
subject to rules adopted by the state highway patrol retirement
board
.
A member is ineligible to purchase or obtain service credit under
this section for service to be used in the calculation of any
retirement benefit currently being paid or payable to the member in
the future under any other retirement program or for service credit
that may be purchased or obtained under section 5505.40 of the
Revised Code.

(E)
Interest charged under this section shall be calculated separately
for each year of service credit at the lesser of the actuarial
assumption rate for that year of the state highway patrol retirement
system or of the non-uniform retirement system to which the credit
was transferred under section 145.295, 145.2913, 3307.761, 3307.765,
3309.73, or 3309.731 of the Revised Code. The interest shall be
compounded annually.

(F)
Any amounts transferred or paid under divisions (B) and (C) of this
section that are attributable to contributions made by the member or
to amounts paid to purchase service credit shall be credited to the
employees' savings fund created under section 5505.03 of the Revised
Code. Any remaining amounts shall be credited to one or more of the
funds created under that section as determined by the board.

(G)
At the request of the state highway patrol retirement system, the
non-uniform retirement system shall certify to the state highway
patrol retirement system a copy of the records of the service and
contributions of a member who seeks service credit under this
section. The non-uniform retirement system shall specify the portions
of the amounts transferred that are attributable to employee
contributions, employer contributions, and interest.

(H)
If a member who is not a current contributor elects to receive
service credit under section 145.2913, 3307.765, or 3309.731 of the
Revised Code for transferred service credit, as defined in those
sections, the system shall transfer to the non-uniform retirement
system, as applicable, the amount specified in division (B) or (C) of
section 145.2913, division (B) or (C) of section 3307.765, or
division (B) or (C) of section 3309.731 of the Revised Code.

(I)
The board may adopt rules to implement this section.

Sec.
5505.50.
The
state highway patrol retirement board shall establish and administer
a deferred retirement option plan. In establishing and administering
the plan, the board shall comply with sections 5505.51 to 5505.59 of
the Revised Code and may do all things necessary to meet the
requirements of section 401(a) of the "Internal Revenue Code of
1986," (26 U.S.C. 401(a)) as amended, applicable to governmental
plans.

The
board shall adopt rules to
implement
this section and sections 5505.51 to 5505.59 of the Revised Code. The
rules shall
specify
the date of initial implementation of the plan established under this
section. The rules may also specify a period during which an election
made under section 5505.51 of the Revised Code may be rescinded.

Sec.
5505.54.
(A)
During the period beginning on the effective date of an election to
participate in the deferred retirement option plan and ending on the
date participation ceases, a member's monthly pension amount
determined under section 5505.53 of the Revised Code shall accrue to
the member's benefit. To this amount shall be added any benefit
increases the member would be eligible for under section 5505.174 of
the Revised Code had the member, on the effective date of the
member's election, retired under section 5505.16 of the Revised Code.

(B)(1)
The amounts contributed under division (A) of section 5505.15 of the
Revised Code by a member participating in the deferred retirement
option plan shall be credited as follows:

(a)
Ten per cent of the member's annual salary shall accrue to the
member's benefit.

(b)
Any amount of the member's annual salary that is in excess of ten per
cent shall be credited to the employer's accumulation fund.

(2)
The state highway patrol retirement system shall credit to the
employer's accumulation fund the amounts contributed by the state
under section 5505.15 of the Revised Code on behalf of a member
participating in the deferred retirement option plan.

(C)
During the period beginning on the election's effective date and
ending on the date the member ceases participation in the plan, the
amounts described in divisions (A) and (B)(1)(a) of this section
shall earn interest at an annual rate established by the state
highway patrol retirement board and compounded annually using a
method established by rule adopted under section
5505.50

111.15

of
the Revised Code.

Sec.
5515.08.
(A)
The department of transportation may contract to sell commercial
advertising space within or on the outside surfaces of any building
located within a roadside rest area under its jurisdiction in
exchange for cash payment. Money the department receives under this
section shall be deposited in the state treasury to the credit of the
highway operating fund.

(B)
Advertising placed under this section shall comply with all of the
following:

(1)
It shall not be libelous or obscene and shall not promote any illegal
product or service.

(2)
It shall not promote illegal discrimination on the basis of the race,
religion, national origin, disability, age, or ancestry of any
person.

(3)
It shall not support or oppose any candidate for political office or
any political cause, issue, or organization.

(4)
It shall comply with any controlling federal or state regulations or
restrictions.

(5)
To the extent physically and technically practical, it shall state
that the advertisement is a paid commercial advertisement and that
the state does not endorse the product or service promoted by the
advertisement or make any representation about the accuracy of the
advertisement or the quality or performance of the product or service
promoted by the advertisement.

(6)
It shall conform to all applicable rules adopted by the director of
transportation under division (E) of this section.

(C)
Contracts entered into under this section shall be awarded only to
the qualified bidder who submits the highest responsive bid or
according to uniformly applied rate classes.

(D)
No person, except an advertiser alleging a breach of contract or the
improper awarding of a contract, has a cause of action against the
state with respect to any contract or advertising authorized by this
section. Under no circumstances is the state liable for consequential
or noneconomic damages with respect to any contract or advertising
authorized under this section.

(E)
The director, in accordance with Chapter 119. of the Revised Code,
shall adopt rules to
implement
this section
regulate
the awarding of contracts and may adopt rules to regulate the
content, display, and other aspects of the commercial advertising
authorized by this section
.
The rules shall be consistent with the policy of protecting the
safety of the traveling public and consistent with the national
policy governing the use and control of such roadside rest areas.

The rules shall regulate the awarding of contracts and may regulate
the content, display, and other aspects of the commercial advertising
authorized by this section.

Sec.
5516.03.
The
director of transportation
shall

may

adopt,
amend, and enforce rules
,

that
are
consistent
with the customary use of outdoor advertising
,
the safety of the traveling public, and national policy as are
necessary to carry out the provisions of this chapter. Such rules may

and that

include,
but shall not be limited to,
establish

sizing, lighting, spacing, and
such

other
conditions
as
may be necessary
to
promote the safety of the traveling public and effect the national
policy. The rules shall be in addition to the provisions of municipal
ordinances regulating advertising devices and shall not invalidate
the provisions of any municipal ordinance that are equivalent to and
consistent with the rules adopted by the director under this section.
The director shall furnish a copy of such rules, without charge, to
any person making a request therefor.

Sec.
5516.14.
The
director may issue a permit to any sign owner who has a lawful permit
issued pursuant to section 5516.10 of the Revised Code to remove,
cut, and trim vegetation located on the right-of-way of any highway
of the interstate or primary system adjacent to the permitted
advertising device and replace the same as directed, whenever such
vegetation prevents clear visibility from the main traveled way of
such highway. The director
shall

may

adopt
rules
for
the enforcement of this section. The rules may include
that
establish
requirements
for appropriate vehicle identification signage, appropriate bond or
insurance,
and

distance
limits
,
and any other conditions as may be required by the director
.

An
application for a vegetation permit shall be made on forms designated
by the director and a separate application must be submitted for each
sign face. Each application shall be accompanied by a nonrefundable
application fee in an amount to be determined by the director.
Permits issued hereunder shall run for a period of one year and may
be renewed upon application made upon forms prescribed by the
director and upon the payment of a nonrefundable renewal fee in an
amount to be determined by the director. Any permits that are not
renewed shall be returned to the director for cancellation by the
expiration date.

The
director may modify any vegetation permit as is considered necessary
for the safety of the traveling public. The director may revoke,
cancel, or disapprove a permit or an application pursuant to section
5516.12 of the Revised Code for any violation of this section or the
rules adopted thereunder.

Sec.
5526.06.
(A)
The director of transportation may adopt, amend, or rescind rules in
accordance with Chapter 119. of the Revised Code for the purpose of
implementing sections 5526.02 to 5526.05 of the Revised Code.

(B)

Sections
5526.02 to 5526.05 of the Revised Code do not apply to any of the
following:

(1)
(A)

A project with an estimated cost of less than fifty thousand dollars;

(2)
(B)

A project that is determined by the director to be an emergency
requiring immediate action under section 5526.08 of the Revised Code.
When contracting for professional services for the purpose of
addressing the emergency, the director shall comply with that
section.

(3)
(C)

A project requiring special expertise where there exist fewer than
three qualified firms.

Sec.
5531.09.
(A)
As used in this section and section 5531.10 of the Revised Code:

(1)
"Qualified project" means any public or private
transportation project as determined by the director of
transportation, including, without limitation, planning,
environmental impact studies, engineering, construction,
reconstruction, resurfacing, restoring, rehabilitation, or
replacement of public or private transportation facilities within the
state, studying the feasibility thereof, and the acquisition of real
or personal property or interests therein; any highway, public
transit, aviation, rail, or other transportation project eligible for
financing or aid under any federal or state program; and any project
involving the maintaining, repairing, improving, or construction of
any public or private highway, road, street, parkway, public transit,
aviation, or rail project, and any related rights-of-way, bridges,
tunnels, railroad-highway crossings, drainage structures, signs,
guardrails, or protective structures.

(2)
"Small municipal corporation" means a municipal corporation
that is determined by the department of transportation to be an
eligible small city in accordance with the department's small city
program.

(B)
The state infrastructure bank shall consist of the highway and
transit infrastructure bank fund, the aviation infrastructure bank
fund, the rail infrastructure bank fund, and the infrastructure bank
obligations fund, which are hereby created as funds of the state
treasury, to be administered by the director of transportation and
used for the purposes described in division (C) of this section. The
highway and transit infrastructure bank fund, the aviation
infrastructure bank fund, and the rail infrastructure bank fund shall
consist of federal grants and awards or other assistance received by
the state and eligible for deposit therein under applicable federal
law, payments received by the department in connection with providing
financial assistance for qualifying projects under division (C) of
this section, and such other amounts as may be provided by law. The
infrastructure bank obligations fund shall consist of such amounts of
the proceeds of obligations issued under section 5531.10 of the
Revised Code as the director of transportation determines with the
advice of the director of budget and management; and such other
amounts as may be provided by law. The director of budget and
management, upon the request of the director of transportation, may
transfer amounts between the funds created in this division, except
the infrastructure bank obligations fund. The investment earnings of
each fund created by this division shall be credited to such fund.

(C)
The director of transportation shall use the state infrastructure
bank to encourage public and private investment in transportation
facilities that contribute to the multi-modal and intermodal
transportation capabilities of the state, develop a variety of
financing techniques designed to expand the availability of funding
resources and to reduce direct state costs, maximize private and
local participation in financing projects, and improve the efficiency
of the state transportation system by using and developing the
particular advantages of each transportation mode to the fullest
extent. In furtherance of these purposes, the director shall use the
state infrastructure bank to provide financial assistance to public
or private entities for qualified projects. Such assistance shall be
in the form of loans, loan guarantees, letters of credit, leases,
lease-purchase agreements, interest rate subsidies, debt service
reserves, and such other forms as the director determines to be
appropriate. All fees, charges, rates of interest, payment schedules,
security for, and other terms and conditions relating to such
assistance shall be determined by the director. Any loan made to a
small municipal corporation from the state infrastructure bank shall
be a zero interest loan.

(D)
The director of transportation shall adopt rules establishing
guidelines necessary for
the
implementation and exercise of the authority granted by this section,
including rules for
receiving,
reviewing, evaluating, and selecting projects for which financial
assistance may be approved.

(E)
The general assembly finds that state infrastructure projects, as
defined in division (A)(8) of section 5531.10 of the Revised Code,
and the state infrastructure bank, will materially contribute to the
economic revitalization of areas of the state and result in improving
the economic welfare of all the people of the state. Accordingly, it
is declared to be the public purpose of the state, through operations
under sections 5531.09 and 5531.10 of the Revised Code, and other
applicable laws adopted pursuant to Section 13 of Article VIII, Ohio
Constitution, and other authority vested in the general assembly, to
assist in and facilitate the purposes set forth in division (B) of
section 5531.10 of the Revised Code, and to assist and cooperate with
any governmental agency in achieving such purposes.

Sec.
5531.14.
(A)
To the extent permitted by federal law, the director of
transportation may fix, revise, charge, and collect user fees for
each toll project, and contract with any person or governmental
agency desiring the use of any part thereof, including the
right-of-way adjoining the paved portion, for placing thereon
telephone, electric light, or power lines, service facilities, or for
any other purpose, and fix the terms, conditions, rents, and rates of
charge for such use; provided, that no user fee, charge, or rental
may be made for placing in, on, along, over, or under the toll
project, equipment or public utility facilities that are necessary to
serve service facilities or to interconnect any public utility
facilities.

A
toll project operator shall display signs that identify the
applicable user fees, including fees for motor vehicles that do not
have an active, functioning electronic toll collection device
registered for and in use in the vehicle. The toll project operator
shall erect or otherwise display signs in advance of the toll project
at locations that are of distances that are sufficient to notify
motor vehicle operators of the opportunity to exit the street or
highway on which they are traveling before the street or highway
becomes, becomes part of, or otherwise leads to the toll project and
for the use of which user fees apply.

(B)
In accordance with Chapter 119. of the Revised Code, the director
shall establish a plan, schedule, or system of user fees or charges
and shall declare the purpose, amount, and duration of the user fees
or charges. Any proposal to implement a user fee or other charge
under this section may include a plan, schedule, or system of tolls
or charges that is subject to adjustment by the director within and
in accordance with that plan, schedule, or system. As part of the
plan, schedule, or system, the director shall develop a written
process for setting user fee rates. In developing the process, the
director shall seek and consider public comment. In doing so, the
director shall hold at least one public hearing within fifty miles of
the location of the toll project for which the written process is
developed.

The
director, in accordance with Chapter 119. of the Revised Code, also
may adopt such additional rules as the director determines necessary
for the establishment, collection, and enforcement of user fees and
administrative fees, including the purpose, amount, and duration of
the fees.

(C)
One or more user fees, or a portion of any user fees, may be pledged
to the repayment of obligations issued for the purpose of financing
the toll project and shall be a pledged receipt for those obligations
to the extent pledged in the proceedings authorizing such
obligations. One or more user fees, or a portion of any user fees,
also may be pledged to the repayment of obligations under any
public-private agreement or related financing as provided in sections
5501.70 to 5501.83 of the Revised Code.

(D)
User fees shall be so fixed and adjusted by the director as to
provide funds at least sufficient with other revenues of the Ohio
transportation system, if any, to pay all of the following:

(1)
Any debt service charges on obligations issued to pay costs of one or
more toll projects as such charges become due and payable, taking
into account any other amounts available for such purposes;

(2)
Any obligations under any public-private agreement entered into in
connection with a toll project as such amounts become due and
payable;

(3)
The cost of maintaining, improving, repairing, constructing,
financing
,

and operating toll projects within the interstate system or the state
highway system and its different parts and sections, and to create
and maintain any reserves for those purposes.

(E)
Except as provided in division (F) of this section, money received
from user fees, other than those received pursuant to a
public-private agreement, which shall be deposited in accordance with
such agreement and shall be used for the exclusive benefit of such
toll project, shall be deposited to the credit of the Ohio toll fund,
which is hereby created in the state treasury. The treasurer of state
may establish separate subaccounts within the Ohio toll fund as
determined to be necessary or convenient to pay costs of
constructing, improving, repairing, maintaining, administering, and
operating toll projects within the state highway system. Any
remaining money deposited into the Ohio toll fund shall be used at
the discretion of the director to support construction, improvement,
repair, maintenance, administration, and operation costs for approved
toll projects and highway projects within one mile of a toll project.
All investment earnings of the fund shall be credited to the fund.

(F)
The issuing authority of obligations issued for the purpose of
financing the toll project, by the fifteenth day of July of each
fiscal year, shall certify or cause to be certified to the department
of transportation and the office of budget and management the total
amount of money required during the current fiscal year to meet in
full all debt service charges and otherwise comply with the
requirements of any applicable bond proceedings and all obligations
under any public-private agreement relating to a toll project as
provided in sections 5501.70 to 5501.83 of the Revised Code. The
issuing authority shall make or cause to be made supplemental
certifications to the department and the office of budget and
management for each bond service payment date and at such other times
during each fiscal year as may be provided in the applicable bond
proceeding or public-private agreement or required by that department
or office. Bond service charges, costs of credit enhancement
facilities, other financing costs, and any other amounts required
under the applicable bond proceedings and all amounts required under
any applicable public-private agreement shall be set forth separately
in each certification. Money received from user fees and other
pledged receipts shall be deposited to the credit of the bond service
fund at such times and in such amounts as are necessary to satisfy
all those payment requirements of the applicable bond proceedings or
to the credit of any fund established for such purpose under any
public-private agreement. At such time that bond service charges on
all outstanding bonds issued in connection with any toll project and
the interest on the bonds have been paid or a sufficient amount for
the payment of all such bonds and the interest on the bonds to the
maturity of the bonds has been set aside in trust for the benefit of
the bondholders, as provided in the applicable bond proceedings, and
at such time as all amounts due and to become due pursuant to a
public-private agreement, which are payable from user fees, have been
paid, the project shall be operated, improved, and maintained by the
department of transportation as a part of the state highway system
and shall be free of user fees.

Sec.
5531.30.
(A)(1)
The director of transportation may enter into agreements and
cooperate with the United States department of transportation, or any
other appropriate federal agency as provided in 23 U.S.C. 325 to 327
and as authorized under the "Moving Ahead for Progress in the
21st Century Act (MAP-21)," 126 Stat. 405 (2012); the "Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU)," 119 Stat. 1144 (2005); and the
"National Environmental Policy Act of 1969," 83 Stat. 852
(1970). Pursuant to such an agreement the director may assume certain
responsibilities of the secretary of the United States department of
transportation, and take any other actions required by any such
agreement or by such federal laws.

(2)

The
director may adopt any rules necessary to implement an agreement
pursuant to division (A) of this section and carry out any duties
imposed under such an agreement.

(3)

The
director may make expenditures of money in connection with an
agreement authorized under division (A)(1) of this section from any
funds of the department of transportation that are available to the
director.

(B)
Notwithstanding Chapter 2743. of the Revised Code, this state hereby
waives its immunity from civil liability, including the immunity from
suit in a federal court under the eleventh amendment to the United
States Constitution, and consents to the jurisdiction of the federal
courts over its civil liability with regard to the compliance,
discharge, or enforcement of the responsibilities assumed under
division (A) of this section in accordance with the same procedural
and substantive requirements applicable to a suit against a federal
agency. Division (B) of this section applies only to actions that are
authorized under division (A) of this section and does not create
liability that exceeds the liability created under 23 U.S.C. 325 to
327.

Sec.
5537.29.
(A)
As used in this section:

(1)
"Electronic toll account record" means a record kept by the
Ohio turnpike and infrastructure commission or any other tolling
agency that contains the information required for the commission or
other tolling agency to collect the tolls charged to the holder of
the electronic toll account or the owner of a motor vehicle that
travels on a tolled road.

(2)
"Person" does not include any governmental agency.

(3)
"Personal information" means information that identifies an
individual, including an individual's photograph or digital image,
social security number, driver or driver's license identification
number, credit card or financial information, name, telephone number,
or an individual's address other than the five-digit zip code number.
"Personal information" does not include information
pertaining to a vehicular accident, driving or traffic violation, or
driver's status.

(B)
Except as provided in division (C) of this section, the commission,
and any employee or contractor of the commission, shall not knowingly
disclose or otherwise make available to any person or entity any
personal information about an individual that the commission obtained
in connection with processing a toll, fine, fee, or an electronic
toll account record.

(C)
The commission, or an employee or contractor of the commission, may
disclose personal information as follows:

(1)
For the use of a governmental agency, including a court or law
enforcement agency, in carrying out its functions, or for the use of
a private person or entity acting on behalf of an agency of this
state, another state, the United States, or a political subdivision
of this state or another state in carrying out its functions;

(2)
For use in connection with a civil, criminal, administrative, or
arbitral proceeding in a court or agency of this state, another
state, the United States, or a political subdivision of this state or
another state or before a self-regulatory body, including use in
connection with the service of process, investigation in anticipation
of litigation, or the execution or enforcement of a judgment or
order;

(3)
Pursuant to an order of a court of this state, another state, the
United States, or a political subdivision of this state or another
state;

(4)
For use by the financial institutions and credit issuing companies
directly involved in a credit transaction pertaining to the payment
of a toll, fine, or fee;

(5)
For the collection of an unpaid toll, fine, fee, or other
administrative charge;

(6)
For use in exchanging information between other private and public
toll transportation facilities;

(7)
For any use not otherwise identified in divisions (C)(1) to (6) of
this section that is in response to a request for personal
information, if the individual whose personal information is
requested completes and submits to the commission a form prescribed
by the commission
by
rule
giving
express consent to such disclosure;

(8)
For use by a person, state, or state agency that requests the
personal information, if the person, state, or state agency
demonstrates that it has obtained the written consent of the
individual to whom the information pertains.

(D)
The commission shall establish procedures for denying a request for
the disclosure of personal information if the request does not
satisfy the criteria for disclosure under division (C) of this
section.

(E)
The commission shall establish any forms
and
shall adopt rules in accordance with section 111.15 of the Revised
Code as
necessary
to administer this section.

Sec.
5595.12.
The
governing board of a regional transportation improvement project
shall not use any amount pledged or allocated to the board under this
chapter for administrative expenses of the board without prior
approval of the director of transportation. The director may approve
expenses individually by line item or may approve an aggregate amount
to be allocated for administrative expenses over a period of time not
exceeding twelve months.

The director may prescribe rules pursuant to Chapter 119. of the
Revised Code necessary to implement this section.

Sec.
5703.021.
(A)
There is hereby established a small claims docket within the board of
tax appeals.

(B)
An appeal may be filed with the board of tax appeals and assigned to
the small claims docket as authorized under division (C) of this
section, provided the appeal is either of the following:

(1)
Commenced under section 5717.01 of the Revised Code in which the
property at issue qualifies for the partial tax exemption described
in section 319.302 of the Revised Code; or

(2)
Commenced under section 5717.011 or 5717.02 of the Revised Code when
the amount in controversy claimed by the taxpayer does not exceed ten
thousand dollars exclusive of interest and penalty. The board by rule
may modify the jurisdictional dollar threshold for cases qualifying
for the small claims docket.

(C)(1)
An appeal may be assigned to the small claims docket only if either
of the following applies:

(a)
The appellant is one or more taxpayers that requests assignment of
the appeal to the small claims docket;

(b)
The appellant is not a taxpayer, and the appellant files with the
notice of appeal a written statement from every taxpayer that is a
party to the appeal stating that each such taxpayer consents to the
appeal being assigned to the small claims docket.

(2)
After an appeal is assigned to the small claims docket or the regular
docket, the board may reassign the case to the regular docket or the
small claims docket, respectively, only with the written consent of
all the parties or as authorized under division (D) of this section.

(D)
Notwithstanding division (B) of this section, the board shall
reassign an appeal initially assigned to the small claims docket to
the regular docket upon the request of a party that is a taxpayer,
when the appeal presents an issue of public or great general interest
or presents a constitutional issue, or when the board determines that
the appeal does not meet the requirements of division (B) of this
section.

(E)
The board shall
adopt
rules to
implement
procedures to provide informal review of the taxpayers' appeals in
the small claims docket, which may include telephonic hearings.

(F)
A decision or order for an appeal assigned to the small claims docket
shall be conclusive as to all parties and may not be appealed, and
shall be recorded in the journal required by division (C) of section
5703.02 of the Revised Code, but such a decision or order shall not
be considered as precedent in any other case, hearing, or proceeding.

(G)
The appearance of an attorney at law licensed to practice law in this
state on behalf of any party to an appeal assigned to the small
claims docket is permitted but not required. A person other than a
natural person, which is a real party in interest as taxpayer or
claimant, or an entity that may participate by statute, may commence
such an appeal or appear through an attorney at law licensed to
practice law in this state. Such an organization may, through any
bona fide officer, partner, member, trustee, or salaried employee,
file and present its claim or defense in any appeal assigned to the
small claims docket, provided the organization does not, in the
absence of representation by an attorney at law licensed to practice
law in this state, engage in cross-examination, argument, or other
acts of advocacy.

The board may provide by rule for additional guidelines applicable to
practice before the board.

Sec.
5703.49.
(A)
On or before December 31, 2001, the tax commissioner shall establish
an electronic site accessible through the internet. The tax
commissioner shall provide access on the site for each municipal
corporation that has not established its own electronic site to post
documents or information required under section 718.07 of the Revised
Code. The tax commissioner shall provide electronic links for each
municipal corporation that establishes a site under that section and
for which a uniform resource locator has been provided to the tax
commissioner. The tax commissioner is not responsible for the
accuracy of the posted information, and is not liable for any
inaccurate or outdated information provided by a municipal
corporation. The tax commissioner may adopt rules governing the
format and means of submitting such documents or information

and other matters necessary to implement this section
.
The tax commissioner may charge municipal corporations a fee to
defray the cost of establishing and maintaining the electronic site
established under this section.

(B)
The tax commissioner shall deposit any fees received under this
section to the credit of the municipal internet site fund, which is
hereby created in the state treasury. The commissioner shall use the
fund for costs of establishing and maintaining the electronic site
established under this section.

Sec.
5703.56.
(A)
As used in this section:

(1)
"Sham transaction" means a transaction or series of
transactions without economic substance because there is no business
purpose or expectation of profit other than obtaining tax benefits.

(2)
"Tax" includes any tax or fee administered by the tax
commissioner.

(3)
"Taxpayer" includes any entity subject to a tax.

(4)
"Controlled group" means two or more persons related in
such a way that one person directly or indirectly owns or controls
the business operation of another member of the group. In the case of
persons with stock or other equity, one person owns or controls
another if it directly or indirectly owns more than fifty per cent of
the other person's common stock with voting rights or other equity
with voting rights.

(B)
The tax commissioner may disregard any sham transaction in
ascertaining any taxpayer's tax liability. Except as otherwise
provided in the Revised Code, with respect to transactions between
members of a controlled group, the taxpayer shall bear the burden of
establishing by a preponderance of the evidence that a transaction or
series of transactions between the taxpayer and one or more members
of the controlled group was not a sham transaction. Except as
otherwise provided in the Revised Code, for all other taxpayers, the
tax commissioner shall bear the burden of establishing by a
preponderance of the evidence that a transaction or series of
transactions was a sham transaction.

(C)
In administering any tax, the tax commissioner may apply the
doctrines of "economic reality," "substance over
form," and "step transaction."

(D)
If the commissioner disregards a sham transaction under division (B)
of this section, the applicable limitation period for assessing the
tax, together with applicable penalties, charges, and interest, shall
be extended for a period equal to the applicable limitation period.
Nothing in this division shall be construed as extending an
applicable limitation period for claiming any refund of a tax.

(E)
The tax commissioner may, in accordance with Chapter 119. of the
Revised Code, adopt rules that are necessary to administer this
section, including rules establishing criteria for identifying sham
transactions.

Sec.
5703.76.
Any
payment or distribution of money that the tax commissioner is
required by law to make to a political subdivision of this state, an
officer thereof, or a political party shall be made by electronic
funds transfer.
The
commissioner shall promulgate any rules necessary to administer this
section.

Sec.
5703.77.
(A)
As used in this section:

(1)
"Taxpayer" means a person subject to or previously subject
to a tax or fee, a person that remits a tax or fee, or a person
required to or previously required to withhold or collect and remit a
tax or fee on behalf of another person.

(2)
"Tax or fee" means a tax or fee administered by the tax
commissioner.

(3)
"Credit account balance" means the amount that a taxpayer
remits to the state in excess of the amount required to be remitted,
after accounting for factors applicable to the taxpayer such as
accelerated payments, estimated payments, tax credits, and tax credit
balances that may be carried forward.

(4)
"Tax debt" means an unpaid tax or fee or any unpaid
penalty, interest, or additional charge on such a tax or fee due the
state.

(B)
As soon as practicable, but not later than sixty days before the
expiration of the period of time during which a taxpayer may file a
refund application for a tax or fee, the tax commissioner shall
review the taxpayer's accounts for the tax or fee and notify the
taxpayer of any credit account balance for which the commissioner is
required to issue a refund if the taxpayer were to file a refund
application for that balance, regardless of whether the taxpayer
files a refund application or amended return with respect to that tax
or fee. The notice shall be made using contact information for the
taxpayer on file with the commissioner.

(C)
Notwithstanding sections 128.47, 718.91, 3734.905, 4307.05, 5726.30,
5727.28, 5727.42, 5727.91, 5728.061, 5735.122, 5736.08, 5739.07,
5739.104, 5741.10, 5743.05, 5743.53, 5747.11, 5749.08, 5751.08,
5753.06, and any other section of the Revised Code governing refunds,
the commissioner may apply the amount of any credit account balance
for which the commissioner is required to issue a refund if the
taxpayer were to file a refund application for that balance as a
credit against the taxpayer's liability for the tax or fee in the
taxpayer's next reporting period for that tax or fee or issue a
refund of that credit account balance to the taxpayer, subject to
division (D) of this section.

(D)
Before issuing a refund to a taxpayer under division (C) of this
section, the tax commissioner shall withhold from that refund the
amount of any of the taxpayer's tax debt certified to the attorney
general under section 131.02 of the Revised Code and the amount of
the taxpayer's liability, if any, for a tax debt. The commissioner
shall apply any amount withheld first in satisfaction of the amount
of the taxpayer's certified tax debt and then in satisfaction of the
taxpayer's liability. If the credit account balance originates from
the tax administered under sections 718.80 to 718.95 of the Revised
Code, it may be applied only against the taxpayer's certified tax
debt or tax liability due under those sections.

(E)
The tax commissioner may adopt rules to administer this section.

Sec.
5703.94.
(A)
As used in this section:

(1)
"Declared disaster" means an event for which a disaster
declaration has been issued.

(2)
"Disaster declaration" means a declaration issued by the
president of the United States or the governor of this state that an
emergency exists.

(3)
"Disaster response period" means the period that begins on
the tenth day preceding the day on which a disaster declaration is
issued through the sixtieth day following the day that the disaster
declaration expires or is rescinded.

(4)
"Disaster work" means both of the following:

(a)
Repairing, renovating, installing, or constructing critical
infrastructure damaged or destroyed by the declared disaster, or
other business activities related to that critical infrastructure;

(b)
Activities conducted in preparation for any activity described in
division (A)(4)(a) of this section.

(5)
"Critical infrastructure" means property and equipment
owned or used by a qualifying owner or user to provide service to
more than one customer, including related support facilities such as
buildings, offices, power lines, cable lines, poles, communication
lines, and structures.

(6)
"Qualifying owner or user" means a public utility,
commercial mobile radio service provider, cable service provider, or
video service provider.

(7)
"Public utility" has the same meaning as in section 4905.02
of the Revised Code, without regard to the exclusions from that
definition prescribed in divisions (A)(1) to (5) of that section.

(8)
"Commercial mobile radio service provider" means a person
providing commercial mobile service as defined in 47 U.S.C. 332(d).

(9)
"Cable service provider" and "video service provider"
have the same meanings as in section 1332.21 of the Revised Code.

(10)
"Out-of-state disaster business" means a person that does
all of the following or to which apply all of the following:

(a)
Receives a qualifying solicitation;

(b)
Conducts disaster work in this state during a disaster response
period;

(c)
Is not subject to taxation under Chapter 5747. or 5751. of the
Revised Code on any basis other than such disaster work during the
calendar year preceding the year in which the disaster response
period begins or is subject to such taxation during that year solely
because the person is a related member of another person.

(11)
"Out-of-state employee" means an individual who performs no
work in this state, except disaster work during a disaster response
period, from the first day of the preceding calendar year to the date
on which the disaster response period begins.

(12)
"Related member" has the same meaning as in section
5733.042 of the Revised Code without regard to division (B) of that
section.

(13)
"Qualifying solicitation" means a written solicitation or
request from the state, a county, municipal corporation, or township,
or a qualifying user or owner of critical infrastructure soliciting
or requesting the assistance of a person to perform disaster work in
this state.

(14)
"Qualifying employee" means one of the following:

(a)
An out-of-state employee performing disaster work in this state
during a disaster response period whose employer receives a
qualifying solicitation to perform such work;

(b)
An out-of-state employee performing disaster work in this state on
critical infrastructure owned or used by the employee's employer
during a disaster response period, provided that employer is a
qualifying user or owner.

(B)
An out-of-state disaster business or qualifying employee shall
qualify for all of the following, as applicable:

(1)
The exemption authorized in division (C)(20) of section 718.01, the
exemption authorized in division (C)(10) of section 5741.02, the
deduction authorized in division (A)(30) of section 5747.01, and the
exclusion authorized in division (F)(2)(ll) of section 5751.01 of the
Revised Code;

(2)
An exemption from any requirement to file a document or application
with or to remit a fee to the secretary of state as a condition
precedent to engaging in business in this state, in accordance with
section 1701.041 of the Revised Code;

(3)
An exemption from the requirements of Chapters 4121., 4123., and
4141. of the Revised Code, in accordance with division (A)(2) of
section 4123.01 and section 4141.42 of the Revised Code;

(4)
An exemption from the requirement to obtain a state or local
occupational license or other authorization, in accordance with
section 4799.04 of the Revised Code.

(C)(1)
Upon the request of the tax commissioner, an out-of-state disaster
business shall provide the following information to the commissioner:

(a)
The name of the out-of-state disaster business and the address of its
principal place of business;

(b)
The business' federal tax identification number;

(c)
A copy of the qualifying solicitation received by the business;

(d)
The dates that the out-of-state disaster business and each of the
business' out-of-state employees performing disaster work in this
state during a disaster response period began performing disaster
work in this state during that period;

(e)
The name and social security number of each of the out-of-state
disaster business' out-of-state employees performing disaster work in
this state during a disaster response period;

(f)
The name of any person of which the out-of-state disaster business is
a related member, provided that person is subject to taxation under
Chapter 5747. or 5751. of the Revised Code during the calendar year
preceding the year in which the disaster response period begins;

(g)
Any other information required by the tax commissioner.

(2)
Upon the request of the tax commissioner, the employer of a
qualifying employee shall provide the following information to the
commissioner:

(a)
The employer's name and the address of its principal place of
business;

(b)
The employer's federal tax identification number;

(c)
For the employer of a qualifying employee described in division
(A)(14)(a) of this section, a copy of the qualifying solicitation
received by the employer;

(d)
The date each of the employer's out-of-state employees performing
disaster work in this state during a disaster response period began
performing disaster work in this state during that period;

(e)
The name and social security number of each of the employer's
out-of-state employees performing disaster work in this state during
a disaster response period;

(f)
Any other information required by the tax commissioner.

(3)
If the commissioner makes a request under division (C)(1) or (2) of
this section, the out-of-state disaster business or employer shall
submit information described in that division to the commissioner not
later than thirty days from the date the disaster response period
terminates or thirty days after the business or employer receives the
request, whichever is later.

(D)
The department of taxation may adopt rules necessary to administer
this section.

Sec.
5705.341.
Any
person required to pay taxes on real, public utility, or tangible
personal property in any taxing district or other political
subdivision of this state may appeal to the board of tax appeals from
the action of the county budget commission of any county which
relates to the fixing of uniform rates of taxation and the rate
necessary to be levied by each taxing authority within a subdivision,
taxing unit, library district, or association library district and
which action has been certified by the county budget commission to
the taxing authority of any political subdivision or other taxing
district within the county.

Such
appeal shall be in writing and shall set forth the tax rate
complained of and the reason that such a tax rate is not necessary to
produce the revenue needed by the taxing district or political
subdivision for the ensuing fiscal year as those needs are set out in
the tax budget of said taxing unit or, if adoption of a tax budget
was waived under section 5705.281 of the Revised Code, as set out in
such other information the district or subdivision was required to
provide under that section, or that the action of the budget
commission appealed from does not otherwise comply with sections
5705.01 to 5705.47 of the Revised Code. The notice of appeal shall be
filed with the board of tax appeals, and a true copy thereof shall be
filed with the tax commissioner, the county auditor, and with the
fiscal officer of each taxing district or political subdivision
authorized to levy the tax complained of, and such notice of appeal
and copies thereof must be filed within thirty days after the budget
commission has certified its action as provided by section 5705.34 of
the Revised Code. Such notice of appeal and the copies thereof may be
filed either in person or by certified mail. If filed by certified
mail, the date of the United States postmark placed on the sender's
receipt by the postal employee to whom the notice of appeal is
presented shall be treated as the date of filing.

Prior
to filing the appeal provided by this section, the appellant shall
deposit with the county auditor of the county or, in the event the
appeal concerns joint taxing districts in two or more counties, with
the county auditor of the county with the greatest valuation of
taxable property the sum of five hundred dollars to cover the costs
of the proceeding. The county auditor shall forthwith issue a pay-in
order and pay such money into the county treasury to the credit of
the general fund. The appellant shall produce the receipt of the
county treasurer for such deposit and shall file such receipt with
the notice of appeal.

The
board of tax appeals shall forthwith consider the matter presented on
appeal from the action of the county budget commission and may modify
any action of the commission with reference to the fixing of tax
rates, to the end that no tax rate shall be levied above that
necessary to produce the revenue needed by the taxing district or
political subdivision for the ensuing fiscal year and to the end that
the action of the budget commission appealed from shall otherwise be
in conformity with sections 5705.01 to 5705.47 of the Revised Code.
The findings of the board of tax appeals shall be substituted for the
findings of the budget commission and shall be sent to the county
auditor and the taxing authority of the taxing district or political
subdivision affected as the action of such budget commission under
sections 5705.01 to 5705.47 of the Revised Code and to the tax
commissioner. At the request of an appellant, the findings of the
board of tax appeals shall be sent by certified mail at the
appellant's expense.

The
board of tax appeals shall promptly prepare a cost bill listing the
expenses incurred by the board in conducting any hearing on the
appeal and certify the cost bill to the county auditor of the county
receiving the deposit for costs, who shall forthwith draw a warrant
on the general fund of the county in favor of the person or persons
named in the bill of costs certified by the board of tax appeals.

In
the event the appellant prevails, the board of tax appeals promptly
shall direct the county auditor to refund the deposit to the
appellant and the costs shall be taxed to the taxing district or
political subdivision involved in the appeal. The county auditor
shall withhold from any funds then or thereafter in the auditor's
possession belonging to the taxing district or political subdivision
named in the order of the board of tax appeals and shall reimburse
the general fund of the county.

If
the appellant fails, the costs shall be deducted from the deposit
provided for in this section and any balance which remains shall be
refunded promptly to the appellant by warrant of the county auditor
drawn on the general fund of the county.

Nothing
in this section or any section of the Revised Code shall permit or
require the levying of any rate of taxation, whether within the
ten-mill limitation or whether the levy has been approved by the
electors of a taxing district, political subdivision, library
district, or association library district, or by the charter of a
municipal corporation in excess of such ten-mill limitation, unless
such rate of taxation for the ensuing fiscal year is clearly required
by a budget of the taxing district or political subdivision properly
and lawfully adopted under this chapter, or by other information that
must be provided under section 5705.281 of the Revised Code if a tax
budget was waived.

In
the event more than one appeal is filed involving the same taxing
district or political subdivision, all such appeals may be
consolidated by the board of tax appeals and heard at the same time.

Nothing
herein contained shall be construed to bar or prohibit the tax
commissioner from initiating an investigation or hearing on the
commissioner's own motion.

The
tax commissioner shall adopt and issue such orders
,
rules,

and instructions, not inconsistent with law, as the commissioner
deems necessary, as to the exercise of the powers and the discharge
of the duties of any particular county budget commission, county
auditor, or other officer which relate to the budget, the assessment
of property, or the levy and collection of taxes. The commissioner
shall cause the orders and instructions issued by the commissioner to
be obeyed.

Sec.
5709.112.
For
tax year 2006 and each tax year thereafter, all tangible personal
property used in the recovery of oil or gas, when installed and
located on the premises or leased premises of the owner, shall be
exempt from taxation. Such tangible personal property shall be
subject to taxation if it is not installed on the premises or leased
premises of the owner, or if it is used for the transmission,
transportation, or distribution of oil or gas, as provided in section
5711.22 of the Revised Code.
The
tax commissioner may adopt rules governing the administration of the
exemption provided by this section.

This
section does not apply to any taxpayer that is required to file a
report under section 5727.08 of the Revised Code.

Sec.
5709.67.
(A)
Except as otherwise provided in sections 5709.61 to 5709.69 of the
Revised Code, the director of development shall administer those
sections

and shall adopt rules necessary to implement and administer the
enterprise zone program
.
The director shall assign to each zone currently certified a unique
designation by which the zone shall be identified for purposes of
administering sections 5709.61 to 5709.69 of the Revised Code. The
tax commissioner shall administer all other tax incentives provided
under sections 5709.61 to 5709.69 of the Revised Code

and shall adopt rules necessary to carry out that duty. No tax
incentive qualification certificate or employee tax credit
certificate shall be issued or remain in effect unless the enterprise
applying for or holding the certificate complies with all such rules
.
The director of job and family services shall administer the
incentive provided under division (B)(1) of section 5709.66 of the
Revised Code

and shall adopt rules necessary to carry out that duty. No extension
of benefits certificate shall be issued or remain in effect unless
the enterprise applying for or holding the certificate complies with
all such rules
.

(B)
Not later than the first day of August each year, the director of
development shall report to the general assembly on all of the
following for the preceding calendar year:

(1)
The cost to the state of the tax and other incentives provided under
sections 5709.61 to 5709.69 of the Revised Code;

(2)
The number of tax incentive qualification certificates, employee tax
credit certificates, and extension of benefits certificates issued;

(3)
The names of the municipal corporations and counties that have
entered agreements under sections 5709.62, 5709.63, and 5709.632 of
the Revised Code;

(4)
The number of new employees hired as a result of the tax and other
incentives provided under sections 5709.61 to 5709.69 of the Revised
Code;

(5)
Information on agreement terms concerning school district revenue
that are not provided for in section 5709.631 of the Revised Code and
that are forwarded to the director under division (H) of section
5709.62, division (H) of section 5709.63, or division (G) of section
5709.632 of the Revised Code.

The
report shall include a finding by the director as to whether the
incentives provided under sections 5709.61 to 5709.69 of the Revised
Code have resulted in the creation of more positions in the state
than would have been created without the incentives. The director
shall send a copy of the report to each member of the general
assembly and to the director of the legislative service commission.

Sec.
5713.012.
(A)
For purposes of this section:

(1)
"Mass appraisal project" means any sexennial reappraisal,
triennial update, or other revaluation of all real property or the
valuation of newly constructed real property in accordance with
section 5713.01 of the Revised Code.

(2)
"Qualified project manager" means a person who plans,
manages, coordinates, and controls the execution of a mass appraisal
project under the direction of the county auditor and who has all of
the following qualifications:

(a)
Has passed a comprehensive final examination that corresponds to a
course, approved by the superintendent of real estate and
professional licensing, that consists of at least thirty hours of
instruction, quizzes, and learning aids. The superintendent shall not
approve a course under this division that does not address the
following topics in both the instruction and the examination:

(i)
Concepts and principles of mass appraisal as they relate to the
assessment of real property for the purposes of ad valorem taxation;

(ii)
Methods of data collection and data management relative to parcels of
real property, including modern alternative data collection methods
and currently utilized computer-assisted mass appraisal systems;

(iii)
Assessment sales-ratio study including various measures of central
tendency, the various measures of dispersion of data about the mean,
median, and dollar-weighted mean, and the advantages and
disadvantages of various analysis techniques;

(iv)
Traditional approaches of property valuation, including the cost
approach, the sales comparison approach, and the income approach, as
they are implemented in a mass appraisal project;

(v)
Methods and systems for model building and model calibration as
related to mass appraisal of real property;

(vi)
Methods of production management and project analysis such as Gantt
charts, program evaluation and review technique (PERT) charts,
frequency distribution charts, line graphs, bar charts, and scatter
diagrams, as they are utilized in the mass appraisal area.

(b)
Has completed at least seven hours of continuing education courses in
real property or mass appraisal during the two-year period
immediately succeeding the year in which the person passed the
examination required in division (A)(2)(a) of this section, and
during each two-year period thereafter.

(B)(1)
The county auditor, in acting as the assessor of all real property in
the auditor's county for taxation purposes in accordance with section
5713.01 of the Revised Code, shall involve at least one qualified
project manager in each mass appraisal project that originates more
than two years after the effective date of the enactment of this
section by H.B. 487 of the 129th general assembly, September 10,
2012.

(2)
The tax commissioner, beginning two years after the effective date of
the enactment of this section by H.B. 487 of the 129th general
assembly, September 10, 2012, shall not approve any contract entered
into by the auditor under division (E) of section 5713.01 of the
Revised Code with a person to do all or any part of the work
necessary to the performance of the auditor's duties as assessor
unless that person designates an officer or employee of that person,
with the appropriate credentials, to act as a qualified project
manager.

(3)
The tax commissioner, beginning two years after the effective date of
the enactment of this section by H.B. 487 of the 129th general
assembly, September 10, 2012, shall not include any person that has
not designated an officer or employee, with the appropriate
credentials, to act as a qualified project manager on a list
generated by the commissioner for either of the following purposes:

(a)
To assist county auditors in selecting a person to do all or any part
of the work necessary to the performance of the auditor's duties as
assessor of all real property under section 5713.01 of the Revised
Code;

(b)
To assist the commissioner in the consideration of whether to approve
or disapprove the auditor's application requesting authority to
employ an appraisal firm or individual appraiser.

(C)
The superintendent of real estate and professional licensing shall
adopt
reasonable

rules
in accordance with Chapter 119. of the Revised Code
necessary
for the implementation of this section, including rules
establishing
both of the following:

(1)
The form and manner by which persons may apply to the superintendent
to offer a thirty-hour course or continuing education course as
described in division (A)(2) of this section;

(2)
Standards to be used by the superintendent in approving a thirty-hour
course or continuing education course described in division (A)(2) of
this section.

Sec.
5715.29.
The
tax commissioner shall
prescribe
such general and uniform rules and
issue
such orders and instructions, not inconsistent with law, as
he

the commissioner

deems necessary
,

as to the exercise of the powers and the discharge of the duties of
all officers which relate to the assessment of property and the levy
and collection of taxes. The commissioner shall cause
the
rules prescribed by him to be observed,

the orders and instructions issued
by
him

under this section

to be obeyed
,

and the forms prescribed
by
him

under this section

to be observed and used.

Sec.
5725.33.
(A)
Except as otherwise provided in this section, terms used in this
section have the same meaning as section 45D of the Internal Revenue
Code, any related proposed, temporary, or final regulations
promulgated under the Internal Revenue Code, any rules or guidance of
the internal revenue service or the United States department of the
treasury, and any related rules or guidance issued by the community
development financial institutions fund of the United States
department of the treasury, as such law, regulations, rules, and
guidance exist on October 16, 2009.

As
used in this section:

(1)
"Adjusted purchase price" means the amount paid for the
portion of a qualified equity investment approved or certified by the
director of development
services

for
a qualified community development entity

in accordance with rules adopted under division (E) of this section
.

(2)
"Applicable percentage" means zero per cent for each of the
first two credit allowance dates, seven per cent for the third credit
allowance date, and eight per cent for the four following credit
allowance dates.

(3)
"Credit allowance date" means the date, on or after January
1, 2010, a qualified equity investment is made and each of the six
anniversary dates thereafter. For qualified equity investments made
after October 16, 2009, but before January 1, 2010, the initial
credit allowance date is January 1, 2010, and each of the six
anniversary dates thereafter is on the first day of January of each
year.

(4)
"Qualified community development entity" includes only
entities:

(a)
That have entered into an allocation agreement with the community
development financial institutions fund of the United States
department of the treasury with respect to credits authorized by
section 45D of the Internal Revenue Code;

(b)
Whose service area includes any portion of this state; and

(c)
That will designate an equity investment in such entities as a
qualified equity investment for purposes of both section 45D of the
Internal Revenue Code and this section.

(5)
"Qualified equity investment" is limited to an equity
investment in a qualified community development entity that:

(a)
Is acquired after October 16, 2009, at its original issuance solely
in exchange for cash;

(b)
Has at least eighty-five per cent of its cash purchase price used by
the qualified community development entity to make qualified
low-income community investments in qualified active low-income
community businesses in this state, provided that in the seventh year
after a qualified equity investment is made, only seventy-five per
cent of such cash purchase price must be used by the qualified
community development entity to make qualified low-income community
investments in those businesses; and

(c)
Is designated by the issuer as a qualified equity investment.

"Qualified
equity investment" includes any equity investment that would,
but for division (A)(5)(a) of this section, be a qualified equity
investment in the hands of the taxpayer if such investment was a
qualified equity investment in the hands of a prior holder.

(B)
There is hereby allowed a nonrefundable credit against the tax
imposed by section 5725.18 of the Revised Code for an insurance
company holding a qualified equity investment on the credit allowance
date occurring in the calendar year for which the tax is due. The
credit shall equal the applicable percentage of the adjusted purchase
price, subject to divisions (B)(1) and (2) of this section:

(1)
For the purpose of calculating the amount of qualified low-income
community investments held by a qualified community development
entity, an investment shall be considered held by a qualified
community development entity even if the investment has been sold or
repaid, provided that, at any time before the seventh anniversary of
the issuance of the qualified equity investment, the qualified
community development entity reinvests an amount equal to the capital
returned to or received or recovered by the qualified community
development entity from the original investment, exclusive of any
profits realized and costs incurred in the sale or repayment, in
another qualified low-income community investment in this state
within twelve months of the receipt of such capital. If the qualified
low-income community investment is sold or repaid after the sixth
anniversary of the issuance of the qualified equity investment, the
qualified low-income community investment shall be considered held by
the qualified community development entity through the seventh
anniversary of the qualified equity investment's issuance.

(2)
The qualified low-income community investment made in this state
shall equal the sum of the qualified low-income community investments
in each qualified active low-income community business in this state,
not to exceed two million five hundred sixty-four thousand dollars,
in which the qualified community development entity invests,
including such investments in any such businesses in this state
related to that qualified active low-income community business
through majority ownership or control.

The
credit shall be claimed in the order prescribed by section 5725.98 of
the Revised Code. If the amount of the credit exceeds the amount of
tax otherwise due after deducting all other credits in that order,
the excess may be carried forward and applied to the tax due for not
more than four ensuing years.

By
claiming a tax credit under this section, an insurance company waives
its rights under section 5725.222 of the Revised Code with respect to
the time limitation for the assessment of taxes as it relates to
credits claimed that later become subject to recapture under division
(E) of this section.

(C)
The aggregate amount of credit allocations made by the director of
development
services

under
this section and sections 5726.54, 5729.16, and 5733.58 of the
Revised Code each fiscal year shall not exceed ten million dollars.

(D)
If any amount of the federal tax credit allowed for a qualified
equity investment for which a credit was received under this section
is recaptured under section 45D of the Internal Revenue Code, or if
the director of development
services

determines
that an investment for which a tax credit is claimed under this
section is not a qualified equity investment or that the proceeds of
an investment for which a tax credit is claimed under this section
are used to make qualified low-income community investments other
than in a qualified active low-income community business in this
state, all or a portion of the credit received on account of that
investment shall be paid by the insurance company that received the
credit to the superintendent of insurance. The amount to be recovered
shall be determined by the director of development
services

pursuant
to rules adopted under division (E) of this section. The director
shall certify any amount due under this division to the
superintendent of insurance, and the superintendent shall notify the
treasurer of state of the amount due. Upon notification, the
treasurer shall invoice the insurance company for the amount due. The
amount due is payable not later than thirty days after the date the
treasurer invoices the insurance company. The amount due shall be
considered to be tax due under section 5725.18 of the Revised Code,
and may be collected by assessment without regard to the time
limitations imposed under section 5725.222 of the Revised Code for
the assessment of taxes by the superintendent. All amounts collected
under this division shall be credited as revenue from the tax levied
under section 5725.18 of the Revised Code.

(E)
The tax credits authorized under this section and sections 5726.54,
5729.16, and 5733.58 of the Revised Code shall be administered by the

department
of
development

services agency
.
The director of development

services
,
in consultation with the tax commissioner and the superintendent of
insurance, pursuant to Chapter 119. of the Revised Code, shall adopt
rules
for
the administration of this section and sections 5726.54, 5729.16, and
5733.58 of the Revised Code. The rules shall provide
providing

for
determining the recovery of credits under division (D) of this
section and under sections 5726.54, 5729.16, and 5733.58 of the
Revised Code, including prorating the amount of the credit to be
recovered on any reasonable basis, the manner in which credits may be
allocated among claimants, and the amount of any application or other
fees to be charged in connection with a recovery.

(F)
The director of development
services

is
authorized to charge reasonable application and other fees in
connection with the administration of tax credits authorized by this
section and sections 5726.54, 5729.16, and 5733.58 of the Revised
Code. Any such fees collected shall be credited to the tax incentives
operating fund created in section 122.174 of the Revised Code.

(G)
Tax credits earned or allocated to a pass-through entity, as that
term is defined in section 5733.04 of the Revised Code, under section
5725.33, 5726.54, 5729.16, or 5733.58 of the Revised Code may be
allocated to persons having a direct or indirect ownership interest
in the pass-through entity for such persons' direct use in accordance
with the provisions of any mutual agreement between such persons.

Sec.
5725.36.
(A)
Terms used in this section have the same meanings as in section
175.16 of the Revised Code.

(B)
There is allowed a nonrefundable tax credit against the tax imposed
by section 5725.18 of the Revised Code for a domestic insurance
company that is allocated a credit issued by the executive director
of the Ohio housing finance agency under section 175.16 of the
Revised Code. The credit equals the amount allocated to such company
for the calendar year and reported by the designated reporter on the
form prescribed by division
(I)
(H)

of section 175.16 of the Revised Code.

The
credit authorized in this section shall be claimed in the order
required under section 5725.98 of the Revised Code. If the amount of
a credit exceeds the tax otherwise due under section 5725.18 of the
Revised Code after deducting all other credits preceding the credit
in the order prescribed in section 5725.98 of the Revised Code, the
excess may be carried forward for not more than five ensuing calendar
years. The amount of the excess credit claimed in any such year shall
be deducted from the balance carried forward to the next calendar
year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5726.58, 5729.19, or 5747.83 of the Revised
Code.

Sec.
5726.10.
The
tax commissioner shall enforce and administer this chapter. In
addition to any other powers conferred upon the commissioner by law,
the commissioner may do
any

both

of
the following:

(A)
Prescribe all forms required to be filed pursuant to this chapter;

(B)

Promulgate
such rules and regulations as the commissioner finds necessary to
carry out this chapter;

(C)

Appoint
and employ such personnel as are necessary to carry out the duties
imposed upon the commissioner by this chapter.

Sec.
5726.31.
As
used in this section, "debt to this state" means unpaid
taxes due the state, unpaid workers' compensation premiums due under
section 4123.35 of the Revised Code, unpaid unemployment compensation
contributions due under section 4141.25 of the Revised Code, unpaid
unemployment compensation payments in lieu of contributions due under
section 4141.241 of the Revised Code, unpaid claims certified under
section 131.02 or 131.021 of the Revised Code, unpaid fees payable to
the state or to the clerk of courts pursuant to section 4505.06 of
the Revised Code or any unpaid charge, penalty, or interest arising
from any of the foregoing.

If
a person entitled to a refund under section 5726.30 of the Revised
Code owes any debt to this state, the amount refundable may be
applied in satisfaction of the debt. If the amount refundable is less
than the amount of the debt, it may be applied in partial
satisfaction of the debt. If the amount refundable is greater than
the amount of the debt, the amount remaining after satisfaction of
the debt shall be refunded. If the taxpayer has more than one such
debt, any debt subject to section 5739.33 or division (G) of section
5747.07 of the Revised Code shall be satisfied first.

Except
as provided in section 131.021 of the Revised Code, this section
applies only to debts that have become final. For the purposes of
this section, a debt becomes final when, under the applicable law,
any time provided for petition for reassessment, request for
reconsideration, or other appeal of the legality or validity of the
amount giving rise to the debt expires without an appeal having been
filed in the manner provided by law.

The
tax commissioner may charge each respective agency of the state for
the commissioner's cost in applying refunds to debts due to the state
and may charge the attorney general for the commissioner's cost in
applying refunds to certified claims.
The
commissioner may promulgate rules to implement this section.

The
commissioner may, with the consent of the reporting person for a
taxpayer, provide for the crediting of the amount of any refund due
to the taxpayer under this chapter for a tax year against the tax due
for any succeeding tax year.

Sec.
5726.58.
(A)
Terms used in this section have the same meanings as in section
175.16 of the Revised Code.

(B)
A taxpayer may claim a nonrefundable tax credit against the tax
imposed under section 5726.02 of the Revised Code for each person
included in the annual report of the taxpayer that is allocated a
credit issued by the executive director of the Ohio housing finance
agency under section 175.16 of the Revised Code. The credit equals
the amount allocated to such person for the taxable year and reported
by the designated reporter on the form prescribed by division
(I)
(H)

of section 175.16 of the Revised Code.

The
credit authorized in this section shall be claimed in the order
required under section 5726.98 of the Revised Code. If the amount of
a credit exceeds the tax otherwise due under section 5726.02 of the
Revised Code after deducting all other credits preceding the credit
in the order prescribed in section 5726.98 of the Revised Code, the
excess may be carried forward for not more than five ensuing tax
years. The amount of the excess credit claimed in any such year shall
be deducted from the balance carried forward to the next tax year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5725.36, 5729.19, or 5747.83 of the Revised
Code.

Sec.
5727.88.
The
tax commissioner shall administer sections 5727.80 to 5727.95 of the
Revised Code

and may adopt such rules as are necessary to administer those
sections
.
Upon request of the tax commissioner, the public utilities commission
shall assist the tax commissioner by providing information regarding
any natural gas distribution company or electric distribution company
that is subject to regulation by the commission.

Sec.
5728.06.
(A)
For the following purposes, an excise tax is hereby imposed on the
use of motor fuel to operate on the public highways of this state a
commercial car with three or more axles, regardless of weight,
operated alone or as part of a commercial tandem, a commercial car
with two axles having a gross vehicle weight or registered gross
vehicle weight exceeding twenty-six thousand pounds operated alone or
as part of a commercial tandem, or a commercial tractor operated
alone or as part of a commercial tractor combination or commercial
tandem: to provide revenue for maintaining the state highway system,
to widen existing surfaces on such highways, to resurface such
highways, to enable the counties of the state properly to plan for,
maintain, and repair their roads, to enable the municipal
corporations to plan, construct, reconstruct, repave, widen,
maintain, repair, clear, and clean public highways, roads, and
streets; to pay that portion of the construction cost of a highway
project that a county, township, or municipal corporation normally
would be required to pay, but that the director of transportation,
pursuant to division (B) of section 5531.08 of the Revised Code,
determines instead will be paid from moneys in the highway operating
fund; to maintain and repair bridges and viaducts; to purchase,
erect, and maintain street and traffic signs and markers; to
purchase, erect, and maintain traffic lights and signals; to pay the
costs apportioned to the public under section 4907.47 of the Revised
Code; and to supplement revenue already available for such purposes,
to distribute equitably among those persons using the privilege of
driving motor vehicles upon such highways and streets the cost of
maintaining and repairing the same, and to pay the interest,
principal, and charges on bonds and other obligations issued pursuant
to Section 2i of Article VIII, Ohio Constitution, and sections
5528.30 and 5528.31 of the Revised Code. The tax is imposed in the
same amount as the motor fuel tax imposed under Chapter 5735. of the
Revised Code. Payment of the fuel use tax shall be made by the
purchase within Ohio of such gallons of motor fuel, for which the tax
imposed under Chapter 5735. of the Revised Code has been paid, as is
equivalent to the gallons consumed while operating such a motor
vehicle on the public highways of this state, or by direct remittance
to the treasurer of state with the fuel use tax return filed pursuant
to section 5728.08 of the Revised Code.

Any
person subject to the tax imposed under this section who purchases
motor fuel in this state for use in another state in excess of the
amount consumed while operating such motor vehicle on the public
highways of this state shall be allowed a credit against the tax
imposed by this section or a refund equal to the motor fuel tax paid
to this state on such excess. No such credit or refund shall be
allowed for taxes paid to any state that imposes a tax on motor fuel
purchased or obtained in this state and used on the highways of such
other state but does not allow a similar credit or refund for the tax
paid to this state on motor fuel purchased or acquired in the other
state and used on the public highways of this state.

The
tax commissioner is authorized to determine whether such credits or
refunds are available

and to prescribe such rules as are required for the purpose of
administering this chapter
.

(B)
Within sixty days after the last day of each month, the tax
commissioner shall determine the amount of motor fuel tax allowed as
a credit against the tax imposed by this section. The commissioner
shall certify the amount to the director of budget and management and
the treasurer of state, who shall credit the amount in accordance
with section 5728.08 of the Revised Code from current revenue
described under division (A)(1) of section 5735.05 of the Revised
Code.

(C)
The owner of each commercial car and commercial tractor subject to
sections 5728.01 to 5728.14 of the Revised Code is liable for the
payment of the full amount of the taxes imposed by this section.

An
owner who is a person regularly engaged, for compensation, in the
business of leasing or renting motor vehicles without furnishing
drivers may designate that the lessee of a motor vehicle leased for a
period of thirty days or more shall report and pay the tax incurred
during the duration of the lease. An owner who is an independent
contractor that furnishes both the driver and motor vehicle, may
designate that the person so furnished with the driver and motor
vehicle for a period of thirty days or more shall report and pay the
tax incurred during that period. An independent contractor that is
not an owner, but that furnishes both the driver and motor vehicle
and that has been designated by the owner of the motor vehicle to
report and pay the tax, may designate that the person so furnished
with driver and motor vehicle for a period of thirty days or more
shall report and pay the tax incurred during that period.

Sec.
5729.19.
(A)
Terms used in this section have the same meanings as in section
175.16 of the Revised Code.

(B)
There is allowed a nonrefundable tax credit against the tax imposed
by section 5729.03 or 5729.06 of the Revised Code for a foreign
insurance company that is allocated a credit issued by the executive
director of the Ohio housing finance agency under section 175.16 of
the Revised Code. The credit equals the amount allocated to such
company for the calendar year and reported by the designated reporter
on the form prescribed by division
(I)
(H)

of section 175.16 of the Revised Code.

The
credit authorized in this section shall be claimed in the order
required under section 5729.98 of the Revised Code. If the amount of
a credit exceeds the tax otherwise due under section 5729.03 or
5729.06 of the Revised Code after deducting all other credits
preceding the credit in the order prescribed in section 5725.98 of
the Revised Code, the excess may be carried forward for not more than
five ensuing calendar years. The amount of the excess credit claimed
in any such year shall be deducted from the balance carried forward
to the next calendar year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5725.36, 5726.58, or 5747.83 of the Revised
Code.

A
foreign insurance company shall not be required to pay any additional
tax levied under section 5729.06 of the Revised Code as a result of
claiming the tax credit authorized by this section.

Sec.
5731.011.
(A)
As used in this section:

(1)
"Adjusted value" means:

(a)
In the case of the gross estate, the value of the gross estate as
determined pursuant to section 5731.01 of the Revised Code and
without regard to this section, reduced by any amounts allowable as a
deduction under division (A)(4) of section 5731.16 of the Revised
Code;

(b)
In the case of any real or personal property, the value of the
property as determined pursuant to section 5731.01 of the Revised
Code and without regard to this section, reduced by any amounts
allowable as a deduction in respect to such property under division
(A)(4) of section 5731.16 of the Revised Code.

(2)
"Member of the decedent's family" means, with respect to
any decedent, only
his

the decedent's

ancestor or lineal descendant, a lineal descendant of any of
his

the decedent's

grandparents,
his

the decedent's

spouse, the spouse of any such descendant, or a
step
child

stepchild

or foster child of the decedent.

(3)
"Qualified farm property" means real property that is
located in this state, that is included in the gross estate of the
decedent under this chapter, and that was acquired by, or passed to,
a qualified heir, but only if both of the following apply:

(a)
Fifty per cent or more of the adjusted value of the gross estate
consists of the adjusted value of real or personal property which, on
the date of the decedent's death, was being used for a qualified use;

(b)
Twenty-five per cent or more of the adjusted value of the gross
estate consists of the adjusted value of real property which, on the
date of the decedent's death, was being used for a qualified use.

(4)
"Qualified heir" means a member of the decedent's family
who acquired qualified farm property, or to whom such property
passed. If a qualified heir disposes of any interest in qualified
farm property to any member of the decedent's family, that member
shall thereafter be treated as the qualified heir with respect to the
interest.

(5)
"Qualified use" means the devotion of real property
exclusively to agricultural use as described in the definition of
"land devoted exclusively to agricultural use" contained in
division (A) of section 5713.30 of the Revised Code, whether or not
an application has been filed by the decedent or a qualified heir
pursuant to section 5713.31 of the Revised Code.

(B)(1)
For purposes of determining the value of property included in the
gross estate, the value of qualified farm property is, subject to
division (D) of this section, whichever of the following the person
filing the estate tax return elects:

(a)
Its fair market value, as determined pursuant to division (B) of
section 5731.01 of the Revised Code;

(b)
Its value for its actual qualified use, on the date of the decedent's
death or on an alternate valuation date prescribed by division (D) of
section 5731.01 of the Revised Code;

(c)
Its value for its actual qualified use, as determined under section
5713.31 of the Revised Code.

(2)
The election shall be made on or before the date by which the return
is required to be filed, determined with regard to any extension of
time granted pursuant to law for filing the return.

(C)(1)
For purposes of this section, the existence of a qualified use may be
established, but is not required to be established, by the filing of
an application pursuant to section 5713.31 of the Revised Code and
its approval by the county auditor.

(2)
This section applies to any interest in qualified farm property that
is held in a partnership, corporation, or trust, if the interest
would qualify under this section if it were held directly by the
decedent.

(D)
If the person filing the estate tax return elects pursuant to
division (B)(1)(b) or (c) of this section, to have qualified farm
property valued at its value for its actual qualified use, and if the
difference between the fair market value of the property as
determined pursuant to division (B) of section 5731.01 of the Revised
Code and the value for its actual qualified use under division
(B)(1)(b) or (c) of this section, whichever was elected, exceeds five
hundred thousand dollars, the property shall be valued at the amount
that is five hundred thousand dollars less than the fair market
value.

(E)
If an election is made, pursuant to division (B)(1)(b) or (c) of this
section, to have qualified farm property valued at its value for its
actual qualified use, and if, within four years after the date of the
decedent's death and before the death of the qualified heir, the
qualified heir disposes of any interest in the property to a person
other than a member of the decedent's family, or ceases to use any
part of the property for a qualified use, a recapture tax shall be
imposed. The recapture tax shall be equivalent to the estate tax
savings realized in the decedent's estate by valuating the interest
disposed of, or the part of the property that has ceased to be used
for a qualified use, at its value for its actual qualified use,
instead of at its fair market value pursuant to division (B) of
section 5731.01 of the Revised Code. The recapture tax, plus interest
computed at the rate per annum determined under section 5703.47 of
the Revised Code, from nine months after the date of the decedent's
death, is due and payable on the day that is nine months after the
date of the disposition or cessation of use, and shall be paid by the
qualified heir who disposed of the interest or ceased use of the part
of the property for a qualified use.

(F)
The tax commissioner shall prescribe
rules
and
forms
to implement this section. The
commissioner
may adopt
rules

may
require
requiring
,
for purposes of division (E) of this section, that a qualified heir
file an annual report with the commissioner, establishing that the
qualified farm property has not been disposed of to a person other
than a member of the decedent's family and that no part of it has
ceased to be used for a qualified use.

Sec.
5733.07.
The
tax commissioner shall enforce and administer this chapter. In
addition to any other powers conferred upon
him

the commissioner

by law, the commissioner may:

(A)
Prescribe all forms required to be filed pursuant to this chapter;

(B)

Promulgate such rules and regulations as he finds necessary to carry
out this chapter;

(C)

Appoint
and employ such personnel as are necessary to carry out the duties
imposed upon
him

the commissioner

by this chapter.

Sec.
5733.121.
If
a corporation entitled to a refund under section 5733.11 or 5733.12
of the Revised Code is indebted to this state for any tax, workers'
compensation premium due under section 4123.35 of the Revised Code,
unemployment compensation contribution due under section 4141.25 of
the Revised Code, unemployment compensation payment in lieu of
contribution under section 4141.241 of the Revised Code, certified
claim under section 131.02 or 131.021 of the Revised Code, or fee
that is paid to the state or to the clerk of courts pursuant to
section 4505.06 of the Revised Code, or any charge, penalty, or
interest arising from such a tax, workers' compensation premium,
unemployment compensation contribution, unemployment compensation
payment in lieu of contribution under section 4141.241 of the Revised
Code, certified claim, or fee, the amount refundable may be applied
in satisfaction of the debt. If the amount refundable is less than
the amount of the debt, it may be applied in partial satisfaction of
the debt. If the amount refundable is greater than the amount of the
debt, the amount remaining after satisfaction of the debt shall be
refunded. If the corporation has more than one such debt, any debt
subject to section 5739.33 or division (G) of section 5747.07 of the
Revised Code shall be satisfied first. Except as provided in section
131.021 of the Revised Code, this section applies only to debts that
have become final.

The
tax commissioner may charge each respective agency of the state for
the commissioner's cost in applying refunds to debts due to the state
and may charge the attorney general for the commissioner's cost in
applying refunds to certified claims.
The
commissioner may promulgate rules to implement this section.

The
tax commissioner may, with the consent of the taxpayer, provide for
the crediting, against tax due for any tax year, of the amount of any
refund due the taxpayer under this chapter for a preceding tax year.

Sec.
5733.42.
(A)
As used in this section:

(1)
"Eligible training program" means a program to provide job
skills to eligible employees who are unable effectively to function
on the job due to skill deficiencies or who would otherwise be
displaced because of their skill deficiencies or inability to use new
technology, or to provide job skills to eligible employees that
enable them to perform other job duties for the taxpayer. Eligible
training programs do not include executive, management, or personal
enrichment training programs, or training programs intended
exclusively for personal career development.

(2)
"Eligible employee" means an individual who is employed in
this state by a taxpayer and has been so employed by the same
taxpayer for at least one hundred eighty consecutive days before the
day an application for the credit is filed under this section.
"Eligible employee" does not include any employee for which
a credit is claimed pursuant to division (A)(5) of section 5709.65 of
the Revised Code for all or any part of the same year, an employee
who is not a full-time employee, or executive or managerial
personnel, except for the immediate supervisors of nonexecutive,
nonmanagerial personnel.

(3)
"Eligible training costs" means:

(a)
Direct instructional costs, such as instructor salaries, materials
and supplies, textbooks and manuals, videotapes, and other
instructional media and training equipment used exclusively for the
purpose of training eligible employees;

(b)
Wages paid to eligible employees for time devoted exclusively to an
eligible training program during normal paid working hours.

(4)
"Full-time employee" means an individual who is employed
for consideration for at least thirty-five hours per week, or who
renders any other standard of service generally accepted by custom or
specified by contract as full-time employment.

(5)
"Partnership" includes a limited liability company formed
under
former

Chapter
1705.
or

of
the Revised Code as that chapter existed prior to February 11, 2022,
Chapter
1706.
of the Revised Code
,

or
under

the
laws of another state, provided that the company is not classified
for federal income tax purposes as an association taxable as a
corporation.

(B)
There is hereby allowed a nonrefundable credit against the tax
imposed by section 5733.06 of the Revised Code for taxpayers for
which a tax credit certificate is issued under division (C) of this
section. The credit may be claimed for tax years 2004, 2005, 2006,
2007, and 2008. The amount of the credit for tax year 2004 shall
equal one-half of the average of the eligible training costs paid or
incurred by the taxpayer during calendar years 1999, 2000, and 2001,
not to exceed one thousand dollars for each eligible employee on
account of whom eligible training costs were paid or incurred by the
taxpayer during those calendar years. The amount of the credit for
tax year 2005 shall equal one-half of the average of the eligible
training costs paid or incurred by the taxpayer during calendar years
2002, 2003, and 2004, not to exceed one thousand dollars for each
eligible employee on account of whom eligible training costs were
paid or incurred by the taxpayer during those calendar years. The
amount of the credit for tax year 2006 shall equal one-half of the
average of the eligible training costs paid or incurred by the
taxpayer during calendar years 2003, 2004, and 2005, not to exceed
one thousand dollars for each eligible employee on account of whom
eligible training costs were paid or incurred by the taxpayer during
those calendar years. The amount of the credit for tax year 2007
shall equal one-half of the average of the eligible training costs
paid or incurred by the taxpayer during calendar years 2004, 2005,
and 2006, not to exceed one thousand dollars for each eligible
employee on account of whom eligible training costs were paid or
incurred by the taxpayer during those calendar years. The amount of
the credit for tax year 2008 shall equal one-half of the average of
the eligible training costs paid or incurred by the taxpayer during
calendar years 2005, 2006, and 2007, not to exceed one thousand
dollars for each eligible employee on account of whom eligible
training costs were paid or incurred by the taxpayer during those
calendar years.

The
credit claimed by a taxpayer each tax year shall not exceed one
hundred thousand dollars.

(C)
A taxpayer who proposes to conduct an eligible training program may
apply to the director of job and family services for a tax credit
certificate under this section. The taxpayer may apply for such a
certificate for tax years 2004, 2005, 2006, 2007, and 2008 subject to
division (L) of this section. The director shall prescribe the form
of the application, which shall require a detailed description of the
proposed training program. The director may require applicants to
remit an application fee with each application filed with the
director. The fee shall not exceed the reasonable and necessary
expenses incurred by the director in receiving, reviewing, and
approving such applications and issuing tax credit certificates.
Proceeds from fees shall be used solely for the purpose of receiving,
reviewing, and approving such applications and issuing such
certificates.

After
receipt of an application, the director shall authorize a credit
under this section by issuing a tax credit certificate, in the form
prescribed by the director, if the director determines all of the
following:

(1)
The proposed training program is an eligible training program under
this section;

(2)
The proposed training program is economically sound and will benefit
the people of this state by improving workforce skills and
strengthening the economy of this state;

(3)
Receiving the tax credit is a major factor in the taxpayer's decision
to go forward with the training program;

(4)
Authorization of the credit is consistent with division (H) of this
section.

The
credit also is allowed for a taxpayer that is a partner in a
partnership that pays or incurs eligible training costs. Such a
taxpayer shall determine the taxpayer's credit amount in the manner
prescribed by division (K) of this section.

(D)
If the director of job and family services denies an application for
a tax credit certificate, the director shall send notice of the
denial and the reason for denial to the applicant by certified mail,
return receipt requested. If the director determines that an
authorized training program, as actually conducted, fails to meet the
requirements of this section or to comply with any condition set
forth in the authorization, the director may reduce the amount of the
tax credit previously granted. If the director reduces a tax credit,
the director shall send notice of the reduction and the reason for
the reduction to the taxpayer by certified mail, return receipt
requested, and shall certify the reduction to the tax commissioner
or, in the case of the reduction of a credit claimed by an insurance
company, the superintendent of insurance. The tax commissioner or
superintendent of insurance shall reduce the credit that may be
claimed by the taxpayer accordingly. Within sixty days after
receiving a notice of denial or notice of reduction of the tax
credit, an applicant or taxpayer may request, in writing, a hearing
before the director to review the denial or reduction. Within sixty
days after receiving a request that is filed within the prescribed
time, the director shall hold such a hearing at a location to be
determined by the director. Within thirty days after the hearing is
adjourned, the director shall issue a redetermination affirming,
reversing, or modifying the denial or reduction of the tax credit and
send notice of the redetermination to the applicant or taxpayer by
certified mail, return receipt requested, and shall issue a notice of
the redetermination to the tax commissioner or superintendent of
insurance. If an applicant or taxpayer is aggrieved by the director's
redetermination, the applicant or taxpayer may appeal the
redetermination to the board of tax appeals in the manner prescribed
by section 5717.02 of the Revised Code.

(E)
A taxpayer to which a tax credit certificate is issued shall retain
records indicating the eligible training costs it pays or incurs for
the eligible training program for which the certificate is issued for
four years following the end of the tax year for which the credit is
claimed. Such records shall be open to inspection by the director of
job and family services upon the director's request during business
hours.

Financial
statements and other information submitted by an applicant to the
director of job and family services for a tax credit under this
section, and any information taken for any purpose from such
statements or information, are not public records subject to section
149.43 of the Revised Code. However, the director of job and family
services, the tax commissioner, or superintendent of insurance may
make use of the statements and other information for purposes of
issuing public reports or in connection with court proceedings
concerning tax credits allowed under this section and sections
5725.31 and 5729.07 of the Revised Code.

(F)
The director of job and family services, in accordance with Chapter
119. of the Revised Code, shall adopt rules
necessary
to implement this section and sections 5725.31 and 5729.07 of the
Revised Code. The rules shall be adopted
,

after
consultation with the tax commissioner and the superintendent of
insurance
.
The rules shall require
,
requiring
that
if a taxpayer to which a tax credit certificate is issued under
any
of those sections
section
5725.31 or 5729.07 of the Revised Code
permanently
relocates or transfers employees trained under the tax credit
certificate to another state or country within two years of receiving
the certificate, the taxpayer shall repay the total amount of the tax
credit received by the taxpayer for any employees permanently
relocated or transferred. At the time the director gives public
notice under division (A) of section 119.03 of the Revised Code of
the adoption of the rules, the director shall submit copies of the
proposed rules to the chairpersons and ranking minority members of
the standing committees in the senate and the house of
representatives to which legislation on economic development matters
are customarily referred.

(G)
On or before the thirtieth day of September of 2001, 2003, 2004,
2005, 2006, 2007, and 2008 the director of job and family services
shall submit a report to the governor, the president of the senate,
and the speaker of the house of representatives on the tax credit
program under this section and sections 5725.31 and 5729.07 of the
Revised Code. The report shall include information on the number of
training programs that were authorized under those sections during
the preceding calendar year, a description of each authorized
training program, the dollar amounts of the credits granted, and an
estimate of the impact of the credits on the economy of this state.

(H)
The aggregate amount of credits authorized under this section and
sections 5725.31 and 5729.07 of the Revised Code shall not exceed
twenty million dollars per calendar year. No more than ten million
dollars in credits per calendar year shall be authorized for persons
engaged primarily in manufacturing. No less than five million dollars
in credits per calendar year shall be set aside for persons engaged
primarily in activities other than manufacturing and having fewer
than five hundred employees. Subject to such limits, the director of
job and family services shall adopt a rule under
division
(F) of this section
Chapter
119. of the Revised Code
that
establishes criteria and procedures for distribution of the credits.

(I)
A nonrefundable credit allowed under this section shall be claimed in
the order required under section 5733.98 of the Revised Code.

(J)
The taxpayer may carry forward any credit amount in excess of its tax
due after allowing for any other credits that precede the credit
under this section in the order required under section 5733.98 of the
Revised Code. The excess credit may be carried forward for three
years following the tax year for which it is first claimed under this
section.

(K)
A taxpayer that is a partner in a partnership on the last day of the
third calendar year of the three-year period during which the
partnership pays or incurs eligible training costs may claim a credit
under this section for the tax year immediately following that
calendar year. The amount of a partner's credit equals the partner's
interest in the partnership on the last day of such calendar year
multiplied by the credit available to the partnership as computed by
the partnership.

(L)
The director of job and family services shall not authorize any
credits under this section and sections 5725.31 and 5729.07 of the
Revised Code for eligible training costs paid or incurred after
December 31, 2007.

Sec.
5735.05.
(A)
There is hereby levied a motor fuel excise tax on each motor fuel
dealer, measured by gross gallons, upon the receipt of motor fuel
within this state.

The
tax is levied at the rates prescribed by divisions (E) and (F) of
this section.

The
revenue derived from twenty-eight cents per gallon of such tax rates
shall be distributed under divisions (A), (B), (C), and (D) of
section 5735.051 of the Revised Code to fund the following purposes
in the following amounts:

(1)
Seventeen twenty-eighths of the revenue shall be used solely to
provide revenue for maintaining the state highway system; to widen
existing surfaces on such highways; to resurface such highways; to
pay that portion of the construction cost of a highway project which
a county, township, or municipal corporation normally would be
required to pay, but which the director of transportation, pursuant
to division (B) of section 5531.08 of the Revised Code, determines
instead will be paid from moneys in the highway operating fund; to
enable the counties of the state properly to plan, maintain, and
repair their roads and to pay principal, interest, and charges on
bonds and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised
Code for highway improvements; to enable the municipal corporations
to plan, construct, reconstruct, repave, widen, maintain, repair,
clear, and clean public highways, roads, and streets, and to pay the
principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred
pursuant to section 5531.09 of the Revised Code for highway
improvements; to enable the Ohio turnpike and infrastructure
commission to construct, reconstruct, maintain, and repair turnpike
projects; to maintain and repair bridges and viaducts; to purchase,
erect, and maintain street and traffic signs and markers; to
purchase, erect, and maintain traffic lights and signals; to pay the
costs apportioned to the public under sections 4907.47 and 4907.471
of the Revised Code and to supplement revenue already available for
such purposes; to pay the costs incurred by the public utilities
commission in administering sections 4907.47 to 4907.476 of the
Revised Code; to distribute equitably among those persons using the
privilege of driving motor vehicles upon such highways and streets
the cost of maintaining and repairing them; to pay the interest,
principal, and charges on highway capital improvements bonds and
other obligations issued pursuant to Section 2m of Article VIII, Ohio
Constitution, and section 151.06 of the Revised Code; to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code; to pay the
interest, principal, and charges on major new state infrastructure
bonds and other obligations of the state issued pursuant to Section
13 of Article VIII, Ohio Constitution, and section 5531.10 of the
Revised Code; to provide revenue for the purposes of sections 1547.71
to 1547.77 of the Revised Code; and to pay the expenses of the
department of taxation incident to the administration of the motor
fuel laws.

(2)
Two twenty-eighths of the revenue shall be used solely to pay the
expenses of administering and enforcing the state law relating to the
registration and operation of motor vehicles; to supply the state's
share of the cost of planning, constructing, widening, and
reconstructing the state highways; to supply the state's share of the
cost of eliminating railway grade crossings upon such highways; to
pay that portion of the construction cost of a highway project that a
county, township, or municipal corporation normally would be required
to pay, but that the director of transportation, pursuant to division
(B) of section 5531.08 of the Revised Code, determines instead will
be paid from moneys in the highway operating fund; to enable counties
and townships to properly plan, construct, widen, reconstruct, and
maintain their public highways, roads, and streets; to enable
counties to pay principal, interest, and charges on bonds and other
obligations issued pursuant to Chapter 133. of the Revised Code or
incurred pursuant to section 5531.09 of the Revised Code for highway
improvements; to enable municipal corporations to plan, construct,
reconstruct, repave, widen, maintain, repair, clear, and clean public
highways, roads, and streets; to enable municipal corporations to pay
the principal, interest, and charges on bonds and other obligations
issued pursuant to Chapter 133. of the Revised Code or incurred
pursuant to section 5531.09 of the Revised Code for highway
improvements; to maintain and repair bridges and viaducts; to
purchase, erect, and maintain street and traffic signs and markers;
to purchase, erect, and maintain traffic lights and signals; to pay
the costs apportioned to the public under section 4907.47 of the
Revised Code; to provide revenue for the purposes of sections 1547.71
to 1547.77 of the Revised Code and to supplement revenue already
available for such purposes; to pay the expenses of the department of
taxation incident to the administration of the motor fuel laws and to
supplement revenue already available for such purposes; to pay the
interest, principal, and charges on bonds and other obligations
issued pursuant to Section 2g of Article VIII, Ohio Constitution, and
sections 5528.10 and 5528.11 of the Revised Code; and to pay the
interest, principal, and charges on highway obligations issued
pursuant to Section 2i of Article VIII, Ohio Constitution, and
sections 5528.30 and 5528.31 of the Revised Code.

(3)
Eight twenty-eighths of the revenue shall be used solely to supply
the state's share of the cost of constructing, widening, maintaining,
and reconstructing the state highways; to maintain and repair bridges
and viaducts; to purchase, erect, and maintain street and traffic
signs and markers; to purchase, erect, and maintain traffic lights
and signals; to pay the expense of administering and enforcing the
state law relative to the registration and operation of motor
vehicles; to make road improvements associated with retaining or
attracting business for this state; to pay that portion of the
construction cost of a highway project that a county, township, or
municipal corporation normally would be required to pay, but that the
director of transportation, pursuant to division (B) of section
5531.08 of the Revised Code, determines instead will be paid from
moneys in the highway operating fund; to provide revenue for the
purposes of sections 1547.71 to 1547.77 of the Revised Code and to
supplement revenue already available for such purposes; to pay the
expenses of the department of taxation incident to the administration
of the motor fuel laws and to supplement revenue already available
for such purposes; to pay the interest, principal, and charges on
highway obligations issued pursuant to Section 2i of Article VIII,
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised
Code; to enable counties and townships to properly plan, construct,
widen, reconstruct, and maintain their public highways, roads, and
streets; to enable counties to pay principal, interest, and charges
on bonds and other obligations issued pursuant to Chapter 133. of the
Revised Code or incurred pursuant to section 5531.09 of the Revised
Code for highway improvements; to enable municipal corporations to
plan, construct, reconstruct, repave, widen, maintain, repair, clear,
and clean public highways, roads, and streets; to enable municipal
corporations to pay the principal, interest, and charges on bonds and
other obligations issued pursuant to Chapter 133. of the Revised Code
or incurred pursuant to section 5531.09 of the Revised Code for
highway improvements; and to pay the costs apportioned to the public
under section 4907.47 of the Revised Code.

(4)
One twenty-eighth of the revenue shall be used solely to pay the
state's share of the cost of constructing and reconstructing highways
and eliminating railway grade crossings on the major thoroughfares of
the state highway system and urban extensions thereof; to pay that
portion of the construction cost of a highway project that a county,
township, or municipal corporation normally would be required to pay,
but that the director of transportation, pursuant to division (B) of
section 5531.08 of the Revised Code, determines instead will be paid
from moneys in the highway operating fund; to pay the interest,
principal, and charges on bonds and other obligations issued pursuant
to Section 2g of Article VIII, Ohio Constitution, and sections
5528.10 and 5528.11 of the Revised Code; to pay the interest,
principal, and charges on highway obligations issued pursuant to
Section 2i of Article VIII, Ohio Constitution, and sections 5528.30
and 5528.31 of the Revised Code; to provide revenues for the purposes
of sections 1547.71 to 1547.77 of the Revised Code; and to pay the
expenses of the department of taxation incident to the administration
of the motor fuel laws.

(B)
The revenue derived from any portion of the tax rates that exceeds
twenty-eight cents per gallon of motor fuel shall be distributed
under division (E) of section 5735.051 of the Revised Code to fund
the purposes described in divisions (A) and (D) of this section, as
provided in divisions (A) and (B) of section 5735.27 of the Revised
Code.

(C)
The tax imposed by this section does not apply to the following
transactions:

(1)
The sale of dyed diesel fuel by a licensed motor fuel dealer from a
location other than a retail service station provided the licensed
motor fuel dealer places on the face of the delivery document or
invoice, or both if both are used, a conspicuous notice stating that
the fuel is dyed and is not for taxable use, and that taxable use of
that fuel is subject to a penalty. The tax commissioner, by rule, may
provide that any notice conforming to rules or regulations issued by
the United States department of the treasury or the Internal Revenue
Service is sufficient notice for the purposes of division (C)(1) of
this section.

(2)
The sale of K-1 kerosene to a retail service station, except when
placed directly in the fuel supply tank of a motor vehicle. Such sale
shall be rebuttably presumed to not be distributed or sold for use or
used to generate power for the operation of motor vehicles upon the
public highways or upon the waters within the boundaries of this
state.

(3)
The sale of motor fuel by a licensed motor fuel dealer to another
licensed motor fuel dealer;

(4)
The exportation of motor fuel by a licensed motor fuel dealer from
this state to any other state or foreign country;

(5)
The sale of motor fuel to the United States government or any of its
agencies, except such tax as is permitted by it, where such sale is
evidenced by an exemption certificate, in a form approved by the tax
commissioner, executed by the United States government or an agency
thereof certifying that the motor fuel therein identified has been
purchased for the exclusive use of the United States government or
its agency;

(6)
The sale of motor fuel that is in the process of transportation in
foreign or interstate commerce, except insofar as it may be taxable
under the Constitution and statutes of the United States, and except
as may be agreed upon in writing by the dealer and the commissioner;

(7)
The sale of motor fuel when sold exclusively for use in the operation
of aircraft, where such sale is evidenced by an exemption certificate
prescribed by the commissioner and executed by the purchaser
certifying that the motor fuel purchased has been purchased for
exclusive use in the operation of aircraft;

(8)
The sale for exportation of motor fuel by a licensed motor fuel
dealer to a licensed exporter described in division (DD)(1) of
section 5735.01 of the Revised Code;

(9)
The sale for exportation of motor fuel by a licensed motor fuel
dealer to a licensed exporter described in division (DD)(2) of
section 5735.01 of the Revised Code, provided that the destination
state motor fuel tax has been paid or will be accrued and paid by the
licensed motor fuel dealer.

(10)
The sale to a consumer of diesel fuel, by a motor fuel dealer for
delivery from a bulk lot vehicle, for consumption in operating a
vessel when the use of such fuel in a vessel would otherwise qualify
for a refund under section 5735.14 of the Revised Code.

Division
(C)(1) of this section does not apply to the sale or distribution of
dyed diesel fuel used to operate a motor vehicle on the public
highways or upon water within the boundaries of this state by persons
permitted under regulations of the United States department of the
treasury or of the Internal Revenue Service to so use dyed diesel
fuel.

(D)
The use of any revenue from the tax levied under this section shall
be used for construction, maintenance, and repair of roads and
bridges, the operational costs of applicable state agencies, or used
to match other revenue for these purposes.

(E)
Except as otherwise provided by division (F) of this section, the
rates of tax imposed by this section on each gallon of motor fuel on
and after July 1, 2019, shall be as follows:

(1)
Thirty-eight and one-half cents on each gallon of gasoline;

(2)
Forty-seven cents on each gallon of motor fuel other than gasoline.

(F)
The tax on each gallon equivalent of compressed natural gas shall be:

(1)
Ten cents on and after July 1, 2019, and before July 1, 2020;

(2)
Twenty cents on and after July 1, 2020, and before July 1, 2021;

(3)
Thirty cents on and after July 1, 2021, and before July 1, 2022;

(4)
Forty cents on and after July 1, 2022, and before July 1, 2023;

(5)
Forty-seven cents on and after July 1, 2023.

(G)
The tax commissioner may adopt rules as necessary to administer this
section.

Sec.
5735.062.
(A)
If the tax commissioner so requires, the dealer shall remit each
monthly tax payment electronically as prescribed by division (B) of
this section.

The
commissioner shall notify each dealer required to remit taxes
electronically of the dealer's obligation to do so. Failure by the
commissioner to notify a dealer subject to this section to remit
taxes electronically does not relieve the dealer of its obligation to
remit taxes electronically.

(B)
Dealers required by division (A) of this section to remit payments
electronically shall remit such payments through the Ohio business
gateway, as defined in section 718.01 of the Revised Code, or in
another manner as prescribed by the commissioner. Required payments
shall be remitted on or before the dates specified under section
5735.06 of the Revised Code. The payment of taxes electronically does
not affect a dealer's obligation to file the monthly return as
required under section 5735.06 of the Revised Code.

A
dealer required by this section to remit taxes electronically may
apply to the commissioner to be excused from that requirement. The
commissioner may excuse the dealer from the electronic remittance
requirement for good cause shown for the period of time requested by
the dealer or for a portion of that period.

(C)
If a dealer required by this section to remit taxes electronically
fails to do so, the commissioner may impose a penalty on the dealer
not to exceed one of the following:

(1)
For the first return period the dealer fails to remit taxes
electronically, the greater of twenty-five dollars or five per cent
of the amount of the payment required to be remitted;

(2)
For the second or any subsequent return period the dealer fails to
remit taxes electronically, the greater of fifty dollars or ten per
cent of the amount of the payment required to be remitted.

The
penalty imposed under division (C) of this section is in addition to
any other penalty imposed under this chapter and shall be considered
as revenue arising from the taxes imposed under this chapter. A
penalty may be collected by assessment in the manner prescribed by
section 5735.12 of the Revised Code. The commissioner may abate all
or a portion of a penalty.

(D)
The commissioner may adopt rules necessary to administer this
section.

Sec.
5736.03.
(A)
No person shall avoid the tax imposed by this chapter by receiving
motor fuel outside of this state and transferring the motor fuel into
this state within one year. Any such person shall be considered to
have received the fuel in this state and shall include, in the
calculation of calculated gross receipts, the number of gallons of
motor fuel the person transfers into this state within one year after
the person receives the property outside of this state.

(B)
Any person that knowingly receives motor fuel from a supplier that is
not licensed as required by section 5736.06 of the Revised Code shall
include in the calculation of the person's calculated gross receipts
the number of gallons of motor fuel the person received in this state
or transported into this state from the unlicensed supplier.

(C)
The tax commissioner may adopt rules necessary to administer this
section.

Sec.
5739.05.
(A)(1)
The tax commissioner shall enforce and administer sections 5739.01 to
5739.31 of the Revised Code, which are hereby declared to be sections
which the commissioner is required to administer within the meaning
of sections 5703.17 to 5703.37, 5703.39, 5703.41, and 5703.45 of the
Revised Code.
The
commissioner may adopt and promulgate, in accordance with sections
119.01 to 119.13 of the Revised Code, such rules as the commissioner
deems necessary to administer sections 5739.01 to 5739.31 of the
Revised Code.

(2)
On or before the first day of May of each year, the commissioner
shall make available to vendors a notice explaining the three-day
exemption period required under division (B)(55) of section 5739.02
of the Revised Code.

(B)
Upon application, the commissioner may authorize a vendor to pay on a
predetermined basis the tax levied by or pursuant to section 5739.02,
5739.021, 5739.023, or 5739.026 of the Revised Code upon sales of
things produced or distributed or services provided by such vendor,
and the commissioner may waive the collection of the tax from the
consumer. The commissioner shall not grant such authority unless the
commissioner finds that the granting of the authority would improve
compliance and increase the efficiency of the administration of the
tax. The person to whom such authority is granted shall post a
notice, if required by the commissioner, at the location where the
product is offered for sale that the tax is included in the selling
price.
The
commissioner may adopt rules to administer this division.

(C)
Upon application, the commissioner may authorize a vendor to remit,
on the basis of a prearranged agreement under this division, the tax
levied by section 5739.02 or pursuant to section 5739.021, 5739.023,
or 5739.026 of the Revised Code. The proportions and ratios in a
prearranged agreement shall be determined either by a test check
conducted by the commissioner under terms and conditions agreed to by
the commissioner and the vendor or by any other method agreed upon by
the vendor and the commissioner. If the parties are unable to agree
to the terms and conditions of the test check or other method, the
application shall be denied.

If
used, the test check shall determine the proportion that taxable
retail sales bear to all of the vendor's retail sales and the ratio
which the tax required to be collected under sections 5739.02,
5739.021, 5739.023, and 5739.026 of the Revised Code bears to the
receipts from the vendor's taxable retail sales.

The
vendor's liability for remitting the tax shall be based solely upon
the proportions and ratios established in the agreement until such
time that the vendor or the commissioner believes that the nature of
the vendor's business has so changed as to make the agreement no
longer representative. The commissioner may give notice to the vendor
at any time that the authorization is revoked or the vendor may
notify the commissioner that the vendor no longer elects to report
under the authorization. Such notice shall be delivered to the other
party in the manner provided in section 5703.37 of the Revised Code.
The revocation or cancellation is effective the last day of the month
in which the vendor or the commissioner receives the notice.

Sec.
5739.121.
(A)
As used in this section:

(1)
"Bad debt" means any debt that has become worthless or
uncollectible in the time period between a vendor's preceding return
and the present return, has been uncollected for at least six months,
and that may be claimed as a deduction pursuant to the "Internal
Revenue Code of 1954," 68A Stat. 50, 26 U.S.C. 166, as amended,
and regulations adopted pursuant thereto, or that could be claimed as
such a deduction if the vendor kept accounts on an accrual basis.
"Bad debt" does not include any interest or sales tax on
the purchase price, uncollectible amounts on property that remains in
the possession of the vendor until the full purchase price is paid,
expenses incurred in attempting to collect any account receivable or
for any portion of the debt recovered, and repossessed property.

(2)
"Lender" means a person or an affiliate, assignee, or
transferee of a person that owns a private label credit account, or
an interest in a private label credit account receivable, provided
that interest was any of the following:

(a)
Transferred from a third party;

(b)
Purchased directly from a vendor that remitted tax imposed under this
chapter or from an affiliate of the vendor;

(c)
Originated according to a written agreement between the person and a
vendor that remitted tax imposed under this chapter or an affiliate
of the vendor.

(3)
"Private label credit account" means a credit account that
carries, refers to, or is branded with the name of a vendor and for
which the lender, when establishing the consumer's credit limit,
complied with all applicable Ohio and federal laws that are intended
to protect consumers, including all of the following:

(a)
The "Credit Card Accountability Responsibility and Disclosure
Act of 2009," 15 U.S.C. 1601 et seq.;

(b)
The "Equal Credit Opportunity Act," 15 U.S.C. 1691 et seq.;

(c)
The "Fair Credit Reporting Act," 15 U.S.C. 1681.

(4)
"Accounts or receivables bad debt" means the unpaid balance
on private label credit accounts or private label credit account
receivables that are bad debt and are charged off as uncollectible on
the books of a lender on or after July 1, 2023, and against which a
deduction has not previously been taken under this section. For the
purposes of division (A)(4) of this section only, "bad debt"
shall be determined without regard to when the debt has become
worthless or uncollectible relative to the period between a vendor's
returns, and the deductibility of the debt for federal income tax
purposes shall be determined with respect to the lender instead of
the vendor.

(5)
"Affiliate" means any person that is a member of an
affiliated group or that would be a member of an affiliated group if
the person was a corporation.

(6)
"Affiliated group" has the same meaning as in section 1504
of the Internal Revenue Code.

(B)
In computing taxable receipts for purposes of this chapter, a vendor
may deduct the amount of bad debts. Except as provided in division
(F) of this section, the amount deducted must be charged off as
uncollectible on the books of the vendor. A deduction may be claimed
only with respect to bad debts on which the taxes pursuant to
sections 5739.10 and 5739.12 of the Revised Code were paid in a
preceding tax period. If the vendor's business consists of taxable
and nontaxable transactions, the deduction shall equal the full
amount of the debt if the debt is documented as a taxable transaction
in the vendor's records. If no such documentation is available, the
maximum deduction on any bad debt shall equal the amount of the bad
debt multiplied by the quotient obtained by dividing the sales taxed
pursuant to this chapter during the preceding calendar year by all
sales during the preceding calendar year, whether taxed or not. If a
consumer or other person pays all or part of a bad debt with respect
to which a vendor claimed a deduction under this section, the vendor
shall be liable for the amount of taxes deducted in connection with
that portion of the debt for which payment is received and shall
remit such taxes in the vendor's next payment to the tax
commissioner.

(C)
Any claim for a bad debt deduction under this section shall be
supported by such evidence as the tax commissioner by rule requires.
The commissioner shall review any change in the rate of taxation
applicable to any taxable sales by a vendor claiming a deduction
pursuant to this section and adopt rules for altering the deduction
in the event of such a change in order to ensure that the deduction
on any bad debt does not result in the vendor claiming the deduction
recovering any more or less than the taxes imposed on the sale that
constitutes the bad debt.

(D)
In any reporting period in which the amount of bad debt other than
the accounts or receivables bad debt exceeds the amount of taxable
sales for the period, the vendor may file a refund claim for any tax
collected on the bad debt in excess of the tax reported on the
return. The refund claim shall be filed in the manner provided in
section 5739.07 of the Revised Code, except that the claim may be
filed within four years of the due date of the return on which the
bad debt first could have been claimed.

(E)
When the filing responsibilities of a vendor have been assumed by a
certified service provider, the certified service provider shall
claim the bad debt allowance provided by this section on behalf of
the vendor. The certified service provider shall credit or refund to
the vendor the full amount of any bad debt allowance or refund.

(F)(1)
A vendor may deduct on a return accounts or receivables bad debt.

A
vendor taking a deduction under division (F)(1) of this section shall
include all credit sale transactions outstanding in the account or
receivable at the time the account or receivable is charged off as
uncollectible on the books of a lender in calculating the deduction,
regardless of the date on which the credit sale transaction occurs.

(2)
The deduction authorized under division (F)(1) of this section may be
taken by the vendor only on the basis of accounts or receivables bad
debt from purchases from the vendor whose name is carried, referred
to, or branded on the private label credit account or from purchases
from any of the vendor's affiliates or franchisees.

(3)
A vendor taking a deduction under division (F)(1) of this section
shall maintain books, records, or other documents verifying the
accounts or receivables bad debt, which shall be open to inspection
by the commissioner upon request.

(4)
If the lender collects in whole or part any accounts or receivables
bad debt on the basis of which the vendor took a deduction under
division (F) of this section, the vendor shall include the amount
collected in the vendor's first return filed after the collection and
pay tax on the portion of that amount with respect to which the
vendor took the deduction.

(5)
If the total amount of accounts or receivables bad debt for a month
exceeds a vendor's taxable sales for that month, the vendor may carry
forward and deduct the excess on succeeding tax returns until the
total amount of accounts or receivables bad debt has been deducted.

(6)
Unless otherwise agreed to by the lender and vendor, the economic
benefit of the deduction permitted under division (F)(1) of this
section shall inure to the benefit of the party that suffered the
economic burden of the accounts or receivables bad debt.

(G)
The tax commissioner may adopt rules necessary to administer this
section.

Sec.
5739.36.
(A)
For the purpose of tracking the growth and overall economic impact of
the travel and tourism industry in this state, the tax commissioner
shall prepare a report summarizing the amount of tax revenue
collected during each semiannual period ending on the last day of
June or December, annually. The commissioner shall prepare the report
by industry classification using business activity codes. The report
shall include the combined total statewide collections from the taxes
levied under sections 5739.02, 5739.021, 5739.023, 5739.026, 5741.02,
5741.021, 5741.022, and 5741.023 of the Revised Code as reported by
taxpayers with respect to collections during the semiannual period.
The report shall reflect all industries included in the industrial
classification system used by the commissioner the activities of
which relate in any way to travel and tourism, including, but not
limited to, industries such as bars and restaurants; hotels, motels,
and other lodging establishments; and other industries related to
travel and tourism. The first report shall be for the semiannual
period ending December 31, 2005.

(B)
The tax commissioner shall file a copy of the report required under
this section with the governor, the president of the senate, the
speaker of the house of representatives, and the legislative service
commission. The reports shall be filed on or before the first day of
May or November, annually, that immediately follows the semiannual
period to which the report relates. A copy of the commissioner's most
recent report shall be made available to the public through the
department of taxation's official internet web site.

(C)
The commissioner shall adopt rules that are necessary to administer
this section.

Sec.
5741.06.
The
tax commissioner shall enforce and administer sections 5741.01 to
5741.22 of the Revised Code, which are hereby declared to be laws
which
he

the commissioner

is required to administer within the meaning of sections 5703.17 to
5703.39 and 5703.45 of the Revised Code. The commissioner may
adopt
and promulgate such rules as he deems necessary to administer
sections 5741.01 to 5741.22 of the Revised Code, and may
authorize
a seller to prepay the tax levied by or pursuant to section 5741.02,
5741.021, 5741.022, or 5741.023 of the Revised Code upon storage,
use, or consumption of things produced or distributed by such seller,
and
he

the commissioner

may waive the collection of the tax from the consumer; but no such
authority shall be granted or exercised, except upon application to
the commissioner and unless
he

the commissioner

finds, that the conditions of the applicant's business are such as to
render impracticable the collection of the tax by the seller in the
manner otherwise provided by such sections; nor shall the authority
so granted be exercised, nor the seller actually selling such
products be exempted from sections 5741.01 to 5741.22 of the Revised
Code, by virtue of such an authorization, unless the person to whom
such authority is granted prints plainly upon the product sold, or
offered for sale, a statement to the effect that the tax has been
paid in advance, or otherwise conveys said information to the
consumer by written notice. The commissioner may require security to

his

the commissioner's

satisfaction to be filed with
him

the commissioner
,
in such amount as
he

the commissioner

determines to be sufficient to secure the prepayment under the
provisions of this section of the taxes levied by or pursuant to
section 5741.02, 5741.021, 5741.022, or 5741.023 of the Revised Code
in the manner desired.

Sec.
5741.071.
(A)
A marketplace seller may request and shall obtain a waiver from the
tax commissioner for a marketplace facilitator not to be treated as a
seller pursuant to division (E) of section 5741.01 of the Revised
Code with respect to a specific marketplace seller if the following
conditions are met:

(1)
The marketplace seller certifies it has annual gross receipts within
the United States, including the gross receipts of any affiliate, as
defined in section 122.15 of the Revised Code, of at least one
billion dollars;

(2)
The marketplace seller or its affiliate, as defined in section 122.15
of the Revised Code, is publicly traded on at least one major stock
exchange;

(3)
The marketplace seller is current on all taxes, fees, and charges
administered by the department of taxation that are not subject to a
bona fide dispute;

(4)
The marketplace seller has not, within the past twelve months,
requested that a waiver related to the marketplace facilitator at
issue be canceled nor has the waiver been revoked by the
commissioner; and

(5)
The marketplace seller has not violated division (B) of section
5739.30 of the Revised Code.

(B)
A marketplace seller shall request a waiver on the form prescribed by
the commissioner. A request for a waiver shall contain a signed
declaration from the marketplace facilitator acquiescing to the
request for a waiver. A waiver request that is not ruled upon by the
commissioner within thirty days of the date it was filed is deemed
granted. A waiver that is granted by the commissioner or deemed to be
granted is effective on and after the first day of the first month
that begins at least thirty days after the commissioner grants the
waiver or the waiver is deemed granted. The waiver is valid until the
first day of the first month that begins at least sixty days after it
is revoked by the commissioner or cancelled by the marketplace
seller.

(C)(1)
If a waiver is granted by the commissioner, the commissioner shall
notify the marketplace seller and the seller shall be considered the
vendor pursuant to division (C) of section 5739.01 of the Revised
Code or a seller pursuant to division (E) of section 5741.01 of the
Revised Code, as applicable.

(2)
A marketplace seller is required to notify the marketplace
facilitator of the status of the waiver of the marketplace seller.
However, if a waiver is denied by the commissioner, a copy of the
denial shall be provided to the marketplace facilitator.

(3)
A marketplace seller that has been issued a waiver under this section
may cancel the waiver by sending notice to the commissioner and to
the marketplace facilitator identified in the waiver application. The
commissioner may revoke a waiver if the commissioner determines that
any of the conditions described in divisions (A)(1) to (5) of this
section are no longer met by the marketplace seller. The commissioner
shall notify the marketplace seller and the marketplace facilitator
upon revoking a waiver.

(D)
Notwithstanding section 5703.21 of the Revised Code, the commissioner
may divulge information related to the status of the waiver sought by
or granted to the marketplace seller for a particular marketplace
facilitator to either the impacted marketplace seller or marketplace
facilitator.

(E)
The commissioner may promulgate rules the commissioner deems
necessary to administer this section.

Sec.
5741.072.
(A)
If all of the following conditions are met, a delivery network
company that facilitates delivery network services may request a
waiver from the requirement in division (E) of section 5741.01 of the
Revised Code that a marketplace facilitator be treated as the seller
of goods sold by marketplace sellers through the marketplace
facilitator:

(1)
The delivery network company is current on all taxes, fees, and
charges administered by the department of taxation that are not
subject to a bona fide dispute.

(2)
The delivery network company has not, within the twelve months
preceding the request for waiver, requested that a previously granted
waiver be canceled or had a previously granted waiver revoked by the
commissioner.

(3)
The delivery network company has not violated division (B) of section
5739.30 of the Revised Code.

A
waiver granted under this section does not affect the delivery
network company's status as the seller of its delivery network
services.

(B)
A delivery network company that requests a waiver pursuant to this
section shall make the request to the tax commissioner on a form
prescribed by the commissioner. A waiver that is not affirmatively
granted or denied by the commissioner within thirty days of the date
it was filed with the commissioner is automatically granted. A waiver
that is granted by the commissioner or granted automatically is
effective on and after the first day of the first month that begins
at least thirty days after the commissioner grants the waiver or the
waiver is automatically granted. The waiver is valid until the first
day of the first month that begins at least sixty days after it is
revoked by the commissioner or canceled by the delivery network
company.

(C)(1)
When a waiver is granted pursuant to division (B) of this section,
the commissioner shall notify the delivery network company, which
shall then notify each local merchant operating on the delivery
network company's physical or electronic marketplace that the local
merchant shall be considered a vendor pursuant to division (C) of
section 5739.01 of the Revised Code or a seller pursuant to division
(E) of section 5741.01 of the Revised Code, as applicable, with
respect to the local products sold by the seller through the delivery
network company's physical or electronic marketplace.

(2)
A delivery network company that has been granted a waiver under this
section may cancel the waiver by sending notice to the commissioner.
The commissioner may revoke a waiver if the commissioner determines
that any of the conditions described in divisions (A)(1) to (3) of
this section are no longer met by the delivery network company. The
commissioner shall notify the delivery network company upon revoking
a waiver. A delivery network for which a waiver has been canceled or
revoked shall promptly notify each local merchant operating on the
delivery network company's physical or electronic marketplace that
its waiver has been canceled or revoked.

(D)
Notwithstanding section 5703.21 of the Revised Code, the commissioner
may divulge information related to the status of a waiver granted to
a delivery network company if requested by a local merchant operating
on the delivery network company's physical or electronic marketplace.

(E)
The commissioner may adopt any rules necessary to administer this
section.

Sec.
5743.15.
(A)
Except as otherwise provided in this division, no person shall engage
in this state in the wholesale or retail business of trafficking in
cigarettes or in the business of a manufacturer or importer of
cigarettes without having a license to conduct each such activity
issued by a county auditor under division (B) of this section or the
tax commissioner under divisions (C) and (F) of this section. On
dissolution of a partnership by death, the surviving partner may
operate under the license of the partnership until expiration of the
license, and the heirs or legal representatives of deceased persons,
and receivers and trustees in bankruptcy appointed by any competent
authority, may operate under the license of the person succeeded in
possession by such heir, representative, receiver, or trustee in
bankruptcy if the partner or successor notifies the issuer of the
license of the dissolution or succession within thirty days after the
dissolution or succession.

(B)(1)
Each applicant for a license to engage in the retail business of
trafficking in cigarettes under this section, annually, on or before
the first day of June, shall make and deliver to the county auditor
of the county in which the applicant desires to engage in the retail
business of trafficking in cigarettes, upon a blank form furnished by
such auditor for that purpose, a statement showing the name of the
applicant, each physical place in the county where the applicant's
business is conducted, the nature of the business, and any other
information the tax commissioner requires in the form of statement
prescribed by the commissioner. If the applicant is a firm,
partnership, or association other than a corporation, the application
shall state the name and address of each of its members. If the
applicant is a corporation, the application shall state the name and
address of each of its officers. At the time of making the
application required by this section, every person desiring to engage
in the retail business of trafficking in cigarettes shall pay an
application fee in the sum of one hundred twenty-five dollars for
each physical place where the person proposes to carry on such
business. Each place of business shall be deemed such space, under
lease or license to, or under the control of, or under the
supervision of the applicant, as is contained in one or more
contiguous, adjacent, or adjoining buildings constituting an
industrial plant or a place of business operated by, or under the
control of, one person, or under one roof and connected by doors,
halls, stairways, or elevators, which space may contain any number of
points at which cigarettes are offered for sale, provided that each
additional point at which cigarettes are offered for sale shall be
listed in the application.

(2)
Upon receipt of the application and exhibition of the county
treasurer's receipt showing the payment of the application fee, the
county auditor shall issue to the applicant a license for each place
of business designated in the application, authorizing the applicant
to engage in such business at such place for one year commencing on
the first day of June. The form of the license shall be prescribed by
the commissioner. A duplicate license may be obtained from the county
auditor upon payment of a five-dollar fee if the original license is
lost, destroyed, or defaced. When an application is filed after the
first day of June, the application fee required to be paid shall be
proportioned in amount to the remainder of the license year, except
that it shall not be less than twenty-five dollars in any one year.

(3)
The holder of a retail dealer's cigarette license may transfer the
license to a place of business within the same county other than that
designated on the license on condition that the licensee's ownership
interest and business structure remain unchanged, and that the
licensee applies to the county auditor therefor, upon forms approved
by the commissioner and the payment of a fee of five dollars into the
county treasury.

(C)(1)
Each applicant for a license to engage in the wholesale business of
trafficking in cigarettes under this section, annually, on or before
the first day of June, shall make and deliver to the tax
commissioner, upon a blank form furnished by the commissioner for
that purpose, a statement showing the name of the applicant, physical
street address where the applicant's business is conducted, the
nature of the business, and any other information required by the
commissioner. If the applicant is a firm, partnership, or association
other than a corporation, the applicant shall state the name and
address of each of its members. If the applicant is a corporation,
the applicant shall state the name and address of each of its
officers. At the time of making the application required by this
section, every person desiring to engage in the wholesale business of
trafficking in cigarettes shall pay an application fee of one
thousand dollars for each physical place where the person proposes to
carry on such business. Each place of business shall be deemed such
space, under lease or license to, or under the control of, or under
the supervision of the applicant, as is contained in one or more
contiguous, adjacent, or adjoining buildings constituting an
industrial plant or a place of business operated by, or under the
control of, one person, or under one roof and connected by doors,
halls, stairways, or elevators. A duplicate license may be obtained
from the commissioner upon payment of a twenty-five-dollar fee if the
original license is lost, destroyed, or defaced.

(2)
Upon receipt of the application and payment of any application fee
required by this section, the commissioner shall verify that the
applicant is not in violation of any provision of Chapter 1346. or
Title LVII of the Revised Code. The commissioner shall also verify
that the applicant has filed any returns, submitted any information,
and paid any outstanding taxes, charges, or fees as required for any
tax, charge, or fee administered by the commissioner, to the extent
that the commissioner is aware of the returns, information, or
payments at the time of the application. Upon approval, the
commissioner shall issue to the applicant a license for each physical
place of business designated in the application authorizing the
applicant to engage in business at that location for one year
commencing on the first day of June. For licenses issued after the
first day of June, the application fee shall be reduced
proportionately by the remainder of the twelve-month period for which
the license is issued, except that the application fee required to be
paid under this section shall be not less than two hundred dollars in
any one year.

(3)
The holder of a wholesale dealer cigarette license may transfer the
license to a place of business other than that designated on the
license on condition that the licensee's ownership or business
structure remains unchanged, and that the licensee applies to the
commissioner for such a transfer upon a form promulgated by the
commissioner and pays a fee of twenty-five dollars, which shall be
deposited into the cigarette tax enforcement fund created in division
(E) of this section.

(D)(1)
The wholesale cigarette license application fees collected under this
section shall be paid into the cigarette tax enforcement fund.

(2)
The retail cigarette license application fees collected under this
section shall be distributed as follows:

(a)
Thirty per cent shall be paid upon the warrant of the county auditor
into the treasury of the municipal corporation or township in which
the places of business for which the tax revenue was received are
located;

(b)
Ten per cent shall be credited to the general fund of the county;

(c)
Sixty per cent shall be paid into the cigarette tax enforcement fund.

(3)
The remainder of the revenues and fines collected under this section
and the penal laws relating to cigarettes shall be distributed as
follows:

(a)
Three-fourths shall be paid upon the warrant of the county auditor
into the treasury of the municipal corporation or township in which
the place of business, on account of which the revenues and fines
were received, is located;

(b)
One-fourth shall be credited to the general fund of the county.

(E)
There is hereby created within the state treasury the cigarette tax
enforcement fund for the purpose of providing funds to assist in
paying the costs of enforcing sections 1333.11 to 1333.21 and Chapter
5743. of the Revised Code.

The
portion of cigarette license application fees received by a county
auditor during the annual application period that ends on the first
day of June and that is required to be deposited in the cigarette tax
enforcement fund shall be sent to the tax commissioner by the
thirtieth day of June each year accompanied by the form prescribed by
the tax commissioner. The portion of cigarette license application
fees received by each county auditor after the first day of June and
that is required to be deposited in the cigarette tax enforcement
fund shall be sent to the commissioner by the last day of the month
following the month in which such fees were collected.

(F)(1)
Every person who desires to engage in the business of a manufacturer
or importer of cigarettes shall, annually, on or before the first day
of June, make and deliver to the tax commissioner, upon a blank form
furnished by the commissioner for that purpose, a statement showing
the name of the applicant, the nature of the applicant's business,
and any other information required by the commissioner. If the
applicant is a firm, partnership, or association other than a
corporation, the applicant shall state the name and address of each
of its members. If the applicant is a corporation, the applicant
shall state the name and address of each of its officers.

(2)
Upon receipt of the application required under this section, the
commissioner shall verify that the applicant is not in violation of
any provision of Chapter 1346. of the Revised Code. The commissioner
shall also verify that the applicant has filed any returns, submitted
any information, and paid any outstanding taxes, charges, or fees as
required for any tax, charge, or fee administered by the
commissioner, to the extent that the commissioner is aware of the
returns, information, taxes, charges, or fees at the time of the
application. Upon approval, the commissioner shall issue to the
applicant a license authorizing the applicant to engage in the
business of manufacturer or importer, whichever the case may be, for
one year commencing on the first day of June.

(3)
The issuing of a license under division (F)(1) of this section to a
manufacturer does not excuse a manufacturer from the certification
process required under section 1346.05 of the Revised Code. A
manufacturer who is issued a license under division (F)(1) of this
section and who is not listed on the directory required under section
1346.05 of the Revised Code shall not be permitted to sell cigarettes
in this state other than to a licensed cigarette wholesaler for sale
outside this state. Such a manufacturer shall provide documentation
to the commissioner evidencing that the cigarettes are legal for sale
in another state.

(G)
The tax commissioner may adopt rules necessary to administer this
section.

Sec.
5743.51.
(A)
To provide revenue for the general revenue fund of the state, an
excise tax on tobacco products and vapor products is hereby levied at
one of the following rates:

(1)
For tobacco products other than little cigars or premium cigars,
seventeen per cent of the wholesale price of the tobacco product
received by a distributor or sold by a manufacturer to a retail
dealer located in this state.

(2)
Thirty-seven per cent of the wholesale price of little cigars
received by a distributor or sold by a manufacturer to a retail
dealer located in this state.

(3)
For premium cigars received by a distributor or sold by a
manufacturer to a retail dealer located in this state, the lesser of
seventeen per cent of the wholesale price of such premium cigars or
the maximum tax amount per each such premium cigar.

(4)
For vapor products, one cent multiplied by the vapor volume of vapor
products the first time the products are received by a vapor
distributor in this state.

Each
distributor or vapor distributor who brings tobacco products or vapor
products, or causes tobacco products or vapor products to be brought,
into this state for distribution within this state, or any
out-of-state distributor or vapor distributor who sells tobacco
products or vapor products to wholesale or retail dealers located in
this state for resale by those wholesale or retail dealers is liable
for the tax imposed by this section. Only one sale of the same
article shall be used in computing the amount of the tax due. If a
vapor product is repackaged, reconstituted, diluted, or reprocessed,
the subsequent sale of that vapor product shall be considered another
sale of the same article for purposes of computing the amount of tax
due.

(B)
The treasurer of state shall place to the credit of the tax refund
fund created by section 5703.052 of the Revised Code, out of the
receipts from the tax levied by this section, amounts equal to the
refunds certified by the tax commissioner pursuant to section 5743.53
of the Revised Code. The balance of the taxes collected under this
section shall be paid into the general revenue fund.

(C)
The commissioner may adopt rules
as
are necessary to assist in the enforcement and administration of
sections 5743.51 to 5743.66 of the Revised Code, including rules

providing
for the remission of penalties imposed.

(D)
A manufacturer is not liable for payment of the tax imposed by this
section for sales of tobacco products or vapor products to a retail
dealer that has filed a signed statement with the manufacturer in
which the retail dealer agrees to pay and be liable for the tax, as
long as the manufacturer has provided a copy of the statement to the
tax commissioner.

Sec.
5745.15.
(A)
Each taxpayer shall make its records, documents, returns, and reports
open to inspection by the tax commissioner during normal business
hours, and shall preserve those records, documents, returns, and
reports for a period of three years after the date the return or
report, or return or report to which such a record or document
pertains, was required to be filed or actually was filed, whichever
is later. The tax commissioner may consent in writing to the
destruction of such records, documents, returns, or reports within
that three-year period.

(B)
The tax commissioner shall administer and enforce this chapter. In
addition to any other powers conferred by law on the tax
commissioner, the tax commissioner may prescribe all forms required
to be filed under those sections
,
adopt rules that, in the opinion of the tax commissioner, are
necessary to carry out those sections,

and appoint and employ such personnel as may be necessary to carry
out the tax commissioner's duties under those sections.

Sec.
5747.026.
(A)
For taxable years beginning on or after January 1, 2002, each member
of the national guard and each member of a reserve component of the
armed forces of the United States called to active duty pursuant to
an executive order issued by the president of the United States or an
act of the congress of the United States may apply to the tax
commissioner for both an extension for filing of the return and an
extension of time for payment of taxes required under this chapter
and under Chapter 5748. of the Revised Code during the period of the
member's duty service and for sixty days thereafter. The application
shall be filed on or before the sixtieth day after the member's duty
terminates. An applicant shall provide such evidence as the tax
commissioner considers necessary to demonstrate eligibility for the
extension.

(B)(1)
If the tax commissioner ascertains that an applicant is qualified for
an extension under this section, the tax commissioner shall enter
into a contract with the applicant for the payment of the tax in
installments that begin on the sixty-first day after the applicant's
active duty terminates. Except as provided in division (B)(3) of this
section, the tax commissioner may prescribe such contract terms as
the tax commissioner considers appropriate. If the amount owed is two
thousand four hundred dollars or less, the contract shall be for not
longer than twelve months. If the amount owed is more than two
thousand four hundred dollars, the contract shall be for not longer
than twenty-four months.

(2)
If the tax commissioner ascertains that an applicant is qualified for
an extension under this section, the applicant shall neither be
required to file any return, report, or other tax document nor be
required to pay any tax otherwise due under this chapter and Chapter
5748. of the Revised Code before the sixty-first day after the
applicant's active duty terminates.

(3)
Taxes paid pursuant to a contract entered into under division (B)(1)
of this section are not delinquent. The tax commissioner shall not
require any payments of penalties, interest penalties, or interest in
connection with those taxes for the extension period.

(C)(1)
Nothing in this division denies to any person described in this
division the application of divisions (A) and (B) of this section.

(2)(a)
A qualifying taxpayer who is eligible for an extension under the
Internal Revenue Code shall receive both an extension of time in
which to file any return, report, or other tax document described in
this chapter and an extension of time in which to make any payment of
taxes required under this chapter and Chapter 5748. of the Revised
Code. The length of any extension granted under division (C)(2)(a) of
this section shall be equal to the length of the corresponding
extension that the taxpayer receives under the Internal Revenue Code.
As used in this section, "qualifying taxpayer" means a
member of the national guard, or a member of the reserve component of
the armed forces of the United States, who is called to active duty
pursuant to either an executive order issued by the president of the
United States or an act of the congress of the United States.

(b)
Taxes whose payment is extended in accordance with division (C)(2)(a)
of this section are not delinquent during the extension period. The
tax commissioner shall not require any payment of penalties, interest
penalties, or interest in connection with those taxes for the
extension period. The tax commissioner shall not include any period
of extension granted under division (C)(2)(a) of this section in
calculating the penalty, interest penalty, or interest due on any
unpaid tax.

(D)
For each taxable year to which division (A), (B), or (C) of this
section applies to a taxpayer, the provisions of divisions (B)(2) and
(3) or (C) of this section, as applicable, apply to the spouse of
that taxpayer if the filing status of the spouse and the taxpayer is
married filing jointly for that year.

(E)
The tax commissioner may adopt rules
necessary
to administer this section, including rules
establishing
the following:

(1)
Forms and procedures by which applicants may apply for extensions;

(2)
Criteria for eligibility;

(3)
A schedule for repayment of deferred taxes.

Sec.
5747.063.
The
requirements imposed under this section are in addition to the
municipal income tax withholding requirements under section 718.031
of the Revised Code. As used in this section, "sports gaming
proprietor" and "sports gaming facility" have the same
meanings as in section 3775.01 of the Revised Code.

(A)(1)
Subject to division (F) of this section, if a person's winnings from
casino gaming or from sports gaming are an amount for which reporting
to the internal revenue service of the amount is required by section
6041 of the Internal Revenue Code, as amended, a casino operator or
sports gaming proprietor shall deduct and withhold Ohio income tax
from the person's winnings at a rate of three and one-eighth per cent
for calendar year 2025, after
the
effective date of this amendment
September
30, 2025
,
and two and three-quarters per cent for calendar year 2026 and
thereafter of the amount won. A person's amount of winnings from
casino gaming shall be determined each time the person exchanges
amounts won in tokens, chips, casino credit, or other prepaid
representations of value for cash or a cash equivalent. The casino
operator or sports gaming proprietor shall issue, to a person from
whose winnings an amount has been deducted and withheld, a receipt
for the amount deducted and withheld, and also shall obtain from the
person additional information that will be necessary for the casino
operator or sports gaming proprietor to prepare the returns required
by this section.

(2)
If a person's winnings from casino gaming or sports gaming require
reporting to the internal revenue service under division (A)(1) of
this section, the casino operator or sports gaming proprietor also
shall require the person to state in writing, under penalty of
falsification, whether the person is in default under a support
order.

(B)
Amounts deducted and withheld by a casino operator or sports gaming
proprietor are held in trust for the benefit of the state.

(1)
On or before the tenth day of each month, the casino operator or
sports gaming proprietor shall file a return electronically with the
tax commissioner identifying the persons from whose winnings amounts
were deducted and withheld, the amount of each such deduction and
withholding during the preceding calendar month, the amount of the
winnings from which each such amount was withheld, the type of casino
gaming or sports gaming that resulted in such winnings, and any other
information required by the tax commissioner. With the return, the
casino operator or sports gaming proprietor shall remit
electronically to the commissioner all the amounts deducted and
withheld during the preceding month.

(2)(a)
A casino operator or sports gaming proprietor shall maintain a record
of each written statement provided under division (A)(2) of this
section in which a person admits to being in default under a support
order. The casino operator or sports gaming proprietor shall make
these records available to the director of job and family services
upon request.

(b)
A casino operator or sports gaming proprietor shall maintain copies
of receipts issued under division (A)(1) of this section and of
written statements provided under division (A)(2) of this section and
shall make these copies available to the tax commissioner upon
request.

(c)
A casino operator or sports gaming proprietor shall maintain the
information described in divisions (B)(2)(a) and (b) of this section
in accordance with section 5747.17 of the Revised Code and any rules
adopted pursuant thereto.

(3)
Annually, on or before the thirty-first day of January, a casino
operator or sports gaming proprietor shall file an annual return
electronically with the tax commissioner indicating the total amount
deducted and withheld during the preceding calendar year. The casino
operator or sports gaming proprietor shall remit electronically with
the annual return any amount that was deducted and withheld and that
was not previously remitted. If the identity of a person and the
amount deducted and withheld with respect to that person were omitted
on a monthly return, that information shall be indicated on the
annual return.

(4)(a)
A casino operator or sports gaming proprietor who fails to file a
return and remit the amounts deducted and withheld is personally
liable for the amount deducted and withheld and not remitted. The
commissioner may impose a penalty up to one thousand dollars if a
return is filed late, if amounts deducted and withheld are remitted
late, if a return is not filed, or if amounts deducted and withheld
are not remitted. Interest accrues on past due amounts deducted and
withheld at the rate prescribed in section 5703.47 of the Revised
Code. The commissioner may collect past due amounts deducted and
withheld and penalties and interest thereon by assessment under
section 5747.13 of the Revised Code as if they were income taxes
collected by an employer.

(b)
If a casino operator or sports gaming proprietor sells the casino
facility or sports gaming facility, or otherwise quits the casino or
sports gaming business, the amounts deducted and withheld and any
penalties and interest thereon are immediately due and payable. The
successor shall withhold an amount of the purchase money that is
sufficient to cover the amounts deducted and withheld and penalties
and interest thereon until the predecessor casino operator or sports
gaming proprietor produces either a receipt from the commissioner
showing that the amounts deducted and withheld and penalties and
interest thereon have been paid or a certificate from the
commissioner indicating that no amounts deducted and withheld or
penalties and interest thereon are due. If the successor fails to
withhold purchase money, the successor is personally liable for
payment of the amounts deducted and withheld and penalties and
interest thereon, up to the amount of the purchase money.

(C)
Annually, on or before the thirty-first day of January, a casino
operator or sports gaming proprietor shall issue an information
return to each person with respect to whom an amount has been
deducted and withheld during the preceding calendar year. The
information return shall show the total amount deducted from the
person's winnings by the casino operator or sports gaming proprietor
during the preceding calendar year.

(D)
Amounts deducted and withheld shall be allowed as a credit against
payment of the tax imposed by section 5747.02 of the Revised Code and
shall be treated as taxes paid for purposes of section 5747.09 of the
Revised Code. This division applies only to the person for whom the
amount is deducted and withheld.

(E)
The failure of a casino operator or sports gaming proprietor to
deduct and withhold the required amount from a person's winnings does
not relieve the person from liability for the tax imposed by section
5747.02 of the Revised Code with respect to those winnings. And
compliance with this section does not relieve a casino operator or
sports gaming proprietor or a person who has winnings from casino
gaming or sports gaming from compliance with relevant provisions of
federal tax laws.

(F)
A sports gaming proprietor that offers lottery sports gaming through
a terminal described in division (B)(3) of section 3770.24 of the
Revised Code shall not withhold amounts under this section from
winnings from wagers placed through that terminal. The state lottery
commission shall withhold amounts from those winnings under section
5747.062 of the Revised Code.

(G)
The commissioner shall prescribe the form of the receipt and returns
required by this section. The director of job and family services
shall prescribe the form of the statement required by this section.

(H)
The commissioner may adopt rules that are necessary to administer
this section.

Sec.
5747.064.
The
requirements imposed under this section are in addition to the
municipal income tax withholding requirements under section 718.031
of the Revised Code.

(A)
As used in this section, "video lottery sales agent" has
the same meaning as in section 3770.10 of the Revised Code.

(B)
If a person's prize award from a video lottery terminal is an amount
for which reporting to the internal revenue service of the amount is
required by section 6041 of the Internal Revenue Code, as amended,
the video lottery sales agent shall deduct and withhold Ohio income
tax from the person's prize award at a rate of three and one-eighth
per cent for calendar year 2025, after
the
effective date of this amendment
September
30, 2025
,
and two and three-quarters per cent for calendar year 2026 and
thereafter of the amount won. The video lottery sales agent shall
issue, to a person from whose prize award an amount has been deducted
or withheld, a receipt for the amount deducted and withheld, and also
shall obtain from the person additional information that will be
necessary for the video lottery sales agent to prepare the returns
required by this section.

(C)
Amounts deducted and withheld by a video lottery sales agent are held
in trust for the benefit of the state.

(1)
On or before the tenth day of each month, the video lottery sales
agent shall file a return electronically with the tax commissioner
identifying the persons from whose prize awards amounts were deducted
and withheld, the amount of each such deduction and withholding
during the preceding month, the amount of the prize award from which
each such amount was withheld, and any other information required by
the commissioner. With the return, the video lottery sales agent
shall remit electronically to the commissioner all the amounts
deducted and withheld during the preceding month.

(2)
A video lottery sales agent shall maintain a record of all receipts
issued under division (B) of this section and shall make those
records available to the commissioner upon request. Such records
shall be maintained in accordance with section 5747.17 of the Revised
Code and any rules adopted pursuant thereto.

(3)
Annually, on or before the thirty-first day of January, a video
lottery sales agent shall file an annual return electronically with
the tax commissioner indicating the total amount deducted and
withheld during the preceding calendar year. The video lottery sales
agent shall remit electronically with the annual return any amount
that was deducted and withheld and that was not previously remitted.
If the identity of a person and the amount deducted and withheld with
respect to that person were omitted on a monthly return, that
information shall be indicated on the annual return.

(4)(a)
A video lottery sales agent who fails to file a return and remit the
amounts deducted and withheld is personally liable for the amount
deducted and withheld and not remitted. The commissioner may impose a
penalty of up to one thousand dollars if a return is filed late, if
amounts deducted and withheld are remitted late, if a return is not
filed, or if amounts deducted and withheld are not remitted. Interest
accrues on past due amounts deducted and withheld at the rate
prescribed in section 5703.47 of the Revised Code. The commissioner
may collect past due amounts deducted and withheld and penalties and
interest thereon by assessment under section 5747.13 of the Revised
Code as if they were income taxes collected by an employer.

(b)
If a video lottery sales agent ceases to operate video lottery
terminals, the amounts deducted and withheld and any penalties and
interest thereon are immediately due and payable. A successor of the
video lottery sales agent that purchases the video lottery terminals
from the agent shall withhold an amount of the purchase money that is
sufficient to cover the amounts deducted and withheld and penalties
and interest thereon until the predecessor video lottery sales agent
produces either a receipt from the tax commissioner showing that the
amounts deducted and withheld and penalties and interest thereon have
been paid or a certificate from the commissioner indicating that no
amounts deducted and withheld or penalties and interest thereon are
due. If the successor fails to withhold purchase money, the successor
is personally liable for payment of the amounts deducted and withheld
and penalties and interest thereon, up to the amount of the purchase
money.

(D)
Annually, on or before the thirty-first day of January, a video
lottery sales agent shall issue an information return to each person
with respect to whom an amount has been deducted and withheld during
the preceding calendar year. The information return shall show the
total amount deducted from the person's prize award by the video
lottery sales agent during the preceding year.

(E)
Amounts deducted and withheld shall be allowed as a credit against
payment of the tax imposed by section 5747.02 of the Revised Code and
shall be treated as taxes paid for purposes of section 5747.09 of the
Revised Code. This division applies only to the person for whom the
amount is deducted and withheld.

(F)
The failure of a video lottery sales agent to deduct and withhold the
required amount from a person's prize award does not relieve the
person from liability for the tax imposed by section 5747.02 of the
Revised Code with respect to that income. Compliance with this
section does not relieve a video lottery sales agent or a person who
has a prize award from compliance with relevant provisions of federal
tax laws.

(G)
The commissioner shall prescribe the form of the receipt and returns
required by this section

and may promulgate any rules necessary to administer the section
.

Sec.
5747.065.
(A)
If a taxpayer has elected under section 4141.321 of the Revised Code
to have the director of job and family services deduct and withhold
state income tax from the unemployment compensation benefits payable
to the taxpayer, the director shall deduct and withhold such tax at
the rate or rates that the director shall prescribe in consultation
with the tax commissioner.

(B)(1)
On or before the tenth day of each month, the director of job and
family services shall file a return electronically with the tax
commissioner, in the form prescribed by the commissioner. With the
return, the director shall remit electronically to the commissioner
all the amounts deducted and withheld under this section during the
preceding month.

(2)
On or before the thirty-first day of January of each year, beginning
in 2026, the director shall electronically file an annual return with
the commissioner, in the form prescribed by the commissioner,
indicating the total amount deducted and withheld under this section
during the preceding calendar year. At the time of filing that
return, the director shall remit any amount deducted and withheld
during the preceding calendar year that was not previously remitted.

(3)
Annually, on or before the thirty-first day of January, the director
shall issue an information return to each taxpayer with respect to
whom an amount has been deducted and withheld under this section
during the preceding calendar year. The information return shall show
the total amount deducted from the taxpayer's unemployment
compensation benefits during the preceding calendar year and any
other information the tax commissioner requires. If the director is
required under the Internal Revenue Code to report federal income tax
deducted and withheld from unemployment compensation benefits, then
the director may report the information required under this section
on that report, as authorized by the Internal Revenue Code.

(4)
Annually, on or before the thirty-first day of January, beginning in
2026, the director shall provide to the commissioner a copy of each
information return issued under division (B)(3) of this section for
the preceding calendar year. The commissioner may require that the
copies be transmitted electronically.

(C)
Failure of the director to deduct and withhold the required amounts
from unemployment compensation benefits or to remit amounts withheld
as required by this section does not relieve a taxpayer from
liability for the tax imposed by section 5747.02 of the Revised Code.

(D)
The director of job and family services may adopt rules as necessary
to administer this section.

Sec.
5747.12.
(A)
If a person entitled to a refund under section 5747.11 or 5747.13 of
the Revised Code is indebted for any of the following, the amount
refundable may be applied in satisfaction of the debt:

(1)
To this state for any tax, workers' compensation premium due under
section 4123.35 of the Revised Code, or unemployment compensation
contribution due under section 4141.25 of the Revised Code;

(2)
To the state or a political subdivision for a certified claim under
section 131.02 or 131.021 of the Revised Code or a finding for
recovery included in a certified report that has been filed with the
attorney general pursuant to sections 117.28 and 117.30 of the
Revised Code;

(3)
For a fee that is paid to the state or to the clerk of courts
pursuant to section 4505.06 of the Revised Code;

(4)
For any charge, penalty, collection cost, or interest arising from a
debt listed in divisions (A)(1) to (3) of this section.

(B)
If the amount refundable is less than the amount of the debt owed
under division (A) of this section, it may be applied in partial
satisfaction of the debt. If the amount refundable is greater than
the amount of that debt, the amount remaining after satisfaction of
the debt shall be refunded. If the person has more than one debt
listed in division (A) of this section, any debt subject to section
5739.33 or division (G) of section 5747.07 of the Revised Code or
arising under section 5747.063 or 5747.064 of the Revised Code shall
be satisfied first.

(C)
Except as provided in section 131.021 of the Revised Code, this
section applies only to debts that have become final.

(D)
The tax commissioner may charge each respective agency of the state
for the commissioner's cost in applying refunds to debts due to the
state and may charge the attorney general for the commissioner's cost
in applying refunds to certified claims.

(E)
The commissioner may
promulgate

adopt

rules

to
implement this section. The rules may
to

address
,
among other things,

situations such as those where persons may jointly be entitled to a
refund but do not jointly owe a debt or certified claim.

(F)
The commissioner may, with the consent of the taxpayer, provide for
the crediting, against tax imposed under this chapter or Chapter
5748. of the Revised Code and due for any taxable year, of the amount
of any refund due the taxpayer under this chapter or Chapter 5748. of
the Revised Code, as appropriate, for a preceding taxable year.

Sec.
5747.121.
(A)
In accordance with sections 3123.821 to
3123.823

3123.822

of
the Revised Code, the tax commissioner shall cooperate with the
department of job and family services in establishing and then
implementing procedures for the collection of overdue child support
from refunds of paid state income taxes under this chapter that are
payable to obligors. The tax commissioner shall deposit money
collected from such refunds into the child support intercept fund.

(B)
At the request of the department of job and family services in
connection with the collection of overdue child support from a refund
of paid state income taxes pursuant to sections 3123.821 to
3123.823

3123.822

of
the Revised Code and division (A) of this section, the tax
commissioner shall release to the department the home address and
social security number of any obligor whose overdue child support may
be collected from a refund of paid state income taxes pursuant to
sections 3123.821 to
3123.823

3123.822

of
the Revised Code and division (A) of this section.

(C)
In the case of persons filing a joint income tax return, the amount
of the refund available for the collection of overdue child support
shall be based on the proportion of the refund due to the obligor
only. Any obligor's spouse who objects to the amount of the refund to
be used for the collection of overdue child support may file a
complaint with the tax commissioner within twenty-one days after
receiving notice of the collection. The commissioner shall afford a
complainant an opportunity to be heard. The burden of proving an
error by the commissioner in determining the amount of a refund to be
used for the collection of overdue child support shall be on the
complainant.

(D)
There is hereby created in the state treasury the child support
intercept fund, which shall consist of moneys paid into it by the tax
commissioner under division (A) of this section. Moneys in the fund
shall be disbursed pursuant to vouchers approved by the director of
job and family services for use by the division of child support to
meet the requirements of section 666 of Title IV-D of the "Social
Security Act," 98 Stat. 1306 (1975), 42 U.S.C. 666, as amended,
and any rules promulgated under Title IV-D. Moneys appropriated from
the fund are not intended to replace other moneys appropriated for
this purpose.

(E)
As used in this section, "obligor" has the same meaning as
in section 3123.82 of the Revised Code.

Sec.
5747.123.
(A)
As used in this section:

(1)
"Obligee" and "obligor" have the same meanings as
in section 3119.01 of the Revised Code;

(2)
"Overpaid child support" has the same meaning as in section
3123.82 of the Revised Code.

(B)
In accordance with sections 3123.821 to
3123.823

3123.822

of
the Revised Code, the tax commissioner shall cooperate with the
department of job and family services in establishing and
implementing procedures for the collection of overpaid child support
from refunds of paid state income taxes under this chapter that are
payable to obligees. The tax commissioner shall collect the refunds
and send the amounts to the department of job and family services for
distribution to obligors who made the overpayment.

(C)
In the case of persons filing a joint income tax return, the amount
of the refund available for the collection of overpaid child support
shall be based on the proportion of the refund due the obligee only.
An obligee's spouse who objects to the amount of the refund to be
used for the collection of overpaid child support may file a
complaint with the tax commissioner within twenty-one days after
receiving notice of the collection. The commissioner shall afford a
complainant an opportunity to be heard. The burden of proving an
error by the commissioner in determining the amount of the refund to
be used for the collection of overpaid child support shall be on the
complainant.

Sec.
5747.18.
The
tax commissioner shall enforce and administer this chapter. In
addition to any other powers conferred upon the commissioner by law,
the commissioner may:

(A)
Prescribe all forms required to be filed pursuant to this chapter;

(B)

Adopt
such rules as the commissioner finds necessary to carry out this
chapter;

(C)

Appoint
and employ such personnel as are necessary to carry out the duties
imposed upon the commissioner by this chapter.

Any
information gained as the result of returns, investigations,
hearings, or verifications required or authorized by this chapter is
confidential, and no person shall disclose such information, except
for official purposes, or as provided by section 3125.43, 4123.271,
4123.591, 4141.163, 4141.28, 4507.023, 5101.182, or 5703.21 of the
Revised Code, or in accordance with a proper judicial order. The tax
commissioner may furnish the internal revenue service with copies of
returns or reports filed and may furnish the officer of a municipal
corporation charged with the duty of enforcing a tax subject to
Chapter 718. of the Revised Code with the names, addresses, and
identification numbers of taxpayers who may be subject to such tax. A
municipal corporation shall use this information for tax collection
purposes only. This section does not prohibit the publication of
statistics in a form which does not disclose information with respect
to individual taxpayers.

Sec.
5747.38.
(A)
As used in this section and section 5747.39 of the Revised Code and
in other sections of Chapter 5747. of the Revised Code in the context
of the tax imposed under this section:

(1)
"Electing pass-through entity" means a qualifying
pass-through entity that elects to be subject to the tax levied under
this section for a taxable year pursuant to division (C) of this
section.

(2)
"Owner" means a person that is a partner, member,
shareholder, or investor in an electing pass-through entity for any
portion of the taxable year.

(3)
"Income" means the sum of owners' distributive shares of
the income, gain, expense, or loss of an electing pass-through entity
for the taxable year, as reported for federal income tax purposes.

(4)
"Qualifying taxable income" means the sum of the following:

(a)
The portion of an electing pass-through entity's income that is
business income, subject to the applicable adjustments in divisions
(A)(2) to (7) of section 5733.40 of the Revised Code, multiplied by
the fraction described in division (B)(1) of that section;

(b)
The portion of the electing pass-through entity's income that is
nonbusiness income allocated to this state under section 5747.20 of
the Revised Code.(B) For the same purposes for which the tax is
levied under section 5747.02 of the Revised Code, a tax is hereby
levied on each electing pass-through entity on the entity's
qualifying taxable income for the taxable year, at the following
rates:

(1)
For an electing pass-through entity's taxable year that begins in
2022, five per cent;

(2)
For an electing pass-through entity's taxable year that begins in
2023 and in any year thereafter, the rate equal to the tax rate
imposed on taxable business income under division (A)(4)(a) of
section 5747.02 of the Revised Code applicable to that taxable year.

(C)
A pass-through entity that is not a disregarded entity, as defined in
section 5733.01 of the Revised Code, may elect to be subject to the
tax levied under this section by filing with the tax commissioner a
form prescribed by the commissioner making such election on or before
the deadline to file the return under section 5747.42 of the Revised
Code for the taxable year. Such election applies only to the taxable
year for which the election is made and is, once made, irrevocable
for that year.

(D)
Except as otherwise provided in this division, the tax levied under
this section shall be calculated without regard to any deductions or
credits otherwise permitted to be claimed by an owner of the electing
pass-through entity in computing the owner's aggregate tax liability
under section 5747.02 of the Revised Code. In calculating its tax due
under this section, an electing pass-through entity may claim the
refundable credits authorized under section 5747.059 or 5747.39 of
the Revised Code or division (I) of section 5747.08 of the Revised
Code if that credit is available to one or more of the entity's
owners as if the entity were the owner or owners.

(E)
The tax levied under this section is intended to comply with the
provisions of internal revenue service notice 2020-75 in which such
tax paid by an electing pass-through entity is deductible to the
entity for federal income tax purposes.

(F)
The tax commissioner shall adopt rules
to
administer the tax levied under this section. Such rules shall
include a description of
describing

how
the adjustments to income under divisions (A)(36) and (S)(15) of
section 5747.01 of the Revised Code and the credit under section
5747.39 of the Revised Code apply to direct or indirect owners of an
electing pass-through entity based on various ownership structures.
Any rule adopted under this section is not a regulatory restriction
for the purpose of section 121.95 of the Revised Code.

Sec.
5747.73.
(A)
As used in this section, "scholarship granting organization"
means an entity that is certified as such by the attorney general
under division (C) of this section.

(B)
There is hereby allowed a nonrefundable credit against a taxpayer's
aggregate tax liability under section 5747.02 of the Revised Code for
a taxpayer that donates cash to scholarship granting organizations
during the taxable year or on or before the due date, unextended
under division (G) of section 5747.08 of the Revised Code, for filing
the tax return for the taxable year as described in that division. A
credit may not be claimed for two taxable years on the basis of the
same contribution. The credit shall equal the amount of cash
donations made by the taxpayer and, if filing a joint return, the
taxpayer's spouse, except that the credit shall not exceed, for any
taxable year, one thousand five hundred dollars for spouses filing a
joint return or seven hundred fifty dollars for all other taxpayers.
If a taxpayer files a joint return, the credit amount attributable to
donations made by each spouse shall not exceed seven hundred fifty
dollars. The credit shall be claimed in the order required under
section 5747.98 of the Revised Code.

If
the taxpayer is a direct or indirect investor in a pass-through
entity that donates cash to scholarship granting organizations during
the taxable year, the taxpayer may claim its proportionate or
distributive share of the credit allowed under this section, except
that the share that may be claimed by all such investors may not
exceed seven hundred fifty dollars for any taxable year.

The
credit authorized by this section is not allowed unless the taxpayer
claiming the credit provides to the tax commissioner, in the form and
manner required by the commissioner, a copy of a receipt or other
document issued by the scholarship granting organization
acknowledging the taxpayer's contribution to the organization and the
amount of the contribution. The commissioner may require a taxpayer
to furnish any other information necessary to support a claim for the
credit. No credit shall be allowed unless a copy of such document or
other required information is provided.

(C)
An entity may apply to the attorney general, on forms and in the
manner prescribed by the attorney general, to be certified so that
contributions to the entity qualify for the tax credit authorized
under this section. The attorney general shall certify an entity as a
scholarship granting organization if the entity submits information
and documentation, to the attorney general's satisfaction,
establishing that the entity satisfies the following:

(1)
It is a religious or nonreligious nonprofit organization exempt from
federal taxation under section 501(a) of the Internal Revenue Code as
an organization described in section 501(c)(3) of the Internal
Revenue Code.

(2)
It primarily awards academic scholarships for primary and secondary
school students.

(3)
It prioritizes awarding its scholarships to low-income primary and
secondary school students.

The
attorney general shall notify the applicant of the attorney general's
determination within thirty days after the attorney general receives
the application. The attorney general shall maintain a list of all
scholarship granting organizations. As soon as is practicable after
compiling or updating this list, the attorney general shall furnish
the list to the tax commissioner, who shall post the list or updated
list to the department of taxation's web site.

The
attorney general shall adopt rules necessary to determine eligibility
for
and
administer
the
credit authorized under this section.

Sec.
5747.83.
(A)
Terms used in this section have the same meanings as in section
175.16 of the Revised Code.

(B)
There is hereby allowed a nonrefundable credit against a taxpayer's
aggregate tax liability under section 5747.02 of the Revised Code for
a taxpayer that is allocated a credit issued by the executive
director of the Ohio housing finance agency under section 175.16 of
the Revised Code. The credit equals the amount allocated to such
taxpayer for the taxable year that begins in the calendar year for
which the designated reporter files the form prescribed by division

(I)
(H)

of section 175.16 of the Revised Code.

The
credit shall be claimed in the order required under section 5747.98
of the Revised Code. If the credit exceeds the taxpayer's aggregate
tax due under section 5747.02 of the Revised Code for that taxable
year after allowing for credits that precede the credit under this
section in that order, such excess shall be allowed as a credit in
each of the ensuing five taxable years, but the amount of any excess
credit allowed in any such taxable year shall be deducted from the
balance carried forward to the ensuing taxable year.

No
credit shall be claimed under this section to the extent the credit
was claimed under section 5725.36, 5726.58, or 5729.19 of the Revised
Code.

Sec.
5747.85.
(A)
As used in this section:

(1)
"Homeownership savings account" and "program period"
have the same meanings as in section 135.70 of the Revised Code.

(2)
"Account owner" means "eligible participant" as
defined by section 135.70 of the Revised Code.

(3)
"Contributor" means the account owner or a parent, spouse,
sibling, stepparent, or grandparent of the account owner who deposits
funds into the homeownership savings account.

(4)
"Lifetime contribution limit" means twenty-five thousand
dollars of contributions per contributor per homeownership savings
account. If an account owner opens one or more additional
homeownership savings accounts, a contributor's lifetime contribution
limit for the additional accounts shall be reduced by any
contributions previously made by the contributor to an account owned
by that account owner.

(5)
"Eligible expenses" means unreimbursed expenses paid by the
account owner for home purchase costs for the account owner's primary
residence and account fees imposed on the account owner.

(6)
"Primary residence" means a homestead located in this state
that is or will be the account owner's principal place of residence
at the time the eligible expenses are incurred and for which the
account owner receives or will receive a reduction in real property
taxes or manufactured home taxes under division (B)(2) of section
323.152 of the Revised Code.

(7)
"Homestead" means a homestead, as defined in section
323.151 of the Revised Code, or a manufactured or mobile home that is
owned and occupied as a home by an individual whose domicile is in
this state and upon which the manufactured home tax is assessed
pursuant to division (D)(2) of section 4503.06 of the Revised Code.

(8)
"Home purchase costs" means "eligible home costs"
as defined in section 135.70 of the Revised Code.

(9)
"Employer contribution" means the amount an employer
contributes to a homeownership savings account.

(B)
In computing Ohio adjusted gross income, a deduction from federal
adjusted gross income is allowed to a contributor for amounts
contributed to a homeownership savings account to the extent that the
amounts contributed have not already been deducted in computing the
contributor's federal or Ohio adjusted gross income for the taxable
year. The deduction shall equal the amount of contributions made by
the taxpayer and, if filing a joint return, the taxpayer's spouse,
except that the deduction shall not exceed, for any taxable year, ten
thousand dollars for spouses filing a joint return or five thousand
dollars for all other taxpayers for each homeownership savings
account to which contributions are made. If a taxpayer files a joint
return, the deduction amount attributable to contributions made by
each spouse shall not exceed five thousand dollars for each
homeownership savings account to which contributions are made. A
contributor is not entitled to a deduction under this section to the
extent the deduction causes the contributor to exceed the lifetime
contribution limit. No deduction is allowed under this section for
the transfer of funds from one homeownership savings account to
another homeownership savings account.

(C)
In computing Ohio adjusted gross income, a deduction from federal
adjusted gross income is allowed to an account owner for the
following items:

(1)
Interest earned on a homeownership savings account to the extent the
interest has not been otherwise deducted or excluded in computing an
account owner's federal or Ohio adjusted gross income.

(2)
Employer contributions made by an employer to an account owner's
homeownership savings account to the extent the employer
contributions have not been otherwise deducted or excluded in
computing an account owner's federal or Ohio adjusted gross income.

(D)
The tax commissioner may request that a taxpayer claiming a deduction
calculated under division (B) or (C) of this section furnish
information necessary to support the claim for the deduction under
this section, and no deduction shall be allowed unless the requested
information is provided.

(E)
No deduction is permitted under division (B) or (C) of this section
for contributions made or interest earned after the conclusion of a
homeownership savings account's program period.

(F)
The commissioner may adopt rules necessary to administer this
section.

Sec.
5749.14.
The
tax commissioner shall enforce and administer this chapter and
applicable provisions of section 1509.50 of the Revised Code. In
addition to any other powers conferred upon the commissioner by law,
the commissioner may:

(A)
Prescribe all forms required to be filed pursuant to this chapter;

(B)

Promulgate
such rules as the commissioner finds necessary to carry out this
chapter and applicable provisions of section 1509.50 of the Revised
Code;

(C)

Appoint and employ such personnel as may be necessary to carry out
the duties imposed upon the commissioner by this chapter.

Sec.
5751.013.
(A)
Except as provided in division (B) of this section:

(1)
A person shall include as taxable gross receipts the value of
property the person transfers into this state for the person's own
use within one year after the person receives the property outside
this state; and

(2)
In the case of a consolidated elected taxpayer group or a combined
taxpayer group, the taxpayer shall include as taxable gross receipts
the value of property that any of the taxpayer's members transferred
into this state for the use of any of the taxpayer's members within
one year after the taxpayer receives the property outside this state.

(B)
Property brought into this state within one year after it is received
outside this state by a person or group described in division (A)(1)
or (2) of this section shall not be included as taxable gross
receipts as required under those divisions if the tax commissioner
ascertains that the property's receipt outside this state by the
person or group followed by its transfer into this state within one
year was not intended in whole or in part to avoid in whole or in
part the tax imposed under this chapter.

(C)
The tax commissioner may adopt rules necessary to administer this
section.

Sec.
5751.07.
(A)
Any person required to file returns under this chapter shall remit
each tax payment, and, if required by the tax commissioner, file the
tax return or the annual report, electronically. The commissioner may
require taxpayers to use the Ohio business gateway as defined in
section 718.01 of the Revised Code to file returns and remit the tax,
or may provide another means for taxpayers to file and remit the tax
electronically.

(B)
A person required by this section to remit taxes or file returns
electronically may apply to the tax commissioner, on the form
prescribed by the commissioner, to be excused from that requirement.
The commissioner may excuse a person from the requirements of this
division for good cause.

(C)(1)
If a person required to remit taxes or file a return electronically
under this section fails to do so, the commissioner may impose a
penalty not to exceed the following:

(a)
For either of the first two tax periods the person so fails, the
greater of twenty-five dollars or five per cent of the amount of the
payment that was required to be remitted;

(b)
For the third and any subsequent tax periods the person so fails, the
greater of fifty dollars or ten per cent of the amount of the payment
that was required to be remitted.

(2)
The penalty imposed under division (C)(1) of this section is in
addition to any other penalty imposed under this chapter and shall be
considered as revenue arising from the tax imposed under this
chapter. A penalty may be collected by assessment in the manner
prescribed by section 5751.09 of the Revised Code. The tax
commissioner may abate all or a portion of such a penalty.

(D)
The tax commissioner may adopt rules necessary to administer this
section.

Sec.
5753.09.
The
tax commissioner shall administer and enforce this chapter. In
addition to any other powers conferred upon the tax commissioner by
law, the tax commissioner may:

(A)
Prescribe all forms that are required to be filed under this chapter;

(B)

Adopt
rules that are necessary and proper to carry out this chapter; and

(C)

Appoint professional, technical, and clerical employees as are
necessary to carry out the tax commissioner's duties under this
chapter.

Sec.
5902.05.
(A)
There is hereby created in the state treasury the military injury
relief fund, which shall consist of money contributed to it under
sections 4503.535 and 5747.113 of the Revised Code and of
contributions made directly to it. Any person or entity may
contribute directly to the fund in addition to or independently of
the income tax refund contribution system established in section
5747.113 of the Revised Code.

(B)
Upon application, the director of veterans services shall grant money
in the fund to individuals injured while in active service as a
member of the armed forces of the United States while serving after
October 7, 2001, and to individuals diagnosed with post-traumatic
stress disorder while serving, or after having served, after October
7, 2001.

(C)
An individual who receives a grant under this section is precluded
from receiving additional grants under this section during the same
state fiscal year but is not precluded from being considered for or
receiving other assistance offered by the department of veterans
services.

(D)
The director shall adopt rules under Chapter 119. of the Revised Code
establishing:

(1)
Forms and procedures by which individuals may apply for a grant under
this section;

(2)
Criteria for reviewing, evaluating, and approving or denying grant
applications;

(3)
Criteria for determining the amount of grants awarded under this
section;

(4)
Definitions and standards applicable to determining whether an
individual meets the requirements established in division (B) of this
section;

(5)
The process for appealing eligibility determinations
;
and

(6)
Any other rules necessary to administer the grant program established
in this section
.

(E)
An eligibility determination, a grant approval, or a grant denial
made under this section may not be appealed under Chapter 119. or any
other provision of the Revised Code.

Sec.
5911.011.
(A)
As director of state armories, the adjutant general may acquire,
design, construct, expand, rehabilitate, and convert grounds,
armories, airfields, and other facilities for the purposes of
developing, training, and operating units of the Ohio national guard
and for the safekeeping of arms, clothing, equipment, and other state
or federal military property issued to the Ohio national guard, or
state property issued to the Ohio military reserve or the Ohio naval
militia.

(B)
In acquiring grounds, armories, airfields, and other facilities for
the purposes described in division (A) of this section, the adjutant
general may lease property for any term up to ninety-nine years,
subject to the availability of state funds or federal funds obtained
under an agreement by which the United States contributes to the cost
of leasing the grounds, armory, airfield, or other facility, or the
adjutant general may build suitable buildings, airfields, and
facilities for those purposes.

(C)
The adjutant general may provide for the leasing, management, care,
and maintenance of those grounds, armories, airfields, and other
facilities

and may prescribe any rules for the management and guidance of the
organizations and units occupying them that are necessary. When
promulgating those rules, the adjutant general need not comply with
Chapter 111. or 119. of the Revised Code
.

Sec.
5919.23.
The
commander in chief may, upon the declaration of war, or upon the
breaking out of insurrection, or upon the imminence of either,
increase the Ohio national guard and the Ohio military reserve by the
creation of such additional units as
he
deems
deemed

necessary; and
he
the
commander in chief

may proceed
in
such manner as rules prescribe
for
the drafting into the organized militia of all such portions of the
militia of the state as
he
deems
deemed

necessary in any such emergency.

Sec.
5922.04.
Sections

5922.02

5922.03

to
5922.08 of the Revised Code do not authorize the Ohio cyber reserve,
or any part thereof, to be called or ordered into the military
service of the United States. The reserve may become a civilian
component of the Ohio national guard.

Sec.
5922.05.
No
person shall be accepted into the Ohio cyber reserve who is not a
United States national or a lawful permanent resident, or who has
been expelled or dishonorably discharged from the armed forces as
defined in section 5903.01 of the Revised Code. Applicants shall be
subject to an appropriate background check, in accordance with rules
adopted by the governor and adjutant general

in accordance with Chapter 119. of the Revised Code
,
before admittance into the reserve.

Notwithstanding
any other provision of the Revised Code, no person shall be
disqualified from acceptance into the Ohio cyber reserve on the basis
that the person is an employee of the state or a political
subdivision of the state, or an employee or proprietor of a private
entity that conducts business with the state or a political
subdivision of the state.

Sec.
5922.07.
The
governor may accept the resignation of any Ohio cyber reserve member
at any time. Reserve members serve at the pleasure of the governor
and may be removed from the reserve

in accordance with rules adopted under section 5922.02 of the Revised
Code
.

The
governor may require reimbursement for training, equipment, and
uniforms if an Ohio cyber reserve member does not serve the full term
of the member's membership agreement and the inability to serve out
the term of the membership agreement was not due to disability or a
similar disabling medical condition.

Sec.
6109.04.
(A)
The director of environmental protection shall administer and enforce
this chapter and rules adopted under it.

(B)
The director shall adopt, amend, and rescind such rules in accordance
with Chapter 119. of the Revised Code as may be necessary or
desirable to
do
both of the following:

(1)
Govern public water systems in order to protect the public health;

(2)
Govern public water systems to protect the public welfare, including
rules governing
govern

contaminants
in water that may adversely affect the suitability of the water for
its intended uses

or that may otherwise adversely affect the public health or welfare
.

(C)
The director may do any or all of the following:

(1)
Adopt, amend, and rescind such rules in accordance with Chapter 119.
of the Revised Code as may be necessary or desirable to do any or
all

either

of
the following:

(a)
Govern the granting of variances and exemptions from rules adopted
under this chapter, subject to requirements of the Safe Drinking
Water Act;

(b)
Govern the certification of operators of public water systems,
including establishment of qualifications according to a
classification of public water systems and of provisions for
examination, grounds for revocation, renewal of certification, and
other provisions necessary or desirable for assurance of proper
operation of water systems
;

(c)
Carry out the powers and duties of the director under this chapter
.

(2)
Provide a program for the general supervision of operation and
maintenance of public water systems;

(3)
Maintain an inventory of public water systems;

(4)
Adopt and implement a program for conducting sanitary surveys of
public water systems;

(5)
Establish and maintain a system of record keeping and reporting of
activities of the environmental protection agency under this chapter;

(6)
Establish and maintain a program for the certification of
laboratories conducting analyses of drinking water;

(7)
Issue, modify, and revoke orders as necessary to carry out the
director's powers and duties under this chapter and primary
enforcement responsibility for public water systems under the "Safe
Drinking Water Act." Orders issued under this chapter are
subject to Chapter 119. of the Revised Code.

(D)
Before adopting, amending, or rescinding a rule authorized by this
chapter, the director shall do all of the following:

(1)
Mail notice to each statewide organization that the director
determines represents persons who would be affected by the proposed
rule, amendment, or rescission at least thirty-five days before any
public hearing thereon;

(2)
Mail a copy of each proposed rule, amendment, or rescission to any
person who requests a copy, within five days after receipt of the
request;

(3)
Consult with appropriate state and local government agencies or their
representatives, including statewide organizations of local
government officials, industrial representatives, and other
interested persons.

Although
the director is expected to discharge these duties diligently,
failure to mail any such notice or copy or to consult with any person
does not invalidate any proceeding or action of the director.

(E)
The director shall issue a certification as an operator of a public
water system in accordance with Chapter 4796. of the Revised Code to
an applicant if either of the following applies:

(1)
The applicant holds a certification or license in another state.

(2)
The applicant has satisfactory work experience, a government
certification, or a private certification as described in that
chapter as an operator of a public water system in a state that does
not issue that certification or license.

Sec.
6109.072.
(A)
No person shall install a public water system well without an
approved well siting application issued by the director of
environmental protection in accordance with this chapter and any
rules adopted under it.

(B)
In addition to meeting the siting requirements established under
section 6109.04 of the Revised Code and the rules adopted under it, a
person that submits a well siting application for a public water
system well shall include all of the following in the application:

(1)
For a new public water system or an existing public water system that
proposes an increase in the withdrawal of waters of the state, an
evaluation of alternatives for the provision of drinking water,
including the potential for tie-in to a regional water system;

(2)
For a new public water system or an existing public water system that
proposes an increase in the withdrawal of waters of the state, asset
management program information in accordance with section 6109.24 of
the Revised Code and the rules adopted under it;

(3)
For an existing public water system, a description of the asset
management program impacts of installing the well, including impacts
to any existing asset management program and the potential for tie-in
to a regional water system;

(4)
For a public water system well that has the capacity to withdraw
waters of the state in an amount requiring registration pursuant to
section 1521.16 of the Revised Code, a general plan, subject to
approval of the director, that includes both of the following:

(a)
The information required to be submitted under section 6109.07 of the
Revised Code and the rules adopted under it;

(b)
Verification of registration pursuant to section 1521.16 of the
Revised Code.

(5)
For a public water system well that has new or increased capacities
for withdrawal or consumptive use that require a permit issued under
either section 1521.29 or 1522.12 of the Revised Code, a permit
approved by the chief of the division of water resources in the
department of natural resources pursuant to section 1521.29 or
1522.12 of the Revised Code.

(C)
Divisions (B)(2) and (3) of this section do not apply to a transient
noncommunity water system.

(D)
If the director approves a well siting application for an applicant
that meets the requirements of division (B)(5) of this section, the
applicant then shall submit to the director a copy of any
certification, continuing monitoring, or other data or reports
required by the chief of the division of water resources pursuant to
a permit issued under either section 1521.29 or 1522.12 of the
Revised Code and any revised ground water model required by the
chief.

(E)
The director may require the well site applicant to include, in the
application, additional information, including but not limited to
hydrologic information, in a form prescribed by the director for any
public water system that is not required to obtain a permit under
either section 1521.23 or 1522.12 of the Revised Code.

(F)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code as is necessary for the implementation of this section.

Sec.
6109.121.
(A)
The director of environmental protection shall adopt rules in
accordance with Chapter 119. of the Revised Code that do all of the
following:

(1)
Require the owner or operator of a community or nontransient
noncommunity water system to conduct sampling of the system for lead
and copper;

(2)
Establish a schedule for lead and copper sampling applicable to the
owner or operator of a community or nontransient noncommunity water
system that, at a minimum, does both of the following:

(a)
Allows the director, in establishing the schedule, to consider the
following factors when determining if a community or nontransient
noncommunity water system must conduct sampling at least once
annually:

(i)
The age of the water system;

(ii)
Whether corrosion control requirements are met;

(iii)

Any
other relevant risk factors, as determined by the director, including
aging
Aging

infrastructure
likely to contain lead service lines.

(b)
Requires the owner or operator of a system where such risk factors
are identified to conduct sampling at least once annually until the
risk factors are mitigated in accordance with rules.

(3)
Require the owner or operator of a community or nontransient
noncommunity water system to provide collected samples to a certified
laboratory for analysis;

(4)
Authorize the director to require additional sampling for pH level
and other water quality parameters to determine if corrosion control
requirements are met;

(5)
Authorize the director to establish corrosion control requirements
for community and nontransient noncommunity water systems;

(6)
Require the owner or operator of a community or nontransient
noncommunity water system to conduct a new or updated corrosion
control treatment study and submit a new or updated corrosion control
treatment plan not later than eighteen months after any of the
following events:

(a)
The system changes or adds a source from which water is obtained.

(b)
The system makes a substantial change in water treatment.

(c)
The system operates outside of acceptable ranges for lead, copper,
pH, or other corrosion indicators, as determined by the director.

(d)
Any other event determined by the director to have the potential to
impact the water quality or corrosiveness of water in the system.

(7)
Authorize the director to waive the requirement to conduct a new or
updated corrosion control study established in rules adopted under
division (A)(6) of this section in appropriate circumstances;

(8)
When the owner or operator of a community or nontransient
noncommunity water system is required to complete a corrosion control
treatment study and submit a plan in accordance with rules adopted
under division (A)(6) of this section, require the owner or operator
to complete the study and submit the plan to the director for
approval even if sampling results conducted subsequent to the
initiation of the study and plan do not exceed the lead action level
established in rules adopted under this chapter;

(9)
When the owner or operator of a community or nontransient
noncommunity water system is required to complete a corrosion control
treatment study and submit a plan in accordance with rules adopted
under division (A)(6) of this section, require the owner or operator
to submit to the director an interim status report of actions taken
to implement the corrosion control study six months and twelve months
from the date of initiation of the corrosion control study
requirement;

(10)
Establish a lead threshold for individual taps;

(11)
Establish and revise content for public education materials;

(12)
Authorize the director to develop procedures and requirements to
document that notices were provided by the owner or operator of a
community or nontransient noncommunity water system as required under
the rules adopted under division (A)(15) of this section;

(13)
Authorize the director to assess administrative penalties in
accordance with section 6109.23 of the Revised Code for violations of
the notice requirements established in rules adopted under divisions
(A)(15)(b) and (c)(i) of this section;

(14)
Require a laboratory that receives a lead or copper tap water sample
from a community or nontransient noncommunity water system to do both
of the following:

(a)
Complete a lead or copper analysis of the sample, as applicable, not
later than thirty business days after the receipt of the sample;

(b)
Not later than the end of the next business day following the day the
analysis of the sample is completed, report the results of the
analysis and all identifying information about where the sample was
collected to the community or nontransient noncommunity water system
and the director.

(15)
Require the owner or operator of a community or nontransient
noncommunity water system to do all of the following, as applicable,
with regard to laboratory results received under rules adopted under
division (A)(14) of this section:

(a)
If the laboratory results show that a sample from an individual tap
is below the applicable lead threshold as established in rules
adopted under this chapter, provide notice of the results of each
individual tap sample to the owner and persons served at the
residence or other structure where the tap was sampled within a time
period specified in rules that is not more than thirty business days
after the receipt of the laboratory results;

(b)
If the results show that a sample from an individual tap is above the
applicable lead threshold as established under rules adopted under
this chapter, provide notice of the results of each individual tap
sample to the owner and persons served at the residence or other
structure where the tap was sampled within a time period specified in
rules that is not more than two business days after the receipt of
the laboratory results, and do all of the following, as applicable:

(i)
For the owner or operator of a nontransient noncommunity water
system, immediately remove from service all fixtures identified as
contributing to elevated lead levels;

(ii)
For the owner or operator of a community water system, include in the
system's annual consumer confidence report the lead or copper
laboratory results, an explanation of the associated health risks,
what actions consumers of the system can take to reduce health risks,
and the actions the system is taking to reduce public exposure;

(iii)
Not later than two business days after the receipt of the laboratory
results, provide information on the availability of health screening
and blood lead level testing to the owner and persons served at the
residence or other structure where the sample was collected and
provide notice of the laboratory results to the applicable local
board of health.

(c)
If the laboratory results show that the community or nontransient
noncommunity water system exceeds the lead action level established
in rules adopted under this chapter, do all of the following, as
applicable:

(i)
Not later than two business days after the receipt of the laboratory
results, provide notice to all of the system's water consumers that
the system exceeds the lead action level. The owner or operator shall
provide the notice in a form specified by the director.

(ii)
Not later than five business days after the receipt of the laboratory
results by the owner or operator of a community water system, provide
information on the availability of tap water testing for lead to all
consumers served by the system who are known or likely to have lead
service lines, lead pipes, or lead solder as identified in the map
required to be completed by rules adopted under division (A)(18) of
this section;

(iii)
Not later than thirty business days after the receipt of the
laboratory results, make an analysis of laboratory results available
to all consumers served by the system, comply with public education
requirements established in rules adopted under this chapter that
apply when a public water system exceeds the lead action level, and
provide information to consumers served by the system about the
availability of health screenings and blood lead level testing in the
area served by the water system;

(iv)
Subject to rules adopted under division (A)(7) of this section,
perform a corrosion control treatment study and submit a corrosion
control treatment plan to the director not later than eighteen months
after the date on which laboratory results were received by the owner
or operator indicating that the system exceeded the lead action
level.

(16)
Require that not later than five business days after the receipt of
the laboratory results, the owner or operator shall certify to the
director that the owner or operator has complied with the
requirements of rules adopted under divisions (A)(15)(b),
(A)(15)(c)(i), and (A)(15)(c)(ii) of this section, as applicable.

(17)
Require that if the owner or operator of a community or nontransient
noncommunity water system fails to provide the notices required under
rules adopted under division (A)(15)(b) or (c)(i) of this section,
the director shall provide those notices beginning ten business days
from the date that the director receives laboratory results under the
rules adopted under division (A)(14) of this section.

(18)
Require the owner or operator of a community or nontransient
noncommunity water system to submit a map to the director showing
areas of the system that are known or are likely to contain lead
service lines and identifying characteristics of buildings served by
the system that may contain lead piping, solder, or fixtures. The
rules shall, at a minimum, require the owner or operator to do all of
the following:

(a)
Submit a copy of the applicable map to the department of health and
the department of job and family services;

(b)
Submit a report to the director containing at least the applicable
map and a list of sampling locations that are tier I sites used to
collect samples as required by rules adopted under this chapter,
including contact information for the owner and occupant of each
sampling site;

(c)
Update and resubmit the information required by divisions (A)(18)(a)
and (b) of this section according to a schedule determined by the
director, but not less frequently than required under the Safe
Drinking Water Act.

(B)
The director shall post information on the environmental protection
agency's web site about sources of funding that are available to
assist communities with lead service line identification and
replacement and schools with fountain and water-service fixture
replacement.

(C)
As required by the director, an owner or operator of a nontransient
noncommunity water system that is a school or child care center shall
collect additional tap water samples in buildings identified in the
map required to be completed by rules adopted under division (A)(18)
of this section.

(D)
As used in this section:

(1)
"Child care center" has the same meaning as in section
5104.01 of the Revised Code.

(2)
"School" means a school operated by the board of education
of a city, local, exempted village, or joint vocational school
district, the governing board of an educational service center, the
governing authority of a community school established under Chapter
3314. of the Revised Code, the governing body of a science,
technology, engineering, and mathematics school established under
Chapter 3326. of the Revised Code, the board of trustees of a
college-preparatory boarding school established under Chapter 3328.
of the Revised Code, or the governing authority of a chartered or
nonchartered nonpublic school.

(3)
"Local board of health" means the applicable board of
health of a city or general health district or the authority having
the duties of a board of health under section 3709.05 of the Revised
Code.

Sec.
6111.035.
(A)
The director of environmental protection, consistent with the Federal
Water Pollution Control Act and the regulations adopted thereunder,
without application therefor, may issue, modify, revoke, or terminate
a general permit under this chapter for both of the following:

(1)
Discharge of stormwater; the discharge of liquids, sediments, solids,
or water-borne mining related waste, such as, but not limited to,
acids, metallic cations, or their salts, from coal mining and
reclamation operations; or treatment works whose discharge would have
de minimis impact on the waters of the state receiving the discharge;

(2)
Installation or modification of disposal systems or any parts
thereof, including disposal systems for stormwater or for coal mining
and reclamation operations.

A
general permit shall apply to a class or category of discharges or
disposal systems or to persons conducting similar activities, within
any area of the state, including the entire state.

A
general permit shall not be issued unless the director determines
that the discharges authorized by the permit will have only minimal
cumulative adverse effects on the environment when the discharges are
considered collectively and individually and if, in the opinion of
the director, the discharges, installations, or modifications
authorized by the permit are more appropriately authorized by a
general permit than by an individual permit.

A
general permit shall be issued subject to applicable mandatory
provisions and may be issued subject to any applicable permissive
provision of the Federal Water Pollution Control Act and the
regulations adopted thereunder.

The
director, at the director's discretion, may require any person
authorized to discharge or to install or modify a disposal system
under a general permit to apply for and obtain an individual permit
for the discharge, installation, or modification. When a particular
discharge, installation, or modification is subject to an individual
permit, a general permit shall not apply to that discharge,
installation, or modification until the individual permit is revoked,
terminated, or modified to exclude the discharge, installation, or
modification.

In
the case of a general permit issued by the director under this
section for coal mining and reclamation operations, a person seeking
coverage under such a general permit shall submit a notice of intent
to be covered by the general permit and to be subject to the terms
and conditions of the general permit. The notice of intent shall be
submitted in accordance with the forms and deadlines specified for
the applicable general permit for which coverage is sought. If the
director has not granted or denied coverage under the general permit
within forty-five days after receipt of the notice of intent, the
person seeking coverage shall submit written notice to the director
restating the person's request for coverage under the general permit.
The director shall grant or deny coverage under the general permit
not later than sixty days after receipt of the notice of intent. If,
not later than fifteen days after receipt of the person's written
notice restating the person's request for coverage, but not earlier
than sixty days after receipt of the original notice of intent for
coverage under the general permit, the director fails to act on the
notice of intent, the discharge that is the subject of the notice of
intent is deemed to be permitted and covered by the general permit
related to coal mining and reclamation operations. Nothing in this
section alters or limits the authority of the director to enforce the
terms and conditions of the general permit or limits the director's
authority to issue or deny other required permits.

As
used in this division, "coal mining and reclamation operations"
has the same meaning as in section 1513.01 of the Revised Code.

(B)
Notwithstanding any requirement under Chapter 119. of the Revised
Code concerning the manner in which notice of a permit action is
provided, the director shall not be required to provide certified
mail notice to persons subject to the issuance, modification,
revocation, or termination of a general permit under division (A) of
this section.

Notwithstanding
section 3745.07 of the Revised Code concerning the location of
newspapers in which notices of permit actions are published, the
director shall cause notice of the issuance, modification,
revocation, or termination of a general permit to be published in the
newspapers of general circulation determined by the director to
provide reasonable notice to persons affected by the permit action in
the geographic area covered by the general permit within the time
periods prescribed by section 3745.07 of the Revised Code. Any notice
under this section or section 3745.07 of the Revised Code concerning
the issuance, modification, revocation, or termination of a general
permit shall include a summary of the permit action and instructions
on how to obtain a copy of the full text of the permit action. The
director may take other appropriate measures, such as press releases
and notice to trade journals, associations, and other persons known
to the director to desire notification, in order to provide notice of
the director's actions concerning the issuance, modification,
revocation, or termination of a general permit; however, the failure
to provide such notice shall not invalidate any general permit.

(C)
Notwithstanding any other provision of the Revised Code, a person
subject to the proposed issuance, modification, revocation, or
termination of a general permit under division (A) of this section
may request an adjudication hearing pursuant to section 119.07 of the
Revised Code concerning the proposed action within thirty days after
publication of the notice of the proposed action in newspapers of
general circulation pursuant to division (B) of this section. This
division shall not be interpreted to affect the authority of the
director to take actions on general permits in forms other than
proposed general permits.

(D)

The
director may exercise all incidental powers required to carry out
this section, including, without limitation, the adoption, amendment,
and rescission of rules to implement a general permit program for
classes or categories of dischargers or disposal systems.

(E)

On and after the date on which the United States environmental
protection agency approves the NPDES program submitted by the
director of agriculture under section 903.08 of the Revised Code,
this section does not apply to storm water from an animal feeding
facility, as defined in section 903.01 of the Revised Code, or to
manure, as defined in that section.

(F)
(E)

As used in this section, "Federal Water Pollution Control Act"
means the "Federal Water Pollution Control Act Amendments of
1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended by the "Clean
Water Act of 1977," 91 Stat. 1566, 33 U.S.C.A. 1251, the "Act
of October 21, 1980," 94 Stat. 2360, 33 U.S.C.A. 1254, the
"Municipal Wastewater Treatment Construction Grant Amendments of
1981," 95 Stat. 1623, 33 U.S.C.A. 1281, and the "Water
Quality Act of 1987," 101 Stat. 7, 33 U.S.C.A. 1251.

Sec.
6111.043.
(A)
As used in this section and sections 6111.044 to 6111.047 of the
Revised Code, "area of review" means the area of review of
an injection well as determined under regulations adopted under the
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42
U.S.C.A. 300(f), as amended, or under rules adopted under this
section.

(B)
This section and sections 6111.044 to 6111.049 of the Revised Code
establish a program for regulation of the injection of sewage,
industrial waste, hazardous waste, and other wastes into wells in
order to control pollution of the waters of the state, to prevent
contamination of underground sources of drinking water, and to
satisfy all requirements of the "Safe Drinking Water Act,"
88 Stat. 1661 (1974), 42 U.S.C.A. 300(f), as amended, regarding
injection wells as defined in regulations adopted under that act.
This section and sections 6111.044 to 6111.049 of the Revised Code do
not apply to the drilling, conversion, and operation of wells that
are subject to Chapter 1509. of the Revised Code.

The
director of environmental protection, in consultation with the
director of natural resources, shall adopt rules in accordance with
Chapter 119. of the Revised Code governing the injection of sewage,
industrial waste, hazardous waste, and other wastes into wells. The
rules shall
include

have

provisions
regarding all of the following:

(1)
Applications for and issuance and renewal of injection well drilling
and injection well operating permits. The term of an injection well
operating permit shall be five years, except that in the case of the
injection well drilling permit or renewal of an injection well
operating permit, as appropriate, that is first issued on or after
the effective date of this amendment for a class I injection well
that is in operation on that date, the term of the permit shall be
not less than four nor more than six years as determined by the
director.

(2)

Terms
and conditions of such permits;

(3)

Entry to conduct inspections to ascertain compliance with this
section, sections 6111.044, 6111.045, and 6111.047 of the Revised
Code, and rules adopted and orders and terms and conditions of
permits issued thereunder;

(4)
(3)

Contingencies involving the mechanical integrity of class I injection
wells, including requirements for the automatic shutdown of an
injection well if pressures or the temperature or specific gravity of
the sewage, industrial waste, hazardous waste, or other wastes
differs from prescribed allowances;

(5)
(4)

A requirement that a seismic reflection data survey be conducted at
each injection site where a class I injection well is located or
proposed to be located in order to determine the presence or absence
of such geologic faults or fractures as may be identified by seismic
reflection survey data within or near the area around the well where
formation pressures may be increased due to the operation of the
well. If, prior to the effective date of division
(B)(5)
(B)(4)

of this section, a seismic reflection data survey was conducted at an
injection site in accordance with a work plan approved by the
director or a seismic reflection data survey was conducted at an
injection site and the results were approved in writing by the
director, the rules adopted under that division shall not require
that a new survey be conducted. If there is a change in the area of
review of an injection well that is located at an injection site for
which a seismic reflection data survey has been conducted, or if a
new injection well is proposed to be located at such an injection
site, the rules shall require that the owner or operator of the
injection site reevaluate the data obtained from the survey. The
rules shall require that if, after a reevaluation of the existing
survey data, the director determines that the existing data are
inadequate to determine the presence or absence of geologic faults or
fractures within the altered area of review or to determine the
presence or absence of geologic faults or fractures within the area
of pressure buildup of the new well, the director may require the
owner or operator to submit such additional seismic reflection data
as the director considers necessary or appropriate. All seismic
reflection data surveys shall be conducted in accordance with the
standards established in rules adopted by the director.

(6)
(5)

A requirement that when the director has reason to believe that the
operation of a class I injection well may cause seismic disturbances,
a passive seismicity monitoring program be maintained at or near the
injection site. The rules adopted under division
(B)(6)
(B)(5)

of this section may require that a microseismicity monitoring program
be maintained at an injection site when determined to be necessary or
appropriate by the director. All seismicity monitoring programs shall
be conducted in accordance with standards established in rules
adopted by the director.

(7)
(6)

Definitions of the various classes of injection wells;

(8)
(7)

A determination of the areas of review of injection wells
;

(9)
Other provisions in furtherance of the goals of this section and the
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42
U.S.C.A. 300(f), as amended
.
The rules adopted under this section shall be consistent with that
act and the regulations adopted under it, except that the director
may adopt rules under this section that are more stringent than that
act and the regulations adopted under it when
he

the
director
determines
that they are inadequate to protect human health or the environment.

(C)
Unless otherwise authorized by rule of the director, no person shall
drill a new well or convert an existing well for the purpose of
injecting sewage, industrial waste, hazardous waste, or other wastes,
without having obtained an injection well drilling permit issued by
the director of environmental protection. The original permit or a
true copy thereof shall be displayed in a conspicuous and easily
accessible place at the well site. An application for an injection
well drilling permit shall be filed with the director upon such form
as the director prescribes and shall contain
such
information as the director requires by rule, including
all
of the following information:

(1)
The name and address of the owner and, if a corporation, the name and
address of the statutory agent;

(2)
In the case of an applicant for a permit to drill a class I injection
well who, at the time of submitting the application, does not hold an
injection well operating permit or renewal of such a permit issued
under section 6111.044 of the Revised Code, a statement of all
relevant expertise of the owner or, if the well is to be operated by
a person other than the owner, of the operator, in the operation of
class I injection wells and a listing of all class I injection wells
that the owner or operator has operated and is operating; the date
that each such well was first placed in service or, if the well was
first placed in service before the applicant acquired the well, the
date that the applicant acquired the well; and the date of issuance,
identification number, and expiration date of the permits issued for
each such well by the United States or the state in which the
injection well is located and, for each such permit, the name and
address of the federal or state agency that issued the permit;

(3)
The signature of the owner or
his
the
owner's

authorized agent. When an authorized agent signs an application, it
shall be accompanied by a certified copy of
his
the

appointment as such agent.

(4)
The proposed well location identified by latitude and longitude, and
the location of the tract on which the well is to be drilled
identified by latitudes and longitudes, section or lot number, city,
village, or township, as applicable, and county;

(5)
Designation of the well by name and number;

(6)
The name of the geological formation and the approximate depth
interval to be tested or used and the proposed total depth of the
well;

(7)
The type of drilling, completion, and injection equipment proposed to
be used;

(8)
The plan for disposal of water and other waste substances resulting
from or obtained or produced in connection with the drilling,
conversion, or testing of the well;

(9)
The chemical composition and physical properties of the substance
proposed to be injected.

(D)
Based upon conditions observed by the director or
his
the
director's

authorized representative during drilling or completion of a class I
injection well, the director may request the holder of an injection
well drilling permit issued under section 6111.044 of the Revised
Code to submit to the director such information and test results in
addition to those submitted with the application as the director
considers necessary to more adequately define hydrogeologic
conditions at the site of the well and to protect the lowermost
underground source of drinking water near the injection well. The
director shall include in each injection well drilling permit issued
under section 6111.044 of the Revised Code the condition that, upon
receiving such a request from the director, the permit holder
promptly submit the additional information or test results to the
director.

(E)
Unless otherwise authorized by rule of the director, no person shall
use a well for the injection of sewage, industrial waste, hazardous
waste, or other wastes without first obtaining an injection well
operating permit issued by the director. An application for an
injection well operating permit or a renewal of such a permit shall
be filed on such form as the director prescribes and shall contain
the information prescribed in the applicable provisions of divisions
(C)(1) to (9) of this section. In addition, an application for an
injection well operating permit or renewal of such a permit for a
class I injection well shall contain
such
information as the director requires by rule, including
all
of the following:

(1)
The results of such seismic reflection data surveys, seismic
monitoring, and geophysical testing surveys in and surrounding the
injection area as are required pursuant to rules adopted under
divisions
(B)(5)
(B)(4)

and
(6)
(5)

of this section;

(2)
A plan for ensuring the annual review and testing of the integrity of
the well casing and associated well features and, if the application
is for a renewal, the results of all such testing since the issuance
of the current permit or renewal permit. If this information has been
submitted to the director previously as required by rule or
applicable technical guidance, it may be included in the application
by reference.

(3)
A plan for monitoring the lowermost underground source of drinking
water near the injection well. When determined to be necessary by the
director, the application also shall include a plan for monitoring
conditions of other formations within the area of review of the well,
including formation pressures, formation transmissivity, or the
vertical or horizontal migration of the injected fluids. If the
application is for the renewal of an injection well operating permit,
it shall be accompanied by all of the results from the monitoring of
the lowermost underground source of drinking water near the well, and
from other formation monitoring activities, conducted during the term
of the current permit or renewal that had not been submitted to the
director previously in accordance with rules adopted under this
section, the terms and conditions of the current permit or renewal,
or applicable technical guidance.

(4)
A plan for conducting a seismicity monitoring program at the
injection site when such a monitoring program is required pursuant to
rules adopted under division
(B)(6)
(B)(5)

of this section;

(5)
The results of downhole monitoring; geophysical logs; core samples,
to the extent that they are available; results of laboratory tests of
core samples, to the extent that they are available; results of
laboratory tests of formation fluids from the injection zone; and
such other data or samples as the director may require to be
submitted. If any such information, test results, or samples have
been submitted to the director previously upon the request of the
director or as required by rule, the terms and conditions of the
injection well drilling permit or injection well operating permit or
renewal of that operating permit for the well, or applicable
technical guidance, the information, test results, or results of the
analysis or evaluation of the samples may be included in the
application by reference.

(6)
A determination accompanied by supporting documentation describing
all areas around the well where formation pressures are predicted by
the applicant to be increased due to the operation of the well and an
evaluation of whether any resulting potential exists for
contamination of any underground source of drinking water or
migration of substances injected into the well outside of the
anticipated injection zone. The determination shall be made through
the use of an hydraulic model acceptable to the director.

(7)
An evaluation of all artificial penetrations through the base of any
underground source of drinking water within the area of review of the
well and a determination of whether the wells are completed or
plugged in accordance with the applicable rules adopted under this
section or section 1509.15 of the Revised Code
;

(8)
Such additional information as the director determines to be
necessary to carry out his responsibilities under this section and
section 6111.044 of the Revised Code
.

(F)
Unless otherwise authorized by rule of the director, each application
for an injection well drilling or operating permit or renewal of an
injection well operating permit shall be accompanied by a map, on a
scale not smaller than four hundred feet to the inch, prepared by an
Ohio registered surveyor, showing the location of the well and
containing such other data as may be prescribed by the director. If
the well is or is to be located within the excavations and workings
of an active mine, the map also shall include the location of the
mine, the name of the mine, and the name of the person operating the
mine. If the well is or is to be located within the excavations of an
abandoned mine, the map also shall include the location of the mine
and, to the extent that the information is available, the name of the
mine and approximate dates when mining activities occurred at the
mine.

(G)
Each application for an injection well drilling permit, an injection
well operating permit, a renewal of an injection well operating
permit, or a modification of an injection well drilling or operating
permit or renewal permit shall be accompanied by a nonrefundable fee
prescribed by the director by rule as necessary to defray the cost of
processing the application.

Sec.
6111.047.
(A)
For the purpose of defraying the costs to the environmental
protection agency of implementing, administering, and enforcing
sections 6111.043 to 6111.047 of the Revised Code pertaining to class
I injection wells, a fee of one dollar per ton is hereby levied on
the injection of industrial waste or other wastes into a class I
injection well. The fee levied by this division does not apply to the
injection into such a well of any hazardous waste identified or
listed in rules adopted under section 3734.12 of the Revised Code.
The maximum annual fee for wastes injected at a class I injection
facility shall be twenty-five thousand dollars regardless of the
number of wells being used at the facility.

The
owner or operator of the class I injection facility, as a trustee for
the state, shall collect the fee levied under this division and
forward it to the director of environmental protection in accordance
with the rules adopted under division (C) of this section. The owner
or operator shall remit the fee collected under this division to the
director upon the anniversary of the date of issuance of
his
the
owner's or operator's

injection well operating permit or renewal of such a permit, as
appropriate. If the class I injection facility consists of more than
one injection well, the owner or operator shall remit the fee to the
director on the anniversary of the date of issuance of the injection
well operating permit or renewal of such a permit for which the
anniversary of the date of issuance next succeeds the first day of
January. If payment is late, the owner or operator shall pay to the
director a penalty of ten per cent of the amount of the fee for each
month that it is late.

(B)
The director shall credit the moneys received under division (A) of
this section to the underground injection control fund created in
section 6111.046 of the Revised Code.

(C)
The director, by rules adopted in accordance with Chapter 119. of the
Revised Code, shall prescribe any dates not specified in this section
and procedures for collecting and forwarding the fee levied by this
section.
The
rules may prescribe other requirements for implementing and
administering this section.

(D)
No person shall fail to comply with this section or a rule adopted
under it.

Sec.
6111.049.
Section
6111.047 and rules adopted under division
(B)(5)
(B)(4)

of section 6111.043 of the Revised Code do not apply to any
nonhazardous class I injection well that disposes of naturally
occurring formation fluids extracted during salt mining processes
into an injection zone consisting of the Oriskany sandstone at depths
of not more than one thousand five hundred feet.

Sec.
6111.32.
(A)
In order to ensure the regular and orderly maintenance of federal
navigation channels and ports in this state, the director of
environmental protection shall endeavor to work with the United
States army corps of engineers on a dredging plan that focuses on
long-term planning for the disposition of dredged material consistent
with the requirements established in this section.

(B)
On and after July 1, 2020, no person shall deposit dredged material
in the portion of Lake Erie that is within the jurisdictional
boundaries of this state or in the direct tributaries of Lake Erie
within this state that resulted from harbor or navigation maintenance
activities unless the director has determined that the dredged
material is suitable for one of the locations, purposes, or
activities specified in division (C) of this section and has issued a
section 401 water quality certification authorizing the deposit.

(C)
The director may authorize the deposit of dredged material in the
portion of Lake Erie that is within the jurisdictional boundaries of
this state or in the direct tributaries of Lake Erie within this
state that resulted from harbor or navigation maintenance activities
for any of the following:

(1)
Confined disposal facilities;

(2)
Beneficial use projects;

(3)
Beach nourishment projects if at least eighty per cent of the dredged
material is sand;

(4)
Placement in the littoral drift if at least sixty per cent of the
dredged material is sand;

(5)
Habitat restoration projects;

(6)
Projects involving amounts of dredged material that do not exceed ten
thousand cubic yards, including material associated with dewatering
operations related to dredging operations.

(D)
In order to coordinate the activities and responsibilities
established under this chapter and Chapter 1506. of the Revised Code,
the director shall consult with the director of natural resources
when approving the location in which dredged material is proposed to
be deposited in the portion of Lake Erie that is within the
jurisdictional boundaries of this state or in the direct tributaries
of Lake Erie within this state.

(E)
The director of environmental protection, in consultation with the
director of natural resources, may determine that financial,
environmental, regulatory, or other factors exist that result in the
inability to comply with this section. After making that
determination, the director of environmental protection, through the
issuance of a section 401 water quality certification, may allow for
open lake placement of dredged material from the Maumee river, Maumee
bay federal navigation channel, and Toledo harbor.

(F)
The director may adopt rules in accordance with Chapter 119. of the
Revised Code that are necessary for the implementation of this
section.

Sec.
6111.451.
Not
later than one hundred eighty days after
the
effective date of this section
March
29, 2007
,
the director of environmental protection shall adopt rules in
accordance with Chapter 119. of the Revised Code specifying
construction activities that do not, by themselves, constitute
installing works for the treatment or disposal of sewage or other
waste for which approval of plans is required under section 6111.44
or 6111.45 of the Revised Code. The activities shall include the
grading and clearing of land, on-site storage of portable parts and
equipment, and the construction of foundations or buildings that are
not directly related to the installation of treatment or disposal
works. The rules also shall allow specified initial activities that
are part of the installation of treatment or disposal works, such as
the installation of electrical and other utilities for the works,
prior to the approval of the plans for the works, provided that the
owner or operator of the works has submitted the complete plans for
the works to the director and has notified the director that this
activity will be undertaken prior to the approval of the plans. Any
activity that is undertaken under the rules adopted under this
section shall be at the risk of the owner or operator. The rules
adopted under this section, to the extent possible, shall be
consistent with rules adopted under division
(F)(5)
(E)(5)

of section 3704.03 of the Revised Code.

Sec.
6115.51.
The
treasurer of a sanitary district shall, at the time of taking office,
execute and deliver to the president of the board of directors of the
sanitary district, a bond with good and sufficient sureties, to be
approved by the board, conditioned that the treasurer shall account
for and pay over as required by law, and as ordered by the board, all
money received by
him
the
treasurer

on the sale of any of such bonds or from any other source, and that

he
the
treasurer

will only sell and deliver such bonds to the purchasers thereof under
and according to the terms prescribed in this section and section
6115.50 of the Revised Code. The treasurer of the district shall
promptly report all sales of bonds to the board, and the board shall
issue warrants at the proper time for the payment of the principal,
including mandatory sinking fund payments, and premium, if any, and
the interest payments coming due on all bonds sold, and the treasurer
shall place sufficient funds at the place of payment to pay the
bonds. In case proper warrants are not issued by the board as
provided in this section, the treasurer of the district shall
of
his own accord

place funds at the place of payment.

The
successor in office of any treasurer of a sanitary district is not
entitled to the bonds or the proceeds thereof until
he
the
successor

has complied with this section. If it is deemed more expedient by the
board, as to moneys derived from the sale of bonds issued or from any
other source, the board may by resolution select some suitable bank
or banks or other depository, which depository shall be a qualified
trustee as provided in section 135.18 of the Revised Code to hold and
disburse such moneys on the orders of the board as the work
progresses, until such fund is exhausted or transferred to the
treasurer of the district by order of the board. The funds derived
from the sale of any of such bonds shall be used only for paying the
cost of the works and improvements and such costs, expenses, fees,
and salaries, including financing costs, as are authorized by law.

The
district may secure the payment of loans authorized by this chapter
in the same manner as it may secure the payment of bonds
,
and the board may make any necessary rules to provide for such
payment
.
A party who has not sought a remedy against any proceeding under this
chapter, until after bonds have been sold or the work constructed,
cannot for any cause have an injunction against the collection of
taxes or assessments for the payment of such bonds.

Such
bonds are negotiable instruments under Chapter 1303. of the Revised
Code, and when executed under such sections, and when sold in the
manner prescribed in this section and section 6115.50 of the Revised
Code and the consideration therefor is received by the district,
shall not be invalidated for any irregularity or defect in the
proceedings for the issue and sale thereof, and are incontestable in
the hands of bona fide purchasers or holders thereof for value. No
proceedings in respect to the issuance of any such bonds shall be
necessary except such as are required by this chapter.

Moneys
in the funds of the district, in excess of current needs, may be
invested in investments authorized under Chapter 135. of the Revised
Code for the investment of interim moneys, except as otherwise
provided in any resolution authorizing the issuance of its revenue
bonds, in any trust agreement securing its revenue bonds, or in any
other resolution authorizing the investment of its funds. Income from
all such investments of moneys in any fund shall be credited to such
funds as the board determines, subject to any such resolution or
trust agreement, and such investments may be sold at such times as
the treasurer determines.

Section
2.
That
existing sections 9.46, 9.79, 9.821, 101.15, 101.34, 101.78, 101.98,
102.05, 103.0511, 105.41, 107.56, 109.08, 109.36, 109.361, 109.541,
109.57, 109.68, 111.15, 111.18, 111.47, 113.21, 113.51, 113.60,
119.01, 119.03, 120.03, 120.06, 120.521, 121.36, 121.41, 121.68,
122.075, 122.076, 122.077, 122.081, 122.083, 122.086, 122.087,
122.09, 122.154, 122.16, 122.17, 122.171, 122.175, 122.177, 122.179,
122.1710, 122.18, 122.25, 122.291, 122.38, 122.4020, 122.4077,
122.631, 122.632, 122.633, 122.6511, 122.6512, 122.74, 122.851,
122.86, 122.91, 122.922, 122.924, 122.925, 122.9511, 123.01, 123.04,
123.08, 123.201, 123.21, 123.22, 124.17, 124.74, 125.14, 125.84,
125.87, 125.88, 128.63, 131.024, 131.33, 135.182, 135.22, 135.45,
135.46, 135.61, 145.038, 145.09, 145.092, 145.196, 145.28, 145.2913,
145.2914, 145.311, 145.323, 145.381, 145.391, 145.401, 145.43,
145.58, 145.583, 145.584, 145.62, 145.65, 145.81, 145.814, 145.97,
147.62, 148.04, 149.331, 153.71, 156.05, 163.58, 166.02, 166.12,
166.17, 169.09, 173.02, 173.27, 173.38, 173.381, 173.42, 173.43,
173.45, 173.46, 173.502, 173.52, 173.522, 173.524, 173.543, 173.60,
175.05, 175.12, 175.15, 175.16, 175.17, 184.02, 184.116, 307.05,
321.46, 329.12, 340.03, 340.034, 340.08, 718.80, 718.83, 742.013,
742.10, 742.102, 742.161, 742.214, 742.27, 742.31, 742.3721, 742.38,
742.43, 742.443, 742.45, 742.451, 901.50, 901.61, 901.70, 901.72,
903.10, 903.16, 904.03, 905.01, 905.07, 905.51, 905.59, 905.63,
905.64, 907.10, 907.43, 909.03, 909.04, 909.10, 909.13, 909.14,
909.18, 909.99, 911.06, 911.19, 911.34, 913.28, 913.99, 915.12,
915.16, 915.17, 915.23, 918.04, 918.12, 918.25, 918.42, 918.44,
918.99, 921.16, 921.26, 923.43, 923.50, 924.02, 924.20, 924.21,
924.211, 924.22, 924.24, 924.25, 924.29, 924.41, 924.42, 924.44,
924.45, 924.52, 924.53, 925.07, 925.08, 926.01, 926.02, 926.05,
926.16, 926.19, 926.20, 926.22, 926.26, 926.29, 926.32, 927.52,
927.682, 927.69, 927.701, 927.71, 928.03, 935.17, 936.02, 939.02,
939.04, 940.02, 940.31, 941.01, 941.03, 941.99, 943.03, 943.07,
943.14, 943.24, 947.06, 947.99, 955.52, 956.03, 956.041, 1112.08,
1112.24, 1115.05, 1115.06, 1115.24, 1123.02, 1181.08, 1181.21,
1181.23, 1306.21, 1315.27, 1321.37, 1321.42, 1321.43, 1321.46,
1321.54, 1321.702, 1321.77, 1322.05, 1322.56, 1327.46, 1327.50,
1327.52, 1333.21, 1346.08, 1347.05, 1347.99, 1349.30, 1349.32,
1349.34, 1349.43, 1506.02, 1506.04, 1506.34, 1509.03, 1509.061,
1509.222, 1513.02, 1513.07, 1513.16, 1513.171, 1513.18, 1513.35,
1513.37, 1513.372, 1517.23, 1520.03, 1521.062, 1521.063, 1521.13,
1521.21, 1531.01, 1531.06, 1531.08, 1531.101, 1531.40, 1533.081,
1533.102, 1533.103, 1533.11, 1533.111, 1533.112, 1533.113, 1533.12,
1533.131, 1533.191, 1533.32, 1533.321, 1533.45, 1533.55, 1533.731,
1533.74, 1533.77, 1533.84, 1533.88, 1546.04, 1546.10, 1546.18,
1546.99, 1547.38, 1548.02, 1561.03, 1561.05, 1561.07, 1567.35,
1571.18, 1707.20, 1707.471, 1711.06, 1711.11, 1733.22, 1733.41,
1739.05, 1739.18, 1751.72, 1753.09, 1753.31, 1753.32, 1753.33,
1753.34, 1753.35, 1753.36, 1753.37, 1753.40, 1753.41, 1753.42,
1761.04, 1761.13, 1761.16, 2108.23, 2133.25, 2151.412, 2743.02,
2915.08, 2919.271, 2927.27, 2950.08, 2950.13, 2950.131, 2950.14,
2953.26, 3107.01, 3107.033, 3107.035, 3107.0611, 3107.10, 3107.101,
3109.16, 3109.179, 3111.02, 3111.65, 3115.401, 3119.33, 3119.36,
3119.37, 3119.371, 3119.94, 3121.50, 3121.89, 3123.22, 3123.63,
3123.82, 3123.88, 3123.90, 3129.01, 3301.07, 3301.0728, 3301.53,
3301.80, 3301.94, 3302.03, 3304.29, 3304.41, 3305.031, 3305.032,
3307.04, 3307.041, 3307.35, 3307.353, 3307.39, 3307.393, 3307.461,
3307.501, 3307.67, 3307.671, 3307.6913, 3307.6914, 3307.701,
3307.711, 3307.765, 3307.77, 3309.04, 3309.041, 3309.27, 3309.30,
3309.301, 3309.34, 3309.345, 3309.363, 3309.374, 3309.375, 3309.3712,
3309.39, 3309.392, 3309.472, 3309.473, 3309.474, 3309.69, 3309.692,
3309.731, 3309.81, 3310.031, 3310.17, 3310.41, 3310.64, 3313.377,
3313.616, 3313.6111, 3313.902, 3317.072, 3318.60, 3323.02, 3323.08,
3324.11, 3328.12, 3328.13, 3332.031, 3332.09, 3333.04, 3333.052,
3333.073, 3333.125, 3333.126, 3333.127, 3333.13, 3333.136, 3333.168,
3333.28, 3333.37, 3333.391, 3333.61, 3333.70, 3333.72, 3333.88,
3333.90, 3345.024, 3345.27, 3345.28, 3345.31, 3345.351, 3345.481,
3345.57, 3349.03, 3352.07, 3365.034, 3375.01, 3375.04, 3379.04,
3517.10, 3517.106, 3517.23, 3701.021, 3701.132, 3701.136, 3701.144,
3701.145, 3701.241, 3701.31, 3701.341, 3701.508, 3701.54, 3701.615,
3701.84, 3701.87, 3701.922, 3701.936, 3701.937, 3701.938, 3702.301,
3702.3012, 3702.57, 3702.71, 3702.74, 3702.91, 3702.965, 3703.21,
3704.03, 3704.031, 3704.034, 3704.035, 3704.036, 3704.037, 3704.038,
3704.039, 3704.04, 3704.05, 3704.11, 3704.13, 3704.14, 3704.161,
3705.02, 3705.24, 3706.25, 3710.02, 3711.12, 3713.04, 3714.052,
3714.071, 3715.022, 3715.502, 3715.873, 3716.03, 3717.221, 3717.33,
3719.28, 3719.81, 3719.811, 3721.02, 3721.022, 3721.026, 3721.032,
3721.04, 3721.041, 3721.121, 3721.122, 3721.26, 3721.29, 3721.30,
3721.60, 3721.63, 3721.68, 3722.06, 3723.09, 3725.02, 3725.03,
3725.04, 3725.05, 3726.14, 3727.131, 3727.19, 3727.23, 3727.25,
3727.31, 3727.33, 3727.36, 3727.38, 3727.381, 3727.39, 3727.70,
3727.72, 3730.10, 3731.02, 3731.03, 3734.02, 3734.021, 3734.026,
3734.05, 3734.058, 3734.123, 3734.124, 3734.40, 3734.41, 3734.42,
3734.43, 3734.57, 3734.574, 3734.74, 3734.902, 3734.904, 3734.99,
3737.07, 3737.17, 3737.82, 3737.842, 3737.88, 3737.90, 3738.09,
3739.11, 3739.13, 3739.16, 3740.01, 3740.03, 3740.10, 3740.11,
3742.03, 3742.08, 3742.09, 3742.50, 3743.08, 3743.21, 3743.22,
3743.25, 3743.48, 3743.56, 3743.60, 3743.61, 3745.11, 3746.04,
3750.02, 3750.11, 3751.02, 3751.03, 3751.05, 3751.07, 3751.08,
3751.09, 3751.10, 3752.03, 3752.13, 3753.01, 3753.03, 3753.04,
3753.05, 3769.082, 3769.083, 3769.10, 3770.02, 3770.03, 3770.24,
3772.03, 3772.37, 3774.01, 3774.02, 3774.03, 3774.04, 3774.09,
3775.16, 3776.03, 3780.03, 3780.04, 3780.07, 3780.10, 3780.20,
3780.24, 3781.10, 3781.105, 3781.21, 3783.05, 3794.07, 3796.03,
3796.061, 3796.16, 3797.08, 3901.041, 3901.042, 3901.074, 3901.212,
3901.31, 3901.321, 3901.352, 3901.382, 3901.383, 3901.3814, 3901.41,
3901.80, 3901.83, 3902.30, 3902.36, 3902.53, 3902.54, 3902.61,
3903.07, 3903.81, 3903.82, 3903.83, 3903.84, 3903.85, 3903.86,
3903.87, 3903.89, 3903.91, 3903.92, 3905.01, 3905.04, 3905.06,
3905.064, 3905.065, 3905.066, 3905.067, 3905.068, 3905.26, 3905.471,
3905.71, 3905.72, 3905.78, 3905.83, 3905.84, 3905.851, 3905.87,
3905.89, 3905.921, 3905.932, 3906.03, 3906.15, 3911.011, 3913.01,
3915.073, 3915.09, 3916.03, 3916.05, 3916.20, 3918.12, 3923.041,
3923.332, 3924.49, 3924.72, 3929.44, 3935.10, 3937.43, 3953.32,
3956.10, 3959.04, 3959.111, 3959.12, 3961.01, 3961.05, 3961.08,
3963.02, 3964.07, 3964.19, 3965.09, 3965.11, 4111.05, 4111.06,
4111.08, 4117.02, 4121.61, 4123.32, 4123.35, 4123.351, 4125.02,
4133.02, 4141.06, 4141.13, 4141.29, 4141.43, 4141.431, 4141.50,
4167.07, 4167.08, 4167.11, 4301.03, 4301.102, 4303.202, 4303.208,
4303.209, 4303.234, 4303.251, 4303.271, 4307.04, 4501.02, 4501.022,
4501.271, 4501.81, 4503.03, 4503.036, 4503.10, 4503.101, 4503.102,
4503.111, 4503.29, 4503.51, 4503.64, 4503.642, 4505.01, 4505.02,
4505.20, 4506.11, 4506.17, 4507.061, 4507.18, 4507.21, 4507.233,
4507.49, 4508.01, 4508.02, 4509.03, 4509.101, 4510.10, 4510.108,
4510.45, 4511.76, 4511.81, 4513.52, 4517.17, 4517.22, 4517.32,
4519.20, 4519.51, 4521.10, 4561.05, 4561.32, 4701.03, 4703.02,
4703.06, 4707.19, 4709.05, 4713.08, 4715.03, 4715.031, 4715.372,
4715.42, 4715.436, 4715.57, 4715.66, 4717.04, 4723.07, 4723.114,
4723.26, 4723.351, 4723.50, 4723.69, 4723.79, 4723.88, 4723.89,
4725.09, 4725.16, 4725.19, 4725.33, 4725.44, 4725.51, 4727.13,
4729.10, 4729.12, 4729.16, 4729.28, 4729.382, 4729.39, 4729.391,
4729.41, 4729.47, 4729.51, 4729.52, 4729.53, 4729.531, 4729.54,
4729.552, 4729.554, 4729.56, 4729.57, 4729.62, 4729.69, 4729.70,
4729.84, 4729.94, 4730.141, 4730.39, 4730.49, 4731.05, 4731.053,
4731.151, 4731.16, 4731.19, 4731.22, 4731.228, 4731.255, 4731.283,
4731.291, 4731.293, 4731.295, 4731.297, 4731.298, 4731.301, 4731.573,
4732.06, 4733.07, 4734.25, 4734.27, 4734.282, 4734.284, 4734.42,
4735.10, 4737.045, 4738.11, 4740.04, 4741.03, 4741.221, 4741.45,
4741.51, 4743.041, 4743.09, 4745.04, 4747.04, 4749.02, 4749.08,
4751.03, 4751.10, 4751.15, 4751.20, 4751.21, 4751.24, 4751.25,
4751.30, 4751.31, 4751.32, 4751.45, 4752.17, 4753.05, 4753.06,
4757.10, 4757.22, 4757.23, 4757.27, 4757.28, 4758.20, 4758.21,
4759.05, 4759.051, 4759.064, 4760.062, 4761.03, 4761.032, 4761.062,
4762.062, 4763.03, 4763.06, 4763.07, 4763.12, 4765.11, 4765.431,
4765.45, 4766.03, 4768.03, 4771.05, 4771.07, 4771.08, 4772.13,
4772.19, 4773.08, 4774.062, 4774.11, 4775.04, 4778.03, 4778.072,
4778.12, 4779.08, 4779.32, 4781.04, 4783.03, 4785.08, 4796.30,
4905.06, 4905.301, 4905.72, 4905.79, 4905.81, 4905.84, 4906.03,
4909.172, 4921.25, 4921.30, 4927.03, 4927.06, 4928.06, 4928.10,
4928.11, 4928.12, 4928.13, 4928.14, 4928.16, 4928.17, 4928.31,
4928.34, 4928.35, 4928.37, 4928.543, 4928.62, 4928.70, 4928.73,
4929.221, 4935.04, 4939.07, 4981.14, 5101.11, 5101.16, 5101.214,
5101.24, 5101.241, 5101.244, 5101.33, 5101.35, 5101.37, 5101.46,
5101.461, 5101.47, 5101.48, 5101.49, 5101.544, 5101.61, 5101.71,
5101.741, 5101.801, 5101.83, 5101.971, 5103.03, 5103.035, 5103.037,
5103.038, 5103.0310, 5103.0312, 5103.0316, 5103.0323, 5103.0329,
5103.05, 5103.053, 5103.07, 5103.18, 5103.181, 5104.013, 5104.015,
5104.017, 5104.018, 5104.019, 5104.041, 5104.043, 5104.30, 5104.38,
5104.53, 5116.06, 5117.02, 5119.141, 5119.181, 5119.185, 5119.19,
5119.20, 5119.21, 5119.211, 5119.22, 5119.221, 5119.25, 5119.36,
5119.368, 5119.39, 5119.51, 5120.01, 5120.031, 5120.04, 5120.103,
5120.19, 5120.27, 5120.28, 5120.53, 5120.55, 5120.56, 5120.65,
5122.33, 5123.022, 5123.025, 5123.026, 5123.04, 5123.0420, 5123.081,
5123.09, 5123.093, 5123.19, 5123.194, 5123.196, 5123.35, 5123.351,
5123.40, 5123.42, 5123.43, 5123.44, 5123.45, 5123.54, 5123.65,
5124.01, 5124.08, 5124.10, 5124.105, 5124.109, 5124.15, 5124.152,
5124.153, 5124.17, 5124.19, 5124.191, 5124.192, 5124.193, 5124.21,
5124.23, 5124.24, 5124.26, 5124.29, 5124.34, 5124.38, 5124.516,
5124.53, 5126.0220, 5126.04, 5126.08, 5126.081, 5126.11, 5126.131,
5126.25, 5139.04, 5139.281, 5139.33, 5139.34, 5139.43, 5145.03,
5145.14, 5145.15, 5145.161, 5147.30, 5149.101, 5149.31, 5153.111,
5153.113, 5153.124, 5153.16, 5153.163, 5160.052, 5160.10, 5160.12,
5160.20, 5160.34, 5160.37, 5160.43, 5160.48, 5161.02, 5161.30,
5162.01, 5162.021, 5162.031, 5162.10, 5162.21, 5162.23, 5162.364,
5162.41, 5162.66, 5163.01, 5163.02, 5163.063, 5163.098, 5163.20,
5163.21, 5163.30, 5163.31, 5164.02, 5164.061, 5164.071, 5164.072,
5164.092, 5164.16, 5164.291, 5164.31, 5164.32, 5164.33, 5164.34,
5164.341, 5164.342, 5164.36, 5164.46, 5164.74, 5164.741, 5164.755,
5164.758, 5164.76, 5164.89, 5164.93, 5164.95, 5164.96, 5165.01,
5165.04, 5165.082, 5165.10, 5165.105, 5165.109, 5165.153, 5165.154,
5165.156, 5165.17, 5165.191, 5165.192, 5165.193, 5165.38, 5165.48,
5165.516, 5165.53, 5165.61, 5165.62, 5165.64, 5165.771, 5165.78,
5165.81, 5166.02, 5166.04, 5166.121, 5166.23, 5166.30, 5166.301,
5166.303, 5166.308, 5166.409, 5167.031, 5167.101, 5167.173, 5167.20,
5167.31, 5167.33, 5167.35, 5167.40, 5167.41, 5167.47, 5168.02,
5168.26, 5168.56, 5168.71, 5168.75, 5168.78, 5168.90, 5180.02,
5180.21, 5180.278, 5180.32, 5180.404, 5180.42, 5180.422, 5180.427,
5180.4211, 5180.4214, 5180.43, 5180.453, 5180.52, 5180.53, 5180.71,
5180.72, 5301.254, 5315.02, 5501.311, 5501.51, 5502.011, 5502.22,
5502.26, 5502.27, 5502.271, 5502.65, 5502.703, 5503.10, 5503.11,
5505.07, 5505.17, 5505.174, 5505.177, 5505.18, 5505.28, 5505.281,
5505.41, 5505.50, 5505.54, 5515.08, 5516.03, 5516.14, 5526.06,
5531.09, 5531.14, 5531.30, 5537.29, 5595.12, 5703.021, 5703.49,
5703.56, 5703.76, 5703.77, 5703.94, 5705.341, 5709.112, 5709.67,
5713.012, 5715.29, 5725.33, 5725.36, 5726.10, 5726.31, 5726.58,
5727.88, 5728.06, 5729.19, 5731.011, 5733.07, 5733.121, 5733.42,
5735.05, 5735.062, 5736.03, 5739.05, 5739.121, 5739.36, 5741.06,
5741.071, 5741.072, 5743.15, 5743.51, 5745.15, 5747.026, 5747.063,
5747.064, 5747.065, 5747.12, 5747.121, 5747.123, 5747.18, 5747.38,
5747.73, 5747.83, 5747.85, 5749.14, 5751.013, 5751.07, 5753.09,
5902.05, 5911.011, 5919.23, 5922.04, 5922.05, 5922.07, 6109.04,
6109.072, 6109.121, 6111.035, 6111.043, 6111.047, 6111.049, 6111.32,
6111.451, and 6115.51 of the Revised Code are hereby repealed.

Section
3.
That
sections 109.366, 121.50, 125.90, 135.48, 145.80, 173.434, 173.49,
191.40, 905.05, 905.61, 915.22, 925.06, 943.15, 1112.28, 1315.14,
1322.02, 1322.55, 1322.57, 1349.33, 1349.36, 1506.021, 1531.09,
1531.10, 1546.15, 1716.13, 1751.48, 1753.43, 3111.35, 3111.67,
3119.51, 3121.8911, 3123.121, 3123.823, 3307.80, 3309.80, 3328.50,
3333.137, 3333.374, 3333.87, 3701.9314, 3702.79, 3702.86, 3702.961,
3702.981, 3704.141, 3706.29, 3715.69, 3715.82, 3715.91, 3721.11,
3721.67, 3727.15, 3727.40, 3727.79, 3734.47, 3749.02, 3753.02,
3901.044, 3901.077, 3901.3813, 3901.833, 3903.93, 3905.0611, 3905.79,
3905.95, 3938.09, 3960.12, 3961.09, 3963.08, 3964.21, 3965.10,
3970.08, 4506.22, 4729.26, 4730.07, 4734.10, 4744.28, 4751.04,
4760.19, 4762.19, 5101.222, 5119.397, 5120.657, 5124.03, 5160.02,
5162.02, 5165.02, 5165.61, 5167.02, 5168.86, 5180.536, 5502.25,
5703.16, 5709.24, 5709.912, 5920.02, 5921.10, and 5922.02 of the
Revised Code are hereby repealed.

Section
4.
That
the version of section 3313.902 of the Revised Code that is scheduled
to take effect July 1, 2026, be amended to read as follows:

Sec.
3313.902.
(A)
As used in this section:

(1)
"Competency-based educational program" means any system of
academic instruction, assessment, grading, and reporting in which
individuals receive credit based on demonstrations and assessments of
their learning rather than the amount of time they spend studying a
subject. A competency-based educational program shall encourage
accelerated learning among individuals who master academic materials
quickly while providing additional instructional support time for
individuals who need it.

(2)
"Eligible individual" means an individual who satisfies all
of the following criteria:

(a)
The individual is at least eighteen years of age.

(b)
The individual is officially withdrawn from school.

(c)
The individual has not been awarded a high school diploma or a
certificate of high school equivalence as defined in section 4109.06
of the Revised Code.

(3)
"Eligible provider" means a city, local, or exempted
village school district that operates a dropout prevention and
recovery program, the buckeye united school district operated by the
department of youth services, the Ohio central school system
established under section 5145.06 of the Revised Code, or a joint
vocational school district that operates an adult education program.

(4)
"Ohio technical center" has the same meaning as in section
3333.94 of the Revised Code.

(B)
An eligible provider may establish a competency-based educational
program that complies with standards adopted by the department of
education and workforce and may enroll eligible individuals in the
program for up to three consecutive school years for the purpose of
earning a high school diploma. The provider shall establish a career
plan for each individual enrolled in the program that specifies the
individual's career goals and describes how the individual will
demonstrate competency or earn course credits under division (C) of
this section to earn a diploma and attain the individual's career
goals.

(C)
Notwithstanding sections 3313.61, 3313.611, 3313.613, 3313.614,
3313.618, and 3313.619 of the Revised Code, the department shall
award a high school diploma to an individual enrolled in a program
under division (B) of this section who meets either of the following
conditions:

(1)
The individual demonstrates competency by completing at least three
of the following activities, at least one of which shall be the
activity described in division (C)(1)(a) or (b) of this section:

(a)
Attaining a competency score as determined under division (B)(10) of
section 3301.0712 of the Revised Code on each of the Algebra I and
English language arts II end-of-course examinations prescribed under
division (B)(2) of that section;

(b)
Attaining a workforce readiness score, as determined by the
department, on the nationally recognized job skills assessment
selected by the department under division (F) of section 3301.0712 of
the Revised Code;

(c)
Obtaining an industry-recognized credential, or group of credentials,
in a single career field that meet the criteria established under
section 3313.6113 of the Revised Code to qualify for a high school
diploma or earning an industry-recognized credential that is aligned
to a technical education program provided by an Ohio technical
center;

(d)
Earning a cumulative score of proficient or higher on three or more
state technical assessments aligned with section 3313.903 of the
Revised Code in a single career pathway;

(e)
Doing either of the following:

(i)
Completing a pre-apprenticeship program aligned with options
established under section 3313.904 of the Revised Code in the
individual's chosen career field and providing evidence of acceptance
into a registered apprenticeship program in that career field;

(ii)
Completing an apprenticeship registered with the apprenticeship
council established under section 4139.02 of the Revised Code in the
individual's chosen career field.

(f)
Completing two hundred fifty hours of a work-based learning
experience with evidence of positive evaluations;

(g)
Obtaining an OhioMeansJobs-readiness seal under section 3313.6112 of
the Revised Code.

(2)
The individual demonstrates competency by completing at least two of
the activities described in divisions (C)(1)(a) to (g) of this
section and earns course credits distributed as follows:

(a)
English language arts, four credits;

(b)
Mathematics, four credits. One credit may be a career-based
mathematics course aligned to the individual's career plan developed
under division (B) of this section.

(c)
Science, three credits;

(d)
Social studies, three credits;

(e)
Financial literacy, one-half credit. The one-half credit of financial
literacy may be applied toward the number of mathematics or social
studies credits required under division (C)(2) of this section.

(D)
An eligible provider shall report each individual enrolled in a
program under division (B) of this section to the department. The
department annually shall certify the enrollment and attendance of
each individual reported under this division and shall pay the
provider up to $7,500 for each such individual per school year, as
determined by the department based on the extent of the individual's
successful completion of the diploma requirements prescribed in
division (C) of this section.

(E)
Notwithstanding anything in this section to the contrary, an eligible
provider may request that the department allow an eligible individual
to enroll in a program under division (B) of this section for more
than three consecutive school years due to a hardship experienced by
the individual that necessitates additional time to meet the diploma
requirements prescribed in division (C) of this section.

(F)
An eligible individual shall not be assigned to classes or settings
with individuals who are younger than eighteen years of age.

(G)
Each eligible provider shall contact each individual to whom a
diploma is awarded under this section to collect data on the
individual's career and educational outcomes at six months, twelve
months, and eighteen months after the awarding of the diploma. At
each time of contact, the provider shall request information
regarding whether the individual is gainfully employed, participating
in an apprenticeship, enrolled in postsecondary education, or serving
in the military. The provider shall report the data collected to the
department in the manner determined by the department.

(H)
The department
shall

may

adopt
rules
as
necessary
to

administer
this section. The rules may include
establish

all
of the following:

(1)
Standards for competency-based educational programs;

(2)
Standards for applying an individual's work or life experiences
toward the requirements of division (C) of this section;

(3)
Requirements for determining the amount paid to providers under
division (D) of this section;

(4)
Guidelines for approving or denying a hardship request made under
division (E) of this section.

Section
5.
That
existing section 3313.902 of the Revised Code that is scheduled to
take effect July 1, 2026, is hereby repealed.

Section
6.
Sections
4 and 5 of this act take effect July 1, 2026.

Section
7.
The
General Assembly, applying the principle stated in division (B) of
section 1.52 of the Revised Code that amendments are to be harmonized
if reasonably capable of simultaneous operation, finds that the
following sections, presented in this act as composites of the
sections as amended by the acts indicated, are the resulting versions
of the sections in effect prior to the effective date of the sections
as presented in this act:

Section
105.41 of the Revised Code as amended by H.B. 66 of the 133rd General
Assembly and H.B. 110 of the 134th General Assembly.

Section
340.03 of the Revised Code as amended by both H.B. 96 and S.B.138 of
the 136th General Assembly.

Section
340.08 of the Revised Code as amended by both H.B. 96 and S.B. 138 of
the 136th General Assembly.

Section
921.26 of the Revised Code as amended by both H.B. 507 and S.B. 131
of the 134th General Assembly.

Section
924.52 of the Revised Code as amended by both H.B. 153 and H.B. 229
of the 129th General Assembly.

Section
939.02 of the Revised Code as amended by both H.B. 7 and H.B. 166 of
the 133rd General Assembly.

Section
940.02 of the Revised Code as amended by both H.B. 166 and H.B. 340
of the 133rd General Assembly.

Section
1181.21 of the Revised Code as amended by both H.B. 49 and H.B. 199
of the 132nd General Assembly.

Section
1321.37 of the Revised Code as amended by both H.B. 33 of the 135th
General Assembly and S.B. 131 of the 134th General Assembly.

Section
1533.11 of the Revised Code as amended by both H.B. 64 and H.B. 96 of
the 136th General Assembly.

Section
1533.111 of the Revised Code as amended by both H.B. 64 and H.B. 96
of the 136th General Assembly.

Section
1533.32 of the Revised Code as amended by both H.B. 64 and H.B. 96 of
the 136th General Assembly.

Section
1533.321 of the Revised Code as amended by both H.B. 64 of the 136th
General Assembly and H.B. 110 of the 134th General Assembly.

Section
3734.41 of the Revised Code as amended by both S.B. 294 and S.B. 302
of the 129th General Assembly.

Section
3745.57 of the Revised Code as amended by both H.B. 96 and S.B. 147
of the 136th General Assembly.

Section
3772.03 of the Revised Code as amended by H.B. 29 of the 134th
General Assembly and both H.B. 49 and H.B. 132 of the 132nd General
Assembly.

Section
4301.102 of the Revised Code as amended by both S.B. 162 and S.B. 188
of the 121st General Assembly.

Section
4729.16 of the Revised Code as amended by both H.B. 558 and S.B. 288
of the 134th General Assembly.

Section
4731.19 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.

Section
4751.32 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.

Section
4763.03 of the Revised Code as amended by both H.B. 199 and H.B. 213
of the 132nd General Assembly.

Section
5104.019 of the Revised Code as amended by H.B. 33 of the 135th
General Assembly and H.B. 281 of the 134th General Assembly.

Section
5119.22 of the Revised Code as amended by both H.B. 96 and S.B. 138
of the 136th General Assembly.

Section
5119.221 of the Revised Code as amended by both H.B. 96 and S.B. 138
of the 136th General Assembly.

Section
5119.25 of the Revised Code as amended by both H.B. 96 and S.B. 138
of the 136th General Assembly.

Section
5123.43 of the Revised Code as amended by both H.B. 158 and H.B. 483
of the 131st General Assembly.

Section
5126.25 of the Revised Code as amended by both H.B. 509 and S.B. 131
of the 134th General Assembly.

Section
5505.17 of the Revised Code as amended by both H.B. 49 and H.B. 362
of the 132nd General Assembly.